A Commissioner of the Land and Environment Court has confirmed that if a local council, as roads authority, is prevented from granting a consent under s138(1) of the Roads Act 1993 (Roads Act) because of a refusal by the RMS…

The deadline for the preparation of community participation plans (CPPs) is fast approaching. NSW planning authorities, including councils and State government agencies with key planning approval functions, are required to have prepared their first CPP before 1 December 2019.  Council’s…

On 2 October 2019, the Office of Local Government (‘OLG‘) issued Circular No 19-25 (‘Circular‘)  following the recent Supreme Court decision in Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134 (‘Cornish‘). The OLG is considering the…

The Environmental Planning and Assessment Amendment (Building and Subdivision Certification) Regulation 2019 (Amendment Regulation) will make various amendments to the Environmental Planning and Assessment Regulation 2000 (EPA Regulation) regarding building and subdivision certification. These amendments are set out at Schedule…

Two recent Land and Environment Court cases have considered if Councils can, by condition of development consent, require the imposition of a covenant on land to ensure compliance with the aims of State Environmental Planning Policy (Affordable Rental Housing) 2009…

The New South Wales government recently exhibited the draft Short-Term Rental Accommodation (‘STRA’) regulatory framework. The framework is a response to the growing STRA industry, which is estimated to be worth more than $30bn nationally, and seeks to achieve consistency…

Regulatory authorities commonly issue statutory notices that require a person to furnish information or records. The Supreme Court recently considered such a notice, and provided useful guidance on the legal principles determinative of when a notice will be a valid…

The amended building and subdivision certification provisions contained in Part 6 of the Environmental Planning and Assessment Act 1979 (other than those for Building Information Certificates) were postponed under transitional arrangements. They were supposed to come into force on 1…

The NSW Court of Criminal Appeal (CCA) has overturned a controversial decision of the Land and Environment Court (LEC) concerning the waste laws in NSW.  The decision confirms that any processed building and demolition waste temporarily stored on land for…

On 14 August 2019, the High Court of Australia in Glencore International AG v Commissioner of Taxation [2019] HCA 26   unanimously dismissed an application for an injunction to restrain the use of documents subject to legal professional privilege. The application was made…

In White v Sutherland Shire Council [2019] NSWCATAD 100 (‘White‘), Senior Member Isenberg dismissed an application for administrative review because she could not identify any legislation relevant to the Applicant’s complaints that would confer jurisdiction on the NSW Civil and…

The NSW Civil and Administrative Tribunal has confirmed that it is not a breach of the Privacy and Personal Information Protection Act 1998 (‘PPIP Act‘) to disclose personal information to a local council to enable the council to carry out investigations…