On 17 April 2019, the High Court of Australia determined that mining leases were not a ‘lease’ under s47B of the Native Title Act 1993. This ruling is important because it means that any extinguishing effect of native title by mining…

The Minister for Planning has given a new direction to local councils which impacts on the negotiation of planning agreements (‘VPA‘) which include the provision of affordable housing (‘VPAs for Affordable Housing’). Under s7.32 of the Environmental Planning and Assessment…

The State Environmental Planning Policy (Aboriginal Land) 2019 (‘SEPP‘) came into force on 6 February 2019. The SEPP provides for the making of ‘development delivery plans‘ (‘DDPs‘) for land owned by Local Aboriginal Land Councils (‘LALCs’) which must be considered when…

The Copyright Act: long, complex, outdated, and a potential trapdoor for local councils when dealing with documents accompanying a development application. The NSW Civil and Administrative Tribunal has recently handed down a decision which illustrates the difficulties for councils in…

Following the return of the Coalition government on 23 March 2019, the Governor has issued Administrative Arrangements (Administrative Changes – Public Service Agencies) Order 2019, Administrative Arrangements (Administration of Acts—General) Order 2019 and Administrative Arrangements (Administrative Changes—Ministers) Order 2019 (together…

The Native Title Legislation Amendment Bill 2019 (‘Bill’) is currently being considered by the Australian Parliament. The Bill was read for a second time in the House of Representatives on 21 February 2019 by the Attorney-General following which debate was adjourned. The next…

The Chief Judge of the Land and Environment Court of New South Wales has issued a new Practice Note for Class 3 Compensation Claims proceedings relating to the acquisition of land (‘Practice Note‘).

The use of  information technology  systems for internal management functions, to provide services and information to their communities and to exercise regulatory functions is integral to the day to day operation of governmental organisations. External providers are commonly used to…

Yesterday, in a landmark decision, the High Court of Australia determined the amount of compensation payable to a native title group for both economic and cultural loss. The Northern Territory of Australia was ordered to pay a total of $2,530,350…

A recent decision of the Land and Environment Court examined the way in which a Council investigating officer interviewed witnesses, and how the conduct of that officer ultimately affected the evidence relied on by the prosecutor. The decision provides useful guidance…

Local councils who are Crown land managers can now grant more types of leases and licences over Crown land that they manage pending the adoption of a plan of management (‘POM’) for that land under the Local Government Act 1993…

In a significant judgment, the Court of Criminal Appeal (Court) has clarified the use of local councils’ investigative powers under s9.22 of the Environmental Planning and Assessment Act 1979 (Act). The Court ruled on when notices to answer questions and produce…