Podcasts about environment court

Walking the Fairways segment of The Golfing Greenkeeper Podcast is proudly brought to you by ⁠Colin Campbell Chemicals⁠⁠⁠ www.campbellchemicals.com.au and ⁠Dint Golf Solutions⁠⁠ www.dint.com.auRoyal Sydney Golf Club has been through a great deal of hard in the background prior to the commencement of breaking ground by Golf Course Architect Gil Hanse and his team back in 2023. Gil was selected by the club back in 2016 to reimagine the golf course, a club that is one of the oldest in Australia's. Soon after the project's announcement, backlash from some members of the local community would ultimately force the project to the Land & Environment Court, which after a number of years, would rule in favour of the golf club.Golf Course Superintendent, Adam Marchant, has an insight to the entire project that few others have. He and his team were at the centre of this entire project given that they are the ones who will care for and nurture the new golf course into the future, along with retaining the architectural and environmental integrity of what has been created.If you want to know more about the detail of the new course at Royal Sydney Golf Club, then this is the podcast episode for you. Join with me as Adam gives a deep and extensive insight into the entirety of this enormous project from top to bottom and everything in-between, including how greenkeeping and architecture are intertwined to deliver a specific type of golf course. You are in the box seat as Adam describes everything in great detail that not only went into creating this new golf course, but what it will take to maintain it into the future.Royal Sydney Golf Club could just be the new definition for golf in Sydney!You hit 'em clean and we'll keep 'em green!The Golfing Greenkeeper - Instagram⁠⁠⁠⁠The Golfing Greenkeeper - Facebook⁠⁠The Golfing Greenkeeper TV - YouTubeSend an email: thegolfinggreenkeeper@gmail.comPeople and places mentioned in this podcast:Royal Sydney Golf ClubGil Hanse Golf DesignKruse Golf - FacebookEulonga QuarriesEastern Suburbs Banksia Scrub as described by Randwick CouncilEastern Suburbs Banksia Scrub: Rescuing an endangered ecological community - PDFOhoopee Match ClubVictoria Golf Club

The Government's not here to shag spiders, is it? It's planning to turbocharge its fast-track regime, speeding up the process to acquire private land for major infrastructure projects, and they intend to do that in part by offering cold, hard cash. Sweeteners or “premium payments” will be offered to private landowners, whose land is acquired under this new accelerated process. Changes to the Public Works Act, announced yesterday, would see owners paid a bonus 5 percent of the land's value —up to $92,000— for acquisitions. Those who chose to sell before a Notice of Intention would also get an extra 15 percent - up to $150,000 - on top of that, for a total of up to $242,000, as Chris Bishop told Mike Hosking this morning: “Paying a bit more upfront will massively lower costs in the long term, so we're offering a 15% incentive payment. If the Government comes along and basically says, look, we're going to build a Road of Natural Significance here or another piece of infrastructure listed on the Fast-track Act, we're going to give you a 15% incentive payment and then a 5% recognition payment as well. That will massively lower the cost of doing that infrastructure because it means we've got the certainty that you can plan the construction out, you can sequence it properly. “At the moment there are a number of examples around the country, it just causes huge delays because of the length of time it takes to acquire the land. And so it's just another step we're taking to fast-track infrastructure projects. Much of the projects we're talking about here are New Zealand Transport Agency projects, so this is central government coming along and saying, look, we're building a road of national significance here, here's the route, we need your land. “And look, no one likes taking land, we don't do it with a great degree of passion, but the reality is if we want to build stuff in this country and get those roads going that we need, and public transport projects that we that we need, it will require taking land, that's just the simple reality of it.” So most of those who object to land acquisition for critical infrastructure projects won't be able to go to the Environment Court. Instead, they'll submit their objections directly to the relevant decision maker for faster resolution. Under the changes announced, the Crown will be able to acquire private land much faster for some public projects listed in the fast-track legislation, as well as Chris Bishop said. the government's Roads of National Significance. So the overhaul of the Public Works Act is already underway and expected to be completed by early next year. Infrastructure New Zealand is welcoming the government's land acquisition incentive payments and a faster process for objection. It says it's going to really get things cracking. The government says this kind of turbocharging is needed to rebuild the economy. Do you support this? Would it make a difference? Does everybody have their price? Would an extra quarter of a million, there or thereabouts, make you realise that your house is not necessarily a castle, but a valuable asset? I mean, isn't that fabulous Australian film, ‘The Castle', built around the whole concept that infrastructure has its place, but not when it's a man's home, it's his castle? And there are stories of landowners who have held up major works for years and years and years because they don't want to leave their home. It's their home and no amount of money would make them change their minds. But Governments weren't talking about extra payments of nearly a quarter of a million dollars, were they? Does everybody have their price? If you have land or property that's either been acquired or in the firing line, does this make a difference? If you're a developer, is this exactly the sort of change and turbocharging you wanted to see? See omnystudio.com/listener for privacy information.

I don't like this idea of dangling bigger carrots in front of people who own land that the government or your local council might want for big infrastructure projects. But I'm more concerned about denying people who object access to the Environment Court. Instead of the court, if someone isn't happy about compulsory sale of their land, they'll have to complain to the Land Information Minister or their local council – depending on who it is that wants their land. And we know who's going to win that argument every time, don't we? “Dear Minister, I want to hold on to my land. Yours, so-and-so.” “Dear so-and-so. Tough. You've got no choice.” Or "Dear council, I want to hold on to my land. Yours, so-and-so.” “Dear so-and-so. Tough. You've got no choice.” The changes are being promoted as a cost-saving exercise and a way of getting big infrastructure projects happening sooner. The Government wants these changes so that big projects don't get bogged down. And the way it's going to do that is by paying people more money to get their land if it's needed for a big infrastructure project. That's if they agree up front. Because, if a landowner agrees upfront and doesn't challenge it then there will, of course, be less expense involved. The Government wants these changes to get cracking on its roads of national significance and its other fast-track projects. It's all to do with the Public Works Act. Which is the legislation that means if your house is sitting somewhere where the Government or your local council wants to build something like a new motorway, they can knock on your door and tell you that they're buying your house. It's a compulsory acquisition of a property that isn't on the market but is needed for public works. At the moment, if people don't want to sell, they can go to the Environment Court. But the Government wants to do-away with that and I don't agree with that at all. I suspect that if you're not affected, this sounds like a great idea. But if it's your land that the Government or your local council wants to get its hands on, you might feel a bit differently. I don't even need to be in the position of owning land the Government wants to take off me to know that taking away the right to go to the Environment Court is a bad idea. Tell that to Land Information Minister Chris Penk, though. He says: "Public infrastructure projects up and down the country are often held up for years by overly complex, drawn-out processes for purchasing the land needed." He goes on to say: “This has meant that projects which would provide massive benefits for communities end up stalled, with the only action happening in courtrooms.” Pretty much every time you talk to someone who is anti-the environment court, they start going on about snails on the West Coast. You'll remember this one: about 20 years ago, Solid Energy wanted to build a mine where there were these giant snails and Forest & Bird went to the Environment Court trying to stop it. What seems to have got lost over time is that the Environment Court agreed with Forest & Bird but didn't have authority to intervene. It was then that Forest & Bird went to the High Court. Which led to Solid Energy paying for 6,000 of these snails to be relocated from the Stockton Plateau, so it could access $400 million worth of coal. People who think the Environment Court is a handbrake on progress often refer to that case, and see it as good reason for getting the Environment Court out of the picture. But I don't see it that way. The Environment Court is a backstop. A backstop people should not be denied access to if they don't want to sell their land to the government or their local council. See omnystudio.com/listener for privacy information.

The government is proposing changes to the Public Works Act - these could see the Minister for Land Information deal with land acquisition objections directly - rather than the Environment Court. Green MP Huhana Lyndon spoke to Ingrid Hipkiss.

