Author Archives: frances richards
Joint procurement of waste management services by councils
The Australian Competition and Consumer Commission (ACCC) recently issued determinations under the Competition and Consumer Act 2010 (Cth) (the CC Act) authorising certain councils to jointly procure waste management services.
Securities for enforcement of planning agreement and consent obligations
The Department of Planning and Environment has indicated that it is updating its policies and procedures for the safekeeping, release and monitoring of financial securities for enforcement of obligations under conditions of development consent and planning agreements (PA’s). It has also … Continue reading
ICAC – new guidelines for direct negotiations
The NSW Independent Commission Against Corruption has published new guidelines for public sector organisations ‘Direct negotiations: guidelines for managing risks‘ (‘2018 Guidelines‘). The 2018 Guidelines replace the guidelines published by the Commission in 2006 (‘2006 Guidelines‘).
Complying development certificate for dwelling found invalid for lack of retaining wall certification
The Building Professionals Board (‘BPB‘) recently investigated a complying development certificate (‘CDC‘) issued by an accredited certifier for the erection of a dwelling. The CDC was issued without an engineer’s certificate for a retaining wall to support the excavation for … Continue reading
Public Sector Agencies’ – Civil Liability for Child Abuse
On 26 October 2018 the NSW Parliament passed legislation to introduce a statutory duty on both public sector agencies and private organisations to prevent the abuse of children.
Is it a bird or is it a plane? – the use of drones for enforcement activities
In September 2018 the Department of Planning and Environment (‘DPE’) released guidelines for the DPE compliance unit for the operation of remotely piloted aircraft , also known as drones or unmanned aircraft (‘Drones’) in compliance and enforcement functions.
Western Sydney Airport – development in protected airspace
The protected airspace for Western Sydney Airport was declared under the Airports Act 1996 (Cth) and the Airports (Protection of Airspace) Amendment Regulation 1996 (Cth) on 19 October 2017. Development that infringes on protected airspace may require approval from the Australian … Continue reading
Inland Code for exempt and complying development
The NSW Department of Planning & Environment (‘DPE’) has announced that in regional NSW, approvals for new homes, home renovations and farm buildings will be made easier and faster when the Inland Code commences on 1 January 2019.
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
Local government child protection compliance obligations
On 23 June 2018 the NSW Government responded to the Royal Commission into Institutional Responses to Child Sex Abuse. The responses announced include committing to applying child safe standards to make institutions safer for children. Councils provide services for children … Continue reading
