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Council Venue Cancellations Arising from COVID-19 – Applicable Contract Law Principles
The Public Health (COVID-19 Mass Gatherings) Order 2020 (‘Order‘), made under section 7 of the Public Health Act 2010 (NSW) took effect at 5pm on 18 March 2020. The Order prohibits gatherings of 500 or more people in ‘a single…
Court reduces monetary contribution for material public benefit required by works condition of consent
In the recent case of Beaini Projects Pty Ltd v Cumberland Council [2019] NSWLEC 1547, the Land and Environment Court used its power under s 7.13(3) of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) to amend a condition…
OLG Circular: Council Disciplinary Powers under the Model Code of Conduct Procedures
On 2 October 2019, the Office of Local Government (‘OLG‘) issued Circular No 19-25 (‘Circular‘) following the recent Supreme Court decision in Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134 (‘Cornish‘). The OLG is considering the…
Freedom of political communication and the Banerji decision – Implications for the validity of conduct standards in State and local government
Legislation and codes of conduct apply to both State and local government employees in NSW. We are frequently asked whether the restrictions on conduct contained in such codes may infringe upon the implied right to freedom of political communication. The…
The Application of Anti-Competition and Consumer Laws to Government Authorities: What Functions Involve Carrying on a Business?
The NSW Civil and Administrative Tribunal has recently considered the extent to which a local council carries on a business for the purposes of the Fair Trading Act 1987 and the Competition and Consumer Act 2010 (CCA). The judgment contains…
High Court on native title – can mining leases extinguish native title?
On 17 April 2019, the High Court of Australia determined that mining leases were not a ‘lease’ under s47B of the Native Title Act 1993. This ruling is important because it means that any extinguishing effect of native title by mining…
Native Title Legislation Amendment Bill 2019
The Native Title Legislation Amendment Bill 2019 (‘Bill’) is currently being considered by the Australian Parliament. The Bill was read for a second time in the House of Representatives on 21 February 2019 by the Attorney-General following which debate was adjourned. The next…
How much is native title worth? – Landmark High Court case
Yesterday, in a landmark decision, the High Court of Australia determined the amount of compensation payable to a native title group for both economic and cultural loss. The Northern Territory of Australia was ordered to pay a total of $2,530,350…
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…
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…
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…
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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