In the Zone - October 2026

Welcome to this edition of In the Zone, where we examine the latest legal, regulatory and policy developments shaping the environmental and planning law landscape. This quarter has seen a number of significant court decisions, including decisions on the characterisation of moveable dwellings and structures, the protection of sensitive environmental information through suppression orders, the precision required in contempt proceedings, and the scope of consent authorities' discretionary powers in modification applications.

We also consider a significant Federal Court decision, in which we successfully acted for a respondent to resist an application brought under the Cth Environment Protection and Biodiversity Conservation Act 1999 seeking to restrain the carrying out of development. The edition further explores important legislative and regulatory reforms, alongside key industry developments, from the commencement of the first National Environmental Standards to proposed governance reforms and ongoing discussions about the future of environmental assessment. Together, these developments provide valuable insight into the evolving challenges and opportunities facing practitioners, proponents, regulators and decision-makers across the sector.