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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…
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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,…
UPDATE: Court of Appeal overturns LEC decision on ‘single proposed development’
In April 2024 we wrote about a decision in the Land and Environment Court concerning a challenge to a development consent for an open cut silver, lead and zinc mine, which was State significant development (SSD). The consent was challenged…
Penalty Notices Q & A #1
Introduction This is the first in a series of posts about penalty notices and fines. Most compliance officers have the power to issue penalty infringement notices (PINs) under a number of different pieces of legislation. As any compliance officer will…
ALERT: Bill to reform the biodiversity offsets scheme introduced to NSW Parliament
A Bill to reform the biodiversity offsets scheme (BOS) established by the Biodiversity Conservation Act 2016 (BC Act) was introduced to NSW Parliament today. The Bill is the NSW Government’s first step in delivering the NSW Plan for Nature, which acknowledged that…
LTL: Introducing Jennifer Coburn
It is with great pleasure that I introduce the newest member of LTL: Jennifer Coburn, who has joined us as Special Counsel. Well known to many of our state government readers, Jennifer was admitted to practice in 2001 and has…
Proposed changes to streamline development assessment in TOD Accelerated Precincts
The NSW Government recently identified 8 ‘Transport Oriented Development accelerated precincts’, being priority high growth areas for accelerated rezoning. Draft rezoning proposals are presently being publicly exhibited for 7 of the 8 precincts with rezoning expected to be finalised by…
REMINDER: Changes to Defamation Law Have Commenced
At the end of last year, we wrote about changes to NSW defamation laws that introduced new exemptions and defences for potentially defamatory content posted online. Our article discusses these changes in detail: Changes to Defamation Law: New Exemptions and…
ALERT – NSW Government announces significant amendments to biodiversity legislation to make NSW contribute to ‘nature positive’
The NSW Government has released its response to the statutory reviews of the Biodiversity Conservation Act 2016 (BC Act) and native vegetation provisions of the Local Land Services Act 2013 (LLS Act): the ‘NSW plan for nature’ (Response). Significant legislative…
Changes to strategic planning for bush fire – public exhibition of a Draft Bush Fire Prone Land Package
The Department of Planning, Housing and Infrastructure (DPHI) in partnership with the NSW Rural Fire Service (RFS), is publicly exhibiting a draft Bush Fire Prone Land Package (Draft Package). When finalised, the Draft Package would require consideration of new policy…