In the case of OS v Mid-Western Regional Council (No 3) [2011] NSWADT 230 the Administrative Decisions Tribunal of NSW considered whether the use of an aerial photograph by the Council as part of its investigation function in relation to the categorisation of property for rating purposes was a breach of the Privacy and Personal […]
May 2012 – Tribunal considers “Personal Information” under the PPIP Act Read More »
Amendments to the Noxious Weeds Act 1993, which came into effect on 8 May 2012, make provision for improved regulatory powers to help minimise the risk of new weeds establishing in NSW and for authorities to be able to deal more rapidly with noxious weeds. Local Control Authorities (LCAs) are usually the local or county
May 2012 – Noxious Weeds Act 1993 Amendment Read More »
The Land and Environment Court of NSW in Roberts v Blue Mountains City Council [2012] NSWLEC 2 has provided clarification as to when a consent lapses in circumstances where a council refuses to be satisfied that a ‘deferred commencement’ condition has been complied with. The Court held that upon the grant of a ‘deferred commencement’
April 2012 – Deferred Commencement Consents Read More »
Recent amendments to the Local Government (General) Regulation 2005 bring various processes and procedures into line with those applicable at State elections to ensure consistency of approach. These changes, made through the Local Government (General) Amendment (Election Procedures) Regulation 2012, which took effect on 24 February 2012, deal with several matters such as: Enabling electronic
April 2012 – Changes to Election Procedures takes effect Read More »
The NSW Court of Appeal in Huntlee Pty Ltd v Sweetwater Action Group Inc; Minister for Planning and Infrastructure v Sweetwater Action Group Inc [2011] NSWCA 378 has provided valuable guidance in relation to the security to be provided under Voluntary Planning Agreements (“VPA”) under the EPA Act. Section 93F(3)(g) of the EPA Act requires
April 2012 – Voluntary Planning Agreements Read More »
The NSW Court of Appeal in the Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349 has recently considered the public notice procedures of the granting of a development consent. Section 101 of the Environmental Planning and Assessment Act 1979 (“EPA Act”) provides that if public notice of the granting
Important changes have been made to the duty to notify provisions of pollution incidents as a result of amendments to the Protection of the Environment Act 1997. Now, all pollution incidents causing or threatening material harm to the environment must be notified “immediately after the person becomes aware of the incident” (the legislation previously provided
April 2012 – Changes to Pollution Notification Requirements Read More »
Schedule 2.6 of the Identification Legislation Amendment Act 2011 (NSW) will commence on 30 April 2012. The schedule will make important amendments to the Oaths Act 1900 (NSW) and introduce the Oaths Regulation 2011 (NSW). The amendment of the Oaths Act 1900 provides new requirements for the identification of a person making an affidavit or
April 2012 – Important changes for Affidavits and Statutory Declarations Read More »
