Monthly Archives: September 2018

Existing use rights – what land do they attach to and which controls apply?

The Land and Environment Court (LEC) has recently considered what land can be considered to have the benefit of existing use rights and the application of development standards and controls in development control plans (DCPs) in the merit assessment of … Continue reading

Posted in planning | development | Comments Off on Existing use rights – what land do they attach to and which controls apply?

Amendments to Standard Instrument retail land use definitions

Earlier this year we blogged on the public exhibition of proposed amendments to the retail land use definitions in the Standard Instrument (Local Environment Plans) Order 2006 (Standard Instrument) here. New or revised definitions came into effect on 27 July and  … Continue reading

Posted in planning | development | Comments Off on Amendments to Standard Instrument retail land use definitions

Executive liability – who it captures, and what can be done to avoid it

The issue of executive liability is an important topic for directors or persons concerned in the management of corporation who may be liable for the offences of a corporation. This article briefly examines the basis for liability including liability for … Continue reading

Posted in environment | natural resources | climate change, local government | administrative law | Tagged , , , , | Comments Off on Executive liability – who it captures, and what can be done to avoid it

New GIPA Regulation 2018: Open Access Information of Councils Changed

The Government Information (Public Access) Regulation 2018 (GIPA Reg 2018) commenced on 1 September 2018. The GIPA Reg 2018 repealed and replaced the  Government Information (Public Access) Regulation 2009 (GIPA Reg 2009). The main difference between GIPA Reg 2018 and its … Continue reading

Posted in local government | administrative law | Comments Off on New GIPA Regulation 2018: Open Access Information of Councils Changed

UPDATE – Prescribed Model Code of Conduct for Local Councils in NSW released

On 3 September 2018 the Minister for Local Government (Minister) released the 2018 Model Code of Conduct for Local Councils in NSW (Code), and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (Code Procedures). … Continue reading

Posted in local government | administrative law | Tagged | Comments Off on UPDATE – Prescribed Model Code of Conduct for Local Councils in NSW released

‘Concession’ from the EPA removes controversy before Court of Appeal

We previously blogged on the refusal of the Land and Environment Court (LEC) to declare that information compulsorily obtained under the Protection of the Environment Operations Act 1997 (Act) would not be used in a prosecution against a Company’s executives (Executives) for special … Continue reading

Posted in environment | natural resources | climate change | Comments Off on ‘Concession’ from the EPA removes controversy before Court of Appeal