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Tribunal affirms council decision not to release names of signatories of a letter to the mayor
The Appeal Panel of the NSW Civil & Administrative Tribunal in Moree Plains Shire Council v Howlett [2022] NSWCATAP 221 has allowed an appeal by the Council against the Tribunal’s decision to release information in a letter to the Council’s…
OLG seeks consultation to finalise new laws on unattended property
On 13 July 2022, the Office of Local Government (‘OLG‘) issued Circular No. 22-19 to commence the consultation process on preferred options for regulations to support the new Public Spaces (Unattended Property) Act 2021 (NSW) (‘PSUP Act‘), which are contained…
When is an application for administrative review unreasonably out of time?
The NSW Civil & Administrative Tribunal has handed down two decisions recently which illustrate when an application for administrative review will be thrown out for being unreasonably out of time. The cases illustrate the importance of calculating limitation periods both…
Tendering Exemption Threshold Increases for Natural Disaster Recovery
The Local Government (General) Amendment Regulation 2022 (NSW) (Amendment Reg) commenced on 10 June 2022. It inserts a new section 170A into the Local Government (General) Regulation 2021 (NSW) (LG Reg). The new section increases the tendering exemption threshold for…
ICAC Report: Investigation into the Former NSW Roads and Maritime Services
On 20 May 2022, the Independent Commission Against Corruption (‘ICAC‘) released its report on the investigation (‘Operation Ember‘) into the awarding of contracts by employees of the former NSW Roads and Maritime Services (‘RMS‘), which is now part of Transport…
OLG Circular: Proposed Amendments to the Standard Contract of Employment for Local Council General Managers
On 17 May 2022, the Office of Local Government (‘OLG‘) issued Circular No. 22-12 (‘Circular‘) in response to recommendations made by the Independent Commission Against Corruption (‘ICAC‘) as a result of its investigation of the former Canterbury City Council (‘Operation…
What is “suitable vehicular access” where it involves neighbouring land?
In a recent decision of the Land and Environment Court, the phrase “suitable vehicular access” was considered in the context of a residential development that required access over neighbouring land. In the matter of Fitton v Central Coast Council, where…
COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022
UPDATE: this post was updated on 30 March 2022 to reflect the Bill’s assent on 24 March 2022. In response to the COVID-19 pandemic, the NSW Government implemented a number of regulatory measures on a temporary basis. On 15 February…
The use of evidence that may incriminate – Investigative powers under the POEO Act considered by the Court
In a recent decision of the NSW Land and Environment Court (Court), the Court considered how investigative powers under the Protection of the Environment Operations Act 1997 (POEO Act) can be used to gather a broad range of evidence and…
Update – New Planning Minister and Planning Secretary for New South Wales
On 20 December 2021, NSW Premier Dominic Perrottet revealed the second Perrottet ministry for the State government. The details of the updated cabinet have been published in a Government Gazette which can be accessed here. This major cabinet reshuffle marks…
UPDATE: COVID-19 Pandemic Arrangements Policy – Land and Environment Court
The Land and Environment Court of NSW (‘Court’) has updated its COVID-19 Pandemic Arrangements Policy (‘Policy’). The Policy commenced Wednesday, 1 December 2021 and replaces the previous policy made on 6 April 2021. A summary of the key changes are…
Changes to Compliance Cost Notices and Compliance Levies
On 27 October 2021, the Environmental Planning and Assessment Amendment (Compliance Cost Notices) Regulation 2021 (Amendment) commenced with the purpose of simplifying compliance cost notices (CCN’s). The Amendment has been introduced as a result of council feedback that CCN’s were…
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