Other than to correct a minor error, misdescription or miscalculation, a development consent can only be modified under sections 4.55 and 4.56 of the Environmental Planning and Assessment Act 1979 (EPA Act) if the consent authority or the Court is satisfied…
The Public Interest Disclosures Act 2022 (PID Act 2022) will commence either on 13 October 2023, being 18 months after the date of assent, or on an earlier day or days to be appointed by proclamation, and will repeal the…
The Local Government (General) Amendment Regulation 2022 (NSW) (Amendment Reg) commenced on 10 June 2022. It inserts a new section 170A into the Local Government (General) Regulation 2021 (NSW) (LG Reg). The new section increases the tendering exemption threshold for…
OLG Circular: Proposed Amendments to the Standard Contract of Employment for Local Council General Managers
25 May, 2022
On 17 May 2022, the Office of Local Government (‘OLG‘) issued Circular No. 22-12 (‘Circular‘) in response to recommendations made by the Independent Commission Against Corruption (‘ICAC‘) as a result of its investigation of the former Canterbury City Council (‘Operation…
On 7 April 2022, the Office of Local Government released the following two new model policies for local councils in New South Wales: Model Councillor and Staff Interaction Policy (CSI Policy) Model Social Media Policy (Social Media Policy) These two policies…
On 7 March 2022, the Office of Local Government (‘OLG‘) released a new circular to councils regarding two new guidelines: the Public-Private Partnerships Guidelines (‘PPP Guidelines‘) and the Formation of Corporations and Entities (Section 358) Guideline. Although some interrelationship between two…
Government at all levels frequently enters contracts with individuals as independent contractors rather than as employees. In construing whether these contracts achieve this intent the courts have tended to look at the whole of the relationship, not just the terms…
On 27 October 2021, the Environmental Planning and Assessment Amendment (Compliance Cost Notices) Regulation 2021 (Amendment) commenced with the purpose of simplifying compliance cost notices (CCN’s). The Amendment has been introduced as a result of council feedback that CCN’s were…
The objective of the Government Information (Public Access) Act 2009 (Act) is generally to maintain and advance a system of responsible government that is open and accountable and facilitates access to government information to the public. Although the Act provides…
In a recent matter in the District Court of NSW, the Court considered a claim of negligence brought against Georges River Council (Council), amongst other parties. The case, while not establishing new law, highlights the importance of integrating risk management…
Earlier this month, the Office of Local Government published a discussion paper titled ‘Local Government Tendering Regulation Review‘ (‘Discussion Paper‘) concerning the tendering provisions in Part 7 of the Local Government (General) Regulation 2021 (‘Regulation‘). The Discussion Paper proposes amendments to…
Proposed reforms to the Environmental Planning and Assessment Regulation 2000: Further Observations
30 Aug, 2021
In an earlier post, we alerted readers that on 5 August 2021 the Department of Planning, Industry and Environment (DPIE) released for public consultation the draft Environmental Planning and Assessment Regulation 2021 (Draft EPA Reg). The Draft EPA Reg is…