Across Australia, planning and environmental laws are primarily governed at the State level. Each State’s Parliament establishes regulations concerning the utilization and development of land and natural resources within their jurisdiction. In New South Wales (NSW), the cornerstone of legislation governing land use and preservation of natural resources is the Environmental Planning and Assessment Act 1979, wherein the term “environment” encompasses various aspects of human surroundings, affecting individuals and social groups alike. This broad definition empowers the Parliament to regulate both human and natural environments extensively.
To protect the natural environment, the Parliament has also instituted laws that license pollution and criminalize activities that harm or pollute it. Offenders can face significant penalties, including custodial sentences. Key legislative acts related to harm, licensing, enforcement, and pollution control in NSW are the Biodiversity Conservation Act 2016 and Protection of the Environment Operations Act 1997.
For those involved in land and property-related matters in NSW, seeking advice and representation from experienced planning and lawyers is crucial. A reputable law firm with extensive experience advising on matters ranging from contaminated land, compulsory acquisition and compliance to due diligence and development consent can prove invaluable. Such legal services often extend to litigation, representation before tribunals, and assistance with local government-related issues. Across NSW, including Sydney, the Land and Environment Court of New South Wales is a crucial venue for matters involving planning and environmental law, as well as prosecution for non-compliance.
While often seen as an interconnected branch of law, planning law and environmental law serve distinct purposes and necessitate specialized legal expertise. Planning law primarily focuses on the legal framework surrounding land use and development. On the other hand, environmental law is concerned with safeguarding the environment, encompassing aspects such as air quality, water resources, and the preservation of endangered species. A subset of environmental law is natural resource law, which aims to conserve native plants and animals, both on land and in aquatic environments.
In practical terms, planning laws dictate the permissible locations, sizes, shapes, and impacts of new developments. Conversely, environmental laws facilitate authorized pollution through licensing procedures and set limits on the type and extent of environmental pollution. The harmonious integration of planning and environmental laws helps ensure thorough consideration of environmental impacts before any development occurs. Furthermore, developments are granted approval only when their impact on the natural and built environments is deemed acceptable.
Our environment and planning lawyers have strong expertise in:
Our environment and planning lawyers can assist with:
Our team of environment and planning lawyers can help you with:
Our experienced team of planning and Environment lawyers can help you with:
Tell us about your legal concerns with your development and we will provide a pulse-check of your situation and a bespoke strategy to meet your unique legal issues.
Be it starting out a new development to negotiations with councils on approval conditions and representation in the Land and Environment Court, we offer a free, no-obligation consultation for you to understand the next best action forward.
Use the form to request a call back from one of our expert planning and environment lawyers.
We respond within 24 hours.
Raea is Managing Director and Principal Lawyer for PBl Law Group. Raea assists clients with major projects, property developments, construction and strata law.
He has worked in Western Australia and Queensland assisting with expansion projects in the energy and resource sector and now predominately advises clients in Strata and Community Association matters.
He is a member of the Australian College of Strata Lawyers where majority of his work is advising developers and owners corporations with dispute related minor and major defects, strata governance and common property litigation. He is proficient at leading negotiations and meetings.
Raea has a particular interest in the commercial aspect of any dispute and always tries to weigh up the risk, reward and benefit of legal proceedings at each different stage.
Raea enjoys all forms of competitive sport, including Crossfit and actively participates in Triathlons, representing Australia as an age group athlete. He was a member of Red Head Surf Lifesaving club.