Author Archives: katie mortimer
Councils’ use of EPA Act Investigative Powers clarified by the Court of Criminal Appeal
In a significant judgment, the Court of Criminal Appeal (Court) has clarified the use of local councils’ investigative powers under s9.22 of the Environmental Planning and Assessment Act 1979 (Act). The Court ruled on when notices to answer questions and produce … Continue reading
The Meaning of ‘Land’
Two recent Land and Environment Court decisions have considered what constituted the land on which a heritage item is situated, and what constituted the land on which an extractive industry was being carried out. The cases remind us that the Court will not consider … Continue reading
UPDATE – New Model Code of Conduct and Procedures & Model Code of Meeting Practice Prescribed
On 14 December 2018 the Model Code of Meeting Practice for Local Councils, 2018 Model Code of Conduct and 2018 Procedures for the Administration of the Model Code of Conduct were prescribed. Council’s previous codes are saved until 14 June … Continue reading
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 These reforms repealed the Coastal Protection Act 1979 (Former Act).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
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
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
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
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
