Emma Fleming, Senior Associate

Continuing the NSW Government’s agenda to reform the NSW planning system, the Minister for Planning and Infrastructure (Minister) has announced a comprehensive Review of NSW planning laws with the view to introduce new planning legislation and replace the Environmental Planning and Assessment Act 1979 (Act). This article sets out the process that the Review of the Act will follow and considers what outcomes can be expected.

The Review will be overseen by an independent Planning Review Panel, which will provide advice to the Minister and the NSW Government.

While the full composition of the Panel has not yet been announced, the Minister has released that the Panel will be jointly chaired by Tim Moore, Environment Minister during the Greiner Government and a Senior Commissioner of the Land and Environment Court, and Ron Dyer, a former Minister in the Carr Government.

The Review will proceed in three stages:

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Robert Wilcher, Partner

In a move that will raise concerns for the residential sales and leasing market, the Federal Government has issued a Discussion Paper on the Mandatory Disclosure of Residential Energy Efficiency Ratings for public comment.  If adopted, the legislation will create an additional cost consideration for property vendors, agents, lessors and managers, and potentially some benefits at the household level. 

Mandatory disclosure of energy ratings

Mandatory Disclosure of commercial office energy efficiency ratings is already law.  Next up is the residential sector.  The Federal Government’s Ministerial Council on Energy has released its Consultation Regulatory Impact Statement (RIS) on Mandatory Disclosure of Residential Energy Efficiency Ratings.

The RIS proposes that the energy rating of a residential dwelling be disclosed at the point of sale, and possibly lease. The questions are:

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