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…
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 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 Local Government (General) Amendment Regulation 2022 (NSW) (Amendment Reg) commenced on 10 June 2022. It inserts a new section 170A into the Local Government (General) Regulation 2021 (NSW) (LG Reg). The new section increases the tendering exemption threshold for…
The Court of Appeal has unanimously allowed both appeals against the decision of the NSW Supreme Court in Lorenzato v Burwood Council [2020] NSWSC 1659. The Supreme Court had held that the Council was liable to the purchaser of a…
In June 2020, we blogged about a decision of the Land and Environment Court (LEC) which significantly raised the rating liability for mining companies that ‘hold’ land for mining purposes under the Local Government Act 1993. Since then, the landowner…
This decision relates to the latest instalment of the cases involving members of the Bobolas family and Waverley Council (‘Council‘) with the Council issuing orders to require or allow the clean-up of the accumulation of waste that creates a public…
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…
On 24 March 2020, the NSW Parliament passed the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (‘Emergency Measures Act‘). The Act commences on the date of assent. According to the NSW Parliament’s website, assent occurred on 25 March 2020. The…
On 27 February 2020 the Local Government Amendment (Disqualification from Civic Office) Bill 2020 (“Bill”) was introduced into parliament. It proposes to amend s 275 of the Local Government Act 1993 to provide that real estate agents and property developers…
The Land and Environment Court (‘Court‘) has recently refused 3 appeals against a council decision to declare that a land rating re-categorisation was to operate from a date significantly later than the dates sought by the applicant. In doing so,…
The governing body of Council is frequently required to consider sensitive documentation when making decisions. Sometimes, the Council needs to make arrangements to secure the information provided to councillors. In Barrak v City of Parramatta Council [2019] NSWLEC 59, the Court…