A new set of amendments looks to turbo charge major infrastructure projects. The Government's proposing changes to the Public Works Act to speed up acquiring land, including premium payments to private landowners. The Environment Court will be sidelined from the objections process. Infrastructure Minister Chris Bishop told Mike Hosking a lot of these are NZTA roading projects. He says they don't like taking land, but it's the reality if we want to build infrastructure in this country. LISTEN ABOVE See omnystudio.com/listener for privacy information.

Landowners could have less room to haggle over land deemed necessary for essential infrastructure work. The Government's proposing changes to the Public Works Act to speed up the acquisition of land for major projects. There'll be premium payments to private landowners and objections would no longer go through the Environment Court. Dentons Kensington Swan public works expert Matthew Ockleston told Mike Hosking additional payments in the current legislation are low. He says an increase of up to $150 thousand for an early sale and a recognition payment of $92 thousand will make a difference. LISTEN ABOVE See omnystudio.com/listener for privacy information.

On the Mike Hosking Breakfast Full Show Podcast for Monday 10th of March, the Government is aiming to speed up land acquisitions for public infrastructure, and the Environment Court is on its way out. A Hamilton bar has re-increased their age restriction to 20-years-old after too many 18-year-olds smashed up the place. Andrew Saville and Jason Pine talk the Black Caps loss, the squash, and some Super Rugby in the Commentary Box. Get the Mike Hosking Breakfast Full Show Podcast every weekday morning on iHeartRadio, or wherever you get your podcasts. LISTEN ABOVESee omnystudio.com/listener for privacy information.

What's being described as "ancient" infrastructure legislation is in for a shake-up. The Government's pitching changes to the Public Works Act to speed up acquiring land for major projects, including premium payments to private landowners. The Environment Court will no longer hear objections, but instead relevant authorities like the Minister for Land Information. Infrastructure New Zealand Policy Director Michelle McCormick told Andrew Dickens removing the Environment Court is a big improvement. She says we all know how over-loaded the court is. McCormick says it's good to take a fresh look at how the process could be improved, to ensure we're getting the infrastructure we need faster. LISTEN ABOVE See omnystudio.com/listener for privacy information.

What happens when the planning system feels like it's working against you? In this episode, we talk to Mark Evans from Whiteacre Legal, a specialist in planning and environmental law, about the challenges developers face in NSW. From council delays to subjective assessments, Mark shares why the system is so complex and how to navigate it with confidence. Discover how the Land and Environment Court can help resolve disputes and why having the right team can make or break a project. Mark brings real-world examples, including a six-year battle over a supermarket, to highlight key lessons for developers. Learn practical strategies for managing roadblocks, preparing for appeals, and tackling council negotiations. This episode is packed with actionable advice for anyone navigating the planning process. Don't miss this valuable discussion for developers and investors alike!Topics: ✅ NSW Planning System: Challenges for Developers✅ Navigating Council Delays and Approvals✅ The Role of the Land and Environment Court✅ Building the Right Team for Development Success✅ Overcoming Heritage and Compliance Issues✅ Practical Advice for Developer AppealsConnect with Mark Evans:LinkedIn: https://www.linkedin.com/in/markevanslaw/Website: https://www.whiteacre.com.au/ Hosted on Acast. See acast.com/privacy for more information.

An Environment Court appeal is set to resume in Whangarei on Monday, pitting plans for a new subdivision against what a hapu says is sacred land. Northland reporter Peter de Graaf has more.

Let me take you back to the halcyon days pre-Covid. The biggest story around was Shane Jones and New Zealand First promising to make Northport the port of the future that New Zealand not only needed, but deserved. The port in Auckland was no longer fit for purpose. Northport would be the biggest infrastructure spend in New Zealand's history. It would revolutionise and revitalise Northland. There would be jobs, loads and loads of glorious jobs. The streets of Kamo and Kawakawa and Whangarei would be paved with gold. We were so close to pressing go on the project and which is not to say there wasn't pushback, trucking industry leaders, infrastructure planners, port operators wanted an evidence-based debate on the Upper North Island's port strategy, not Shane Jones's rhetoric. And they were concerned the official study focused on New Zealand First's preferred option of moving the port of Auckland to Northland. They said, well, let's have a look at a new ‘Greenfields' port at the Firth of Thames, that could handle things long term. Oh, the discussion raged on talkback with the fors and againsts. Then all of a sudden Covid arrived, and the biggest infrastructure spent in New Zealand's history was shelved while we spent billions and billions of dollars fighting a virus.   But now Northport is back, and let's face it, it was never going to go away. Having a port in the middle of congested Auckland City doesn't make sense for the future, and surely there is no more room for the Port of Tauranga to expand. They've been turned down permission to expand or extend at Sulphur Point Wharf. So, the people of Tauranga and in The Mount are like, come on, you're big enough. According to the Environment Court, there's no room for Northport to expand either. Northport had applied for consents from the Northland Regional and Whangarei District Councils for a 13 hectare eastern extension, which would have been used as a dedicated terminal to accommodate future freight growth. The Environment Court said no, because of the significant adverse effects on cultural values of tangata whenua and the law on the loss of recreational values and public access to and along the coastal marine area. So now Northport's appealing that and I totally understand. They need to have a plan for growth and expansion, but we need a nationwide plan, not a local one. It needs to be across the board.   And I totally understand that the Far North used to be the centre for import and export for the North Island, Dunedin and the South. Far North was always a place things came to and went out of. The Far North needs to be revitalised, it needs a shot in the arm, it's been neglected for far too long. Totally get that. But my main concern around Northport, well, with all due respect to the tangata whenua and the loss of recreational values, is how the hell do you get freight to and from Northport when the road's closed all the time? What are you going to do then? The Brynderwyns can't cope with the traffic it has now, where are the hundreds and hundreds of heavy transport vehicles going to go when the road is inevitably closed? The Brynderwyns were closed for 58 days in 2023, 17 weeks and counting this year with no guarantee that it's going to stay open the next time there's a deluge.  And come at me with your narrow-gauge rail, because I vaguely remember the narrow-gauge rail arguments and our trains aren't big enough to take the containers. Yes, they are, said a few other train trainspotters and the trainspotters debate raged in 2019. But that's going to be a heap of infrastructure as well to upgrade the train tracks ready for the sort of freight that would be coming into and out of Northport.   So yes, I would love to see the Far North revitalised. I would love to see Northport extend. It makes sense, it's close to some of the biggest markets, but surely not until we have the infrastructure to be able to take the trucks. And yes, there's a four-lane highway planned but let's see if that can stay open, because that beautiful, beautiful stretch of road that we can travel on sometimes, yeah, that's great but it doesn't stay open is there any guarantee a four-lane highway will? So where do we put a bigger, better port? Tauranga is struggling to expand. You can't get to Northport for 17 weeks of this year. Auckland's in the middle of a congested city, I can't imagine how much it costs with all the time wasting. Napier, Timaru, come back Dunedin? The Firth of Thames? What's the answer?       CORRECTION: This piece incorrectly refers to the Environment Court declining the port expansion.  It was not the Environment Court, it was independent commissioners.See omnystudio.com/listener for privacy information.

If you ever want an example of why the new fast track legislation is not only a good idea, but badly needed, I give you Northport.  Northport want to expand. Why? To grow.  We need to grow because what we do is sell stuff to the world and for that we need ports.  Northport has been denied resource consents. Independent commissioners looked at the application, as sent to the local councils, and turned it all down. They are now off to the Environment Court.  One of the owners of Northport is Tauranga Port. They too have been in the Environment Court because they too wanted to expand, and they too were tied up by locals in a seemingly never-ending series of red tape and obfuscation.  The Tauranga case has been going on for years.  Both examples would provide jobs, and income, and tax, and growth and yet as a country currently on its knees economically, we still can't seem to find the wherewithal to give ourselves the uppercut required to get our act together.  Enter the Fast-track Approvals Bill.  Northport has applied to be one of the cases. It would go to a group of experts and then if they tick it off it heads directly to the minister, who makes the decision.  Remarkably, we have opposition from some who argue about democracy and having our say. What they mean is there are nitpickers in councils and single-issue zealots who hire lawyers to tie things up in courts.  In other words, we have the current model, it doesn't work, it's inefficient, it's slow, it's expensive, it's anti-growth - and yet they defend it.  Just like the military academies, the health service, like the sanctions on Jobseeker, it's about trying to fix failed systems that are defended for no other reason than bloody mindedness.  When a business can't do business because of rules and bureaucrats the system is broken.  When a country, through rules, stymies growth you've got to wonder about the future. See omnystudio.com/listener for privacy information.

