The NSW Department of Planning, Industry and Environment has announced proposed amendments to the regulations, directions, guidelines and policies relevant to flooding and flood-related constraints in land use planning (‘Flood Prone Land Package‘). The Flood Prone Land Package has been…
New Certifier Regulations – Impacts for Councils
8 May, 2020
The Building and Development Certifiers Act 2018 (‘BDC Act‘) will commence on 1 July 2020 together with the Building and Development Certifiers Regulation 2020 (‘BDC Reg‘). This article discusses the key regulatory changes they will bring and how these changes…
COVID-19 Update: Electronic conduct of planning bodies’ public meetings and public hearings
30 Apr, 2020
The State Government has introduced the Environmental Planning and Assessment Amendment (COVID-19 Planning Bodies) Regulation 2020 (‘COVID Reg‘). The COVID Reg deals with the holding of public meetings and public hearings by planning bodies. It is aimed at ensuring both the…
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…
In a decision that will effect every local government area in NSW, the Federal Court has held that Telstra does not require development consent to install about 1,800 new payphone cabinets throughout Australia (‘New Payphone Cabinets‘). These payphone cabinets could…
COVID-19 – AirBNB Regulation Repealed
6 Apr, 2020
On Friday 3 April, the State government made the Fair Trading Amendment (Code of Conduct for Short-term Rental Accommodation Industry) Repeal Regulation 2020 (Repeal Regulation), to repeal a regulation it only gazetted on 16 March 2020 regarding short term rental…
We previously posted this blog regarding the enactment of the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 which inserted s10.17 into the Environmental Planning and Assessment Act 1979 (EPA Act) in response to the COVID-19 pandemic. The Minister for Planning and Public Spaces,…
In early March 2020, Planning for Bushfire Protection 2019 (PBP 2019) was given legislative effect and replaced Planning for Bushfire Protection 2006 (PBP 2006). PBP 2019 is not a response to the recent bush fire events in NSW, but the…
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…
The NSW Land Registry Services (NSW LRS) has published information on changes to its operations to address disruptions arising from COVID-19. This information is being updated regularly and anyone who proposes to lodge dealings, plans or other instruments should check…
The Minister for Planning and Public Spaces has responded to the COVID-19 pandemic by seeking to address certain planning law impediments to the replenishment of retail stocks in the light of unprecedented demand. State Environmental Planning Policy Amendment (COVID-19 Response)…
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…