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ALERT: Faster Assessments Incentive Program
The Department of Planning, Housing and Infrastructure has today published an update on the so-called Faster Assessments Incentive Program (FAIP) to accompany the Statement of Expectations Order 2026 (SOE Order) dated on 1 July 2026. The FAIP and the SOE…
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Federal Court assesses Compensation for Cultural and Economic Loss of Native Title arising from two Major Mining Projects
The Federal Court has further considered the principles of economic and cultural loss of native title in two recent decisions, Davey on behalf of the Gudanji, Yanyuwa and Yanyuwa-Marra Peoples v Northern Territory of Australia (No 5) (McArthur River Project…
Bill to amend the Crown Land Management Act 2016
On 17 March 2026, the Crown Land Management Amendment (Statutory Review) Bill 2026 (the Bill) was introduced into Parliament to amend the Crown Land Management Act 2016 (CLM Act), the Commons Management Act 1989 and Crown Land Management Regulation 2018 (CLM Regulation)….
Council liability for footpath hazards and when is it protected from liability?
In two recent decisions, the NSW Court of Appeal (CoA) has considered when a local council may be liable in negligence for injuries caused on council footpaths and verges. These cases are useful reminders of a council’s duty of care…
Is a registered VPA an “interest” in land?
It is common that Voluntary Planning Agreements (VPAs) will be registered on the title to the land to which they relate. The Environmental Planning and Assessment Act 1979 (EPA Act) expressly provides for registration and states that a VPA which…
Access to public roads – an absolute right?
In a recent decision, the NSW Supreme Court considered the nature and extent of the common law and statutory entitlement of a landowner to access a public road adjoining their land. The case concerned an alleged obstruction preventing the landowner…
Switching off covenants and restrictions – revisiting the operation of clause 1.9A
A recent decision of the NSW Supreme Court provides a timely example of the operation of clause 1.9A – a clause contained in many LEPs which can operate to suspend or override restrictive covenants. Relevantly, clause 19.A(1) provides: (1) For…
High Court Finds TfNSW Liable in Nuisance for Light Rail Construction Works
Private nuisance is a tort concerned with protecting a person’s interest in land from substantial and unreasonable interference with its use or enjoyment. In a recent decision having significant implications for public authorities, including local councils, the High Court unanimously…
Dedication of public roads- a recent illustration of the principles
Under the Roads Act 1993, the procedures for dedicating land as a public, or identifying land historically created as a public road, are clear and relatively simple. However, it was not always so. In particular, before the creation of the…