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Monthly Archives: March 2017
New Practice Note for Class 1 Development Appeals
The Land and Environment Court has issued a new Practice Note for the conduct of class 1 development appeals. Parties need to familiarise themselves with the altered arrangements as the Practice Note imposes new obligations on parties, some of which are more onerous. … Continue reading
Posted in planning | development
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Opening the (flood) gates to liability for roads authorities
In a recent decision of the Supreme Court of NSW, a roads authority was found liable in negligence when a local resident, walking his dogs at night on a poorly lit roadside verge in a suburban area, fell over the … Continue reading
Posted in local government | administrative law
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Council clean-up of polluted sites – lessons for recovering costs
Recent decisions of the Land and Environment Court show that public authorities, including local councils, can pursue individual directors to recover their clean-up costs where a corporation is deregistered.
Posted in environment | natural resources | climate change, local government | administrative law
Tagged enforcement, land & environment court, poeo act, pollution & contamination
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A suspended custodial sentence for contempt of planning law orders
The Land and Environment Court has taken the rare step of sentencing an individual to a 10 month custodial sentence for contempt of the court’s orders. The orders required the use of premises as a boarding house to cease. But … Continue reading
Posted in planning | development
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New Planning Laws for NSW – public consultation period extended
As previously reported, the exposure draft of the Environmental Planning & Assessment Amendment Bill 2017 (Amendment Bill) is available for public consultation. It was released on 10 January 2017.
Posted in planning | development
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