Protecting beachfront properties from exposure to coastal erosion and hazards is an ongoing problem across much of the NSW coast and made worse by climate change. Recently, the Land and Environment Court (Court) considered whether development consent should be granted…
The full text of the state government’s proposed Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 has now been released. In our “Alert” blog about the announcement of the Bill, we noted that the government had announced what appeared…
This is the final blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our previous blogs can be read here: Sentencing Principles Explained – Q & A #1 and here: Sentencing Principles Explained…
Introduction This is the second blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our first blog can be read here: Sentencing Principles Explained – Q & A #1. In this blog, we answer…
Introduction This is the first in a series of posts about sentencing principles in criminal prosecutions commenced by local councils and government departments. In prosecution proceedings, a defendant will be sentenced by the Court after they are found guilty of…
A recent decision of the Land and Environment Court serves as a reminder to regulatory authorities such as local councils of the importance of carefully considering the terms of their statutory orders to ensure that they meet the requirements of…
Yesterday the Environmental Planning and Assessment Amendment Bill 2025 (Bill) was passed by NSW Parliament and is now awaiting assent. The Bill will make some key amendments to the Environmental Planning and Assessment Act 1979 (Act) with some commencing on…
This is the first blog in our LTL in Focus: Certifier Series. The Certifier Series will cover a range of questions, issues and changes affecting both private and local council certifiers. A key function of certifiers is to issue occupation…
Planning for Bushfire Protection 2019 (PBP) is often considered by consent authorities when dealing with development applications proposed on bush fire prone land, either by reason of section 4.14 of the Environmental Planning and Assessment Act 1979 (EPA Act) or when…
Section 4.16(4) of the Environmental Planning and Assessment Act 1979 (EPA Act) allows a consent authority to grant either total or partial consent to a development application, by granting development consent to either: the development for which the consent is sought,…
Authorised Council officers are given broad powers to enter and search premises under a range of legislation, including the Environmental Planning and Assessment Act 1979 (EPA Act), the Local Government Act 1993 (LG Act) and the Protection of the Environment…
A relevant enforcement authority (including a local council) can issue a development control order (DCO) in certain circumstances to require a person to do or refrain from doing things to ensure compliance with the Environmental Planning and Assessment Act 1979…