The NSW Department of Planning, Industry and Environment is currently exhibiting proposed reforms to the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 (Education SEPP). The proposed amendments are part of the NSW Government’s Planning Reform Action…
Section 88K of the Conveyancing Act 1919 (‘s88K‘) enables the Supreme Court to grant an easement over land in circumstances where such an easement is reasonably necessary for the effective use or development of the land which is to have…
The ownership and control of public land is varied. It may be owned and managed by a local council, or owned by the Council and managed by the private sector. Alternatively it may be owned by the State government and…
Drainage reserves vested in local councils are public land as defined in the Local Government Act 1993 (‘LG Act‘). All public land must be classified as either community or operational under the LG Act. The Registrar-General’s Guidelines under section 12D of 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 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 Native Title Legislation Amendment Bill 2019 (‘Bill‘) was reintroduced into Parliament on 17 October 2019. The Bill introduces a number of reforms to the native title system under the Native Title Act 1993 (Cth). A previous iteration of the Bill…
The Land and Environment Court (‘Court‘) has recently refused 3 appeals against a council decision to declare that a land rating re-categorisation was to operate from a date significantly later than the dates sought by the applicant. In doing so,…
The existence of a duty of care in negligence for a misstatement by a statutory authority was recently considered in Loulach Developments Pty Ltd v Roads and Maritime Services [2019] NSWSC 438, by the NSW Supreme Court. In doing so,…
On 17 April 2019, the High Court of Australia determined that mining leases were not a ‘lease’ under s47B of the Native Title Act 1993. This ruling is important because it means that any extinguishing effect of native title by mining…
The Chief Judge of the Land and Environment Court of New South Wales has issued a new Practice Note for Class 3 Compensation Claims proceedings relating to the acquisition of land (‘Practice Note‘).
Local councils who are Crown land managers can now grant more types of leases and licences over Crown land that they manage pending the adoption of a plan of management (‘POM’) for that land under the Local Government Act 1993…