Monthly Archives: April 2014

Court upholds Warkworth mine extension refusal – Immediate and some long term implications

Following on from our earlier post which can be found here, the Court of Appeal’s decision in Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105 not only finds that there was no legal error in Preston CJ’s  decision … Continue reading

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LTL: Introducing Carlo Zoppo

July 2014 marks LTL’s 10th anniversary. As we approach that milestone, we are in the process of some exciting developments which are designed to ensure that we continue to deliver on our longstanding commitment to provide our clients with specialist legal services … Continue reading

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Certificates of title to be a creature of the past – or so it seems …

Proof of ownership of land is not the certificate of title (CT). Rather, it is the recording in the Registrar General’s folio.  The CT is, if you like, merely a memo recording what exists on the folio of the Register, the latter … Continue reading

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Compensation for relocation costs when land is compulsorily acquired

Whether ‘relocation’ costs are payable as a ‘loss attributable to disturbance‘ following the compulsory acquisition of land, depends on whether the market value of the land is assessed based on a use of land that is different to the purpose … Continue reading

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Planning principles update – Landscaping principles MIA

Two planning principles have recently been removed from the list of principles published on the Land and Environment Court website, both with respect to landscaping. However, it seems that the principles still exist and can be referred to.

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Court of Appeal upholds refusal to approve Warkworth mine extension

The Court of Appeal in Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc [2014] NSWCA 105 has today dismissed an appeal against a Land and Environment Court judgement that refused project approval to extend the Warkworth mine located in the … Continue reading

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Correction to Earlier Blog – Swimming Pools Act: Deadline Postponed

On 1 April 2014 I published a blog Swimming Pools Act: The Deadline Postponed.  The blog advised that Councils had another 12 months in which to implement their inspection program and to establish their mandatory program of review of tourist, … Continue reading

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Swimming Pools Act: The Deadline Postponed

Numerous incidents over the years involving the tragic drowning of small children in backyard pools led the State Government in 2012 to amend the Swimming Pools Act 1992 (Act).  The main changes strengthen compliance conditions for child proof fencing and child … Continue reading

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