Law Assignment Sydney 2022

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STUDENT NAME:
STUDENT ID:
TOPIC: LAW
DATE: 19-08-2019

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Introduction
The current Sydney Cricket Ground in Moore Park, Sydney needs to be re-developed. The
government has decided to focus and provide supportive actions to expand the sports stadium in
the state. This decision was made after the victory in state elections 2019. There are several
documents that are needed in order to re-develop the SCG Sydney Cricket Ground. Besides the
SCG, Allianz Stadium is located that is the Sydney football Stadium. The construction decision
was made by the Land and Environmental Court and local democracy. The SCG re-development
project is largely in hands of Infrastructure NSW. The re-development of the project needs to be
carried out with the similar process as re-development of Allianz Stadium. The capital
investment provided by NSW government is $700 million.
Phase one
The re-development of SCG has to be carried out as per the stages development in which there
are certain criteria that are included in the staged development. The first stage in the concept plan
development application includes the demolition of the stadium which needs a new design and
new equipments to be included. The current cricket stadium is old and thereby it does not meet
the requirement of security standards and safety for the people. There is no such spectator
experience that is provided in the cricket stadium. The weather protection, patrons and crowd
maintenance are the real issues that the SCG faces with the lack of chairs and infrastructure.
Thereby the demolition of the current cricket ground in Sydney is the first step. It is important to
rebuild the project within a specific period of time which needs several documents to be
presented such as environmental documents and climate change history provided in order to
rebuild the current cricket stadium. The concept proposal for the new stadium is to be mentioned
to consider a major influence in detailed design that needs to be presented. The second stage of
re-development is to include the detailed design that is necessary for the new stadium. The
construction details are provided with the overall environmental assessment.
Planning process
Re-development of SCG requires a planning process, infrastructure NSW considers a major
focus on overseeing the planning of the SCG. There are significant changes that the NSW will
consider in the re-development of SCG. This will be undertaken while focusing on

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Environmental planning and Assessment Act 1979. The location of the cricket stadium will be
owned by sport ground trust. For stage one it is important to focus on Environmental Impact
Statement for SSDA State Significant Development Application. In this way, the planning
process can be dealt with two stages while focusing on EIS.
In stage one, a plan is prepared to which the public exhibition needs to be sorted while focusing
on seeking approval while demotion process. There will be a stakeholder feedback process that is
required in the planning process. The permission for the demolition of the current stadium needs
to be taken
In stage two, the cover design is prepared with the operations to be undertaken and the
construction process that is required in detailed with public exhibition. As per the environmental
planning and assessment document, the main objectives of the Act are to promote the economic
welfare community, focus on social welfare and consider a better environmental support with the
development of the project under the state’s natural resources.1 The objective of the document is
to facilitate sustainable development of the ground and to ensure social considerations while
working on environmental planning and assessment. It is important to protect the environment
while considering the threat to the animals and species. Plants, animals and species should be
protected in this way. A good design that is eco-friendly is acceptable in the act that helps to
built a good environment in the state. Sharing the responsibility of sustainable development of
the country and working on environmental planning measures is the major concern of the NSW
government. An increased opportunity is provided by environmental planning and assessment to
consider the community participation approach.
The project will be categorized in this way as it will ensure to fulfill the requirements of re-
developing the SCG by infrastructure NSW. This is the best way to focus on the concept plan
development application and address new and detailed design plans while addressing
construction details and environmental assessment requirements. The concept plan is assessed
providing the details of environmental planning and assessment Act 1979 to be implemented in
1 NSW Climate Change Policy Framework, 2018
https://www.environment.nsw.gov.au/-/media/OEH/Corporate-Site/Documents/Climate-
change/nsw-climate-change-policy-framework-160618.pdf

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the project and gathering the information about the influence and application of the approved
plan. 2
A relevant council granting process is required in the subsequent stages to focus on council and
development of SCG. This will be the new consent authority that will be evaluated and referred
as per the consent of Infrastructure NSW. The application need to be provided and should
adhered environmental impact statement and construction details while providing the framework
and relevant authorities. With the help of submissions and proper channels of network, the public
bodies should focus on re-development of the SCG. The consent authority will provide the
relevant information regarding environmental planning documents, agreeing to the section 7.4.
The legislations are considered with the re-development of the authorities. An evaluation process
is made that best suits the project control strategy.3 There are several non-discretionary code and
standards that are included in environmental planning instruments. As such these are important
and necessary to be included in the instruments with the evaluation process and approval of
special environmental regulations. An environmental protection license is prepared with the
environment operations act with specified purposes and section 43. These are basic information
provided while including public notification that include environmental requirements with
relevant provisions as mentioned. The project will operated with the staged development process
while fulfilling the environmental planning and assessment act 1979.
Phase two
The concept plan was majorly approved in the phase 1. The public submissions and feedback is
to be provided in this phase with the design of the project. NSW government plans to consider
public submissions in this phase. The official documentation is majorly projected with the public
display image. It is important to provide an Environmental Impact Statement which is necessary
in documentation. The climate change adaptation is not considered in the re-development of
SCG. This is the major issue that has been categorized with EIS on public display. The climate
2 Farrier and Stein, 2006, Environmental Law Handbook, , 2nd ed.
3 Environmental Planning and Assessment Act, 2018, Planning panels, pp. 25-70.

