In the recent decision of Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 (Ballina v Palm Lake), the Land and Environment Court emphasised the importance of properly considering the matters listed in s4.15(1) of the Environmental…

The NSW Department of Planning, Industry and Environment has announced proposed amendments to the regulations, directions, guidelines and policies relevant to flooding and flood-related constraints in land use planning  (‘Flood Prone Land Package‘). The Flood Prone Land Package has been…

We previously posted this blog regarding the enactment of the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 which inserted s10.17 into the Environmental Planning and Assessment Act 1979 (EPA Act) in response to the COVID-19 pandemic. The Minister for Planning and Public Spaces,…

On 27 February 2020, the Civil Remedies for Serious Invasions of Privacy Bill 2020 (Bill) was introduced to the New South Wales Legislative Assembly. The Bill proposes to create a statutory cause of action for the serious invasion of a…

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)…

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…

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…

In the recent decision of Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (N0 2) [2019] NSWLEC 171 (‘Gindurra‘), the Land and Environment Court further considered challenges to the validity of complying development certificates (‘CDCs’) in light of s4.31…

Proceedings in the Land and Environment Court often involve the use of expert evidence. Two recent decisions cast light on issues in the preparation of expert evidence that may affect the credibility of an expert witness. The comments made by…

The deadline for the preparation of community participation plans (CPPs) is fast approaching. NSW planning authorities, including councils and State government agencies with key planning approval functions, are required to have prepared their first CPP before 1 December 2019.  Council’s…

The Environmental Planning and Assessment Amendment (Building and Subdivision Certification) Regulation 2019 (Amendment Regulation) will make various amendments to the Environmental Planning and Assessment Regulation 2000 (EPA Regulation) regarding building and subdivision certification. These amendments are set out at Schedule…

In White v Sutherland Shire Council [2019] NSWCATAD 100 (‘White‘), Senior Member Isenberg dismissed an application for administrative review because she could not identify any legislation relevant to the Applicant’s complaints that would confer jurisdiction on the NSW Civil and…