Monthly Archives: October 2015

Public exhibition of proposed changes to the Standard Instrument

The public exhibition and submission period for the NSW Government’s proposed changes to the Standard Instrument – Principal Local Environmental Plan (Standard Instrument LEP) commenced on 20 October 2015.

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No 30 day time limit on legal challenges to rates notices

The Court of Appeal has considered the scope of the rates exemption for bodies claiming to be charities and, significantly for councils, whether challenges to rates notices must be commenced within 30 days of receipt of the notice.

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Public exhibition of proposed changes to the Exempt and Complying Development SEPP

The NSW Government’s proposed amendments to the State Environmental Planning Policy (Exempt and Complying Development) 2008 (Exempt and Complying Development SEPP) are open to community comment with the public exhibition and submission period commencing 19 October 2015.

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The governance & probity framework for voluntary planning agreements in NSW

As noted in the previous post titled “Voluntary Planning Agreements in NSW – Ten Years On”, dated 12 July 2015, voluntary planning agreements (‘VPAs’) under s93F of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) have become an important planning tool … Continue reading

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Recovery of development servicing charges as a fee for service under the Local Government Act 1993

A recent case indicates that councils which are also water supply authorities may require development servicing charges (DS Charges) to be paid as a fee for services under s608 of the Local Government Act 1993 (LG Act) as an alternative to requiring them to … Continue reading

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High Court upholds the validity of NSW laws prohibiting developers from making political donations

On 7 October 2015, a majority High Court bench dismissed the challenge to NSW electoral laws which impose caps on, and prohibit property developers from making, political donations.

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Parliament passes legislation to strengthen and tighten ICAC

The NSW Parliament has enacted legislation which amends the  Independent Commission Against Corruption Act 1988 (ICAC Act). The Independent Commission Against Corruption Amendment Act 2015 (Amendment Act) was assented to and commenced on 28 September 2015. The Amendment Act clarifies the jurisdiction and powers of … Continue reading

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