PLANIT NEWSLETTER SUMMER 2017/18

 

Land Court of Queensland ADR Panel

Director Boyd Sargeant has been conditionally accepted for appointment to the Land Court of Queensland Alternative Dispute Resolution(ADR) Panel. This appointment is for 3 years

The most well-known ADR process is mediation, which is an attempt to settle a legal dispute through active participation of a third party (mediator), who works with all parties to develop options, consider alternatives, find points of agreement and facilitate those in conflict to agree on a fair result.

New South Wales Independent Hearing and Assessment Panel(IHAP)

Director Boyd Sargeant has been approved for appointment as the independent expert to an Independent Hearing and Assessment Panel (panel) under the relevant provisions of the Environmental Planning and Assessment Act 1979. The pool of experts established through this process have been approved by the Minister for Planning

IHAPs are to become mandatory for all councils in Sydney and for Wollongong City Council from the 1st March 2018. IHAPs are to be put in place so that the process of assessment and determination of development applications (DAs) of high value, corruption risk, sensitivity or strategic importance is transparent and accountable.

New Biodiversity and Native Vegetation Laws for New South Wales

News South Wales has new laws for the management of native vegetation and biodiversity. The Biodiversity Conservation Act 2016 and amendments to the Local Land Services Act 2013 commenced on the 25th August 2017. Transitional arrangements for application of the BC Act are due to expire in February 2018.

These new laws repeal and replace the previous protections and requirements under the NSW Threatened Species Conservation Act 1995, Native Vegetation Act 2003, Nature Conservation Trust Act 2001 and parts of the National Parks and Wildlife Act 1974.

The laws also overhaul biodiversity impact assessment and offsetting under the Environmental Planning and Assessment Act 1979.

The Biodiversity Conservation Act Regulation 2017 introduces the Biodiversity Assessment Method (BAM). The BAM has been established for assessing certain impacts on threatened species and threatened ecological communities(TEC’s) and their habitats and the impact on biodiversity values.

Importantly only ‘accredited assessors’ are able to undertake BAM assessments.

Contact Director Boyd Sargeant for any queries on this matter and how it may affect your development proposal, Part 5 application’s or land management.

Biodiversity Assessment Method – Planit Accredited

Director Boyd Sargeant and environmental planner Tomy Rados have both successfully completed the New South Wales Biodiversity Offset Scheme training and BAM training. Both are now accredited assessors for the new BAM process.