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…
On 15 December 2023, the Local Government (General) Regulation 2021 (LG Reg) was amended by the Local Government (General) Amendment (Tendering) Regulation (No 2) 2023 (Amending Regulation) to protect the employment of workers who provide domestic and waste management services contracts….
The Climate Change (Net Zero Future) Act 2023 (the Act) was recently passed by the New South Wales Parliament, and has commenced operation. The purpose of this landmark legislation is to give effect to the commitments under the 2015 Paris…
The State Government is restructuring certain government departments including the Department of Planning and Environment (DPE). The division of responsibilities of the DPE is to be reallocated amongst other departments as set out below. The proposed changes are set out…
The Department of Planning and Environment (Department) recently published the NSW Coastal Design Guidelines 2023 (Coastal Design Guidelines) and the Coastal Crown Land Guidelines 2023 (Coastal Crown Land Guidelines). Coastal Design Guidelines We previously discussed a draft of the Coastal…
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….
Introduction On 10 November 2023, the Environmental Planning and Assessment Amendment (Flood Planning) Regulation 2023 (EPA Reg Amendment) was published on the NSW legislation website. It amended the Environmental Planning and Assessment Regulation 2021 (EPA Reg) and replaced references to the Floodplain…
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…
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 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…