The NSW Government has assented to the Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Act 2017 (NSW) (‘the Act’) on 13 October 2017. The Act will amend the Environmental Planning and Assessment Act 1979 (NSW) (‘the amended Act’) in order to make changes to the water quality test for extensions to developments.
The Act is a response to the Court of Appeal’s decision in 4nature Incorporated v Centennial Springvale Pty Ltd  NSWCA 191 to close the extensions to the Springvale coalmine, following a challenge by the activist group 4nature. In August 2017, the Court ruled that the Springvale coalmine’s expansion approval did not pass the test in the Environmental Planning and Assessment Act 1979 (NSW) which requires that new developments and extensions to existing developments have a neutral or beneficial effect on Sydney’s drinking water. Applying this test, the Court.
In response to the Court's decision, the Act amends the Environmental Planning and Assessment Act 1979 (NSW) in order to:
In his second reading speech, Don Harwin MP said:
Prior to assent, President of 4Nature, Andrew Cox:
The Energy Spokesman for the Greens, Jeremy Buckingham:
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Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Act 2017 (NSW), Bill and second reading speeches, as published on TimeBase LawOne.
Michael Slezak, ',' (The Guardian Australia) 10 October 2017.
Peter Hannam, Sean Nicholls, '(Sydney Morning Herald) 11 October 2017.
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