The Planning and Environment Court of Queensland considers two appeals concerning development conditions imposed in a development approval which limit vehicle access to a site via a local road.
An application for the extinguishment of an easement providing for the access and enjoyment of light and air is dismissed because of the practical benefits to the benefitted property and any injury suffered by its extinguishment could not be adequately compensated.
An appeal to the District Court of Queensland against a decision of the Magistrates Court relating to the construction of the term "waste" under the Environmental Protection Act 1994 (Qld) has been dismissed, because the District Court found no error in law.
An application in pending proceeding seeking an extension of time for the filing of a Notice of Appeal in relation to an infrastructure charges notice is allowed.
This article considers select cases from the NSW Land and Environment Court and the NSW Court of Appeal in 2024, and the outlook for 2025.
There have been a number of decisions from the NSW Land and Environment Court and the NSW Court of Criminal Appeal in 2024 that operators of waste facilities, as well as other types of potential pollution generating activities, should be aware of.