The Gisborne District Council is now seeking an enforcement order from the Environment Court to push for a large forestry company to remove the debris and slash. The council said fines have not worked and this action follows a petition signed by more than 10,000 people. Nedine Thatcher Swann speaks to Susana Lei'ataua.

Another company has pulled out of the resource consent process and could be banking on trying its luck with the upcoming fast-track approval process, with Stevenson Mining ditching its case in the Environment Court, to build an open-cast coal mine in a forest area south-east of Westport. Kate Green reports.

On this episode of The Callover, we have the Honourable Fleur Kingham to discuss her life in the law, her most recent appointment as Chair of the Queensland Law Reform Commission, and the criminal defences review that is currently underway. Chair Kingham's extensive contributions to the legal community in Queensland are quite remarkable. She graduated from law at the University of Queensland in 1982 and went on to become a founding member of the Women's Legal Service in Queensland and the Arts Law Centre of Queensland.  She has been a barrister, university lecturer, mediator and facilitator, the first deputy president of the Queensland Civil and Administrative Tribunal, a Judge of the Queensland District Court, the Children's Court of Queensland and the Planning and Environment Court and the President of the Land Court.  Most recently, in April 2023, she was appointed Chair of the Queensland Law Reform Commission. To contact the QLRC or find any of the resources referred to by Chair Kingham throughout the interview, visit: https://www.qlrc.qld.gov.au/See omnystudio.com/listener for privacy information.

A shipping container dressed as a house and ruled as public art by the Environment Court is causing angst in a Hamilton neighbourhood. And the stoush between its owners and the council looks set to continue with more legal action, and art, looming. Waikato reporter Natalie Akoorie has more.

Six companies convicted of health and safety failings in the lead up to Whakaari White Island disaster will be sentenced today in the Auckland District Court. The eruption in 2019 claimed 22 lives and injured 25 people. The hearings have been held in the Environment Court all this week because the District Court is too small. Victims and families have been making submissions along with the defendants. The Crown Research Institute GNS Science, was the last to be heard. Reporter Lucy Xia was there.

The ability of companies to pay fines and reparations to survivors and the families of the Whakaari White Island eruption is under scrutiny at the sentencing in Auckland. The Environment Court has heard more from the victims, families and lawyers at the second day of the hearing. Whakaari Management Limited, White Island Tours, Volcanic Air Safaris, Aerius and Kahu NZ are facing fines of up to $1.5 million each and reparations for their health and safety failings leading up to the disaster. Jordan Dunn reports.

Victims of the Whakaari / White Island disaster have today described the physical and mental trauma that robbed them of ordinary lives. Six companies are being sentenced in the Environment Court in Auckland after being found guilty during last year's trial. Each of them face fines of up to 1.5 million dollars. Dozens of people filled the courtroom this morning to watch the hearing unfold. Felix Walton was there.

The sentencing of companies over their health and safety failings in the lead-up to the deadly Whakaari White Island eruption starts in Auckland on Monday. Six parties will be sentenced, including the company that granted access to the volcanic island, following a criminal trial into the 2019 disaster which killed 22 people and injured 25 others. The sentencing is being held at the Environment Court for the next two weeks. Reporter Lucy Xia spoke to Corin Dann.

Listen as a retired Australian climate scientist, Graeme Pearman (pictured) , wonders about where he went wrong - "‘Where did I go wrong?' The scientist who tried to raise the climate alarm"; "How to Talk About Climate Change at Thanksgiving Dinner"; "Billionaires are out of touch and much too powerful. The planet is in trouble"; "Richest 1% account for more carbon emissions than poorest 66%, report says"; "Uber driver switches to EV, saves money"; "The climate scientists who saw the crisis coming – Weight of the world podcast, part 1"; "The right is babbling about tax cuts while Britain burns. Pay no heed, Jeremy Hunt"; "C4C / ACF MNxNW Campaigns meeting"; "‘Climate Change Is Here': Every Part of the U.S. Will Suffer Climate-Related Disasters, Report Finds"; "World facing ‘hellish' 3C of climate heating, UN warns before Cop28"; "A fading coal town hitches its hopes to Bill Gates's clean-energy dream"; "Concern for the Great Barrier Reef can inspire climate action - but the way we talk about it matters"; "Denial is over. Climate change is happening. But why do we still act like it's not?"; "The World Solved Acid Rain. We Can Also Solve Climate Change"; "North East Forest Alliance laments Land and Environment Court loss, says koalas will suffer"; "Global one-day temperature spikes above 2C for first time: EU monitor"; "Frustration as latest talks on global plastic treaty close"; "WA climate activist to appeal against conviction for denying police access to mobile and laptop"; "On tides of climate change, adaptability buoys hope"; "‘People have mortgages for houses that don't exist': a year on from Eugowra's flood"; "‘Enough is enough': former Coalition environment minister joins push for a national ban on native forest logging"; "We can still prevent the collapse of the West Antarctic ice sheet – if we act fast to keep future warming in check"; "How Can Cities Fight Climate Change and Still Stay Within Legal Guardrails?"; "In a U.S. First, a Commercial Plant Starts Pulling Carbon From the Air"; "World's richest 1% emit as much carbon as bottom two-thirds: report"; "How Electricity Is Changing Around the World"; "What Happens When You Put a Fossil Fuel Exec in Charge of Solving Climate Change"; "‘A Beautiful Place That Has a Dragon': Where Hurricane Risk Meets Booming Growth"; "What Happens When the Super Rich Are This Selfish? (It Isn't Pretty.)"; "Paddy the green turtle spends winter in South Australian waters, defying 'natural history books'"; "Firefly season begins in NSW as bioluminescent beetles take flight in mating display"; "Learning How Trees Can Help Unlock Secrets of Our Climate Future"; "In Massive Project, Scientists to Probe Deposits Beneath West Antarctic Ice Sheet"; "Fire is consuming more than ever of the world's forests, threatening supplies of wood and paper"; "The Lego-like way to get CO2 out of the atmosphere". --- Send in a voice message: https://podcasters.spotify.com/pod/show/robert-mclean/message

Ipswich Mayor, Teresa Harding has announced that her Council will be taking NuGrow to the Planning and Environment Court over the dump stinking up the city and surrounding areas.See omnystudio.com/listener for privacy information.

