Category Archives: Environmental Law

Jones v Mosman Council [2015] NSWLEC 1121

ON 24 APRIL 2015, the NSW Land and Environment Court delivered Jones v Mosman Council [2015] NSWLEC 1121 (24 April 2015).

Development Application: conciliation conference; agreement between the parties; orders.

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWLEC/2015/1121.html

The Court made orders to give effect to an agreement between the applicant (Melanie Jones and Saeed Moazzam) and the respondent (Mosman Council) that was reached at conciliation on 24 April 2015.

The terms of the agreement are as follows:

1. The applicant is granted leave to amend Development Application No. 8.2014.39.1 in accordance with the plans referred to in Condition 1 of Annexure “A” hereto.
2. The applicant shall pay the respondent’s costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 agreed in the sum of $7,000.00, such costs to be paid within 28 days of orders being made in accordance with this agreement.
3. The appeal is upheld.
4. Development Application No. 8.2014.39.1 relating to the land at 173 Spit Road,
Mosman, for demolition of existing dwelling and construction of 4 units, is approved, subject to the conditions set out in annexure “A” to this agreement.

The link to annexure “A” is http://www.caselaw.nsw.gov.au/asset/553ed1a8e4b0fc828c9966f1.pdf

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Inc Pty Ltd v Commonwealth (“Fraser Island case”) [1976] HCA 20 | 14 April 1996

ON THIS DAY in 1976, the High Court of Australia delivered Murphyores Inc Pty Ltd v Commonwealth (“Fraser Island case”) [1976] HCA 20; (1976) 136 CLR 1 (14 April 1976).

The court held that the Commonwealth could validly legislate over the environment through its trade and commerce powers under the Constitution.  As a result, sand mining licensed by the Queensland Government was prohibited on the Fraser Island – the largest sand island in the world.

Fraser Island later became part of the Register of the National Estate, National Heritage List and the World Heritage List.

http://www.austlii.edu.au/au/cases/cth/HCA/1976/20.html

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Sydney, Australia

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Chidiac v Mosman Council [2015] NSWLEC 1044

ON 16 MARCH 2015, the NSW Land and Environment Court delivered Chidiac v Mosman Council [2015] NSWLEC 1044 (16 March 2015).

“DEVELOPMENT APPLICATION: development standards for height and floor space ratio; adequacy of applications to justify contravention of standards; compatibility of proposed development with objectives of the standards and the objectives of the R3 zone; desired future character of the area; view impacts; amenity of proposed dwellings”

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2015/1044.html

The Court dismissed an appeal against Mosman Council’s deemed refusal of a Development Application for demolition of existing structures at 1 Musgrave Street, Mosman and the erection of a five level residential flat building above two levels of basement car parking.

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Markakis v Mosman Council [2015] NSWLEC 1033

ON 3 MARCH 2015, the NSW Land and Environment Court delivered Markakis v Mosman Council [2015] NSWLEC 1033 (3 March 2015).

“DEVELOPMENT APPLICATION: two storey dwelling; inappropriate siting of dwelling on battle-axe site; inadequate landscaped area; impacts on adjoining dwellings; internal amenity; resolution of shared parts of site with adjoining property.”

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2015/1033.html

The Court dismissed an appeal against a decision of Mosman Council to refuse a Development Application for a two storey dwelling at 103A Raglan Street, Mosman.

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Mosman Local Environmental Plan 2012

ON THIS DAY IN 2012, the Mosman Local Environmental Plan 2012 commenced.

http://www.austlii.edu.au/au/legis/nsw/num_epi/mlep20122011647295.pdf

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Environmental Offences and Penalties Act 1989 (NSW) | 27 November 2009

Twenty Five years ago today, the NSW Parliament enacted the Environmental Offences and Penalties Act 1989.

http://www.austlii.edu.au/au/legis/nsw/num_act/eoapa1989n150370

The Act has since been repealed and incorporated in the NSW Protection of the Environment Operations Act 1987.

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Sydney, Australia

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Free guide to the Land and Environment Court

A Practitioners Guide to the Land and Environment Court (third edition, 2009)  is a handy introduction to the rules and procedures of the NSW Land and Environment Court. It is published free of charge courtesy of the Environmental Law Committee of the NSW Young Lawyers.

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Sydney, Australia

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Removal and disposal of asbestos

Asbestos fibres should never be inhaled as they may cause mesothelioma, lung cancer, asbestosis and asbestosis related pleural disease. Further information about the health effects may be found at NSW Ministry of Health.

The manufacture and supply of asbestos was banned in Australia in 2003.

Before renovating or performing maintenance work, homeowners are advised to check for asbestos. A WorkCover licenced asbestos removalist must be engaged if more than 10 square metres of bonded asbestos needs to be removed. The Local Council should be contacted in case approval is needed for the works.

WorkCover provides a factsheet, guide (Working with Asbestos) and other information on the topic.

Asbestos is a hazardous material and must be disposed of in accordance with the guidelines of the NSW Environment Protection Authority for its packaging, transportation and disposal.

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Sydney, Australia

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10/50 Vegitation Clearing

ON 1 AUGUST 2014, new laws known as the “10/50 Vegetation Clearing Legislation” were introduced to allow trees to be cleared in designated areas within New South Wales.

The Rural Fires Amendment (Vegetation Clearing) Act 2014 (NSW) amends the Rural Fires Act 1987 (NSW) to permit the owner of land in a 10/50 vegetation clearing entitlement area to:

  • Without approval, clear trees on the property within 10 metres of a home.
  • With approval, clear underlying vegetation (such as shrubs, but not trees) on the property within 50 metres of a home.

The NSW Fire Service has an online tool to work out whether or not a property is in a 10/50 Vegetation Clearing Entitlement Area.

The Rural Fire Service has produced a Code of Practice.

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Pittwater Council Tree Policy as at 25 August 2014

For information about tree care in Pittwater, go to Pittwater Council Tree Care

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Sydney, Australia

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