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…
The Court of Criminal Appeal has allowed an appeal against the Land and Environment Court’s decision in Environment Protection Authority v McMurray [2024] NSWLEC 6, finding that the special executive liability provisions in the Protection of the Environment Operations Act…
The common law principle of “standing” determines whether a person is entitled to commence proceedings in a particular forum or in respect to a particular issue. Demonstrating a “special interest” in the subject matter of proceedings has generally been sufficient…
The employment conditions of most employees of local councils are set out in the relevant local government award (Relevant Award). For most councils, the Relevant Award is the Local Government State Award 2023. Prior to the changes discussed below, the…
‘No good can come from a circumstance in which a local government body takes action to foster the development of its area without also being willing and able to fund the action it has contractually promised to undertake’ is the opening…
When making decisions in its ‘merit appeal’ jurisdiction (such as Class 1 and 2 Appeals), the Land and Environment Court (LEC) is vested with all the functions and discretions which the person or body whose decision is the subject of…
Where a development is only permissible with a development consent under the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and is also an activity under s68 of the Local Government Act 1993 (NSW) (LG Act), uncertainty often arises as…
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…
REMINDER: Footpath hazards – when is a Council protected from Liability under the Civil Liability Act?
22 Apr, 2024
In a recent decision, the District Court found that a Council was not liable to a plaintiff who had tripped on a raised paver in a park in Redfern. This case is a useful reminder of the various protections councils…
A guide on powers of entry: residential premises
18 Apr, 2024
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…
The question of whether a consent authority has power to suspend the operation of an easement for the purpose of enabling development to be carried out in accordance with a development consent has again been the subject of consideration in…
ICAC’s guide on how to manage conflict of duties
4 Apr, 2024
The Independent Commission Against Corruption (ICAC) has issued a guide to assist public officials and agencies in identifying and managing conflicts of duties. The guide relates to conflicts of duties, not conflicts between a public duty and a personal or…