Chief Judge Justice Preston of the Land and Environment Court (L&E Court) in Zhang v Woodgate and Lane Cove Council [2015] NSWLEC 10 (the Zhang case) has held that a “Notice to attend a place to answer question” was invalid because it was not issued “to enable the council concerned to exercise its functions under […]
February 2015 – Court finds EP&A Act “Notice to Answer Questions” invalid Read More »
The Biosecurity Bill 2014 which is awaiting reading before the Upper House, gives effect to the whole of government NSW Biosecurity Strategy and introduces major reform to manage pests, diseases, weeds and contaminants and minimise biodiversity threats to NSW. A “note” in the Bill explains that “the scheme provided for in this Act is being
February 2015 – Biosecurity Bill 2014 Read More »
In a recent decision which will have ramifications for Local Government, the Court of Appeal in Burwood Council v Ralan Burwood Pty Ltd (No. 3) [2014] NSWCA 404, held that a construction certificate (CC) which is inconsistent with a development consent and as such in breach of clause 145(1) of the Environmental Planning & Assessment
In the case of Kogarah City Council v El Khouri [2014] NSWLEC 196, Chief Judge Preston of the Land and Environment Court dismissed an appeal by the Council against the order by a Local Court Magistrate that the Council pay the professional costs of the two defendants. The case involved a prosecution brought by the
January 2015 – Professional costs against a Council Read More »
In the case of Toveno Pty Limited v Roads and Maritime Services [2014] NSWLEC 1266, the decision of Moore SC details why the Court placed no reliance on the valuation evidence given by a Valuer engaged on behalf of the Applicant. This case is a reminder of the nature of the obligations that are imposed
January 2015 – How not to give expert evidence Read More »
The case of Lismore City Council v Ihalainen (No 2) [2014] NSWLEC 198 illustrates the problem when a development consent does not expressly identify all approved plans and plans are not all stamped with the approval and cross referenced to the development consent. The case concerned an unsuccessful prosecution in relation to the construction of
January 2015 – Is a plan incorporated in a consent? Read More »
In the case of Community Housing Limited v Clarence Valley Council [2014] NSWLEC 193, the Applicant, a provider of “social housing”, claimed that its lands were exempt from the payment of rates because it is both a “public benevolent institution” and a “public charity”. Six (6) respondent councils denied the claim to an exemption and
January 2015 – Social Housing – Rates Exemption? Read More »
Local Councils have a statutory duty of assessing rates each year in accordance with the Local Government Act 1993 (LG Act). The Court of Appeal in Peregrine Mineral Sands Pty Ltd v Wentworth Shire Council [2014] NSWCA 429 has found that a clause in an agreement obliging the Council to levy rates of $100K per
January 2015 – Rates Agreement found Invalid Read More »
Some local councils employ staff in an enforcement role who are also appointed as “Special Constables”. However on 1 December 2014 the Police Legislation Amendment (Special Constables) Act 2014 came into force which: repealed the Police (Special Provision) Act 1901 which abolished the position of “Special Constable”; and Inserted a new section 680A (Authorised person
January 2015 – No more “Special Constables” Read More »
On 3 December 2014 the Disability Inclusion Act 2014 came into force. Under this Act, local councils are required to prepare a “disability inclusion action plan” setting out the measures a council intends to put in place (in connection with the exercise of its functions) so that people with a disability can access general supports
January 2015 – Disability Inclusion Plans Read More »
