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Council not bound by resolution accepting offer to purchase land
A recent decision of the Court of Appeal (Court) examined whether a council was bound by way of land sale contract when it had merely resolved to enter into the contract but not executed the documentation. The case provides a…
Can a developer get a refund of development contributions that were imposed unlawfully?
Under s 7.3(1) of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘), monetary contributions paid under a s 7.11 condition in accordance with the conditions of a development consent or with a planning agreement must be held and applied towards…
A guide on powers of entry: residential premises
Authorised Council officers are given broad powers to enter and search premises under a range of legislation, including the Environmental Planning and Assessment Act 1979 (EPA Act), the Local Government Act 1993 (LG Act) and the Protection of the Environment…
UPDATE: New planning circular addressing flood risk in planning decisions
On 1 March 2024, the Department of Planning, Housing and Infrastructure (Department) published Planning Circular PS 24-001 (Circular). The Circular provides an outline on the existing flood-related planning policies and provides further advice and information on flood matters for planning…
REMINDER: Validly issuing a Development Control Order
A relevant enforcement authority (including a local council) can issue a development control order (DCO) in certain circumstances to require a person to do or refrain from doing things to ensure compliance with the Environmental Planning and Assessment Act 1979…
ALERT: Climate Change (Net Zero Future) Act 2023 commences
The Climate Change (Net Zero Future) Act 2023 (the Act) was recently passed by the New South Wales Parliament, and has commenced operation. The purpose of this landmark legislation is to give effect to the commitments under the 2015 Paris…
Taking enforcement action? Make sure you have identified the correct perpetrator
Before taking enforcement action, it is critical for the enforcement agency to identify the correct perpetrator. A failure to do so may result in the validity of the enforcement action being successfully challenged or defeated. This issue regularly arises in…
Court of Criminal Appeal considers when an environmental prosecution is time barred
A recent decision by the NSW Court of Criminal Appeal (‘CCA‘) confirms the principles of statutory interpretation and construction that apply to time limitations when commencing prosecutions under the National Parks and Wildlife Act 1974 (‘NPW Act’) and the Biodiversity…
Findings of the Independent Review of the Biodiversity Conservation Act 2016
On 24 August 2023, an Independent Review of the Biodiversity Conservation Act 2016 (BC Act) was tabled in Parliament (Review) and significantly, found that the BC Act: is not meeting its primary purpose of maintaining a healthy, productive and resilient…