[ IN FOCUS ]
Powers of entry to residential land clarified
This decision relates to the latest instalment of the cases involving members of the Bobolas family and Waverley Council (‘Council‘) with the Council issuing orders to require or allow the clean-up of the accumulation of waste that creates a public…
UPDATE: COVID-19 Pandemic Arrangements Policy – Land and Environment Court
The Land and Environment Court of NSW (‘Court’) has updated its COVID-19 Pandemic Arrangements Policy (‘Policy’). The Policy commenced Wednesday, 8 July 2020 and replaces the previous Policy made on 23 March 2020. A summary of the key changes are…
When can a development control order be served by email?
The Land and Environment Court has recently considered whether a development control order (Order) was validly issued under the Environmental Planning and Assessment Act 1979 (EPA Act). This decision provides useful guidance to local councils on a number of the…
New laws to prevent serious defects in residential apartment buildings
The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 passed both houses of the NSW Parliament last week. The Act applies to building works to a residential apartment building that are authorised to commence in accordance with a construction…
Validity of POEO Act Prevention Notices – The importance of identifying the ‘Occupier’
The Land and Environment Court recently examined the meaning of ‘occupier’ in the context of a prevention notice issued under the Protection of the Environment Operations Act 1997 (POEO Act). This issue is important as regulatory authorities’ powers to issue prevention…
Dealing with Difficult GIPA Applicants: Section 110 Restraint Orders Back in Fashion
For the first time since 2016, the Civil and Administrative Tribunal has restrained individuals from making applications for access to information under the Government Information (Public Access) Act 2009 (GIPA Act).
The issuing of a Building Information Certificate on Community Titled Land
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…
REMINDER – Review of Impounding Act 1993 – Call for comments from LTL clients
In December 2019, we published a blog post regarding the State Government’s upcoming review of the Impounding Act 1993 (Act). As noted in that blog post, Lindsay Taylor Lawyers is preparing a submission to the Office of Local Government (OLG)…
Does it matter that the Applicant knows? – Disclosure of confidential and personal information under the GIPA Act
In NCAT proceedings concerning applications for access to government information made under the Government Information (Public Access) Act 2013 (GIPA Act), applicants sometimes argue that confidential information or the personal details of an informant should be released to them as…
UPDATE: Bush fire response amendments to the Local Government Regulations and SEPP (Exempt and Complying Development Codes) 2008
In response to the impacts of the bush fire crisis, the NSW Government has now made amendments to the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (‘Caravan Regulations’) in addition to the Local…
What is best practice when dealing with copyright material?
The NSW Civil and Administrative Tribunal has further elaborated on the responsibilities of local councils in dealing with applications for access to copyright material under the Government Information (Public Access) Act 2009. Hoggett v Campbelltown City Council [2019] NSWCATAD 258…
ALERT – Review of Impounding Act 1993
The State Government has announced the first comprehensive review of the Impounding Act 1993 (Act) since its commencement on 1 July 1993. The Act was introduced as companion legislation to the Local Government Act 1993 and aims to protect public health, safety and…