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Proposed reforms to the Education SEPP on exhibition
The NSW Department of Planning, Industry and Environment is currently exhibiting proposed reforms to the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 (Education SEPP). The proposed amendments are part of the NSW Government’s Planning Reform Action…
Easements over Public Land
Section 88K of the Conveyancing Act 1919 (‘s88K‘) enables the Supreme Court to grant an easement over land in circumstances where such an easement is reasonably necessary for the effective use or development of the land which is to have…
COVID-19 – Investigations via AVL
In response to the COVID-19 pandemic, a number of Acts were amended to enable authorised officers and investigation officers to take evidence and answers to questions by audio link or audio visual link. Those provisions were repealed on 13 November…
Challenge to validity of coastal wetlands mapping dismissed
State Environmental Planning Policy (Coastal Management) 2018 (NSW) (SEPP) imposes restrictions or requirements on development occurring in four ‘coastal management areas‘, namely: Coastal wetlands and littoral rainforests area Coastal vulnerability area Coastal environment area Coastal use area. Together, and under…
Eyes in the sky – (some of) the laws applying to use of drones in NSW
Drones are quickly becoming a favourite operational tool for government agencies, as they provide an affordable and effective means to carry out a range of functions such as surveillance, surveys of unauthorised development, and emergency and hazard management. However, the…
Liability as an Occupier of Public Land and Effective Warning Signs
The ownership and control of public land is varied. It may be owned and managed by a local council, or owned by the Council and managed by the private sector. Alternatively it may be owned by the State government and…
Council investigation notices: what to do with the information received?
A recent decision in Land and Environment Court confirms that a prosecutor can use information obtained under a compulsory investigative notice for the purposes of gathering further evidence in prosecution proceedings. In this case the Court rejected a argument that…
When is excluded information under the GIPA Act really excluded?
The Government Information (Public Access) Act 2009 is generally assumed to have been designed to open up government information to the public. Nevertheless, the Act identifies broad categories of ‘excluded information‘ of certain agencies which are subject to a conclusive presumption…
Managing Coastal Hazards – Time Limited Conditions of Consent
Time limited conditions of consent can be used to restrict the period within which a development consent operates, and may be used as a tool to allow for the occupation of coastal lands until they are compromised by coastal hazards….
What Constitutes a Leave of Absence from a Council Meeting?
There are significant consequences for councillors who are absent from council meetings, including the ‘vacation of civic office’ in the case of absence from 3 consecutive ordinary meetings of a council without the prior leave of the council. In Loder…
Are all Drainage Reserves Classified as Operational Land?
Drainage reserves vested in local councils are public land as defined in the Local Government Act 1993 (‘LG Act‘). All public land must be classified as either community or operational under the LG Act. The Registrar-General’s Guidelines under section 12D of the…
A reminder about the enforcement of Local Government Act Orders
We are often asked to advise clients on the issuing and enforcement of orders pursuant to s124 of the Local Government Act 1993 (LG Act). A recent decision serves as a reminder that if LG Act orders are not complied…