The Land and Environment Court (LEC) has found that the land of the former Waverton Bowling Club is ‘claimable Crown land‘ under s36 of the Aboriginal Land Rights Act 1983 (ALR Act) and has ordered that it be transferred to the…
Commencement of the Public Spaces (Unattended Property) Act 2021 and Repeal of the Impounding Act 1993
28 Oct, 2022
On 1 November 2022, the Public Spaces (Unattended Property) Act 2021 (PSUP Act) commences (other than section 19) and will repeal the Impounding Act 1993. The introduction of the PSUP Act follows a comprehensive review of the Impounding Act 1993 in…
On 20 May 2022, the Independent Commission Against Corruption (‘ICAC‘) released its report on the investigation (‘Operation Ember‘) into the awarding of contracts by employees of the former NSW Roads and Maritime Services (‘RMS‘), which is now part of Transport…
On 7 March 2022, the Office of Local Government (‘OLG‘) released a new circular to councils regarding two new guidelines: the Public-Private Partnerships Guidelines (‘PPP Guidelines‘) and the Formation of Corporations and Entities (Section 358) Guideline. Although some interrelationship between two…
Reasonable Endeavours for Public Authorities
21 Feb, 2022
The decision of the Supreme Court in 123 259 932 Pty Ltd v Cessnock City Council (No 2) [2021] NSWSC 1329 is a reminder that public authorities should exercise caution when entering into contracts that require the authority to take reasonable action…
After little more than a week since its introduction, the National Parks and Wildlife Amendment Bill 2021 (‘Bill‘) has passed through the NSW Parliament. The Bill will change the way national parks and other terrestrial protected areas are managed in NSW,…
A recent case in the NSW Supreme Court highlights the complexity and need for diligence and caution regarding the execution and exchange of deeds, particularly in the context of property matters in general. Thorn Australia Pty Ltd v Centuria Property…
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…
Landowner’s consent is required for the making of a development application. It must be provided by the time a consent authority determines whether to grant development consent. It is also a recognised principle that when a consent authority grants development…
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…
Court clarifies the meaning of ‘pollution’ and finds civil liability for downstream erosion
3 May, 2021
Justice Preston, Chief Judge of the Land and Environment Court of New South Wales, recently issued judgment against the Sydney Water Corporation (Sydney Water) in proceedings brought by JK Williams Staff Pty Ltd (Williams) for the significant erosion of the…
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…