This seminar provides practical guidance for environmental professionals on writing and interpreting conditions of approval.
It is aimed at both:
- local and State government staff in Queensland who must write and enforce conditions; and
- environmental professionals in the private sector who must interpret what they mean.
Because the seminar is aimed at Queensland professionals, it focuses on conditions imposed under the Planning Act 2016 (Qld) (for the development sector) and the Environmental Protection Act 1994 (Qld) (EPA) (for the mining sector).
Some reference is also made to conditions at a federal level under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) as it is relevant to all sectors.
The following slides, handout and paper were used in the seminar:
The following documents are available for the two case studies discussed in the seminar:
- Judgment of the Planning and Environment Court in Sincere International Group Pty Ltd v Council of the City of Gold Coast [2018] QPEC 53 (Williamson QC DCJ)
- Conditions of approval attached to the judgment of the P&E Court in Sincere International Group Pty Ltd v Council of the City of Gold Coast [2018] QPEC 53
- Conditions of approval for Stage 2 of the New Acland Coal Mine
- A case study of litigation regarding the New Acland Coal Mine
The seminar was presented on 28 August 2019 as part of the professional development program of the Environment Institute of Australia and New Zealand (EIANZ).
TEST YOUR KNOWLEDGE
You can test your knowledge of condition-making powers in Queensland with 10 questions in a basic-level quiz:
