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Penalty Notices Q&A #3
Welcome to our third and final article in this series about penalty notices. Let’s take a look at some of the most recent questions we’ve been asked: What does it mean to exercise discretion when issuing penalty notices? This is…
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Certifier Series: Does a building information certificate enable a certifier to issue an occupation certificate?
This is the first blog in our LTL in Focus: Certifier Series. The Certifier Series will cover a range of questions, issues and changes affecting both private and local council certifiers. A key function of certifiers is to issue occupation…
Internal Agency Investigations: Some Basic Legal Principles
Introduction This article discusses some principles relevant to internal investigations carried out by NSW Government agencies, or by local government authorities where the investigation is conducted outside the Model Code of Conduct framework. We won’t cover employment or industrial law…
Penalty Notices Q& A #2
Penalty notices Q&A #2 Welcome back to another discussion about penalty notices, this time focussing on some questions that deal with delegations and issuing multiple penalty notices, and some technical questions. How do I know if I have the power…
Penalty Notices Q & A #1
Introduction This is the first in a series of posts about penalty notices and fines. Most compliance officers have the power to issue penalty infringement notices (PINs) under a number of different pieces of legislation. As any compliance officer will…
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…
New Information and Privacy Commission Guidelines for the Disclosure of Interest Returns
The Information and Privacy Commission (IPC) has recently published a report (the report) on the outcome of its follow-up audit on councils, to determine their compliance with the requirement to publish returns of interest lodged by councillors and designated persons…
New Flood Risk Management Manual: Liability implications
Introduction On 10 November 2023, the Environmental Planning and Assessment Amendment (Flood Planning) Regulation 2023 (EPA Reg Amendment) was published on the NSW legislation website. It amended the Environmental Planning and Assessment Regulation 2021 (EPA Reg) and replaced references to the Floodplain…
Reminder: The modification of a development consent is not the ‘grant of a development consent’
The power of a consent authority to modify a development consent is set out at sections 4.55 (for modification of consents generally) and 4.56 (for modification of consents granted by the Court) of the Environmental Planning and Assessment Act 1979…
When is an objector’s opinion considered personal information in a GIPA Application?
In a recent decision of Stalvies v Snowy Monaro Regional Council [2023] NSWCATAD 166 (‘Stalvies case‘), the NSW Civil & Administrative Tribunal has given detailed consideration to when expressions of opinion, or purported statements of fact, may be found to…
Commencement of New Employment Zones
On 26 April 2023, five new employment zones and four new supporting zones took effect in local environmental plans (LEPs) across NSW, replacing the former Business (B) and Industrial (IN) zones. The amendments to the zones in LEPs across NSW…
ALERT: New planning regulations require a landowner’s consent to development to be in writing
On 25 November 2022, the Governor of NSW made the Environmental Planning and Assessment Amendment (Miscellaneous) Regulation (No 2) 2022 (‘Amendment Reg’). The Amendment Reg makes some small but notable changes to the Environmental Planning and Assessment Regulation 2021 (‘EPA…