Ben Swain Archives

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NSW planning system reforms: What developers need to know

Amendments to the Environmental Planning and Assessment (EP&A) Act that have commenced Our Planning and Environment team has summarised the recent amendments to the EP&A Act that have commenced, along with their implications for developers in NSW. Objects of the EP&A Act amended The objects in section 1.3 of the EP&A Act have been amended […]

How are heritage properties in Victoria now assessed for land tax?

Landowners who own investments properties, commercial properties, holiday homes and vacant land are required to pay land tax. A landowner’s annual land tax is based on the “site value” of all the taxable land owned. The “site value” of land is set by the Valuer-General and reflects the unimproved value of the land, meaning the […]

The Goldmate appeal: Statutory disregard and just terms compensation for compulsory acquisition of land

The NSW Court of Appeal in Goldmate Property Luddenham No 1 Pty Ltd v Transport for New South Wales has allowed an appeal against the Land and Environment Court’s assessment of the amount of compensation payable for the compulsory acquisition of property pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (the Act). The decision has […]

Changing development approvals for developers and property owners in Queensland

Developers or property owners often need to make changes to a development approval in response to changing market conditions or operational needs. In Queensland, under the Planning Act 2016 (Qld) (PA) a person may apply to change a development approval for either a ‘minor change’ or a change ‘other than for a minor change’ (other […]

Australia’s strongest environmental laws have commenced in NSW with significant changes to EPA powers and penalties for environmental offences

The Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 (the Amendment Act) has now commenced, which introduces into NSW the strongest environmental laws in Australia. The overhaul has occurred at the same time as the NSW Environment Protection Authority (EPA) has carried out criminal investigations into the asbestos-contaminated mulch, which emphasised the need […]