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Compulsory acquisition – what is an interest in land?
The Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) provides that an owner of an interest in land which is divested, extinguished or diminished by a compulsory acquisition is entitled to compensation. The NSW Court of Appeal has…
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Overshadowing considerations for development near Sydney parklands
The Greater Sydney Parklands Trust Act 2022 (Parklands Act) commenced on 1 July 2022. On the same date, the Minister for Cities gazetted the Greater Sydney Parklands Shadow Modelling Study 2022 (Shadow Modelling Study). The Parklands Act, in combination with…
‘Substantially the same’ – identifying the fundamental elements of development
Other than to correct a minor error, misdescription or miscalculation, a development consent can only be modified under sections 4.55 and 4.56 of the Environmental Planning and Assessment Act 1979 (EPA Act) if the consent authority or the Court is satisfied…
Reforms to the management of public interest disclosures in NSW
The Public Interest Disclosures Act 2022 (PID Act 2022) will commence either on 13 October 2023, being 18 months after the date of assent, or on an earlier day or days to be appointed by proclamation, and will repeal the…
OLG releases Model Social Media and Model Councillor and Staff Interaction policies
On 7 April 2022, the Office of Local Government released the following two new model policies for local councils in New South Wales: Model Councillor and Staff Interaction Policy (CSI Policy) Model Social Media Policy (Social Media Policy) These two policies…
Greater Sydney is now the Six Cities Region
As of 13 April 2022, the Greater Sydney Region, is to be known as the ‘Six Cities Region‘. The Greater Cities Commission Act 2022 (‘Cities Act‘) implements this change. The Cities Act also repeals the Greater Sydney Commission Act 2015…
End of COVID Extension for Class 1 Appeals – Appeal Rights Revert to 6 Months
In May 2020, as an emergency measure in response to the COVID-19 pandemic, section 8.10 of the Environmental Planning and Assessment Act 1979 (EPA Act) was amended to insert provisions that allowed 12 months for an appeal to be commenced in the…
Employee or independent contractor – High Court clarifies the test
Government at all levels frequently enters contracts with individuals as independent contractors rather than as employees. In construing whether these contracts achieve this intent the courts have tended to look at the whole of the relationship, not just the terms…
Exhibition of the Design and Place SEPP 2021
UPDATE: On 6 April 2022, the Minister for Planning and Minister for Homes Anthony Roberts announced that, following public exhibition, the NSW government will not be introducing the Design and Place State Environmental Planning Policy. The Minister has advised that…
Update – New Planning Minister and Planning Secretary for New South Wales
On 20 December 2021, NSW Premier Dominic Perrottet revealed the second Perrottet ministry for the State government. The details of the updated cabinet have been published in a Government Gazette which can be accessed here. This major cabinet reshuffle marks…
Risk management of public land and demonstrating a reasonable risk management system
In a recent matter in the District Court of NSW, the Court considered a claim of negligence brought against Georges River Council (Council), amongst other parties. The case, while not establishing new law, highlights the importance of integrating risk management…
EPA ordered to develop policies and guidelines to protect environment from climate change
In a significant recent decision, the Land and Environment Court has ordered the NSW Environment Protection Authority (‘EPA‘) to develop environmental quality objectives, guidelines and policies to ensure the protection of the environment from climate change. The case was brought by…