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impact that is largely concerned by Sydney City Climate Action is the vulnerability of spectators
around the stadium that protects the heat waves. It is important to consider the urban heat island
effects that should be displayed in the public document. These are the important points to be
covered in the official documentation that is addressed in the public display.
Role of EIS Environmental Impact Statement
EIS is a public document that is provided to focus on a project and work on environmental
impacts while mitigating the measures and informing the consent decisions of the project. The
role of EIS is to set the business objectives that are of environmental protection and to be
presented to enable the understanding of project and its impact. EIS includes the project
development, setting the SEARs Secretary’s Environmental Assessment Requirements and
preparing public exhibition. EIS impacts the environmental, economic and social aspects as
considered in the re-development of the project. It provides a major information about the project
which largely is in favor of environment consent and ensures risk mitigation activities to be
taken at the time of development. There are remedies that need to be taken in terms of effects of
project results and the EIS.
Preparing the EIS is not an easy way as it needs several elements that need to be included in the
business. There is an impact in the environment and the community while following the EIS
document. There is a huge transformation that is observed in the locality while addressing the
EIS document which controls the environment and economic measures. An impact on the
ecosystem is largely considered while building several aesthetics that are helpful in the
organization. There is a special value that ensures future generations development which impacts
the habitat and considers air, land and aquatic species. EIS helps to create an awareness about the
proposed project that need to be re-developed or constructed. It is largely associated with the
environmental impact that the project would have in the near future.4 EIS is a document that
helps to provide a consent from senior officers or the large organizations to accept the project or
to revise the project considering the relevancy of the authority. On an informed perspective by
the authority, EIS is prepared with public interest as an opportunity to provide a relevancy in the
4 Evans JP, Ji F, Lee C, Smith P, Argüeso D and Fita L, 2014, Design of a regional
climate modelling projection ensemble experiment, pp. 621–629.

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project. EIS needs to be prepared with risk mitigation measures that will help to protect the
environment and consider a major gain with satisfactory response.
EIS plays an important role in identifying and assessing the environmental measures while
focusing on relevant effects of development proposals. There are several phases of EIA that are
prepared with EIS which is relatively the major element that is addressed effectively. Identifying
and considering stakeholder perspective and working on better quality scope and improving
better quality projects is the major frame of the business that is properly addressed and assessed
in the project. Senior officers make a decision if the project is approved in a certain condition is
the ultimate result of EIS and other documents that are presented in the public documentation.
For state significant projects, environmental planning and assessment act 1979 is largely focused
with the form of SEARs.
Sydney City Climate Action
The submission of Sydney City Climate Action addresses the major concern of design which
does not meet the standards of climate change adaptation. The project is prepared in a way
wherein there is no response of climate change that is mentioned in the document of EIS which
was documented on public display. This was the major drawback that EIS should have
addressed. Sydney city climate action has specific issues relating to climate change adaptation
which is an important concern of the organization to focus on climate change and address the
related changes as mentioned.5 The climate change that Sydney City is concerned is regarding
the two issues. Vulnerability of spectators in terms of heat waves and urban heat island effect.
These are life costing risks that need to be addressed in the project while mentioning these risks
and the mitigation in the EIS. The omissions of EIS that are made are particularly concerned
with the security and safety analysis. Spectators can have a vulnerable impact on heat waves as
the heat waves are harmful and it may lead to illness.
There is a particular policy that should handle the climate change which is really important for
SCG. The policy largely would ensure protecting steps that are made for species living in air,
5 Lyster, Lipman, Franklin, Wiffen and Pearson, 2007, Environmental & Planning Law in
New South Wales, The Federation Press.

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land or in sea. Any development project that is carried out will ensure the policy of protection of
environment and species. The hot temperatures that is observed in SCG will have a major effect
in day time and can effect people watching matches in the night. The heat waves that are
produced may lead to health consequences and dehydration. There are failures that are addressed
in terms of vulnerability heatwaves and exacerbate urban heat island effects. The stadium design
should focus on climate change adaptation while protecting people from the following issues as
mentioned. Climate change can exacerbate urban heat waves with the continuous rise in change
in the climate and urbanization.
The Environmental Impact Statement has considerably failed to mention these issues that are life
threatening and do not provide protection to human beings. The policy framework will help to
consider the issues as it reflects the design that protects the human beings from such loss. Risk
mitigation activities of climate change adaptation are not mentioned which is particularly very
important in the re-development of project.6 EIS was a failure in developing these issues and
mentioning in the document which is really important in the project. It is significant that the
project should mention the issues and the solutions to the problems that cannot be ignored.
Phase three
The third phase of the re-development of the project is to advice NSW on potential legal
proceedings. Even though the development of phase 2 has approved the situation, there are
several documents that are still not confirmed. The environmental impact statement did not
mentioned the climate change adaptation which is required in the public display. This is the most
important step that needs to be critically considered. There are potential legal proceedings need
to be focused in the project. An overview of relevant assessment process is important that is
addressed in environmental planning and assessment act need to be provided and the decision
regarding the development application is addressed. Infrastructure NSW did not include several
aspects that are mentioned in the climate change impact. The issues relating to heat wave and
exacerbate heat waves is the real problem in SCG. The Sydney Cricket Ground needs a major
6 New Environmental Planning and Assessment Act, 2018, Legislation update, Planning
Law Solutions, pp. 1-4.

