News

We regularly publish updates providing information about recent developments in law or policy relevant to our clients and professionals in related fields. If you would like to subscribe to our updates, please click here and let us know your name and contact details.

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

24 May, 202224 May, 2022

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 […]

Retirement announcement – Jamie Botten

29 April, 202229 April, 2022

After a career of over 40 years, the founder of Botten Levinson Lawyers, Jamie Botten has announced his retirement. Jamie has long been regarded as the preeminent planning and property development lawyer in South Australia. He has acted for a wide range of clients in planning and development matters across the state and in many […]

Need for clarity about single use plastics ban in South Australia

29 March, 202229 March, 2022

South Australia was the first in Australia to introduce a single-use plastic ban on 1 March 2021 when the Single-use and Other Plastic Products (Waste Avoidance) Act 2020 (the Act) came into force. At that time the Act applied to single use plastic straws, cutlery and beverage stirrers only but on 1 March 2022 the […]

Syd McDonald, Planning & Environment Law Rising Star

25 March, 202228 March, 2022

Not that it needs any external confirmation – we all know he is a star – but it is pleasing to see Syd McDonald recognised as one of the rising stars of planning and environment law in SA. It is talent like this that helps to make us the pre-eminent firm for private sector planning […]

Property Council’s 500 Women in Property 2022

24 March, 202224 March, 2022

We would like to congratulate Lucy Dillon who has been selected from over 1000 nominees nationwide to be part of the Property Council’s 500 Women in Property 2022 program. The program aims to accelerate more women into leadership positions in the property industry through sponsorship of high potential talent. Lucy Dillon

Changes to affordable housing criteria

16 February, 2022

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 […]

New Assessment Process for Tourism Development in Aquaculture Zones

1 February, 20222 February, 2022

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 […]

Welcome Rosie Jervis, Special Counsel

21 December, 2021

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 […]

Barossa Water Security Strategy & Water Allocation Plan Review

19 November, 202123 November, 2021

Water allocation-irrigation-barossa vineyard

Earlier this year the State Government commenced the development of a Water Security Strategy for the Barossa and Eden Valleys region. The changing climate and its impact on existing water resources and the increasing demand for water in the region are said to be key drivers of the Strategy which is intended to form a […]

Government Decisions during the State Government Election Campaign Period: Caretaker Conventions

15 October, 2021

Are you waiting on a decision from the State Government on an important matter? The South Australian State Election will be held on 19 March 2022. In the lead up to a State election the Government will be preparing to go into Caretaker mode. Caretaker mode commences 28 days before the election on 18 February […]

Changes to the Land Acquisition Act 1969 further curtail rights of land owners/occupiers

25 August, 202119 November, 2021

Recent changes to the Land Acquisition Act 1969 will, in some circumstances, seriously impact the rights of land owners and occupiers who are affected by an acquisition. The effect of the amendments is that, in some circumstances, the acquiring authority can determine the date it takes possession of the acquired land, without the need for […]

A quick guide to comparing the Development Act and the PDI Act

6 April, 20216 April, 2021

To save you time we have prepared a Code comparison table showing the differences between the Development Act 1993 and the Planning, Development and Infrastructure Act 2016 (PDI Act). If you would like a copy please email us at info@bllawyers.com.au

Commercial Leasing: Amendments to the COVID-19 Emergency Response Act 2020 (SA)

22 May, 202022 May, 2020

In early April, the Prime Minister announced that the National Cabinet had agreed to a common set of principles, to underpin and govern intervention to aid commercial tenancies. These principles became enshrined into the Mandatory Code of Conduct. The Code of Conduct imposes the following leasing principles: Landlords must not terminate leases due to […]

High time for SCAP deliberation access

16 December, 2019

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 […]

Amendment to rights of review under the Land Acquisition Act 1969

6 July, 2018

Parliament has recently amended a person’s initial rights of review under section 12A of the Land Acquisition Act 1969 and Land Acquisition Regulations 2004 by vesting the power to hear a section 12A review in the South Australian Civil and Administrative Tribunal (SACAT). Where a person receives notice that an Authority intends to acquire […]

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

27 February, 2018

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. […]

Environment Protection Orders – Retrospective requirement ruled out of order by Supreme Court

6 February, 2018

The Full Court of the Supreme Court decision in Environment Protection Authority v SA Morgan Pty Ltd [2017] SASCFC 164 considers the scope of an environment protection order (EPO) and the Environment Protection Authority’s other powers under the Environment Protection Act 1993. It deals with the limits of EPOs for remedial measures as distinct from […]

Major reforms to the Liquor Licensing Act passed by Parliament

16 November, 201716 November, 2017

Both Houses of Parliament have now passed the Liquor Licensing (Liquor Review) Amendment Bill 2017. The changes were mainly based on the review conducted by former Supreme Court Justice Tim Anderson QC, which were released last year. These amendments have two focusses; tougher laws in regards to the supply of alcohol to minors and […]

The Role of Valuers in Compulsory Acquisition Cases

18 October, 201719 October, 2017

Valuers are usually retained by a dispossessed owner or by the dispossessed owner’s lawyer early in the compulsory acquisition process. In fact, valuers very often become involved before the formal process has even commenced, when acquiring authorities approach the owners or occupiers of ‘targeted’ properties with a view to purchasing those properties outside the statutory […]

New Guidelines for Clearing Native Vegetation

25 July, 2017

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 […]