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Landmark nuisance case against Wind Farm creates uncertainty and risk for renewable energy operators and projects operating with emission limits

Wind Turbines

A recent decision of the Victorian Supreme Court, which found the Bald Hills Wind Farm liable in noise nuisance, has a number of implications for renewable energy operators and other major projects operating with emissions limitations and facing community opposition. The decision in Uren v Bald Hills Wind Farm Pty Ltd [2022] VSC (Uren), is […]

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Changes to affordable housing criteria

Affordable home

By notice published in the Gazette on 20 January 2022, the State Government updated the criteria for determining affordable housing to expand the ways in which developer obligations to provide affordable housing can be secured. Prior to the changes,  developer obligations could only be secured through an affordable housing agreement executed and registered against the […]

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New Assessment Process for Tourism Development in Aquaculture Zones

In late November 2021 the State Government passed the Aquaculture (Tourism Development) Amendment Bill 2021. The Bill, currently awaiting assent, seeks to streamline the assessment and approval process for aquaculture related tourism development, such as on-water oyster shucking or swimming with tuna,  by amending the Aquaculture Act 2001. The Act regulates the aquaculture industry and […]

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Welcome Rosie Jervis, Special Counsel

Rosie Jervis

We are delighted to welcome Rosie Jervis to the Botten Levinson team, in the role of Special Counsel. Rosie has extensive experience in administrative law, regulatory law and civil and criminal enforcement and has acted for both public and private sector clients in Australia and a number of foreign jurisdictions. Rosie also holds a Master […]

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High time for SCAP deliberation access

On Wednesday 27 November 2019 the Upper House passed the Planning, Development and Infrastructure (Transparency) Amendment Bill. The Bill seeks to provide greater transparency to the decision making process of the State Commission Assessment Panel (SCAP), the delegated planning authority responsible for assessing some of the most significant development applications in the State.   The […]

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Councils obliged to accept decisions of private certifiers – Cairo v Norwood, Payneham & St Peters [2018] SAERDC 11

The ERD Court has ruled that councils are obliged under the Development Act to accept planning consents and building rules consents issued by private certifiers.   Mr Cairo obtained development plan consent from a private certifier for existing works that were, in the opinion of the certifier, Residential Code complying alterations to two semi-detached dwellings. […]

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New Guidelines for Clearing Native Vegetation

The Native Vegetation Council has adopted new policies and guidelines and is consulting on further guidelines as part of the recent changes to the Native Vegetation Regulations 2017 which came into effect on 1 July.   New offsetting policy and guidelines   The NVC has produced a new policy about and new guidelines for calculating […]

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