Monthly Archives: March 2011

Changes to the Standard Instrument

The Department of Planning has now published a planning circular describing the changes made to the Standard Instrument on 25 February 2011. On 25 June 2011, the amendments to the mandatory provisions of the Standard Instrument will be incorporated into … Continue reading

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S94 Contributions Plans – Departmental Requirements, Circulars & Practice Notes

Increasingly, it seems, the NSW Department of Planning requires councils to submit draft contributions plans to the Department or IPART for approval before being made. However, no such requirements are imposed on councils by the EPA Act or the EPA Regulation.

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Compliance Cost Notice Provisions Have Commenced

Councils and other issuing authorities may now recover their reasonable costs of monitoring and ensuring compliance with orders given under s121B of the Environmental Planning and Assessment Act 1979. The amendments commenced on 25 February 2011. To recover these costs, … Continue reading

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Increased Protection For Whistleblowers

A broad range of amendments to the newly named Public Interest Disclosures Act 1994 (Act) (previously the Protected Disclosures Act 1994) have been made which will broaden the scope of protection given to people wishing to make disclosures about conduct in … Continue reading

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Publicly Discriminating: Disability Discrimination Applies To More Areas Than You Think

One of the aspects of a council’s charter is to exercise its functions in a manner that is consistent with and promotes social justice principles of equity, access, participation and rights (s8 Local Government Act 1993).  An essential element of … Continue reading

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Proposed Expansion Of General Exempt Development Code

The Department of Planning is proposing to expand the range of signs that do not require development approval if certain standards are met. A discussion paper has been released by the Department, seeking feedback on the proposed classification of a … Continue reading

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Easier Access To Agendas And Minutes Of Closed Part Of Council Meetings

The Government Information (Public Access) Act 2009 (GIPA Act), has made it easier for a person to access local councils’ agendas, business papers and minutes of closed parts of council meetings. This is because the GIPA Act states that there is … Continue reading

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The No Man’s Land of s94 Contribution Planning

The NSW Government is now in caretaker mode pending the election on 26 March 2011. It has gone to the election without new Part 5B of the Environmental Planning and Assessment Act 1979 having commenced. Part 5B is set out in … Continue reading

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Court of Appeal Straightens-Up s94 Credit Analysis

On 18 February 2011, the NSW Court of Appeal (Tobias, Campbell, Macfarlan JJA) delivered an important decision on how credits under s94 of the Environmental Planning and Assessment Act 1979 should be calculated for residential development on land historically used … Continue reading

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