Tag Archives: lg act

Land Rating – When is land used ‘for’ residential accommodation?

A recent decision of the NSW Court of Appeal deals with whether land being developed for the purpose of residential apartments can be categorised as ‘residential’ for rating purposes under s516 of the Local Government Act 1993 (LG Act).

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Acting under delegation – Do you have the power?

The Courts are often required to consider the validity of decisions made pursuant to delegated authority. A recent decision of the Land and Environment Court provides an example of the difficulties which may arise when the terms of an instrument … Continue reading

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Local Government Act Phase 1 Amendments in force

On 30 August 2016 the Local Government Amendment (Governance and Planning) Act 2016  (Amendment Act) was made and the majority of its provisions are now in force. This blog sets out which provisions are in force or will shortly commence operation, and … Continue reading

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Forming a contract in the context of a Council tender – offer and acceptance

The recent New South Wales Court of Appeal (‘Court‘) decision in Secure Parking Pty Ltd v Woollahra Municipal Council [2016] NSWCA 154, is one of the few cases which deals with the creation of a contract in the context of Part 7 of … Continue reading

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Local Government Amendment (Governance and Planning) Bill 2016

The Local Government Amendment (Governance and Planning) Bill 2016 (‘Governance and Planning Bill‘) was introduced into Parliament on 22 June 2016.  The Governance and Planning Bill is the first phase of the Government’s  broader reform of the Local Government Act 1993 … Continue reading

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New Councils – Transfer of Assets, Rights and Liabilities

My previous article (19 new amalgamated Councils for NSW),  focused on material operational matters for those new Councils created by the Local Government (Council Amalgamations) Proclamation 2016 and the Local Government (City of Parramatta and Cumberland) Proclamation 2016 of 12 … Continue reading

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Local Government and Elections Legislation Amendment (Integrity) Bill 2016 introduced

The Bill was introduced into the Legislative Assembly, yesterday 21 June 2016, addressing further governance issues relating to the disclosure of pecuniary interests and political donations in local government. The bill proposes the following:

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Coastal Management Bill 2016 – Introduced into Parliament

The Government has taken its next step in implementing its reform package for the management of the NSW coastline by introducing the Coastal Management Bill 2016 (Bill) into Parliament. The Bill, once it commences, will replace the current Coastal Protection Act 1979 (CP Act).

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Pecuniary interest disclosures – NCAT reinforces high probity requirements

The NSW Civil and Administrative Tribunal (‘Tribunal‘) has  recently  upheld an earlier decision of the Local Government Pecuniary Interest Tribunal (‘PIT‘) holding that the Deputy Mayor of Auburn City Council breached the pecuniary interest provisions of the Local Government Act … Continue reading

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Councillor misconduct reforms to Local Government Act commence

The Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (‘Amending Act‘) commenced on 13 November 2015, introducing a host of changes to the Local Government Act 1993 which, according to the Minister, are designed to build on earlier reforms by … Continue reading

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