Legal Updates

Environment, Planning and Resources

Crouching tiger, hidden dragon? Local nuisance and litter control bill

Consultation has commenced on the new Local Nuisance and Litter Control Bill.  The Bill aims to provide clearer parameters for Local Government when dealing with environmental local nuisance and littering. On its face the Bill seems to be a practical consolidation of existing nuisance and littering laws which are currently scattered through many pieces of…

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Development Regulation changes – what they mean for you

While we have been waiting for the draft legislation in response to the 22 recommendations made by the Expert Panel on planning reform, in June 2015 some interim amendments to the Development Regulations (2008) have come into operation. In the main these amendments are minor and provide clarification and simplification of a number of Regulation…

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What comes first, the land division or the detached dwelling?

According to the ERD Court decision in Paior & Anor v City of Marion & Ors (No.3), it is only when the relevant authority approves the land division and when the plan of division is lodged with the Lands Titles Office that approval for built form can be granted. The decision has serious implications for any developments involving an…

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EPA Delays Release of Revised Site Contamination Guidelines

The assessment and remediation of site contamination in South Australia is governed by the provisions of the Environment Protection Act and Regulations. The Environment Protection Authority (EPA) produces guidelines to assist site contamination auditors and consultants to understand and comply with the legislative requirements, and to provide the framework to enable the recommended process in…

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The Expert Panel’s ideas for Planning Reform

On 6 August 2014 the Expert Panel on Planning Reform released its second report, “Our ideas for Reform”. There are 27 ideas for reform contained in the report and not surprisingly some of them are causing some controversy. The report recognises the positive attributes of our existing planning system while identifying the reality that the…

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City of Mitcham Heritage DPA – Submissions Open

In 2011 the City of Mitcham completed a heritage survey of its council areas. The survey made recommendations in respect of a number of areas resulting in the release on 13 February 2014 of a Heritage Development Plan Amendment (DPA). The DPA has been granted Interim Operation by the Minister for Planning which means it…

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Speak and Listen – What the expert planning panel heard

In February 2013 the Minister for Planning, Mr John Rau announced the creation of a five member expert panel to undertake a review of the planning system and to provide recommendations for a new planning system. While the panel will not undertake a review of policy, it will look at potential reforms to the legislative…

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National Site Contamination Assessment Guidelines Amended

The Standing Council of Environment and Water has officially approved an amendment to the National Environment Protection (Assessment of Site Contamination) Measure (ASC NEPM). The amendment, which was approved on 11 April 2013 supports the ASC NEPM’s aim to ‘provide adequate protection of human health and the environment, where site contamination has occurred, through the…

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