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Reasonable searches in GIPA Act applications
A decision of the Appeal Panel of the NSW Civil and Administrative Tribunal (Tribunal), changed the way that the Tribunal considers applications for review under the Government Information (Public Access) Act 2009 (GIPA Act) where an agency finds that information…
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ALERT: Proposed reforms to clause 4.6
The Department of Planning, Industry and Environment (DPIE) has released a discussion paper on proposed amendments to clause 4.6 of the Standard Instrument – Principal Local Environment Plan (Standard Instrument LEP). Clause 4.6 of the Standard Instrument LEP sets out…
NSW Government Finalises Regulatory Framework for Short-term Rental Accommodation
UPDATE 14 April 2021 – Following its receipt of significant feedback from key stakeholders, including local Councils, regarding the timeline for the introduction of the new regulatory framework for short-term rental accommodation discussed in this post, the State government has…
Conflicting Proposals for Reforms to the EPBC Act: Is the end of Bilateral Agreements in sight?
Reforms are proposed to the federal Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). On 29 October 2019, the Minister for the Environment, the Hon. Sussan Ley MP, commissioned the second Independent Review of the EPBC Act. Professor Graeme…
Discussion Paper – Review of Crown Land Management Act 2016 – Issues for Local Government
Recently, we published an alert (see here) about an opportunity for public input into the independent statutory review of the Crown Land Management Act 2016 (NSW) (‘CLM Act‘), run by the Crown Land Commissioner, Professor Richard Bush (‘the Commissioner‘). The…
Overview: DPI’s Guide to Biosecurity for Environmental Planners
In recent years, biosecurity has been a salient topic among policymakers and practitioners. The global COVID-19 pandemic, as well as the accelerated biodiversity loss attributed to the arrival and spread of new species, have only served to highlight the importance…
ALERT: Independent Statutory Review of Crown Land Management Act 2016
The Crown Land Commissioner, Professor Richard Bush, is undertaking an independent statutory review of the Crown Land Management Act 2016 (CLM Act) and has published a discussion paper seeking the public’s input into the review. About the statutory review The Commissioner was…
Council Obligations under the Australian Foreign Relations Scheme
Local governments play an important role in Australia’s foreign relations. Indeed, the Australian Local Government Association noted in its submission to a recent Senate inquiry (‘Senate Inquiry‘) that there are at least 37 arrangements between councils and foreign entities, as…
Proposed Changes to Rating: New Environmental Land Category
In December 2020, the State Government released for public consultation, an Exposure Draft of the Local Government Amendment (Rates) Bill 2021 (Rates Amendment Bill), and a consultation guide entitled Towards a Fairer Rating System (Consultation Guide). The Rates Amendment Bill aims to…
ALERT: New Practice Note on Voluntary Planning Agreements in NSW
On 12 February 2021, the Planning Secretary issued a new Planning Agreements Practice Note (VPA Practice Note). On the same day, the Environmental Planning and Assessment Amendment (Development Contributions) Regulation 2021 (Amendment Regulation) made a number of amendments to the…
A New Pathway for the Procurement of Legal Services
The spending of public money and the awarding of public sector contracts are areas that are rightfully subject to substantial regulation and scrutiny. Ensuring the procurement process is both efficient and effective for both agencies and service providers is not…
Procurement management in Local Government – NSW Audit Office Report
Effective procurement procedures are important to ensure that local government procurement delivers the best value for money for the community and avoids or minimises the potential for fraud and conflicts of interest. The current regulatory environment is set out in…