In our latest episode of Buildipedia, we are thrilled to feature Steven Griffiths, a Partner at Bartier Perry Pty Limited, renowned for his expertise in Environment & Planning as well as Local Government Law. With a nomination for lawyer of the year under his belt, Steven brings a unique perspective to the table. Having hands-on experience within councils and a novel approach to planning, he joins us today to dispel any misconceptions surrounding the LEC. KEY EPISODE TAKEAWAYS 1. The court is the legitimate avenue to level the playing field. 2. Recognise that it operates as a court for experts, delving into technical matters swiftly. Its proceedings can become intricate and specialised. 3. Understand that hearings aren't always necessary. Often, issues find resolution through conciliation, showcasing the system's focus on achieving agreements without the need for formal hearings. CONNECT WITH US ON SOCIAL MEDIA! WEBSITE: https://www.buildipedia.au/ LINKEDIN: https://www.linkedin.com/company/ballast-point-pl/mycompany/ FACEBOOK: https://www.facebook.com/ballastpointprojects INSTAGRAM: https://www.instagram.com/ballastpointprojects/ JOIN OUR COMMUNITY: https://ballastpoint.com.au/signup CONTACT Steve: https://www.bartier.com.au/ CREDITS INTRO: Rita Mastrantone INTRO & OUTRO MUSIC: Coby Wilk If you LOVED the episode, please make sure you share this on your Instagram stories and tag us @ballaspointprojects. Thanks for listening & talk soon! Mat

How would you feel if your dream of building a new home on a suburban property suddenly turns into a nightmarish ordeal? Imagine the shock and dismay when a family's hopes got crushed after demolishing their existing house, only to discover that they couldn't build on the site due to unforeseen zoning regulations. It raises a pressing question: How could such assumptions about property improvements lead to devastating consequences? To shed light on this topic, we've invited Eli Gescheit, an esteemed urban planner with over 15 years of experience and Director of Navon Planning. With his profound understanding of local councils and the needs of property owners, Eli is uniquely positioned to guide us through the intricate process of gaining approval for property enhancements. Prepare to be enlightened as we embark on a journey alongside an urban planner who has witnessed firsthand the impact of misguided assumptions. Learn how to navigate the terrain of property improvements with greater confidence and avoid potential pitfalls that could jeopardise your dreams. Episode Highlights: 00:00 - Introduction 02:11 - Understanding the basics of the planning process in its entirety 04:10 - Two types of town planners and their roles in the context of councils and government 06:25 - Demolishing a brick home without approval from a town planner's perspective 09:45 - Due diligence that goes beyond just the zoning certificate 12:52 - Property risks: Floods, bushfires, and their impact on property evaluation 16:17 - Overland flooding and flooding in Brisbane 20:06 - Various misconceptions and mistakes people make regarding their own properties 24:33 - What home improvements can you do without the need of a development approval? 31:27 - Repercussions of non-compliance in property transactions 36:16 - Roles and boundaries for illegal property work in Sydney 38:39 - Getting approvals for large property developments 43:23 - The impact of your relationship with neighbours on your property development plans 45:38 - What happens if your application gets disapproved? 48:09 - The difference between going to court vs consulting with a local agent 51:49 - The process involved in court cases and negotiations related to legal matters 57:49 - The importance of having a relationship with counsel in your pre-DA 1:00:16 - Eli Gescheit's property dumbo About Our Guest: Eli Gescheit — Director of Navon Planning, is an experienced urban planner with over 15 years' working in various Councils and consultancies, including Waverley Council and Hurstville Council (Now known as Georges River Council), at leading planning consultancy, Urbis and at Neustein Urban. Eli knows the ins and outs of Councils while also understanding client's requirements. He possesses negotiating skills and regularly appears as an expert witness before the NSW Land and Environment Court. Connect with Eli Gescheit: Connect with Eli on LinkedIn https://www.linkedin.com/in/eligescheit/ Join Eli's Masterclass https://www.navonsolutions.com.au/masterclass/ Resources: Visit our website https://www.theelephantintheroom.com.au If you have any questions or would like to be featured on our show, contact us at: The Elephant in the Room Property Podcast - questions@theelephantintheroom.com.au Looking for a Sydney Buyers Agent? https://www.gooddeeds.com.au Work with Veronica: https://www.veronicamorgan.com.au Looking for a Mortgage Broker? https://www.blusk.au Work with Chris: hello@blusk.com.au Enjoyed the podcast? Don't miss out on what's yet to come! Hit that subscription button, spread the word and join us for more insightful discussions in real estate. Your journey starts now! Subscribe on YouTube: https://www.youtube.com/@theelephantintheroom-podcast Subscribe on Apple Podcasts: https://podcasts.apple.com/ph/podcast/the-elephant-in-the-room-property-podcast/id1384822719 Subscribe on Spotify: https://open.spotify.com/show/3Ge1626dgnmK0RyKPcXjP0?si=26cde394fa854765 See omnystudio.com/listener for privacy information.

On April 4, CIS hosted and broadcasted an Oxford-style debate on the motion “The Voice to Parliament is needed to address Indigenous matters.” This year Australia will hold a referendum on whether to change the constitution and ensure that Aboriginal and Torres Strait Islanders' views are better represented in Parliament. Is the Voice about giving Indigenous Australians a right to express their views on policy through representatives elected by their communities? Or would the Voice provide cover for an activist government to legislate radical policy with no genuine democratic consent? On the affirmative side were Australia's first Indigenous Senior Counsel, Anthony McAvoy, and constitutional lawyer Shireen Morris. Against the proposition were Northern Territory Senator Jacinta Nampijinpa Price and head of CIS Indigenous Forum Nyunggai Warren Mundine. Referendum question: The question to be put to the Australian people at the 2023 referendum will be: “A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?” Senator Jacinta Nampijinpa Price is a Country Liberal Senator for The Northern Territory and former Deputy-Mayor of Alice Springs. Dr Shireen Morris is a constitutional lawyer and teaches constitutional law, constitutional reform and Indigenous constitutional recognition at Macquarie University. She is co-author of the book A Rightful Place: A Road Map to Recognition (Black Inc.). Nyunggai Warren Mundine is director of the Indigenous Forum at CIS. He is an author of several books including Warren Mundine in Black and White: Race, Politics and Changing Australia (Pantera Press) and editor of Beyond Belief – Rethinking the Voice to Parliament (Connor Court). Anthony McAvoy is Australia's first Indigenous Senior Counsel and between 2011 and 2013, Tony was an Acting Part-Time Commissioner of the NSW Land and Environment Court. He was also Acting Northern Territory Treaty Commissioner from the period of Dec 2021 to June 2022.

What will the seminar cover?This was the first CPD in a series of four co-hosted by Level Twenty Seven Chambers and Queensland Young Lawyers covering essential lawyer knowledge and skills. Both having practised as solicitors at international law firms prior to joining the bar, Michael Trim (Level Twenty Seven Chambers) and Tim Stork (Lucinda Chambers) shared practical tips on preparing for trials in the commercial and planning & environment courts.Who should watch?The session was targeted at those up to PQE 5 years but more experienced lawyers will find it a helpful a refresh. PRESENTERSMichael Trim (Barrister, Level Twenty Seven Chambers)Michael is a commercial law barrister. His blend of legal and strategic acumen stems from his experience as a solicitor, solicitor advocate and barrister on construction, infrastructure, insurance and property disputes for over twenty years. Prior to joining the Queensland Bar in 2009, Michael worked at top firms in Adelaide, Brisbane and London, including Clyde & Co and Clifford Chance in London. Michael represents national and international law firms, as well as major construction corporations, in all QLD's courts and often in international arbitrations. Tim Stork (Barrister, Lucinda Chambers)With over 17 years' experience in planning, environment, compulsory acquisition and energy law, first as Senior Associate at what is now a global firm and more recently as Senior Legal Counsel and Acting General Counsel at Energy Queensland, Tim now practices as a client-focused barrister adept in providing user friendly and strategic advice to reach commercial and practical solutions. Tim appears in QLD's Planning & Environment Court and Land Court for residential, retail and commercial developers, landowners, government agencies, and private clients.MATERIALSThe original video recording, PowerPoint and transcript are available here.Did you miss previous seminars? Check out the seminar archive on Level Twenty Seven Chambers' website for the video recordings and associated materials produced by the speakers.Want to join future seminars live, in person or online? Register your interest.Website: www.level27chambers.com.au

The Environment Court has rejected plans for a new West Coast coal mine, at Te Kuha. The proposed 150-hectare mine near Westport is home to numerous plants and animals at risk or threatened with extinction, such as roroa great spotted kiwi and the South Island fernbird. [picture id="4O3U0H8_image_crop_47066" crop="16x10" layout="full"] Forest and Bird has been fighting since 2017, when it challenged a resource-consent decision for the mine. Forest & Bird Chief Executive Nicola Toki spoke to Ingrid Hipkiss.

