Monthly Archives: October 2012

New Pool Rules for Councils

The Swimming Pools Amendment Act 2012 (the Amending Act) sets out a number of significant changes to the Swimming Pools Act 1992 (the Act) concerning the regulation of swimming pool safety in NSW.

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The death of Development Control Plans?

We have reported on the introduction of the Environmental Planning & Assessment Amendment Bill 2012 (Bill) in an earlier blog.  In this article I will address the significant changes to the provisions of the Environmental Planning & Assessment Act 1979 … Continue reading

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Penalty for Council’s water pollution offence

In Environmental Protection Authority v Queanbeyan City Council (No. 3) [2012] NSWLEC 220, the Land and Environment Court considered what was the appropriate sentence to impose in respect of an offence by  the Council of polluting waters under s120 of … Continue reading

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Proposed Amendments to the EPA Act

On 24 October 2012 the Environmental Planning and Assessment Amendment Bill 2012 (Bill) was introduced into the NSW Legislative Assembly. The Bill proposes a number of amendments to the Environmental Planning and Assessment Act 1979 (EPA Act). Amongst the proposed … Continue reading

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Judge rules on the ‘equivalent zone’ test in SEPP ARH

We  previously reported on a number of cases in which permissibility of boarding house development has turned on the question of the ‘zone equivalence’ test in cl5(1)(b)  of State Environmental Planning Policy (Affordable Rental Housing) (SEPP ARH).

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Court Not Bound by Council Notification Policy

In an interesting decision (V’landys v Land and Environment Court of NSW [2012] NSWLEC 218), Biscoe J has held that the Court is not bound to follow the Hunters Hill notification DCP policy where amendments are  made to a DA in … Continue reading

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Companion Animals Guidelines Updated

A revised version of the Guideline on the Exercise of Functions Under the Companion Animals Act (October 2012) has  been issued: http://www.dlg.nsw.gov.au/dlg/dlghome/documents/Forms/Guideline%20on%20the%20Exercise%20of%20Functions%20under%20the%20CAA%20-%20October%202012.pdf  

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Terms of s94 contributions plan incorporated into consent condition

Kempsey Shire Council v M A Roche Group Pty Ltd [2012]  NSWLEC 211 demonstrates that the Court may not only use external documents to aid in the interpretation of a development consent condition, but may also incorporate provisions of such documents into … Continue reading

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