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…
Last week the Local Government Amendment (Rural and Remote Councils) Bill 2024 (Bill) was passed by NSW Parliament. Once it commences, the Bill will insert a new Schedule 11 to the Local Government Act 1993 (LG Act) that will create a…
In a recent decision, the District Court found that a Council was not liable to a plaintiff who had tripped on a raised paver in a park in Redfern. This case is a useful reminder of the various protections councils…
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…
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…
Note: This blog was first published in January 2013. It has been updated to reflect changes in the law since then. Resident objectors have a unique role in development appeals in Class 1 of the Land & Environment Court’s jurisdiction….
The NSW government recently introduced a new approach to development costs in response to the Independent Commission Against Corruption’s Operation Dasha report, which recommended changes to improve transparency and reduce the risk of corruption. The Environmental Planning and Assessment Amendment…
In a recent decision of Stalvies v Snowy Monaro Regional Council [2023] NSWCATAD 166 (‘Stalvies case‘), the NSW Civil & Administrative Tribunal has given detailed consideration to when expressions of opinion, or purported statements of fact, may be found to…
On 16 November 2022, the NSW Parliament passed the Privacy and Personal Information Protection Amendment Bill 2022 (‘Bill‘). The Bill is awaiting assent and will come into effect on the first anniversary of the date of assent. Amendments to the…
The Government Sector Audit and Other Legislation Amendment Bill 2022 (Bill) has been passed by the NSW Parliament and is awaiting assent. Purpose of the Bill The Bill amends the Government Sector Audit Act 1983 and the Local Government Act…
The NSW Government has finalised a number of planning reforms to help facilitate tourism activities on existing commercial farms, intended to increase their financial resilience to natural disasters and other adverse events. The changes include a number of new exempt…
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…