Warwick Powell is an Adjunct Professor in the School of Design at Queensland University of Technology, where he is an industry lead in a multi-disciplinary research program focused on the design and application of distributed ledger technology solutions to supply chain environments. He is also founding chair of Smart Trade Networks, a blockchain technology development and commercialisation company with partners in 5 regions globally. He has founded and exited a number of businesses over the past 25+ years, principally focused on applied statistics and data analytics, and design-driven communications. He has industry experience in cross border trade and investment, and sector experience in ICT, food systems, natural resources and energy and land use. He is a social impact expert, and advises property development projects on how to optimise beneficial social impacts. In this capacity, he has also been an expert witness for matters before the Planning & Environment Court of Queensland in Australia. --- Support this podcast: https://anchor.fm/tavamultimediagroup/support

Otago is a step closer to the largest contiguous cycle trail in the Southern Hemisphere - with the Kawarau Gorge Trail now getting the green light after objections in the Environment Court were settled. The 35km trail will link the highly acclaimed Dunstan Trail to Queenstown's network. Timothy Brown has more.

A group of Cantabrians are taking their local council to court after it allowed a development to go ahead on prime farmland. Selwyn District Council approved the 1700-house Lincoln subdivision in June, despite largely negative public feedback. Resident group Lincoln Voice has lodged an appeal in the Environment Court, saying the exceptional farmland should be protected, not built on. Niva Chittock reports. 

  Forest & Bird appealed resource consents granted to Stevenson Mining in 2017, for a new proposed opencast coal mine at Te Kuha on the West Coast of the South Island.   The Environment Court hearing begins in Christchurch on Monday 1 August and is expected to run for two weeks. Respondents to Forest & Bird's case are the West Coast Regional Council, the Buller District Council, and Stevenson Mining Limited.   Trishil spoke to Nicky Snoyink from Forest and Bird about the case, hoping to learn more about Te Kuha and their efforts to block the construction of a new mine and it's potential damage to the ecosystem.

A case to try and stop a mega-landfill development in north Auckland will be heard today in the Environment Court. The Dome Valley landfill has faced opposition from mana whenua and community groups who are concerned about the environmental and cultural impact of the dump. But last year, four of five independent commissioners agreed the development should continue. Fight The Tip group representative Michelle Carmichael spoke to Corin Dann.

Auckland's biggest supplier of sand for concrete is still fighting to mine a beach north of the city.Earlier this month, McCallum Brothers was declined resource consent by Auckland Council for offshore sand extraction at Pakiri Beach, due to concerns for the likes of marine and bird life.They have now lodged an appeal to the Environment Court, claiming the environment will be worse off, if they have to source sand from elsewhere.Managing Director Callum McCallum told Mike Hosking there are also very few sources of consented sand which is suitable for the work they do.He says any of the current sources either have too small a consent, in terms of volume, or they don't have the capacity.LISTEN ABOVESee omnystudio.com/listener for privacy information.

Auckland's biggest supplier of sand for concrete is still fighting to mine a beach north of the city.Earlier this month, McCallum Brothers was declined resource consent by Auckland Council for offshore sand extraction at Pakiri Beach, due to concerns for the likes of marine and bird life.They have now lodged an appeal to the Environment Court, claiming the environment will be worse off, if they have to source sand from elsewhere.Managing Director Callum McCallum told Mike Hosking there are also very few sources of consented sand which is suitable for the work they do.He says any of the current sources either have too small a consent, in terms of volume, or they don't have the capacity.LISTEN ABOVESee omnystudio.com/listener for privacy information.

Rotorua Lakes Council has finally taken action on the emergency housing situation there. They've gone to the Environment Court to get enforcement orders against nine emergency accommodation providers. There have been concerns from the community that bad behaviour by emergency housing tenants is ruining Rotorua's reputation and scaring tourists off. Tania Tapsell is a Rotorua Lakes councillor. She joined Heather du Plessis-Allan. LISTEN ABOVE 

The Environment Protection Authority is taking legal action against a Bingo company in the Land and Environment Court. See omnystudio.com/listener for privacy information.

The Environment Protection Authority is taking legal action against a Bingo company in the Land and Environment Court. See omnystudio.com/listener for privacy information.

Airbnb claims Christchurch could miss out on much-needed visitors because of new council requirements for resource consents for house sharingPeople who rent out unhosted visitor accommodation in residential areas will now need a resource consent.It will cost at least one thousand dollars, but won't expire.The decision can be appealed to the Environment Court.Hospitality NZ Canterbury branch president Peter Morrison joined Simon Barnett & James Daniels to discuss the issue.He said the Hospitality sector just wants a level playing field for all operators.LISTEN ABOVE

It's only taken three and a half years, but the Sleepyhead Estate development at Ohinewai has finally been given the green light. The Environment Court had been looking into a number of issues, but they've since said these have all been resolved and everything can now move forward.  Which is great news considering the development is expected to help the Waikato economy to the tune of $8.5 billion.  Director of the Comfort Group Craig Turner joined Mike Hosking. LISTEN ABOVESee omnystudio.com/listener for privacy information.

It's only taken three and a half years, but the Sleepyhead Estate development at Ohinewai has finally been given the green light. The Environment Court had been looking into a number of issues, but they've since said these have all been resolved and everything can now move forward.  Which is great news considering the development is expected to help the Waikato economy to the tune of $8.5 billion.  Director of the Comfort Group Craig Turner joined Mike Hosking. LISTEN ABOVESee omnystudio.com/listener for privacy information.

Episode #81 Part 3 - Professor Megan Davis Professor Megan Davis is a Cobble Cobble woman of the Barrungam nation in southwest Queensland. Megan is the Pro Vice-Chancellor Indigenous. As PVCI, she leads UNSW's Indigenous Strategy and is the Director of Nura Gili: Centre for Indigenous Programs.Megan is a Professor of Law and the Balnaves Chair of Constitutional Law. She is a renowned constitutional lawyer and public law expert, focusing on advocacy for Aboriginal and Torres Strait Islander peoples. Her work extends internationally, through roles at the United Nations, focusing on global Indigenous rights. In this capacity, she was elected by the UN Human Rights Council to the United Nations Expert Mechanism on the Rights of Indigenous Peoples based in Geneva in 2017 and again in 2019 (2019-2022). She is currently the Chair of the Expert Mechanism. Megan Davis is an Acting Commissioner of the NSW Land and Environment Court, a Fellow of the Australian Academy of Law, and a Fellow of the Australian Academy of Social Sciences. She is also a member of the NSW Sentencing Council and an Australian Rugby League Commissioner. In part 3 of our yarn, we wrap our yarn about constitutional reform and the Uluru Statement From The Heart.Acast description Recommendations throughout this episode: https://ulurustatement.org/the-statement/https://www.indigenous.unsw.edu.au/about/pro-vice-chancellor-indigenousWebsite: www.blackmagicwoman.com.auFollow us on Instagram - @blackmagicwomanpodcastThe Black Magic Woman Podcast is hosted by Mundanara Bayles and is an uplifting conversational style program featuring mainly Aboriginal guests and explores issues of importance to Aboriginal people and communities. Mundanara is guided by Aboriginal Terms of Reference and focuses more on who people are rather than on what they do.If you enjoyed this episode, please ‘Subscribe' on Apple Podcasts or ‘Follow' on your Spotify app and tell your friends and family about us! If you'd like to contact us, please email, info@blackmagicwoman.com.auSupport this show http://supporter.acast.com/black-magic-woman. See acast.com/privacy for privacy and opt-out information.