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change in the design while addressing these issues which are relatively important as per the rules
and regulations. Thereby an application can be filed in terms of addressing the issues in EIS and
providing solutions for the issues.
The NSW land and environment court majorly provides a project approval while citing the
breach and providing EPAR 2000 provisions. With 4 and 5 proceedings that are considered in
Land and Environment Court, the issues can be resolved with the consent of NSW. The matter
can be resolved while addressing the proceedings and working on development measures that
depends on the merits and development consent of the project. An appeal to the concerned party
as LEC Land Environment Court need to be made which resolves the given issues and an
instance is to be provided that appeals to a greater aspect of aggrieved party consent. A council
decision tends to focus on the decision making authority to grant the development of the project.
There are several parties that are involved in the decision making system which reveals the
assessment of risks that are not mentioned in the EIS. The court may decide to not address the
project due to these risks that are not clarified and do not provide a satisfactory measure in
development application.
The consent can be valid if the issues are resolved and LEC largely considers to provide an
opportunity to mention the climate change adaptation in the EIS. Even though the display
documents did not mention the relevant risks, valid reasons can be provided and change in the
EIS can be made that will help to initiate different steps to be considered and the aggrieved party
steps that appeal the supreme court decisions for an instance.7 The refusal of the decision making
in consent to the redevelopment of SCG can be addressed. The decision maker is obligated
towards consequent refusal of the re-development of the project. The main reason of refusal is
the climate change adaptation which is the major concern of Sydney city climate action. As per
the law and regulations of Land and Environment Court Rules, the decision was made. The
initiated matter of challenge is addressed in response towards the court rules and the directed
public authority to furnish the EIS documents and explain the relevant subject matter of non-
approval of re-development project of SCG. As per the LEC’s review, the decisions made is in
7 Mirrlees, C., & Randell, S, 2018, NSW Land and Environment Court, Law and Justice
Foundation, 1-40.

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response to the judicial review case which was addressed in the planning assessment project.
There are several cases such as Wollar Progress Association Incorporation and Pridel
Investment. The directing compliances were addressed and the terms of disclosure of project was
on validity condition approach. A project developer in this case needs the conditional validity
approval in order to do the steps again and to work on several proceedings that appeal to the
supreme court. The LEC takes relevant decision of instance with the parties and the Act is
applied with its rules and regulations that adhere the condition of assessment of risk and the
mitigation measures provided in detail.
Land and Environment Court Rules
The costs that are mentioned in the land and environment court rules include the proceedings
cost that is in terms of court’s jurisdiction. The references and the appeals that are related to the
matter of land and environment are disposed as per the Crown Lands Act 1989.8 The appeal
towards section 37 which includes the valuation of Land Act 1916 needs to be considered. The
court will not give an order of payment if the payment is not reasonable and fair in the
circumstance of re-development of SCG. The making of costs should be thereby limited that
involve the proceedings and the central issue of mixed fact that is determination of several
questions including the potential proceedings and the evaluation of merits. The party should
consider the evaluation of merits that is related to the subject of proceedings with proper
instructions and application commencement. Land and Environment Court hears appeal of
Environmental Planning and Assessment Act 1979, Protection of Environment Act 1997 and
Local Government Act 1993. Penalty notice can be issued and court of hearing may be charged
due to reasons that are mentioned by Sydney City Climate Action. Merit appeals, civil
enforcement, etc are the costs of Land and Environment Court R
8 Land and Environment Court, 2016, Land and Environment court, Justice, 1-20.

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References
Farrier and Stein, Environmental Law Handbook, (Redfern Legal Centre Publishing, 2nd ed,
2006).
Evans JP, Ji F, Lee C, Smith P, Argüeso D and Fita L, 2014, Design of a regional climate
modelling projection ensemble experiment, 2014) 621–629.
Environmental Planning and Assessment Act, Planning panels, (2018) 25-70.
New Environmental Planning and Assessment Act, Legislation update, (Planning Law Solutions,
2018) 1-4.
NSW Climate Change Policy Framework, 2018
https://www.environment.nsw.gov.au/-/media/OEH/Corporate-Site/Documents/Climate-
change/nsw-climate-change-policy-framework-160618.pdf
Land and Environment Court, Land and Environment court, (Justice, 2016) 1-20.
Lyster, Lipman, Franklin, Wiffen and Pearson, Environmental & Planning Law in New South
Wales, (The Federation Press, 2007)
Mirrlees, C., & Randell, S, NSW Land and Environment Court, (Law and Justice Foundation,
2018) 1-40.

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