In two recent cases, the New South Wales Civil and Administrative Tribunal (Tribunal) has made orders (Restraint Orders) restraining individuals from making access applications to Councils, without first obtaining the Tribunal’s permission. The decisions in Pittwater Council v Walker [2015]…
The NSW Office of Finance and Services has released a circular identifying procedural amendments which acquiring authorities (such as local councils and state government instrumentalities), other than state owned corporations, are to abide by when acquiring land under the Land Acquisition (Just Terms…
A warning – use of investigatory notices under the EPA Act once a prosecution has commenced
27 Feb, 2015
Can a Council use its powers under s118BA of the Environmental Planning and Assessment Act 1979 (EPA Act) to compel a person to provide answers in relation to a breach of the Act, where a prosecution has been commenced in…
The NSW Court of Appeal has held that a contractual clause purporting to levy a rate “in accordance with the Local Government Act 1993” (the Act) impermissibly fettered the discretion of the Council from undertaking its statutory duty of assessing…
The ICAC commenced an investigation of a complaint concerning the deputy senior Crown Prosecutor, Margaret Cunneen SC in July 2014. That complaint was that: Margaret Cunneen SC on 31 May 2014, with the intention to pervert the course of justice, counselled Sophia…
Privacy Law Changes – Disclosures to NBN Co
28 Jan, 2015
The Office of Local Government (OLG) has recently issued a circular to councils regarding the disclosure of personal information to NBN Co Limited (NBN Co) for the delivery of the National Broadband Network.
The correct categorisation of land for council rating purposes is critical to the financial operation of local government and has the potential to have a significant financial impact on property owners. A recent decision of the Land and Environment Court (‘the Court‘) demonstrates that the Court…
The burden on councils (particularly those in the regulated area) as regulator of non-scheduled activities under the Protection of the Environment Operations Act 1997 (POEO Act) will be reduced by the lowering of the thresholds for the licensing of certain waste…
When is an administrative decision ‘irrational’?
24 Nov, 2014
The Court of Appeal recently handed down the decision of Arnold v Minister Administering the Water Management Act 2000 [2014] NSWCA 386 which considered whether a decision by the Minister administering the Water Management Act 2000 (‘WM Act’) to make a…
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…
Can a council be ordered to determine a DA after developer’s merit appeal period lapses?
17 Nov, 2014
In CSKS Holdings Pty Ltd v Woollahra Council [2014] NSWLEC 176, Pain J in the Land and Environment Court dismissed an application by a developer whose merit appeal rights had lapsed for an order in the nature of mandamus compelling the…
Court of Appeal Considers Whether Developer Entitled to Spare Capacity in Council’s Sewerage System
6 Nov, 2014
In Dansar Pty Limited v Byron Shire Council [2014] NSWCA 364, the NSW Court of Appeal, by majority judgement, rejected a claim by a developer against council for damages for economic loss arising from the Council’s failure to allocate spare capacity in its…