Monthly Archives: February 2012

Landholder convicted for unlawful clearing of native vegetation

Walker Corporation Pty Ltd (Walker) was charged with clearing of native vegetation otherwise than in accordance with a development consent granted under the Native Vegetation Act 2003 (NV Act) or a property vegetation plan. Preston CJ delivered a judgment in … Continue reading

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Court considers scope of exceptions to tendering requirements

The Land and Environment Court of NSW has recently handed down a decision in SOCARES Support Group Inc v Cessnock City Council [2012] NSWLEC 23 in which the Court considered the “extenuating circumstances” and “unavailability of competitive or reliable tenders” … Continue reading

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Removal of barrier to carrying out educational establishment developments

Councils should note that the State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) was amended on 17 February 2012 so that any person can carry out development for the purpose of a new educational establishment with consent in certain prescribed zones.

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Upcoming changes to statutory declarations and affidavits

Amendments to the Oaths Act 1900 by the Identification Legislation Amendment Act 2011 beginning on 30 April 2012, means that there will be additional requirements to confirm the identity of persons when taking and receiving statutory declarations and affidavits.

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The Administrative Decisions Tribunal considers GIPA…

On 22 December 2011, Judicial Member Molony delivered his decision in the case of Hurst v Wagga Wagga City Council [2011] NSWADT 307 concerning review of a decision of the Wagga Wagga City Council under the Government Information (Public Access) … Continue reading

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Commonwealth grant funding, Councils and the Constitution

In a pragmatic final report by the Federal Government’s Expert Panel on the Constitutional Recognition of Local Government published in December 2011 (Report), the panel recommends a minimalist change to the Constitution at a referendum in 2013 which would overcome … Continue reading

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Council’s Attempt to Avoid S94 Contributions Cap Thwarted by Court

Introduction In North Western Surveys Pty Limited v Penrith City Council [2012] NSWLEC 1017, Dixon C in the Land and Environment Court upheld an appeal by a developer against development consent conditions imposed by the Council that the Court held … Continue reading

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‘Paper subdivisions’ – A step closer

The Planning Minister today issued a media release regarding ‘paper subdivisions’. This follows on from the release for comment of draft amendments to the Environmental Planning & Assessment Regulation 2000 (EPA Reg) dealing with ‘paper subdivisions’. ‘Paper subdivisions’ are not … Continue reading

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Section 79C consideration of matters not covered by the description of development in a development application

In Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349, the NSW Court of Appeal  upheld a challenge to the validity of a development consent and made some interesting findings about the consent authority’s obligation to … Continue reading

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