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Characterisation of agricultural land uses involving cultivation and processing – a reminder of the principles
Introduction In a recent decision, the NSW Court of Appeal once again considered the correct approach to the characterisation of land uses, in this case concerning agriculture. The Court dismissed an appeal from a judgment of the Land and Environment…
Inquiry into ‘Zombie Developments’ in NSW & Call for Submissions
Yesterday, the NSW Legislative Assembly Committee on Environment and Planning announced a call for submissions as part of the Committee’s inquiry into historical development consents in New South Wales (Inquiry). Historical development consents have recently been termed ‘zombie developments’ and…
Bill to Increase Penalties for POEO Act Offences & Give Additional Powers to the EPA Introduced into NSW Parliament
Yesterday, the NSW Government introduced the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 (Bill). The Bill proposes the most significant amendment to the Protection of the Environment Operations Act 1997 (POEO Act) since its commencement. The Bill is intended…
Do special executive liability provisions extend to council officers?
In a recent NSW Land and Environment Court decision, the Court rejected an appeal against a decision of the Local Court to stay a prosecution against a former General Manager of a regional Council. In doing so, the Court took…
Employment law: what is a ‘reasonable’ period of probation?
For the first time in the context of a local council, the recent decision of the NSW Industrial Relations Commission (IRC) in Shrestha v City of Ryde Council [2024] NSWIRComm 1005 has considered the interactions between differing lengths of probationary…
ALERT: Statutory Review of Crown Land Management Act 2016 – Key Issues to Consider
As part of a 5-year statutory review, the Department of Planning, Housing and Infrastructure has been appointed to review the Crown Land Management Act 2016 (CLM Act). During its review, it has released a discussion paper seeking input from stakeholders….
Interim Heritage Orders: When is an Item ‘likely to be harmed’?
Interim Heritage Orders (‘IHOs‘) are orders commonly made by local councils to preserve the status quo in respect to items of potential heritage value which are not formally protected as heritage items. In certain circumstances, IHOs can be a potentially…
Unreasonable conduct results in the burdened landowner paying costs in s88K proceedings
Introduction The Supreme Court has the power to grant easements if the easement is “reasonably necessary for the effective use or development of other land that will have the benefit of the easement”: s 88K(1) of the Conveyancing Act 1919…
NCAT Affirms decision of the Commissioner for Fair Trading to disqualify a Registered Certifier for 10 years
The NSW Civil and Administrative Tribunal recently affirmed a decision by the Commissioner for Fair Trading (Commissioner) to cancel a certifier’s accreditation and disqualify him for being registered for a period of 10 years. The Commissioner’s decision followed several instances…
The need for owner’s consent where a public authority is developing Crown land
It is well established that before a consent authority has the power to grant development consent, the owner of the land on which the development is to take place must give consent to the lodgment of the development application. If…
Key findings: ICAC Annual Report 2022-2023
The Independent Commission Against Corruption (the Commission) has published its annual report for the year 2022-23 (the Report), outlining the nature of complaints received and their investigative processes. The Report reflects a substantial increase in complaints reported to the Commission by…
Overview of Revised NSW Local Planning Agreements Practice Note
The Department of Planning and Environment is publicly exhibiting a document titled ‘Local infrastructure contributions practice notes‘ (Draft VPA Practice Note) as part of its set of new infrastructure contribution practice notes. The Department is seeking feedback until Friday 23…
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