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Contractor wedged between contract and Environment Protection Act 1993

EP Article

A recent decision[1] of the Supreme Court highlights the need to align contractual obligations, statutory obligations and technical drawings, specifications and plans incorporated into works contracts. The case was described ominously by the Court as “a salutary tale for developers, engineers, and civil works contractors of a series of unfortunate events, compounded by an industry […]

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Promoting the development of a Green Hydrogen Industry – the Hydrogen and Renewable Energy Bill


The South Australian Government is set to introduce its proposed ‘world first’ stand-alone hydrogen and renewable energy legislation into Parliament in September 2023.  As part of a bold push to make South Australia a green hydrogen industry centre, the Hydrogen and Renewable Energy Bill 2023 (HRE Bill) proposes legislation to open up State owned land […]

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ERD Court approves 24-hour trading for petrol station

Petrol Station

On 10 August 2023, the Environment, Resources and Development Court  handed down its decision in PC Infrastructure Pty Ltd v City of Mitcham Council Assessment Panel [2023] SAERDC 14. The appellant, PC Infrastructure Pty Ltd, sought to develop a retail fuel outlet with associated facilities, including a car wash, at 250-252 Belair Road, Torrens Park. […]

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Finalisation of the Miscellaneous Technical Enhancement Code Amendment

Miscellaneous Technical Enhancement Code Amendment

The Miscellaneous Technical Enhancement Code Amendment (MTE Amendment) initiated by the Commission pursuant to s73(2)(a) of the Planning, Development and Infrastructure Act 2016, has now been approved. A consolidation of the Planning and Design Code incorporating the MTE Amendment is expected to be published shortly. The MTE Amendment was “primarily focused on addressing technical and […]

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Welcome John Vrodos, Lawyer

We are delighted to welcome John Vrodos to the Botten Levinson team, in the role of Lawyer. John joins our team following time in Darwin as Associate to Chief Justice Michael Grant of the Northern Territory Supreme Court along with time at a litigation firm. John brings with him great court process experience and will […]

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Changes to EPA Site Contamination Frameworks and Policy Document

Site Contamination

In December 2022, the Environment Protection Authority updated the following site contamination frameworks and policy document: Site contamination – Regulatory framework Site contamination – Orphaned site contamination management framework Site contamination policy – Certification of practitioners The site contamination frameworks supersede the Regulatory and Orphan Site Management Framework (2017). The frameworks distinguish between the regulation […]

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Congratulations to Helen Kremmidiotis

Helen Kremmidiotis, Botten Levinson Lawyers

Congratulations to Helen Kremmidiotis who graduated with first class honours from the Bachelor of Laws and Legal Practice at Flinders University and was awarded the 2022 University Medal for her outstanding academic contribution to the University in the College of Business, Government and Law. The team at Botten Levinson already knew you were a star […]

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Syd McDonald appointed as Principal

Syd McDonald, Botten Levinson Lawyers

Botten Levinson is delighted to announce that Syd McDonald has joined James Levinson, Tom Game and Ali Field as a Principal of the firm. Syd’s dedication over the past decade to the firm’s specialist fields of development, land use, environmental and liquor licensing law has seen him rise to become a highly respected and sought-after […]

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New EPA Noise Policy

Noise pollution

The EPA’s new noise policy is now open for consultation On 22 September 2022, the Environment Protection Authority (EPA) released a draft Environment Protection (Commercial and Industrial Noise) Policy 2022 and associated draft Indicative noise level guidelines for consultation. The new policy will replace the EPA’s existing Environment Protection (Noise) Policy 2007. Broadly, while the […]

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Appeal lodged against decision of SA Supreme Court finding Lake Torrens s23 authorisation under Aboriginal Heritage Act 1988 invalid

Aboriginal Heritage

Dare & Ors v Kelaray Pty Ltd & the Minister of South Australia [2022] SASC 91 (25 August 2022) On 25 August 2022 the Chief Justice of the South Australian Supreme Court delivered judgement on an application by the Barngarla Determination Aboriginal Corporation and two others for judicial review of a decision by the responsible […]

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One of the first decisions of the ERD Court in a planning appeal dealing with a Planning and Design Code application

Land division

Parkins v Adelaide Hills Council Assessment Manager [2022] SAERDC 12, delivered by a Commissioner of the Environment, Resources and Development Court on 1 August 2022, is one of the first Court decisions in a planning merits appeal dealing with a development application lodged under the “Planning and Design Code” (Code). The applicant for consent appealed […]

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