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The NSW Government has released a draft Bill for public comment which seeks to amend the concept proposal pathway for projects under the Environmental Planning and Assessment Act 1979 (NSW) (the Act).
The New South Wales Government has recently passed legislation to significantly increase the penalties for breaches of planning and contamination laws.
The key increases to penalties and enforcement powers include:
The changes will mean that New South Wales has one of the toughest enforcement regimes in Australia for failure to report contamination and non-compliance with the planning system. Given the significant penalties, and increased enforcement powers, it would be prudent when conducting a legal due diligence to ensure that the target entity has complied with any reporting obligations under contamination laws and is operating its business in material compliance with planning laws.