Episode #81 Part 2 - Professor Megan Davis Professor Megan Davis is a Cobble Cobble woman of the Barrungam nation in southwest Queensland. Megan is the Pro Vice-Chancellor Indigenous. As PVCI, she leads UNSW's Indigenous Strategy and is the Director of Nura Gili: Centre for Indigenous Programs.Megan is a Professor of Law and the Balnaves Chair of Constitutional Law. She is a renowned constitutional lawyer and public law expert, focusing on advocacy for Aboriginal and Torres Strait Islander peoples. Her work extends internationally, through roles at the United Nations, focusing on global Indigenous rights. In this capacity, she was elected by the UN Human Rights Council to the United Nations Expert Mechanism on the Rights of Indigenous Peoples based in Geneva in 2017 and again in 2019 (2019-2022). She is currently the Chair of the Expert Mechanism. Megan Davis is an Acting Commissioner of the NSW Land and Environment Court, a Fellow of the Australian Academy of Law, and a Fellow of the Australian Academy of Social Sciences. She is also a member of the NSW Sentencing Council and an Australian Rugby League Commissioner. In part 2 of our yarn, we dive deep into the Uluru Statement From The Heart and what you can do to get involved. Acast description Recommendations throughout this episode: https://ulurustatement.org/the-statement/https://www.indigenous.unsw.edu.au/about/pro-vice-chancellor-indigenousWebsite: www.blackmagicwoman.com.auFollow us on Instagram - @blackmagicwomanpodcastThe Black Magic Woman Podcast is hosted by Mundanara Bayles and is an uplifting conversational style program featuring mainly Aboriginal guests and explores issues of importance to Aboriginal people and communities. Mundanara is guided by Aboriginal Terms of Reference and focuses more on who people are rather than on what they do.If you enjoyed this episode, please ‘Subscribe' on Apple Podcasts or ‘Follow' on your Spotify app and tell your friends and family about us! If you'd like to contact us, please email, info@blackmagicwoman.com.auSupport this show http://supporter.acast.com/black-magic-woman. See acast.com/privacy for privacy and opt-out information.

Episode #81 - Professor Megan Davis Professor Megan Davis is a Cobble Cobble woman of the Barrungam nation in southwest Queensland. Megan is the Pro Vice-Chancellor Indigenous. As PVCI, she leads UNSW's Indigenous Strategy and is the Director of Nura Gili: Centre for Indigenous Programs.Megan is a Professor of Law and the Balnaves Chair of Constitutional Law. She is a renowned constitutional lawyer and public law expert, focusing on advocacy for Aboriginal and Torres Strait Islander peoples. Her work extends internationally, through roles at the United Nations, focusing on global Indigenous rights. In this capacity, she was elected by the UN Human Rights Council to the United Nations Expert Mechanism on the Rights of Indigenous Peoples based in Geneva in 2017 and again in 2019 (2019-2022). She is currently the Chair of the Expert Mechanism. Megan Davis is an Acting Commissioner of the NSW Land and Environment Court, a Fellow of the Australian Academy of Law, and a Fellow of the Australian Academy of Social Sciences. She is also a member of the NSW Sentencing Council and an Australian Rugby League Commissioner. We had such an amazing yarn! So good, that we have to split this episode into 3 parts!

Mangroves are home to New Zealand's most endangered bird, the fairy tern or tara iti, and now, its habitat has been given legal protection. The High Court has ruled mangroves are to fall under Freshwater Standards, like other natural wetlands. That ruling quashes an earlier Environment Court decision, which prompted an appeal by a number of parties including Forest and Bird and the Conservation Minister. Forest and Bird's Auckland and Waikato Conservation Manager, Lissy Fehnker-Heather, spoke to Corin Dann.

Mangroves are home to New Zealand's most endangered bird, the fairy tern or tara iti, and now, its habitat has been given legal protection. The High Court has ruled mangroves are to fall under Freshwater Standards, like other natural wetlands. That ruling quashes an earlier Environment Court decision, which prompted an appeal by a number of parties including Forest and Bird and the Conservation Minister. Forest and Bird's Auckland and Waikato Conservation Manager, Lissy Fehnker-Heather, spoke to Corin Dann.

The Environment Court has issued the builder of Transmission Gully with a $70,000 fine following a prosecution over four earthworks-related charges.It's the latest development in what is becoming an increasingly woeful environmental track record for the $1.25 billion road.But, Wellington Issues Reporter told Wellington Mornings host Nick Mills that pales in comparison to fines the builder will face if they miss the looming completion date. 

An environmentalist group says it will keep fighting despite losing a Supreme Court decision over a proposed Waiheke Island marina. The Kennedy Point Marina was granted resource consent in 2018 for a 186-berth marina and floating car park. Opponents efforts via the Environment Court, High Court and Court of Appeal have all failed to derail the project. Save Kennedy Point chief executive Sebastian Cassie spoke to RNZ reporter Adam Jacobson about the latest legal loss.

An environmentalist group says it will keep fighting despite losing a Supreme Court decision over a proposed Waiheke Island marina. The Kennedy Point Marina was granted resource consent in 2018 for a 186-berth marina and floating car park. Opponents efforts via the Environment Court, High Court and Court of Appeal have all failed to derail the project. Save Kennedy Point chief executive Sebastian Cassie spoke to RNZ reporter Adam Jacobson about the latest legal loss.

Today the Environment Court fined Silver Fern Farms more than $300-thousand for an ammonia leak at its plant in Hawera that was potentially lethal to its staff, emergency services and nearby residents. Yesterday the Environment Minister, David Parker, expressed his frustration with the Tiwai smelter stockpiling 100-thousand tonnes of hazardous waste beside a beach in Southland - the same day heavy fines were handed down for the spilling of 1.5 million cubic litres of human effluent into the Mangati Stream in New Plymouth. Karyn Hay asks Gary Taylor from the Environmental Defence Society if crimes against the environment are on the increase.

Silver Fern Farms has been fined more than $330,000 over an ammonia leak at its Hawera plant that was potentially lethal to its staff, emergency services personnel and nearby residents. The February 2020 leak is also being described as likely the worst single-point freshwater pollution event - in terms of fish killed - in New Zealand history. Our Taranaki Whanganui reporter Robin Martin was in the Environment Court at Hawera for the sentencing.

Hundreds of thousands of dollars in fines have been handed out at the Environment Court in New Plymouth over ecological blunders. The lapses include a 60-tonne fatberg that blocked a sewage pump station and sent faecal matter readings in the harbour to record levels. In another incident, a sewage spill into a Bell Block stream killed more than a thousand fish and eels, discolouring the ocean up to a kilometre out to sea. Taranaki Whanganui reporter Robin Martin was in court.

There are questions over whether the Acts which will replace the Resource Management Act will protect highly productive land.The Government's announced the RMA is being repealed - with a Natural and Built Environments Act, a Strategic Planning Act and a Climate Change Adaptation Act to take its place.Horticulture NZ chief executive Mike Chapman told Heather du Plessis-Allan this is a really good step forward, but their worry is with protecting the land needed to grow healthy food."We've got to be able to feed New Zealand, so it's all very well having a house, but you've also got to have food, and healthy food is really important for our health."He says only five percent of our land grows food, and it should be easy to avoid this land."Land is a real scarce resource. If we don't take a whole of country strategic approach, we;re just going to be a complete cot-case." Yesterday, it was reported urban sprawl looks set to eat up to 31,270ha of Auckland's most productive land over the next 35 years.A group of farmers and landowners had sought to overturn an Auckland Council decision rejecting their proposal to expand the Rural Urban Boundary and the Future Urban Zone across more than 83ha of land near Auckland Airport. But last month the Environment Court rejected the landowners' plans to rezone the land.Meanwhile, Greenpeace says the legislation that replaces the RMA must have hard and fast environmental bottom lines.Executive director Russel Norman says the history of the RMA was that it said you could trade off a bit of environmental destruction for a bit of economic development."It didn't have environmental bottom lines, and the result of that is the water contamination and all the other environmental problems we have right across New Zealand."

