In early March 2020, Planning for Bushfire Protection 2019 (PBP 2019) was given legislative effect and replaced Planning for Bushfire Protection 2006 (PBP 2006). PBP 2019 is not a response to the recent bush fire events in NSW, but the…

On 24 March 2020, the NSW Parliament passed the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (‘Emergency Measures Act‘).  The Act commences on the date of assent.  According to the NSW Parliament’s website, assent occurred on 25 March 2020. The…

The NSW Land Registry Services (NSW LRS) has published information on changes to its operations to address disruptions arising from COVID-19. This information is being updated regularly and anyone who proposes to lodge dealings, plans or other instruments should check…

Council delegations are an important governance tool at any time. During the current Novel Coronavirus (COVID-19) crisis, delegations provide a means of enabling councils to continue functioning in a timely and responsive manner as events unfold quickly and urgent decisions…

The Acting Chief Judge of the Land and Environment Court has published a new Court policy in response to the COVID-19 pandemic. The ‘COVID-19 Pandemic Arrangements Policy‘ (‘COVID-19 Policy‘) commenced on 23 March 2020, although it appears that it will…

The Minister for Planning and Public Spaces has responded to the COVID-19 pandemic by seeking to address certain planning law impediments to the replenishment of retail stocks in the light of unprecedented demand. State Environmental Planning Policy Amendment (COVID-19 Response)…

The Public Health (COVID-19 Mass Gatherings) Order 2020 (‘Order‘), made under section 7 of the Public Health Act 2010 (NSW) took effect at 5pm on 18 March 2020.  The Order prohibits gatherings of 500 or more people in ‘a single…

The Land and Environment Court has recently considered whether land regulated by a Community Management Scheme (“CMS”) can be the subject of a building information certificate (“BIC”)  to regularise unlawful development that contravenes the by-laws of the CMS. Facts In…

The flaws in the private certification regime have surfaced again. The Land and Environment Court has held in Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 that the modification of a construction certificate…

LTL is committed to continuing to service our clients’ legal needs during the current COVID-19 health crisis while at the same time placing the highest priority on the health and safety of our staff, clients, business partners and the broader…

On 27 February 2020, the Civil Remedies for Serious Invasions of Privacy Bill 2020 (Bill) was introduced to the New South Wales Legislative Assembly. The Bill proposes to create a statutory cause of action for the serious invasion of a…

Governments are regularly called upon to make decisions, and to enact programs, which require them to weigh numerous (often hundreds, or even thousands) of competing and conflicting interests.  In doing so, decision-makers attempt to balance broad concepts of the public…