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…
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…
A recent decision of the Land and Environment Court considers how the definition of ‘gross floor area’ (GFA) in the Standard Instrument Local Environment Plan (Standard Instrument) operates in respect of lifts and access to car parking areas. Gross Floor…
The Supreme Court of NSW (Supreme Court) has considered whether a landowner, who was successful in an appeal against the failure of the council to recategorise its land as farmland, was subsequently entitled to a refund of the amount of…
The Land and Environment Court (LEC) has found that the land of the former Waverton Bowling Club is ‘claimable Crown land‘ under s36 of the Aboriginal Land Rights Act 1983 (ALR Act) and has ordered that it be transferred to the…
A recent decision by the Land and Environment Court provides a useful example of the common law defences that may be raised against a charge of an environmental offence, as well as a good reminder of how difficult it can…
The meaning and effect of savings provisions in environmental planning instruments is often contentious. In many cases, the question of whether a particular application is “saved” has significant and meaningful consequences. A recent decision of the 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, 8 July 2020 and replaces the previous Policy made on 23 March 2020. A summary of the key changes are…
The Land and Environment Court has recently considered whether land surrounding an open cut mine and in the same ownership as the mine but used for grazing and cropping activities and as an offset for the coal mine was properly…
In the recent case of S J Connelly CPP Pty Ltd and Kate Singleton Pty Ltd t/as Planners North v Northern Regional Planning Panel (No 2) [2019] NSWLEC 199, the Land and Environment Court (‘the Court’) considered whether the land…