The Supreme Court recently considered a case involving a Deed of Agreement (Agreement) that was entered into between a council and landowner involving the re-zoning and subdivision of land, and subsequent transfer of part of the land that had high…
The Land and Environment Court has recently considered whether land surrounding an open cut mine and in the same ownership as the mine but used for grazing and cropping activities and as an offset for the coal mine was properly…
The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 passed both houses of the NSW Parliament last week. The Act applies to building works to a residential apartment building that are authorised to commence in accordance with a construction…
The NSW Civil and Administrative Tribunal has again dealt with a dispute concerning public access to copyright material under the Government Information (Public Access) Act 2009 (GIPA Act). While the facts of this case are similar to those of a case…
On 14 May 2020 significant changes were made to the Environmental Planning and Assessment Act 1979 (EPA Act) to implement emergency measures in response to the COVID-19 pandemic. Extension of Time to commence Class 1 Appeals Previously, a person had 6…
Many councils have been investigating ways to provide some financial relief to ratepayers in response to the COVID-19 pandemic. However the strict financial and procedural provisions of the Local Government Act 1993 (LG Act) have presented various obstacles to doing…
Proposed reforms to development contributions in NSW
15 Apr, 2020
The NSW Department of Planning, Industry and Environment has announced a suite of proposed reforms to the development contributions system in NSW. The DPIE states that the purpose of the reforms are to ‘…fix the uncertainty of developer contributions to…
On 24 March 2020, the NSW Parliament passed the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (‘Emergency Measures Act‘). The Act commences on the date of assent. According to the NSW Parliament’s website, assent occurred on 25 March 2020. The…
Council delegations are an important governance tool at any time. During the current Novel Coronavirus (COVID-19) crisis, delegations provide a means of enabling councils to continue functioning in a timely and responsive manner as events unfold quickly and urgent decisions…
The Public Health (COVID-19 Mass Gatherings) Order 2020 (‘Order‘), made under section 7 of the Public Health Act 2010 (NSW) took effect at 5pm on 18 March 2020. The Order prohibits gatherings of 500 or more people in ‘a single…
The Land and Environment Court has recently considered whether land regulated by a Community Management Scheme (“CMS”) can be the subject of a building information certificate (“BIC”) to regularise unlawful development that contravenes the by-laws of the CMS. Facts In…
ALERT – Bill to Ban Real Estate Agents and Property Developers From Holding Civic Office
2 Mar, 2020
On 27 February 2020 the Local Government Amendment (Disqualification from Civic Office) Bill 2020 (“Bill”) was introduced into parliament. It proposes to amend s 275 of the Local Government Act 1993 to provide that real estate agents and property developers…