Monthly Archives: November 2011

The end of the Councillor as MP?

The Division of Local Government in the Department of Premier and Cabinet has called for submissions in response to its Discussion Paper ‘Dual Roles: Councillors as Members of Parliament in NSW’, which it released on the 28th November 2011.

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Commonwealth approval to be required for certain mining operations

The Environment Protection and Biodiversity Conservation Amendment (Protecting Australia’s Water Resource) Bill 2011 was introduced into the Senate on 1 November 2011. The purpose of the Bill is to amend the Environmental Protection and Biodiversity Conservation Amendment Act 1999 (EPBC … Continue reading

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Validity of a condition development consent – underground cables

A recent decision of the NSW Court of Appeal –  Botany Bay City Council v Saab Corp Pty Ltd [2011] NSWCA 308 – held that a condition of development consent requiring  a developer to place telecommunications and electricity cables underground (Cabling … Continue reading

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Conflicting objectives and overlapping purposes – A recent case looks at permissibility under Local Environment Plans

In a recent decision – Abret Pty Ltd vWingecarribee Shire Council [2011] NSWCA 107 – the News South Wales Court of Appeal  has considered the role of objectives in local environment plans as well as how to determine the permissibility of developments with multiple and … Continue reading

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Recent case on exercise of power to grant consent and validity of public notices

A recent decision of the NSW Land and Environment Court – Brown v Randwick City Council [2011] NSWLEC 172 – has found both a development consent granted by the Council, and a public notice of the grant of consent to be … Continue reading

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Commencement of expanded protection to whistleblowers

In a previous post on this site (which can be accessed here) , we discussed the proposed changes to the Public Interest Disclosures Act 1994 (PID Act) which will expand protection to whistleblowers in relation to local government matters. Most … Continue reading

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NSW Planning Review

As part of the NSW Planning System Review, submissions are being encouraged from members of the public and community groups in four key areas:

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