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…
REMINDER: Footpath hazards – when is a Council protected from Liability under the Civil Liability Act?
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…
A guide on powers of entry: residential premises
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…
Characterisation of agricultural land uses involving cultivation and processing – a reminder of the principles
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….
New approach to calculating fees for development as ‘estimated development costs’ – commencing 4 March 2024
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…
Privacy Bill Passed to Introduce Mandatory Data Breach Notification Scheme for Public Sector Agencies
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…
Auditor General’s performance audit powers extended to certain State and local council contractors
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…
Court considers when a DA is ‘not yet determined’ under the savings provisions of Housing SEPP
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…
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…