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
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
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
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 The GIPA Reg 2018 repealed and replaced the Government Information (Public Access) Regulation 2009 (GIPA Reg 2009).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
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
‘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
