Monthly Archives: September 2015

Amendments to flood work approvals regime

Amendments were made to the Water Act 1912 (Water Act), Water Management Act 2000 (WM Act) and Water Management (General) Regulation 2011 (WM Regulation)  on 18 September 2015 in relation to the regime for flood work approvals. Of primary interest to councils is the introduction … Continue reading

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Risk Warning Signs – Enter at Your Own Risk

Councils can take some comfort regarding the effectiveness of general risk warning signs as a result of the decision of the Court of Appeal in Sharp v Parramatta City Council [2015] NSWCA 260.

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Considering cumulative environmental impacts – Tasmanian Devils and mining

Vulture Mineral Ltd’s controversial iron ore mine in the Tarkine region of north-western Tasmania has been given the go-ahead by the Full Federal Court of Australia. The Court’s decision in Tarkine National Coalition v Minister for the Environment [2015] FCAFC 89 … Continue reading

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Court upholds Council’s right to seek remedial orders by class 4 proceedings following a criminal prosecution

In a recent decision of the Land and Environment Court, Justice Craig held that a Council, dealing with unlawful development contrary to the Environmental Planning and Assessment Act 1979 (EPA Act), is not required to choose between a criminal prosecution for the breach, … Continue reading

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Agent or Delegate? Court of Appeal overturns De Angelis v Pepping.

The NSW Court of Appeal has overturned the Land and Environment Court’s finding that a council officer had the authority, as an agent of the council, to sign an instrument amending that council’s local environmental plan, so as to rezone … Continue reading

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