Environment and Planning Law: Legislative Reform and Enforcement

No time to read the latest civil & criminal enforcement judgements from the land & environment court? Uncertain of pathways for getting state significant developments? Join NSW’s leading experts to breakdown processes for initiating & managing enforcement proceedings & assess guidelines for high density developments & consent authorities in state significant developments. Investigate legislative reform for climate protections & analyse the Independent Review of Australian Carbon Credit Units. 2310N12
Tuesday, 24 October 2023
10.00am to 11.00am The Caselaw Considered: the POEO Act, EP&A Act, and EPBC Act Explored
  • Jurisdictional error and environmental planning instruments: Consideration of recent decisions of the Court of Appeal relating to
    • El Khouri v Gemaveld Pty Ltd [2023] NSWCA 78
    • McMillan v Taylor [2023] NSWCA 183
  • Physical commencement under the EPA Act
    • Fabemu (No 2) Pty Ltd v Kiama Municipal Council [2023] NSWLEC 79
    • PAG Services Pty Ltd v Byron Shire Council [2023] NSWLEC 40
  • BDAR requirements and the recent application of Planners North v Ballina Shire Council[2021] NSWLEC 120

Presented by Alistair Knox, Partner, Pikes & Verekers; Accredited Specialist Local Government and Planning Law; Rising Star Planning and Environment Law, Doyle’s Guide 2022

12.15pm to 1.15pm Criminal and Civil Enforcement of Environmental and Planning Laws
  • Investigate the process of commencement of criminal proceedings in the Local Court and Land and Environment Court
  • Explore means of civil enforcement of environmental and planning laws, including issuing administrative action or orders
  • Analyse applications for civil enforcement in the Land and Environment Court
  • Examine the significance of proceedings for contempt in environment and planning law enforcement

Presented by Mark Seymour, Barrister, Martin Place Chambers; Recommended Planning & Environment Junior Counsel, Doyle’s Guide 2023

11.15am to 12.15pm Practice and Procedure for State Significant Developments
  • What is State Significant Development (SSD)?
  • Who is the consent authority?
  • Assessment process for SSD - including SSD Guidelines, SEARs, the role of Registered Environmental Assessment Practitioners, Bilateral assessments, the Independent Planning Commission
  • Appeals

Presented by Madeleine Thomas, Deputy General Counsel, Department of Planning and Environment NSW

9.00am to 10.00am Climate Change Act & Legislative Developments

Gain a roundup of the recent developments in Federal climate laws and reforms that you need to be abreast of, including:

  • Examine the Climate Change Act
  • Navigating the Nature Repair Market Bill
  • Independent Review of Australian Carbon Credit Units – outcome and response

Presented by Breellen Warry, Partner, Maddocks; Best Lawyers 2022, Planning and Environment Law; Leading Planning and Development Lawyer, Doyle’s Guide, 2022 and Teresa Hislop, Senior Associate, Maddocks

Chair:

Alice Spizzo, Director, Alice Spizzo Advisory

11.00am to 11.15am Morning Tea
Description

Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation

Presenters


Ms Breellen Warry, Partner,
With over 18 years’ experience, Breellen specialises in all areas of planning and environmental law. Breellen advises local and State Government clients, in addition to a range of private sector clients, including within the development industry, waste and education sectors. As well as working in private practice in Sydney and London, she has worked as an inhouse counsel for a number of government agencies in NSW and in the UK, as well as being seconded to NSW Government agencies. Breellen also has a particular interest in waste regulation, contamination, biodiversity conservation, climate change, environmental markets, pollution and heritage matters. Breellen has been recognised in the Doyle's Guide as a Leading Planning & Development Lawyer – New South Wales since 2020 and in the 2021 and 2022 Editions of Best Lawyers for Planning and Environmental Law. She is recommended by the Legal 500 Asia Pacific (2023) Guide for her work in Native Title.


Madeleine Thomas, Deputy General Counsel,
Madeleine has 20 years experience as a government lawyer, working predominantly in the field of planning, environment and natural resource management. She specialises in administrative law and statutory interpretation. Madeleine leads a large team of lawyers providing legal advice and support for the Department and Ministers in the portfolio areas of Local Government, Planning, Environment, Heritage, Energy and Water. She is responsible for supporting the Attorney-General in his role as the lead Minister for Native Title in NSW and managing the legislative priorities for the Department of Planning and Environment, working closely with the Department’s policy teams and the Parliamentary Counsel’s Office to deliver statutory reform including Bills, regulations and planning instruments. This has, most recently included, the passage and implementation of the NSW Reconstruction Authority Act 2022 in response to the NSW Independent Flood Inquiry recommendations, and the Widjabul Wia-bal native title consent determination by the Federal Court.


Mark Seymour, Barrister,
Mark Seymour is a barrister admitted to practice in the Supreme Court of NSW and High Court of Australia in 2004. Since 2005 Mark has been a member of Martin Place Chambers. Mark holds a Master of Laws (Government and Commercial Law) from the Australian National University and a Graduate Certificate in Urban and Regional Planning from the University of Sydney. He has lectured in administrative law, real property and equity and trusts at the University of NSW and the University of Technology, Sydney. In 2008 he was awarded the Young Australian Environmental Lawyer of the Year by the Planning Law Group of the Law Council of Australia. Mark is a co-author, with Peter Kelso, of the annotations to the Local Government Act 1993.


Ms Teresa Hislop, Senior Associate,
Teresa Hislop is a Senior Associate within the Public Law team at Maddocks, who is a planning, environment, and natural resource law specialist. Prior to joining Maddocks Teresa worked in-house for the NSW Government (in both the Department of Planning and Environment and the Department of Industry) where she delivered advisory and legislative services to all levels of Government. In her time with the NSW Government, Teresa was involved in the delivery of a number of significant legislative reforms in the areas of marine parks, biodiversity, and more recently the introduction of the Electricity Infrastructure Investment Act 2020, which underpins the Government’s investment in renewable energy zones as part of its response to the energy crisis and climate change. Teresa has built on her NSW Government experience at Maddocks to expand her practice to now provide regular advice on complex procurement, probity, due-diligence, contracts, contaminated land, and waste issues. Teresa has a keen interest in the climate change crisis and the role that law can play in helping to respond to this issue. As part of this, Teresa is also a member of the Law Society’s Climate Change Working Group.


Alistair Knox, Partner,
Alistair is part of the local government and planning law team at Pikes and Verekers, acting for both private and public clients. Alistair worked at the Land and Environment Court during his legal studies. During this time, Alistair worked in various roles through the registry as well as doing work for various Judges and Commissioners of the Court. This role required Alistair to be familiar with all classes of the Court’s jurisdiction. Through his studies, Alistair also gained valuable experience working in other areas of the law including regional practice (family, conveyancing, personal injury), legal aid (criminal) and work as a tipstaff at the Industrial Relations Commission.

2310N12

Environment and Planning Law: Legislative Reform and Enforcement

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Morning Session
Tuesday, 24 October 2023
9.00am to 10.00am Australia/Sydney
CPD Points 1
1
$505.00
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Venue
Legalwise Seminars

Level 11,  70 Pitt Street, Sydney 

Directions

These are  the nearby public transport options.

By train: Wynyard station is only 400m away and Martin Place station only 500m away
Bus:  The Clarence Street Bus Interchange is only 450m and there are many buses that stop nearby
Ferry: Circular Quay is the closest Ferry

Parking Information

Parking is not included in your registration. Here are some nearby parking options.

Secure Park, 20 Bond Street - Click here for rates
Wilson Park, 1 O'Connell Street - Click here for rates
Wilson Park, 31 Bond Street - Click here for rates