Author Archives: katie mortimer

About katie mortimer

Katie Mortimer is a Lawyer with Lindsay Taylor Lawyers. Prior to joining LTL Katie gained significant civil and criminal experience in the NSW Local and District Courts, acting primarily for defendants. However, her work at LTL allows her to practice in her true area of passion: environmental planning law.

Coastal Reforms Transitional Provisions – Coastal Management SEPP

The coastal reforms comprising the State Environmental Planning Policy (Coastal Management) 2018 (CM SEPP) and the Coastal Management Act 2016 (Act) commenced on 3 April 2018. These reforms repealed the Coastal Protection Act 1979 (Former Act). However, the Act and CM SEPP do not automatically … Continue reading

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Conciliation agreements – Commissioners must give reasons

A development consent granted by a Land and Environment Court Commissioner following a s34 conciliation conference has been set aside by the Court of Appeal because the Commissioner failed to give reasons evidencing her satisfaction as to the legal prerequisites … Continue reading

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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

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‘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

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ALERT: Further postponement of revised building and subdivision certificate provisions of the EPA Act

Today, the Department of Planning and Environment (DPE) announced that the commencement of Part 6 of the Environmental Planning and Assessment Act 1979 (EPA Act), that deals with building and subdivision certification, will be further postponed until 1 September 2019. This … Continue reading

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Changes to the Roads Act by the new Crown Lands Legislation

When the Crown Land Management Act 2016 (CLM Act) commenced in full on 1 July 2018, provisions relating to Crown roads and public roads in the Roads Act 1993 (Roads Act) were amended. Significantly, the Roads Act now distinguishes between ‘council public roads‘, … Continue reading

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New Housing Codes Commence

On 6 July 2018 the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) was amended to include the Low Rise Medium Density Housing Code (MDH Code) and the Greenfield Housing Code (GH Code). Consequential amendments were also made to the Environmental Planning … Continue reading

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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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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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Back to BASIX, Part 2 – Boarding house rooms may constitute separate dwellings

Last year we discussed what constitutes BASIX affected development and questioned whether boarding house rooms are capable of constituting separate dwellings, therefore making a boarding house a BASIX affected building (see our previous blog). The Land and Environment Court (Court) … Continue reading

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