Monthly Archives: June 2018

Transitional Arrangements for Councils as Reserve Trust Managers

The provisions of the Crown Land Management Act 2016 (‘CLM Act’) which are not yet in force will commence operation on 1 July 2018 and the existing Crown Lands Act 1989 (‘Former Act’) will be repealed on that day. The CLM … Continue reading

Posted in crown land management | native title, local government | administrative law | 2 Comments

Enforcing the EPA Act – Information obtained under objection may be used for an investigative purpose

The Land and Environment Court (Court) has recently provided guidance on when evidence, compulsorily obtained under objection against self-incrimination, may then be further used to investigate and later prosecute breaches of the Environmental Planning and Assessment Act 1979 (Act).

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Abandonment of development standards – Relevance of previous consents

The Land and Environment Court recently considered the relevance of previous development consents on a site to the question of whether the floor space ratio (‘FSR’) standard was unreasonable or unnecessary in the circumstances of a fresh application for development … Continue reading

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The LEC orders 3 years imprisonment in first prosecution involving a ‘repeat waste offender’

Chief Justice Preston of the Land and Environment Court (Court) recently convicted Mr Dib Hanna Abdallah Hanna (Defendant) of 5 offences against the Protection of the Environment Operations Act 1997 (Act) for repeat waste offending, and sentenced the Defendant to … Continue reading

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WestConnex – Proposed compulsory acquisition notice ruled invalid

A notice for the proposed compulsory acquisition of land (PAN) required under the Roads Act 1993 for the WestConnex project has been ruled invalid by the Supreme Court. In addition to holding that the proposed acquisition notice failed to meet … Continue reading

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