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Release of the 5-year Review of the Biodiversity Assessment Method
The Minister for Environment has released the Biodiversity Assessment Method 5-year review report (Report). The Biodiversity Conservation Act 2016 (BC Act) requires a review as soon as possible, 5 years after the Biodiversity Assessment Method (BAM) was first established. The…
REMINDER: Footpath hazards – when is a Council protected from Liability under the Civil Liability Act?
In a recent decision, the District Court found that a Council was not liable to a plaintiff who had tripped on a raised paver in a park in Redfern. This case is a useful reminder of the various protections councils…
A guide on powers of entry: residential premises
Authorised Council officers are given broad powers to enter and search premises under a range of legislation, including the Environmental Planning and Assessment Act 1979 (EPA Act), the Local Government Act 1993 (LG Act) and the Protection of the Environment…
ALERT: New Practice Notes for Class 3 Proceedings
The Chief Judge of the Land and Environment Court has published two new Practice Notes (PNs) for Class 3 proceedings in the Land and Environment Court. The two new PNs will commence on 2 April 2024. The notes each relate…
Update on a consent authorities’ power to suspend the operation of an easement
The question of whether a consent authority has power to suspend the operation of an easement for the purpose of enabling development to be carried out in accordance with a development consent has again been the subject of consideration in…
“Single Proposed Development” and Likely Impacts in the Context of State Significant Development
It is not unusual for proponents of major development and infrastructure projects to have to grapple with the question of whether an ancillary, albeit necessary, piece of infrastructure for the project, such as a road, electricity transmission line, or a…
ICAC’s guide on how to manage conflict of duties
The Independent Commission Against Corruption (ICAC) has issued a guide to assist public officials and agencies in identifying and managing conflicts of duties. The guide relates to conflicts of duties, not conflicts between a public duty and a personal or…
ALERT: Housing SEPP transitional provisions corrected to apply ADG to former SEPP65 pending DAs
The Government has amended State Environmental Planning Policy (Housing) 2021 (Housing SEPP) to correct an oversight which had meant that neither Chapter 4 of the Housing SEPP nor the former SEPP 65 applied to relevant residential apartment DAs made prior…
ALERT – NSW Parliamentary Inquiry into the ability of local government to fund infrastructure and services
The NSW Legislative Council’s Standing Committee on State Development recently announced an inquiry into the ability of local government to fund infrastructure and services. When announcing the inquiry, the Chair of the Committee, Emily Suvaal MLC, noted that: ‘Councils are…
Fair Work Commission decision raises doubt about legal status of local councils in NSW
Section 220 of the Local Government Act 1993 (NSW) declares that a council is ‘is a body politic of the State’ and ‘is not a body corporate (including a corporation)‘. Amongst other things, this declaration is considered to largely shield…
UPDATE – New planning circular addressing flood risk in planning decisions
On 1 March 2024, the Department of Planning, Housing and Infrastructure (Department) published Planning Circular PS 24-001 (Circular). The Circular provides an outline on the existing flood-related planning policies and provides further advice and information on flood matters for planning…
ALERT – Bill Increasing Penalties for POEO Act Offences & Giving Additional Powers to EPA Passed by Parliament
On 21 March 2024, the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 (Bill) was passed by NSW Parliament without amendment. The Bill is now awaiting assent and will commence on a date to be proclaimed. The Minister for…
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