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REMINDER: Requirements of the Mandatory Data Breach Notification Scheme for Public Sector Agencies
The Mandatory Notification of Data Breach Scheme (MNDB Scheme) is a mandatory notification requirement under the Privacy and Personal Information Protection Act 1998 (PPIP Act) for NSW public sector agencies, including all NSW agencies and departments, statutory authorities, local councils,…
Availability of Judicial Review to Set Aside Construction Certificate Confirmed by Court of Appeal
Recent years have seen several developments in the law regarding the validity of instruments such as development consents, complying development certificates and construction certificates. We have blogged on many of these cases (see here and here for instance). The Court…
Certifier Series: Does a building information certificate enable a certifier to issue an occupation certificate?
This is the first blog in our LTL in Focus: Certifier Series. The Certifier Series will cover a range of questions, issues and changes affecting both private and local council certifiers. A key function of certifiers is to issue occupation…
An easement that prevents a landowner’s reasonable use of land is not an easement
Every easement is a form of interference with the ordinary use of the servient land. However, a right cannot be an easement if it is so extensive that the landowner of the servient tenement is effectively ‘ousted’ from the land…
NSW Government passes Bill creating new governance structure for ‘Rural and Remote Councils’
Last week the Local Government Amendment (Rural and Remote Councils) Bill 2024 (Bill) was passed by NSW Parliament. Once it commences, the Bill will insert a new Schedule 11 to the Local Government Act 1993 (LG Act) that will create a…
ALERT: Amendments to the Regional Development Act 2004
In September 2023, the NSW government announced in the 2023/2024 budget that it would commit an initial investment of $350 million over 4 years into the Regional Development Trust Fund. This is the first step in the Regional Development Roadmap…
Failure to give proper regard to the standard instrument flood clause 5.21 leads to invalidity of consent
Section 5.21 of the Standard Instrument LEP requires the consent authority to be satisfied as to certain specific matters relating to flood function, behaviour, safety, evacuation and impacts on the environment. In a recent case, the Land and Environment Court…
Internal Agency Investigations: Some Basic Legal Principles
Introduction This article discusses some principles relevant to internal investigations carried out by NSW Government agencies, or by local government authorities where the investigation is conducted outside the Model Code of Conduct framework. We won’t cover employment or industrial law…
Penalty Notices Q& A #2
Penalty notices Q&A #2 Welcome back to another discussion about penalty notices, this time focussing on some questions that deal with delegations and issuing multiple penalty notices, and some technical questions. How do I know if I have the power…
Council not bound by resolution accepting offer to purchase land
A recent decision of the Court of Appeal (Court) examined whether a council was bound by way of land sale contract when it had merely resolved to enter into the contract but not executed the documentation. The case provides a…
Update: Do special executive liability provisions extend to council officers?
The Court of Criminal Appeal has allowed an appeal against the Land and Environment Court’s decision in Environment Protection Authority v McMurray [2024] NSWLEC 6, finding that the special executive liability provisions in the Protection of the Environment Operations Act…
Half-width roads – What options are available to local councils?
A significant issue regarding the construction of precinct-planned roads in new development areas is the construction of half-width roads. Provision of new local roads In NSW, where a local council has identified particular local roads to service its wider area,…
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