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VPAs & Benefit-Sharing for Renewable Energy Projects in NSW
Overview One of the key features of voluntary planning agreements (‘VPAs‘) under the Environmental Planning & Assessment Act 1979 (NSW) (‘EPA Act‘) is their potential to be used to enable communities to share in the benefits of development. This type…
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High Court Confirms Native Title is a Proprietary Right & Subject to Constitutional Guarantee of Just Terms Compensation
Aboriginal and Torres Strait Islander readers are advised this article contains the name of a deceased person. On 12 March 2025, the High Court handed down its landmark decision in the much-awaited native title case of Commonwealth of Australia v Yunupingu…
Employers can be liable for psychiatric injuries arising from termination
In December 2024, the High Court overturned a long-standing precedent preventing an employee from claiming damages for psychiatric injury arising from a breach of an employment contract by an employer. In Elisha v Vision Australia Limited [2024] HCA 50, the…
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,…
Local government ‘Senior Staff’ positions to be abolished
The employment conditions of most employees of local councils are set out in the relevant local government award (Relevant Award). For most councils, the Relevant Award is the Local Government State Award 2023. Prior to the changes discussed below, the…
High Court requires local council to honour contract despite budgetary constraints
‘No good can come from a circumstance in which a local government body takes action to foster the development of its area without also being willing and able to fund the action it has contractually promised to undertake’ is the opening…
Issues and difficulties arising from the interaction between development consents and approvals under s68 of the Local Government Act
Where a development is only permissible with a development consent under the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and is also an activity under s68 of the Local Government Act 1993 (NSW) (LG Act), uncertainty often arises as…
Fair Work Commission decision raises doubt about legal status of local councils in NSW
Section 220 of the Local Government Act 1993 (NSW) declares that a council is ‘is a body politic of the State’ and ‘is not a body corporate (including a corporation)‘. Amongst other things, this declaration is considered to largely shield…
Employment law: what is a ‘reasonable’ period of probation?
For the first time in the context of a local council, the recent decision of the NSW Industrial Relations Commission (IRC) in Shrestha v City of Ryde Council [2024] NSWIRComm 1005 has considered the interactions between differing lengths of probationary…
Key findings: ICAC Annual Report 2022-2023
The Independent Commission Against Corruption (the Commission) has published its annual report for the year 2022-23 (the Report), outlining the nature of complaints received and their investigative processes. The Report reflects a substantial increase in complaints reported to the Commission by…
Overview of Revised NSW Local Planning Agreements Practice Note
The Department of Planning and Environment is publicly exhibiting a document titled ‘Local infrastructure contributions practice notes‘ (Draft VPA Practice Note) as part of its set of new infrastructure contribution practice notes. The Department is seeking feedback until Friday 23…
Revised NSW Local Infrastructure Contributions Practice Notes on Public Exhibition
The Department of Planning and Environment is publicly exhibiting a new set of local infrastructure contribution practice notes and seeking feedback until Friday 23 February 2024. The Department’s website states that it ‘has undertaken the first comprehensive rewrite of all…