Monthly Archives: April 2018

Amendment of Minimum Subdivision Lot Size clauses in the Standard Instrument

The Standard Instrument – Principle Local Environmental Plan (‘Standard Instrument‘) has been amended to clarify that the minimum lot size development standard does not apply to either the subdivision of land by the registration of strata or community plans, or the subdivision … Continue reading

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Hypothetical proceedings no excuse for non-compliance with a notice

The Land and Environment Court (‘Court‘) recently considered whether the Environment Protection Authority (‘EPA‘) should be required to provide an undertaking that any information provided by a Company’s Director and Managers (‘Applicants‘) in response to a notice to answer questions … Continue reading

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Can an unrepresented litigant claim costs for out of pocket expenses in legal proceedings?

In Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 41, the Appeal Panel of the NSW Civil and Administrative Tribunal (‘Appeal Panel‘) considered an application for costs brought by two unrepresented litigants (‘the Thorpes‘) to recoup their out of pocket … Continue reading

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Recovery of costs under the POEO Act by Public Authorities

The NSW Court of Appeal (‘Court‘) recently determined an appeal from the Land and Environment Court (‘LEC‘), where it was argued that Kempsey Shire Council (‘Council‘) was not entitled to recover its clean-up costs under the Protection of the Environment … Continue reading

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State Government Expands Complying Development

During 2017 the State Government proposed 2 new codes to expand the range of development which could be carried out as complying development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) . The amendments to the … Continue reading

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ALERT – The Coastal Management Act 2016 & Coastal Management SEPP have commenced

The Coastal Management Act 2016 (Act) and State Environmental Planning Policy (Coastal Management) 2018 (Coastal Management SEPP) commenced on 3 April 2018. The Act has repealed the Coastal Protection Act 1979 (Former Act), and implements the coastal reforms first proposed by the NSW … Continue reading

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