Author Archives: dr lindsay taylor

About dr lindsay taylor

Senior Partner. Lindsay is one of the leading planning, environment and local government lawyers in New South Wales with 25 years' specialist practice experience. During his career, Lindsay has worked within the legal branch of the Department of Planning and as in house solicitor for 2 metropolitan Sydney Councils. He has also spent 10 years as a partner in one of Australia's leading law firms, and was the transnational director of that firm's Planning, Environment and Local Government Law practice. Lindsay has extensive experience in planning and development law. He acts for a broad range of public and private sector clients on a range of matters, including major land release and development projects. He has unique expertise and experience relating to development contributions and planning agreements as well as climate change and ecologically sustainable development. Lindsay holds a PhD in law and economics from Macquarie University for a thesis which analysed the system of development contributions in New South Wales.

Overview of Proposed 2018 Native Title Reforms

In November 2018, the Commonwealth Attorney-General’s Department and the Minister for Indigenous Affairs released exposure draft legislation which proposed reforms to the native title system under the Native Title Act 1993 (Cth). The two exposure drafts, the Native Title Amendment … Continue reading

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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

Posted in development contributions | planning agreements | value capture, enforcement | compliance | Leave a comment

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‘).

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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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Auditor-General’s Local Government Sector-Wide Audit Reports in 2018

At the end of June 2018, the Audit Office of New South Wales published the third  in a series of sector-wide financial and performance audit reports of councils in New South Wales by the Auditor-General. The reports were published between … Continue reading

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EPA Act Amendments – VPA preconditions no longer a restriction on issuing of occupation certificates

A small but significant change to the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) will take effect on 1 September 2018 removing a restriction on the issuing of occupation certificates where a precondition to the issuing of the certificate contained in … Continue reading

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Court refuses proposal to dedicate land in lieu of s94 monetary contributions

In the recent case of McCloy Teralba v Lake Macquarie City Council [2017] NSWLEC 1752 the Land and Environment Court refused to allow a development consent to be modified under s96 of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) by replacing … Continue reading

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ALERT – Environmental Planning and Assessment Amendment Bill 2017 passed by Parliament

The Environmental Planning and Assessment Amendment Bill 2017 (‘Bill‘) was today passed by the Legislative Assembly. This follows the passage of the Bill through the Legislative Council on Tuesday. The Bill now awaits Royal Assent.  Section 2 of the Bill provides that the new … Continue reading

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ALERT – Amendments to the EP&A Act – Environmental Planning and Assessment Amendment Bill 2017

On 18 October 2017, the NSW government introduced the Environmental Planning and Assessment Amendment Bill 2017 (‘Planning Bill‘) into Parliament.  The Planning Bill substantially amends the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) in a number of important respects. This blog takes a … Continue reading

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ALERT – Consultation Draft of revised Model Code of Conduct for Local Councils in NSW released today for public comment

The Office of Local Government (OLG) has today issued consultation drafts of a revised Model Code of Conduct for Local Councils in NSW (Model Code) and revised Procedures for the Administration of the Model Code for Local Councils in NSW (Code Procedures), both … Continue reading

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