Author Archives: dr lindsay taylor
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
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
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‘).
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
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
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
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
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
