Monthly Archives: August 2012

Update on equivalent zones under the Affordable Rental Housing SEPP

In our previous post on 28 June (Uncertainty about “equivalent zones” under the Affordable Rental Housing SEPP), we advised that two Commissioners of the Court had taken a different approach to that of  Commissioner Tuor in relation to the question … Continue reading

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‘Non-pecuniary’ conflicts of interest – abstain or explain…

A recent case in the Supreme Court of New South Wales has highlighted the importance of avoiding or managing non-pecuniary conflicts of interests. Although the case involved a councillor, all persons bound by the Code of Conduct, including council staff and … Continue reading

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Streamlining of Transitional Part 3A Project Assessments

We reported previously on the revised arrangements for Transitional Part 3A Projects. The government has made some further (pragmatic) amendments by the Environmental Planning and Assessment Amendment (Transitional Part 3A Projects) Regulation 2012 (Regulation).

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Local Government Legislation Taskforce Announced

The NSW Minister for Local Government has announced the establishment of the Local Government Acts (LGA) Taskforce.

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General Managers turned whistleblowers and the Public Interest Disclosures Act 1994

Since 1994 public officials who make allegations of corrupt conduct have been able to seek protection for their whistleblowing activity under the Public Interest Disclosures Act 1994 (PD Act). Section 20 of the Act gives protection to a whistle-blower against … Continue reading

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Determining market value of land zoned for a public purpose

A recent case has succinctly set out the steps to be followed to determine the market value of land zoned for a public purpose, and the compensation payable for the acquisition of that land under the Land Acquisition (Just Terms … Continue reading

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Exposure Draft of Boarding Houses Bill 2012

The Government has published its exposure draft of the Boarding Houses Bill 2012 (draft Bill) and invites submissions to be made on it until 10 August 2012. Councils will be interested in the draft Bill as, if enacted, it would … Continue reading

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Do s101 notices provide any protection?

Section 101 of the Environmental Planning & Assessment Act 1979 (EPA Act) states that proceedings to challenge the validity of a development consent cannot be commenced more than 3 months after public notice of the grant of the consent has … Continue reading

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Development Contributions & The Carbon Tax

In simple terms, the mechanisms established by the Clean Energy Act 2011 (Cth) to deal with climate change include establishing thresholds for greenhouse gas emissions and imposing unit shortfall charges measured in carbon units for emissions that exceed the threshold. This is what is commonly referred … Continue reading

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