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NSW Government Finalises Regulatory Framework for Short-term Rental Accommodation
UPDATE 14 April 2021 – Following its receipt of significant feedback from key stakeholders, including local Councils, regarding the timeline for the introduction of the new regulatory framework for short-term rental accommodation discussed in this post, the State government has…
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Conflicting Proposals for Reforms to the EPBC Act: Is the end of Bilateral Agreements in sight?
Reforms are proposed to the federal Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). On 29 October 2019, the Minister for the Environment, the Hon. Sussan Ley MP, commissioned the second Independent Review of the EPBC Act. Professor Graeme…
ALERT: Independent Statutory Review of Crown Land Management Act 2016
The Crown Land Commissioner, Professor Richard Bush, is undertaking an independent statutory review of the Crown Land Management Act 2016 (CLM Act) and has published a discussion paper seeking the public’s input into the review. About the statutory review The Commissioner was…
Proposed Changes to Rating: New Environmental Land Category
In December 2020, the State Government released for public consultation, an Exposure Draft of the Local Government Amendment (Rates) Bill 2021 (Rates Amendment Bill), and a consultation guide entitled Towards a Fairer Rating System (Consultation Guide). The Rates Amendment Bill aims to…
Coastal Management Programs and Public Interest Litigation
Late last year, litigation involving a challenge to the validity of a coastal zone management plan was finalised with implications for the making of coastal management programs (CMPs). The proceedings were commenced by Boomerang and Blueys Residents Group Inc (BBRG),…
NSW Productivity Commission Publishes Final Report on Review of Infrastructure Contributions System
On 3 December 2020, the NSW Productivity Commission released its final report on its review of the infrastructure contributions system in NSW (Review), entitled Review of Infrastructure Contributions in New South Wales – Final Report (Final Report). Following on from the…
Planning Certificates – Scope of Councils’ Immunity from Liability Limited
In the recent decision of Lorenzato v Burwood Council [2020] NSWSC 1659 (‘Lorenzato‘), the Supreme Court considered the scope of the immunity from liability in negligence enjoyed by public authorities such as councils under various pieces of legislation. The Court…
What Constitutes a Leave of Absence from a Council Meeting?
There are significant consequences for councillors who are absent from council meetings, including the ‘vacation of civic office’ in the case of absence from 3 consecutive ordinary meetings of a council without the prior leave of the council. In Loder…
ALERT – Revised Model Code of Conduct and Associated Procedures for Local Councils in NSW
On 7 August 2020, the NSW Government published The Model Code of Conduct for Local Councils in NSW 2020 (New Model Code) and the New Code for the Administration of The Model Code of Conduct for Local Councils in NSW…
Development Contributions: Temporary Deferral of Payment Arrangements & Requirement for Evidence of Payment Before Occupation Certificate
The State government yesterday introduced a suite of measures through Ministerial directions and determinations and amendments to regulations under the Environmental Planning and Assessment Act 1979 (EPA Act) relating to the payment of State and local infrastructure contributions and levies for…
Impacts of Works Related to Development and Deferred Commencement Conditions
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…
ALERT – Proposed Amendments to Flood Prone Land Use Regulations and Controls
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…