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Key findings: ICAC Annual Report 2022-2023
The Independent Commission Against Corruption (the Commission) has published its annual report for the year 2022-23 (the Report), outlining the nature of complaints received and their investigative processes. The Report reflects a substantial increase in complaints reported to the Commission by…
New Information and Privacy Commission Guidelines for the Disclosure of Interest Returns
The Information and Privacy Commission (IPC) has recently published a report (the report) on the outcome of its follow-up audit on councils, to determine their compliance with the requirement to publish returns of interest lodged by councillors and designated persons…
New Flood Risk Management Manual: Liability implications
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…
When is an objector’s opinion considered personal information in a GIPA Application?
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…
Commencement of New Employment Zones
On 26 April 2023, five new employment zones and four new supporting zones took effect in local environmental plans (LEPs) across NSW, replacing the former Business (B) and Industrial (IN) zones. The amendments to the zones in LEPs across NSW…
ALERT: New planning regulations require a landowner’s consent to development to be in writing
On 25 November 2022, the Governor of NSW made the Environmental Planning and Assessment Amendment (Miscellaneous) Regulation (No 2) 2022 (‘Amendment Reg’). The Amendment Reg makes some small but notable changes to the Environmental Planning and Assessment Regulation 2021 (‘EPA…
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…
Court considers common law defences to water pollution charge under the POEO Act
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…
ALERT: Amendments to EPA Act & Regulation to Manage Council-Related Development Application Conflict of Interest
Local councils in New South Wales from time to time make development applications seeking consent to carry out development on land they own, occupy or otherwise control while at the same time being the consent authority responsible for determining the…
Consultation open for the EPA’s draft Climate Change Policy and Action Plan
The NSW EPA has released its draft Climate Change Policy and Action Plan for public consultation. The policy and plan follow the landmark case of Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92. In that…
Restrictions on Using Surveillance Evidence in Legal Proceedings
The High Court case of Farm Transparency International Ltd v New South Wales [2022] HCA 23 (Farm Transparency) recently made headlines for its decision to uphold the validity of surveillance device laws in New South Wales. The decision is primarily…
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…
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