The Impounding Act 1993 will be amended by the Impounding Amendment (Unattended Boat Trailers) Act 2015 from 1 July 2016, to give local councils and other impounding authorities greater powers to manage boat trailers parked on residential streets and to…
The safety of council parking inspectors is a matter of increasing concern across New South Wales as officers are faced with aggressive and abusive drivers when issuing parking tickets. Councils keen to protect their staff are considering equipping officers with audio…
The new s119J of the Environmental Planning and Assessment Act 1979 (EPA Act) gives council investigation officers powerful tools to obtain information and or records in respect of matters they are investigating. In this blog we look at this investigative…
The Minister for Planning recently announced the commencement of changes to the Environmental Planning and Assessment Act 1979 (‘EPA Act’), including increasing the maximum penalties for offences and providing greater investigation and enforcement powers to Councils. The changes that provide…
The High Court has overturned the decision of a council which ordered that a dangerous dog be destroyed. Crucial to the High Court’s decision was the finding that the decision to destroy the dog was affected by apprehended bias due to the…
Further changes have been announced to the controversial 10/50 vegetation clearing rules amid concern that the rules have been abused for other purposes.
Increased investigative and enforcement powers are being given to officers of local councils and the Department of Planning (‘Investigation Officers‘) by amendments to the Environmental Planning and Assessment Act 1979 (NSW) (‘EPA Act‘) contained in the Environmental Planning and Assessment Amendment Act 2014 (‘Amendment Act‘). The Amendment Act…
The decision of Johnson v Hornsby Shire Council [2014 NSWLEC 1215] is the first case where the Land and Environment Court has considered the impacts arising from the 10/50 vegetation clearing entitlement in the context of a development appeal.
The Local Government Act 1993 authorises the service of statutory orders on an individual by sending the order by prepaid post to the recipient. It might also be thought that it would be sufficient to leave an order in the recipient’s mailbox. But…
NSW Minister for Planning Pru Goward this week announced an increase in the maximum penalties available to the Land and Environment Court (the Court) against individuals and companies who contravene planning rules. Under the Environmental Planning and Assessment Act 1979…
Councils are often faced with the question of whether to commence proceedings against an owner of land in respect of unlawful building work carried out on that land by a person other than the owner. A recent decision of the…
A developer was recently fined the sum of $32,500 after pleading guilty to clearing over 3,200 square metres of bushland along the bank of the Blacks Creek in the Cudgen Nature Reserve, in contravention of the National Parks and Wildlife…