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LKM Volume 3, 1995-1998

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LKM Volume 3, 1995-1998 Planning Government Infrastructure and Environment group Colin Biggers & Paisley's Planning Government Infrastructure and Environment group is the trusted partner of public and private sector entities, for whom we are the legal and policy designers of strategic and tactical solutions to exceptionally challenging problems, in our chosen fields of planning, government, infrastructure and environment. We have more than 50 years' experience of planning, designing and executing legal and policy solutions for large development and infrastructure projects in Australia, including new cities, towns and communities. We are passionate about planning, government, infrastructure and environment issues, and we pride ourselves on acting for both the private and public sectors, including private development corporations, listed development corporations, other non-public sector entities and a wide range of State and local government entities. The solutions we design extend beyond legal and policy advice, and represent sensible, commercially focused outcomes which accommodate private interests in the context of established public interests. Reputation Our Planning Government Infrastructure and Environment group has built long and trusted relationships through continuous and exceptional performance. We understand that exceptional performance is the foundation of success, and we apply our philosophy of critical thinking and our process of strategy to ensure an unparalleled level of planning, design and manoeuvre to achieve that success. Our group practices as an East Coast Team of Teams, known for its Trusted Partners, Strategic Thinkers, Legal and Policy Designers and Tacticians. Credo Our credo is to Lead, Simplify and Win with Integrity. Our credo means we partner by integrity, lead by planning, simplify by design and win by manoeuvre. Lead, Simplify and Win with Integrity Specialist expertise and experience Our Planning Government Infrastructure and Environment group is recognised for our specialist expertise and experience: Planning – Strategic and tactical planning of development issues and processes for projects, in particular major residential communities, commercial and industrial developments. Government – In-depth understanding of government legislation, policy and processes. Infrastructure – Specialist expertise and experience in infrastructure planning, funding and delivery. Environment – Legal excellence in all areas of environmental law and policy. Contents INDEX ................................................................................................................................... ii TABLE OF LEGISLATION ................................................................................................. viii TABLE OF CASES ............................................................................................................... x Implementation of sustainable development by Australian local governments 1 Review of recent unreported decisions of the Planning and Environment Court 10 Review of papers presented at QUT seminar on 2 November 1994 on the criminal offences and evidential provisions under the Environmental Protection Act 1994 (EPA) 14 Review of the most recent developments in planning law across Australia 16 Environmental decisions and the Administrative Appeals Tribunal 20 What is the PEDA Bill and how will it impact the Integrated Development Assessment System? 23 Queensland and Victorian water regulation and policy and the National Environment Protection Council's role in its development 27 Infrastructure agreements 29 State level impact assessment in Queensland 31 Environmental law – Role of the lawyer 34 Enactment of legislation and policies concerning planning and environmental issues 44 PEDA: A good idea but will it work? 47 Legal implications of bushfire management 51 Review of DCP implementation mechanisms 57 Review of updated planning legislation and policies across New South Wales and Queensland 60 Review of updated planning legislation focusing on heritage matters, the sale of water assets and the BCA 63 Redundant sites and buildings: A legal perspective 67 Review of planning law updates concerning State and Commonwealth legislation 73 Review of various planning legislation concerning State and Commonwealth legislation 76 Various planning law changes within Australian legislation including changes to ACT planning laws and consideration of both water and noise policies under Queensland legislation 81 Summary of recent developments in planning and environment law within Australia 85 Review of the impact of telecommunications and land contamination legislation and issues surrounding local government liability in negligence, anti-discrimination and negligence in town planning 88 Wastewater use, reuse and the law in Queensland 97 Consideration of major concepts of new urbanism, hazardous industry planning, subdivision of heritage buildings, dance parties code of practice and amendments to New Zealand, New South Wales, Queensland and Commonwealth planning and environment legislation 110 LEGAL KNOWLEDGE MATTERS VOL. 3, 1995 – 1998 | i Index Administrative Appeals Tribunal ............................................................................................................................ 20 Advancing IPA's purpose ....................................................................................................................................... 96 Aesthetic ................................................................................................................................................................ 69 Agenda 21 — the Global Action Plan to implement the Declaration ........................................................................ 1 Agricultural Resource Management Council of Australia and New Zealand .......................................................... 45 Alcohol free zones in public places ........................................................................................................................ 44 Amalgamation of land use planning ....................................................................................................................... 68 Application for a development permit ..................................................................................................................... 23 Application for an amendment to a planning scheme ............................................................................................ 12 Application of the Native Title Act 1994 to the sea................................................................................................. 77 Approvals process ................................................................................................................................................. 68 Assessment of a development application ............................................................................................................. 24 Audit of environmental impact ............................................................................................................................... 41 Audits of industrial premises .................................................................................................................................. 41 AUSTEL ................................................................................................................................................................. 88 Australia and New Zealand Environment and Conservation Council ..................................................................... 45 Australian and New Zealand Mineral and Energy Council ..................................................................................... 16 Australian Communications Authority .................................................................................................................... 88 Australian Heritage Commission................................................................................................................ 63, 64, 71 Australian Local Government Association ............................................................................................................. 67 Australian Model Code on Residential Development ............................................................................................... 4 Australian Nature Conservation Agency ................................................................................................................ 64 Australian Uniform Building Regulations Co-ordination Council .............................................................................. 4 Bill provides for applications to change a development approval .......................................................................... 25 Bill provides for compensation for injurious affection ............................................................................................. 26 Bottle shop licence may be refused ....................................................................................................................... 13 Brundtland Report.................................................................................................................................................... 1 Building design .................................................................................................................................................... 110 Building Regulation Review ....................................................................................................................................
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