On episode 47 I yarn to Tony McAvoy. Tony is a Wirdi man from the central Queensland area around Clermont. He is also a native title holder in his grandmother’s country around Thargomindah in southwest Queensland. Tony graduated in law from QUT and was admitted as a solicitor in 1988. He was called to the Bar in NSW in 2000 and appointed as Senior Counsel in 2015. He was a Part Time Acting Commissioner on the NSW Land and Environment Court (2011-2013), was co-Senior Counsel assisting the Don Dale Royal Commission (2016-2017). In 2018 he was awarded the QUT Outstanding Alumnus Award. He chairs professional committees in NSW and nationally. He has represented many successful native title claimants and been an adviser and negotiator in relation to various domestic First Nations treaty processes. Together with Chris Ronalds SC he established the National Indigenous Legal Conference in 2006 which has been annual event held in various locations around Australia every year (except 2020). He is also a member of the Climate Ready Institute advisory council. See acast.com/privacy for privacy and opt-out information.

Hopes are now gone that thousands of tonnes of toxic waste may be removed from Mataura by Christmas. The Environment Court is trying to mediate a resolution between the Environmental Defence Society and the waste's producer, New Zealand Aluminium Smelters. But as Timothy Brown reports, the best case scenario now appears to be sometime in the new year.

After a four-year fight an energy sector watchdog has won a precedent-setting battle to have safety buffer zones around oil and gas installations included in the South Taranaki district plan. The Environment Court has decided that setbacks of 250 metres are required for well heads and 650 metres for production stations to minimise the risk of injury or death to members of the public in a fire or explosion. But farmers, for one, have been left scratching their heads wondering what the decision means for them. RNZ's Taranaki Whanganui reporter Robin Martin has more.

A Te Anau farmer accused of burning down 800 hectares of native forest in two years, has been told by the Environment Court to stop. Southland District Council says Peter Chartres caused irreversible damage to local flora and fauna when he cleared manuka on his property, despite multiple warnings it wasn't permitted. Chartres denies he's done anything wrong. Katie Todd reports.

Locals have thrown their support behind legal action launched against the producers of potentially-toxic waste stored at a disused papermill in Mataura. The Environmental Defence Society has filed Environment Court proceedings against New Zealand Aluminium Smelters over the 10,000 tonnes of so-called ouvea premix dumped in the small Southland town in 2014. RNZ's Otago-Southland reporter Timothy Brown has the details.

Bronwyn speaks to Kevin Moran from Save Our Springs about Te Waikoropupū Springs which are currently the subject of a Water Conservation Order being challenged in the Environment Court. Located close to Takaka in Golden Bay, these freshwater springs are the largest in New Zealand and contain some of the clearest water found in the world. The iconic blue-tinted waters are recognised as a wāhi tapu by the Māori Heritage Council and are of great cultural and spiritual significance to local iwi Ngāti Tama, Te Ātiawa and Ngāti Rarua. In 2017, Ngāti Tama and Andrew Yuill applied for a Water Conservation Order, however the special tribunal's recommendatory report was not published until the 17th of March this year. In response, ten parties have lodged further proceedings in the Environment Court, some believing the tribunal's report was too strict and others, not restrictive enough. Save Our Springs is among those appearing in court later this year, calling for improvements to the draft order.   

Local Lismore (Bundjalung)Aboriginal man Micky Ryan who started the North Lismore Plataeu Protection Group have been trying to stop the development of the 'Sleeping Lizard'for close to ten years. The Lismore Council even paid for infrastructure for the site which developers want to build up to 2000 houses on.

Will a revamped RMA provide the necessary checks and balances needed for a post covid economic recovery that doesn't harm the environment ? Newly announced changes to the Resource Management Act would do away with council and public input, and instead see projects approved by expert panels, chaired by a current or retired Environment Court judge or senior lawyer. The new legislation is expected to be passed in June, but repealed in two years. Gary Taylor, is chief executive of the Environmental Defence Society.

People will still be able to appeal against infrastructure projects but they'll have less time to do so.The Government's making changes to the Resource Management Act to speed up the consent process.The changes, which are likely to be passed in June, means roading, walking, cycling, rail, and housing projects can be approved faster.A panel - headed by an Environment Court judge - will approve consents for housing, transport and environmental projects, instead of councils.Environment Minister David Parker says it will hear submissions from business, infrastructure and environmental groups."The processes that include public participation and appeal rights to the Environment Court are being truncated."Parker says getting people back to work is the main reason resource consents are being sped up."The environmental protections and obligations to comply with regional plans will still apply. It is just that the consent process where people need a consent will run faster."

People will still be able to appeal against infrastructure projects but they'll have less time to do so.The Government's making changes to the Resource Management Act to speed up the consent process.The changes, which are likely to be passed in June, means roading, walking, cycling, rail, and housing projects can be approved faster.A panel - headed by an Environment Court judge - will approve consents for housing, transport and environmental projects, instead of councils.Environment Minister David Parker says it will hear submissions from business, infrastructure and environmental groups."The processes that include public participation and appeal rights to the Environment Court are being truncated."Parker says getting people back to work is the main reason resource consents are being sped up."The environmental protections and obligations to comply with regional plans will still apply. It is just that the consent process where people need a consent will run faster."

If you are starting to think that the grip of the coal and gas industry on Australian land and politics is impossible to break -take hope. New coal mines are being knocked back by the courts for their climate impacts. In February  2019   the New South Wales Land and Environment Court made  a landmark judgement  to reject a new open-cut coal mine near Gloucester in the Hunter Valley,  NSW.  For the first time one of the key reasons given was the global heating impacts of the co2 released when the coal is burned. Six months later the legal precedent was repeated when it was determined that   South Korean company's Kepco's plan for a coal mine in Bylong Valley cannot go ahead.   For the second time the court case considered the global heating impacts of burning coal.  Coal investors and political backers like Senator Matt Canavan, NSW Minister Rob Stokes and the Minerals Policy Council are in a spin. They are now trying to change the law to make sure no such decision is ever made again. Earth Matters joins farmers from the Bylong Valley  outside the  Korean Embassy in Canberra wanting  Kepco to sell the land in the Bylong Valley back to farmers . James gives a mini update on the mines underneath Sydney and Central Coast water supplies,  the massive proposed Shenhua mine and gas extraction in NSW.Links:Petitions:Protect Our Laws from the Coal LobbyOrganisations:Lock the GateThe Australia Institute. The Australian Student Environment NetworkClimate Action Network AustaliaList of Climate Action Network Australia member groups List of Australian Climate Action Groups (incomplete)List of Sydney  Climate Action Groups News Stories:New coal projects in Sydney's catchment on hold after panel's reports , Sydney Morning Herald. 9/11/19The Berejiklian government will pause new approvals for mining under Sydney's catchment until well into 2020 as it considers an advisory panel's report that environment groups say was too lenient as water supplies dwindle. Show  #1219  was produced by Bec Horridge

Lawyer/Environmentalist and journalist Michelle Michels BMedia LLB / M. Science Environmental Science, speaks to Dr Chris McGrath, LLB (Hons), BSc, LLM, PhD, a barrister in Queensland practising in environmental law and an Adjunct Associate Professor at the University of Queensland’s Global Change Institute about the recent landmark  Rocky Hill Mine case. His work has included as a lead advocate for the Environmental Defenders Office of Queensland for major environment cases and private work as a Barrister. he is currently working on a case against the 'New Hope' mine on the Darling Downs of Qld. Rocky Hill Mine resources from Dr. Dr. McGraths website and resources for the Rocky Hill mine case

This week Kulja and Dylan speak with the executive director of Per Capita, Emma Dawson, about franking credits.Then the CEO of the Environmental Defenders Office, David Morris, comes on the show to talk about the Environment Court rejecting the proposed Rocky Hill coal mine.Finally, Lecturer at the School of Life and Environmental Sciences at Deakin University, Trevor Thornton, comes on the show to talk about the state of recycling in Victoria and Australia.

