The Protection of the Environment Operations (Noise Control) Regulation 2026 (2026 Noise Control Regulation) commenced on 28 August 2026, repealing and replacing the 2017 Noise Control Regulation. The 2026 Noise Control Regulation retains the framework for controlling common sources of…
The Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025Â continues to make significant changes to the development process in NSW. As of 1 September 2026, the reforms relating to community participation have commenced, and the statewide Community Participation Plan…
Protecting beachfront properties from exposure to coastal erosion and hazards is an ongoing problem across much of the NSW coast and made worse by climate change. Recently, the Land and Environment Court (Court) considered whether development consent should be granted…
In 2025, the NSW government proposed amendments to the Local Government Act 1993 (LG Act) by way of the Local Government and Other Legislation Amendment (Councillor Conduct) Bill 2025 (Conduct Bill). The Conduct Bill proposed, amongst other things, escalation of…
The Building (Approvals and Practitioners) Bill 2026 was introduced into the NSW Parliament in May and proposes to consolidate provisions of the Environmental Planning & Assessment Act 1979 (EPA Act) and Design and Building Practitioners Act 2020 and Building and…
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…
On 8 April 2026, the NSW Government released the proposed statewide Community Participation Plan (Statewide CPP) for public comment. The Planning System Reforms Act 2025 (Reform Act) requires the Planning Secretary to prepare a single statewide community participation plan about…
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…
Following the introduction of the new Stop Bullying and Harassment Orders in 2025 (see our article here), the NSW Government has now progressed their foreshadowed changes to workers compensation with the making of the Workers Compensation Legislation Amendment Act 2025…
The Model Code of Meeting Practice for Local Councils in NSW 2025 (2025 Meeting Code) took effect on 1 January 2026. It replaces the 2021 Code and contains some significant changes, which are summarised in this post. Requirement for Model…
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…
A bill was introduced into the NSW Legislative Council on 14 October 2025 to change the forum for dealing with councillor conduct matters. The Land & Environment Court is proposed to have new powers to hear councillor conduct matters, in…