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Discussion Paper on the Local Government Tendering Regulation Review
Earlier this month, the Office of Local Government published a discussion paper titled ‘Local Government Tendering Regulation Review‘ (‘Discussion Paper‘) concerning the tendering provisions in Part 7 of the Local Government (General) Regulation 2021 (‘Regulation‘). The Discussion Paper proposes amendments to…
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ALERT: Consultation deadline approaching for the EPA’s updated Noise Guide for Local Government
The NSW Environment Protection Authority (EPA) recently released for public consultation an updated Noise Guide for Local Government in draft form (Updated Guide). The Updated Guide is intended to replace the current Noise Guide for Local Government (Current Guide), which has…
Defamation law reforms: What’s changed for public officials?
The Defamation Amendment Act 2020 (Amending Act) commenced operation on 1 July 2021. It represents the first stage of proposed reforms to defamation law. The Amending Act significantly reformed the Defamation Act 2005 (Defamation Act). But how are these changes relevant to…
EPA ordered to develop policies and guidelines to protect environment from climate change
In a significant recent decision, the Land and Environment Court has ordered the NSW Environment Protection Authority (‘EPA‘) to develop environmental quality objectives, guidelines and policies to ensure the protection of the environment from climate change. The case was brought by…
Proposed reforms to the Environmental Planning and Assessment Regulation 2000: Further Observations
In an earlier post, we alerted readers that on 5 August 2021 the Department of Planning, Industry and Environment (DPIE) released for public consultation the draft Environmental Planning and Assessment Regulation 2021 (Draft EPA Reg). The Draft EPA Reg is…
Online Safety Act 2021: Overview and ramifications for public officials
On 23 July 2021, the Online Safety Act 2021 (Cth) (‘OS Act‘) received Royal Assent from the Governor-General. The OS Act will commence a day to be fixed by Proclamation or the day after the end of the period of 6…
The modification powers in s4.55 and s.4.56 of the EPA Act have been misunderstood
We previously wrote about the decision of the Land and Environment Court in Buyozo Pty Limited v Ku-ring-gai Council [2021] NSWLEC 2 here. Pepper J held that the corridors in a self storage development were not ‘gross floor area‘ (GFA)…
IPART Review of Rate Peg – Population Growth
The Independent Pricing and Regulatory Tribunal (IPART) is reviewing the rate pegging system to include population growth. The ‘rate peg’, under s506 of the Local Government Act 1993 , is the maximum percentage by which a council may increase its…
Submission Deadline Approaching for the New Housing SEPP
A draft State Environmental Planning Policy (Housing) 2021 (Housing SEPP), together with a draft Environmental Planning and Assessment Amendment (Housing) Regulation 2021 (Proposed Regulation) and draft Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021 (Proposed Standard Instrument), has been released…
ALERT: Exhibition Draft of the Proposed Environmental Planning and Assessment Regulation 2021
On 5 August 2021, the Department of Planning, Industry and Environment (‘DPIE’) released for public consultation the draft Environmental Planning and Assessment Regulation 2021 (‘Draft EPA Regulation‘), which is intended to replace the Environmental Planning and Assessment Regulation 2000 (‘EPA Regulation 2000‘). The…
GIPA Act and Privileged Legal Advice
The NSW Civil and Administrative Tribunal recently discussed the risk of waiving privilege where the substance of legal advice is inadvertently disclosed. The proceedings arose out of an application for information under the Government Information (Public Access) Act 2009 (GIPA Act). The…
Subdivisions and Development Standards
In the recent case of Elimatta Pty Ltd v Read and Anor [2021] NSWLEC 75, Robson J of the Land & Environment Court found that the criteria to be met in a clause of the Yass Valley Local Environmental Plan…