 Beyond Zero Community     11-2-19TREESThe big project of restoring and rehydrating our farm lands needs strong minds but  as Historian Bruce Pascoe says " Caring for the earth makes us strong"He tells us about restoring glades in our forests so they cannot burn so wildly.Negative EmissionsProfessor Justin Borevitz wants to see  a lot more trees and a lot less landclearing. He sees one gigatonne of carbon as the drawdown potential of our wide brown land. The early adopters of regenerative farming are showing the way. Some are adding basalt rock dust to the soil to enhance its carbon sequestration capacity. Could miners transitioning our of coal help restore the climate with basalt?Are trees the new coal?Peg Putt spoke to us from Tasmania. where bush fires are damaging forest in place where fire has not been seen for thousands of years. She spoke to the UN at Katowice about preserving world forests from the new form of woodchips. It is called Bio energy but it is a lie to say it has zero impact on the climate when burned. Peg's revelations will shock you and this is a battle we need to take to the politicians.Breaking News"Judge rejects Coal Mine because of the climate impact of its product."That should be on every front page as it sets a global precedent. David Shoebridge tells us about the Rocky Hill decision. How Justice Brian Preston, a leading thinker on the Land and Environment Court of NSW, made history.A big shout out to those who gave evidence and persuaded him that it's about time. They have all been on this show and persevered even when eveything looked grim. The NSW EDO, Groundswell Gloucester, Tim Buckley from IEEFA and Professor Will Steffen.GuestsJustin Borevitz- Professor of Vulnerability and Adaptation to Climate Change in the School of Biology ANUPeg Putt - Co Ordinator of the working group on forest, climate and Biomass and COP24 in Katowice PolandBruce Pascoe - Author of Dark Emu and expert on Aboriginal Agriculture and GovernanceDavid Shoebridge- NSW Parliamentarian and Greens Spokesperson on PlanningScientists Warning Vimeo:David Beerling about Rock Dust drawing down carbon into soils. Team Adelle Mills on panelVivien Langford - InterviewsRoger Vize PodcastAnd thank you for research and Technical Help  to Gerard Wedderburn Bisshop, Gerard Mc Evilly, Paul Mahoney, Michaella Stubbs and Andy Britt.You can help our work by subscribing to Radio 3CR( $75.00 for an annual subscription) or by getting this show regularly sent to your podcatcher (free)Contact us at Radioteam@BZE.org.au

Environment Canterbury insists it isn't going easy on the developer of a mega dairy farm in the Mackenzie Country.The regional council is allowing a portion of the land at Simon's Pass near Twizel to be irrigated - despite the farm not yet meeting all of its conditions under its consent.The move has infuriated Greenpeace which has accused ECAN of bending the rules so that dairy corporates can make money at the cost of fragile landscapes.But ECAN Chairman Steve Lowndes told Chris Lynch the council is satisfied the farm has done enough for now - meeting all but one of 99 onerous conditions set down by the Environment Court two years agoIt says the outstanding condition - which relates to a survey to protect the Dryland Recovery Area - should be met by the end of summer.

Eden Park has been forced to withdraw from holding the "Million Babies" LifePod Appeal concert.The Eden Park Trust announced this afternoon that due to time constraints and the prospect of substantial Environment Court costs, it has been forced to cancel the concert, planned for Waitangi Day.At the start of the week, the Trust's lawyers advised that the process to obtain a consent for the concert was likely to stretch beyond October and cost in excess of $750,000, not including The Trust's legal costs.Trustees then had a meeting and concluded that it is not viable for the stadium to continue with its application due to the likely costs and timeframe for court proceedings.The Trust hoped it could work with the minority who objected to reach an agreement for this one-off worthy event. This would have avoided the Environment Court process but unfortunately, that was not to be the case.Chief Executive Nick Sautner said, "Although we respect the process in place, to bring events like concerts to our stadium we also have to work in with promoters' lead times which include confirming the venue as well as securing ticket on-sale dates.""Unfortunately this time it was unworkable but we now look to the future to ensure this half a billion dollar asset can host unique and memorable events for the city."Plans for the Live Aid-style concert were announced by Sir Ray Avery, a former New Zealander of the Year, in the hopes of raising money in an effort to help save babies around the world.Avery wants to build enough LifePod incubators to save a million babies and the concert was the first step in raising the $4 million needed to make 2000 pods.Hundreds of people made submissions on whether the concert should be allowed to go ahead, with some local residents posting strong criticism, most notably former Prime Minister Helen Clark.The trust's application for the Million Babies event, lodged on June 6, said noise levels during the concert, between 7pm and 10.30pm on Waitangi Day, could exceed 75 decibels for about 30 houses west of Sandringham Rd and 80 decibels for another small group of houses near the northwest corner of the park.Consultation with the community included making its environmental planners, traffic, acoustic and lighting specialists available to address any concerns as well as bringing locals together through stadium tours, a 'Friday Family Fish 'n' Chips' evening and other events to inspire open conversation and share the recent independent research.LISTEN ABOVE AS ANDREW DICKENS SHARES HIS THOUGHTS ON THE EDEN PARK CHARITY CONCERT BEING CANCELLED

Residents living near a Christchurch quarry are off to the Environment Court to stop it moving closer to their homes. The Regional Council granted Road Metals consent to enlarge at a hearing last week.A submission, from an independent air quality controller, maintains there would be little impact from dust from the quarry.But local Annell McDonagh says, while the dust isn't visible,  monitors on her property show levels of PM10,  which can contribute to heart and lung disease, often exceed recommended amounts. "When it's really high, I can walk around that monitor and not see any dust at all because this stuff is invisible. It gets into our houses, especially at the moment when using heat pumps, it gets in there."

The Federal Senate is due to vote on major changes to the Murray-Darling Basin Plan– if it passes, it will effectively end further water recovery for the environment in the river system. The Basin States claim we can stop water recovery now, because they have 36 engineering projects throughout the Basin which can achieve similar outcomes. But critics hotly dispute that. In part two of our investigation into the Murray-Darling Basin Plan, reporter Sarah Dingle reveals the politicking going on behind the scenes for Australia's most expensive environmental program. Note: Professor John Sheehan is now a former Commission of the Land and Environment Court, not Acting. Update: A Royal Commission into the Murray Darling Basin Plan has concluded with a scathing report accusing the Commonwealth government authorities of maladministration, negligence, and unlawful actions. You can read it here: https://www.mdbrc.sa.gov.au/sites/default/files/murray-darling-basin-royal-commission-report.pdf?v=1548898371 Media Award: Background Briefing's two-part investigation into the declining health of Australia's largest river system won the UN Day Media award for Promotion of Responsible Consumption and Production. See all the winners here: https://unaavictoria.org.au/media-awards/winners-finalists/current-winners-and-finalists/ Earlier: This story is subject to an editorial complaint. Please refer to this statement: https://about.abc.net.au/complaints/background-briefing-29-april-6-may-2018-abc-news-facebook-26-april-2018/.  Editor's note: An investigation by the ABC's independent complaints handling body has concluded that undue weight was given to the research paper by Grafton & Williams cited in the program and included two factual errors. References to the SDL Adjustment Mechanism, which was the subject of a Senate vote, and the statement “The Federal Senate is due to vote on major changes to the Murray-Darling Basin Plan – if it passes, it will effectively end further water recovery for the environment in the river system”, should have included reference to the potential recovery of 450 GL through additional efficiency measures. While the likelihood of the recovery of the 450GL is disputed, this was required material context. Further, it was misleading to suggest that the creation of licences given to the Commonwealth Environmental Water Holder as a direct result of the infrastructure subsidies are equivalent to “printing notes” and are not underpinned by real water, without pointing out that the scheme involves transferring existing water entitlements and no new entitlement is created. A summary of the finding is available here.

Judy Fakes, first arborist appointed as full-time judicial officer in Australia, discusses the model in New South Wales for resolving disputes involving trees. This model focuses specifically on solving disputes about trees and property between neighbors and acts as a reference for future legislations in other territories. This presentation was given at the ISA 2011 Annual Conference in Australia.