Conducting a successful investigation is a complex and difficult task, and investigators need to have a firm grasp on the best techniques to ensure that they gather strong and admissible evidence for future enforcement action. In this blog we look…

The NSW Civil and Administrative Tribunal has further elaborated on the responsibilities of local councils in dealing with applications for access to copyright material under the Government Information (Public Access) Act 2009. Hoggett v Campbelltown City Council [2019] NSWCATAD 258…

The State Government has announced the first comprehensive review of the Impounding Act 1993 (Act) since its commencement on 1 July 1993. The Act was introduced as companion legislation to the Local Government Act 1993 and aims to protect public health, safety and…

A recent decision of the Land and Environment Court highlights the considerations that arise when amending charges defective because of  duplicity. A duplicitous charge is one in which the charge, on its face, alleges more than one offence. The Charges…

On 26 November 2019, the Department of Planning, Industry and Environment (DPIE) issued a new planning circular that provides guidance on assessing coastal hazards under the State Environment Planning Policy (Coastal Management) 2018 (Coastal Management SEPP) , and notations to…

In the recent decision of Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (N0 2) [2019] NSWLEC 171 (‘Gindurra‘), the Land and Environment Court further considered challenges to the validity of complying development certificates (‘CDCs’) in light of s4.31…

The Environmental Planning and Assessment Amendment (Community Participation Plans) Regulation 2019 (Amendments) came into force on 29 November 2019. The Amendments largely provided clarification on the minimum public exhibition periods required for certain categories of applications as set out in…

In the recent case of Beaini Projects Pty Ltd v Cumberland Council [2019] NSWLEC 1547, the Land and Environment Court used its power under s 7.13(3) of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) to amend a condition…

The Land and Environment Court recently ruled that a voluntary interview between a Council officer and an individual was properly characterised as ‘required questioning’. As the individual’s answers were required, he should have been warned that he may object to…

I grew up in the Northern Rivers, just north of Lismore. Fire was not something we needed to think about: floods were the more common threat. ’54, ’74, ’89… the recital is well known to locals. However, to see over…

On Thursday 24 October 2019, the NSW State Government introduced the Environmental Planning and Assessment Amendment (Territorial Limits) Bill 2019 which will amend the Environmental Planning and Assessment Act 1979 (‘EPA Act‘). The bill, if passed, will insert a new…

The Native Title Legislation Amendment Bill 2019  (‘Bill‘) was reintroduced into Parliament on 17 October 2019. The Bill introduces a number of reforms to the native title system under the Native Title Act 1993 (Cth). A previous iteration of the Bill…