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…
On 23 July 2021, the Online Safety Act 2021 (Cth) (‘OS Act‘) received Royal Assent from the Governor-General. The OS Act will commence a day to be fixed by Proclamation or the day after the end of the period of 6…
IPART Review of Rate Peg – Population Growth
17 Aug, 2021
The Independent Pricing and Regulatory Tribunal (IPART) is reviewing the rate pegging system to include population growth. The ‘rate peg’, under s506 of the Local Government Act 1993 , is the maximum percentage by which a council may increase its…
UPDATE – Amendments to flood prone land use regulations and controls commencing in July 2021
21 Jun, 2021
Last year, we blogged about the exhibition of the NSW Department of Planning, Industry and Environment (Department)’s proposed updates to the regulations, directions, guidelines and policies relevant to flooding and flood-related constraints in land use planning (‘Flood Prone Land Package‘)….
On 4 June 2021 the Crown Land Management Regulation 2018 (CLM Regulation) was amended to remove the deadline for councils managing Crown land (Council Crown land managers) to adopt plans of management for that land by 30 June 2021, and removing…
UPDATE: Court of Appeal overturns LEC decision on dominant use of land ‘mining’ for rating purposes
13 May, 2021
In June 2020, we blogged about a decision of the Land and Environment Court (LEC) which significantly raised the rating liability for mining companies that ‘hold’ land for mining purposes under the Local Government Act 1993. Since then, the landowner…
Reasonable searches in GIPA Act applications
15 Apr, 2021
A decision of the Appeal Panel of the NSW Civil and Administrative Tribunal (Tribunal), changed the way that the Tribunal considers applications for review under the Government Information (Public Access) Act 2009 (GIPA Act) where an agency finds that information…
Local governments play an important role in Australia’s foreign relations. Indeed, the Australian Local Government Association noted in its submission to a recent Senate inquiry (‘Senate Inquiry‘) that there are at least 37 arrangements between councils and foreign entities, as…