Local councils who are Crown land managers can now grant more types of leases and licences over Crown land that they manage pending the adoption of a plan of management (‘POM’) for that land under the Local Government Act 1993 (‘LG Act‘). Continue reading
Councils’ use of EPA Act Investigative Powers clarified by the Court of Criminal Appeal
In a significant judgment, the Court of Criminal Appeal (Court) has clarified the use of local councils’ investigative powers under s9.22 of the Environmental Planning and Assessment Act 1979 (Act). The Court ruled on when notices to answer questions and produce records will have been validly issued ‘for an investigative purpose‘.
The Court’s judgment set aside a previous decision by the Land and Environment Court that had broad implications for the ability of local councils to obtain information during investigations that could later be used in criminal prosecutions.
Shrub Removal Saves a Consent from Lapsing
It has long been the case that reasonably minimal preparatory works are sufficient to prevent a development consent from lapsing. A recent case has held that a consent was prevented from lapsing as the result of removal of shrubs, thus making it even easier for landowners and developers to protect their development rights.
Posted in planning | development
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Joint procurement of waste management services by councils
The Australian Competition and Consumer Commission (ACCC) recently issued determinations under the Competition and Consumer Act 2010 (Cth) (the CC Act) authorising certain councils to jointly procure waste management services.
Posted in local government | administrative law
Tagged competition, waste management
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The Changing Face of the GIPA Act and the Power to Refuse to Deal
The power in s 60 of the Government Information (Public Access) Act 2009 (GIPA Act) to refuse to deal with an access application is a power often under-utilised by public sector agencies. In this blog, we consider whether recent amendments to the GIPA Act inhibit the broader use of the power.
Posted in local government | administrative law
Tagged Freedom of Information, gipa act
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Land Rating – When is land used ‘for’ residential accommodation?
A recent decision of the NSW Court of Appeal deals with whether land being developed for the purpose of residential apartments can be categorised as ‘residential’ for rating purposes under s516 of the Local Government Act 1993 (LG Act).
Posted in planning | development, property | commercial
Tagged land & environment court, lg act, nsw court of appeal
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There goes the (amenity of the) neighbourhood….
Consent authorities regularly impose a condition on development consents to the effect that the development approved must be conducted in a manner so as not to interfere with the amenity of the neighbourhood. The Court recently provided guidance on the obligation imposed by the terms of such a condition and the analysis that should be undertaken to ascertain whether the condition has been breached.
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The Meaning of ‘Land’
Two recent Land and Environment Court decisions have considered what constituted the land on which a heritage item is situated, and what constituted the land on which an extractive industry was being carried out. The cases remind us that the Court will not consider land by reference to one Torrens title lot, but will have regard to the scope and purpose of statutory provisions.
Posted in planning | development
Tagged Heritage Act 1977, meaning of land, mining sepp 2007
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UPDATE – New Model Code of Conduct and Procedures & Model Code of Meeting Practice Prescribed
On 14 December 2018 the Model Code of Meeting Practice for Local Councils, 2018 Model Code of Conduct and 2018 Procedures for the Administration of the Model Code of Conduct were prescribed. Council’s previous codes are saved until 14 June 2019. After then, they will be of no effect to the extent they are inconsistent with the model codes.
Posted in local government | administrative law
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