Local Government Legal

Publications

Commencement of amendments to the Environmental Planning & Assessment Act 1979

As most Council’s would be aware, the Environmental Planning & Assessment Act 1979 (the EPA Act) has undergone major changes, a majority of which came into force on 1 March 2018. Whilst, several additional amendments will be rolled out over the coming months and some transitional provisions also apply. We would recommend that Council Officers …

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Riverina Water County Council ats Nash Bros. Builders Pty Ltd [2016] NSWCA 225

Riverina Water County Council ats Nash Bros. Builders Pty Ltd [2016] NSWCA Local Government Legal recently acted for Riverina Water County Council (RWCC), in successfully defending an appeal lodged by Nash Bros. Constructions Pty Ltd in the Court of Appeal against an earlier Land and Environment Court decision of Justice Pepper regarding the validity of …

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Civil Liability Act – when does a roads authority have “actual knowledge” of a risk?

The Full Bench of the Court of Appeal has considered the special protection against liability for roads authorities under s45 of the Civil Liabilities Act 2002 in the case of Nightingale v Blacktown City Council [2015] NSWCA 423 (the Nightingale case). Civil Liability Act Immunity Section 45 of the Civil Liability Act 2002 (Civil Liability …

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Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015

The Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (‘amending Act’) commenced on 13 November 2015 and amended the Local Government Act 1993 (the Act) so as to modify the legislative scheme for dealing with councillor misconduct and poor performance and council maladministration. Disqualification under s275 The new s275(1)(A) relates to disqualifications from holding …

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Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015

The Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (Amending Act) commenced on 13 November 2015 and makes several changes to the Local Government Act 1993 (LG Act) dealing with councillor misconduct and poor performance and council maladministration. Disqualification from holding civic office The Amending Act inserted section 275(1A) to the LG Act …

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Biosecurity Act 2015 repeals the Noxious Weeds Act 1993 – October 2015

  The Biosecurity Act 2015 was recently assented to and once it commences it will mean more important changes for local government. The new legislation significantly reforms the management of pests, diseases, weeds and contaminants in NSW. Importantly for local government, the Biosecurity Act repeals the Noxious Weeds Act 1993 which established local councils (or …

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October 2015 – Case Law: Council’s power to impose development servicing charges

The Land and Environment Court recently handed down a decision which is of importance to all local councils and county councils who exercise water management functions. In Nash Bros Builders Pty Ltd v Riverina Water County Council (No. 2) [2015] NSWLEC 156, Local Government Legal acted for Riverina Water County Council (RWCC) in the proceedings …

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October 2015 – Case law: Council officer acting as agent not delegate

In our July 2014 Newsletter (click here) we reported on the Land and Environment Court’s (LEC) judgement of DeAngelis v Pepping [2014] NSWLEC 108. In De Angelis v Pepping [2015] NSWCA 236, the Court of Appeal overturned the LEC’s finding that , in signing an amendment to a Local Environmental Plan (“LEP Amendment”), Mr Pepping (the …

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