On 9 March 2012 the NSW Court of Appeal delivered judgment in Bellingen Shire Council v Colavon Pty Limited [2012] NSWCA 34.
The case concerned the Council’s failure to install guideposts along a stretch of public road delineating the edge of road. The Council was the roads authority for the road within the meaning of the Roads Act 1993.
On 6 March 2012, the Minister for Planning & Infrastructure, together with the Minister for Resources and Energy, announced the release of a draft Code of Practice for Coal Seam Gas Exploration (‘the Draft Code’).
The Draft Code is part of the NSW Government’s Strategic Lands package. Under that package, Strategic Regional Land Use Plans will be released and ‘define land use priorities for different areas of land within the region. The plans will identify the best places
The Land and Environment Court in Rothwell Boys Pty Ltd v Coffs Harbour Council [2012] NSWLEC 19 has recently confirmed that once landowner’s consent is given to a development application, no further consent is required even if the development application is amended prior to determination. Continue reading
Walker Corporation Pty Ltd (Walker) was charged with clearing of native vegetation otherwise than in accordance with a development consent granted under the Native Vegetation Act 2003 (NV Act) or a property vegetation plan.
Preston CJ delivered a judgment in the Land and Environment Court in the matter on 30 November 2011: see Director – General of the Department of Environment, Climate Change and Water v Walker Corporation Pty Ltd (No 2) [2011] NSWLEC 229.
Of particular interest was whether Walker was liable for the clearing carried out by its contractor on grounds that it was the landholder that permitted the clearing to be carried out and/or on grounds of its vicarious liability for the acts of the contractor. Continue reading
The Land and Environment Court of NSW has recently handed down a decision in SOCARES Support Group Inc v Cessnock City Council [2012] NSWLEC 23 in which the Court considered the “extenuating circumstances” and “unavailability of competitive or reliable tenders” exceptions to the general requirement to tender for contracts under s55(1) of the Local Government Act 1993 (LGA). Continue reading
Councils should note that the State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) was amended on 17 February 2012 so that any person can carry out development for the purpose of a new educational establishment with consent in certain prescribed zones. Continue reading
Amendments to the Oaths Act 1900 by the Identification Legislation Amendment Act 2011 beginning on 30 April 2012, means that there will be additional requirements to confirm the identity of persons when taking and receiving statutory declarations and affidavits. Continue reading
On 22 December 2011, Judicial Member Molony delivered his decision in the case of Hurst v Wagga Wagga City Council [2011] NSWADT 307 concerning review of a decision of the Wagga Wagga City Council under the Government Information (Public Access) Act 2009 (GIPA Act).
The case provides some interesting practical observations about how the GIPA Act is to be applied to information generated as a result of code of conduct enquiries which a Council may ordinarily assume or attempt to keep confidential. Continue reading
In a pragmatic final report by the Federal Government’s Expert Panel on the Constitutional Recognition of Local Government published in December 2011 (Report), the panel recommends a minimalist change to the Constitution at a referendum in 2013 which would overcome a potential problem for Councils created by the High Court decision in Pape v The Commissioner of Taxation (2009) 238 CLR 1 (Pape). Continue reading
Introduction
In North Western Surveys Pty Limited v Penrith City Council [2012] NSWLEC 1017, Dixon C in the Land and Environment Court upheld an appeal by a developer against development consent conditions imposed by the Council that the Court held were contrived to avoid the Minister’s $30,000 cap on monetary s94 contributions. Continue reading
