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Archive for the ‘Planning and Environment’ Category

Reid v WAPC: when does a condition of approval fairly and reasonably relate to the development?

By Castledine Gregory • December 21st, 2016

The recent decision of the WA Supreme Court of Appeal in Reid v Western Australian Planning Commission [2016] WASCA 181 discusses the law surrounding one of the requirements for a valid condition of a development or subdivision approval – namely, that the condition must fairly and reasonably relate to the proposed development or subdivision.  more…

Tread Cautiously – The Precautionary Principle in Planning Decisions

By Castledine Gregory • October 19th, 2016

Introduction   A recent decision of the Supreme Court of WA sheds some light on the role of the precautionary principle in planning decisions. The decision is Wattleup Road Development Co Pty Ltd v State Administrative Tribunal [No 2] [2016] WASC 279.   Background   Wattleup and another party (‘Wattleup’) sought approval under the Planningmore…

What does it mean to have ‘due regard’ to a relevant planning policy?

By Castledine Gregory • May 20th, 2016

A recent decision of the Supreme Court of Western Australia has provided guidance on the standard of ‘due regard’ required to be had by the decision maker when assessing planning approval applications.   The Court in City of South Perth v ALH Group Property Holdings Pty Ltd [2016] WASC 141 dismissed an application by themore…

Supreme Court gives guidance on the meaning of ‘waste’ and applying the landfill levy

By Castledine Gregory • March 23rd, 2016

The recent decision of the Supreme Court of Western Australia in Eclipse Resources Pty Ltd v State of Western Australia [No.4] [2016] WASC 62 considered the meaning of ‘waste’ for the purposes of the landfill levy imposed by the Waste Avoidance and Resources Recovery Levy Regulations 2008 (WA) made under the Waste Avoidance and Resourcesmore…

Momentum for environmental approvals reform

By Castledine Gregory • December 22nd, 2015

There have been two legislative reform proposals in 2015 that aim to streamline environmental regulation of the mining industry. While these proposals assist the mining industry with a clearer and less duplicative structure for environmental approvals processes, companies should always ensure that they apply some fundamental strategies to optimise their critical approvals path.   Bilateralmore…

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