Publications

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 […]

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 However on 1 December 2014 the Police Legislation Amendment (Special Constables) Act 2014 came into force which: repealed the Police (Special Provision) Act 1901 which abolished the position of “Special Constable”; and Inserted a new section 680A (Authorised person

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

Some of our readers may not be aware that Ben Swain (Senior Lawyer at Local Government Legal) is an Australian cycling champion in his spare time. At the Para-cycling Track National Championships in Melbourne in December 2014 Ben claimed Gold in the 2015 Australian Para-cycling Track Pursuit (C4). Ben defeated Ben Ellen from Queensland who

The findings of the Land & Environment Court in the case of Barca v Wollondilly Shire Council [2014] NSWLEC 118 mean that, where a council officer decides whether an amended development application differs “only in minor respects from the original application”, councils should ensure that the officer has been properly delegated the power to do

The Act is intended to create a structured payment scheme for all “construction contracts” which is defined to mean “a contract or other arrangement under which one party undertakes to carry out construction work, or to supply related goods and services, for another party. [emphasis added]” The definitions of construction work and related goods and

On 17 July 2014 the Government repealed the suite of legislation that imposed the Carbon Pricing Mechanism (CPM) (ie the carbon ‘tax’). This has several implications for local councils. Liability under the CPM Under the CPM, landfill facilities that emitted the prescribed threshold of 25,000 or more of carbon dioxide equivalent (CO2e) greenhouse gas emissions

The Environmental Planning and Assessment Amendment (Fire Safety) Regulation 2014 (Fire Safety Regulation) which amends the Environmental Planning & Assessment Regulation 2000 (EP&A Regulation)was published on 18 July 2014. The Fire Safety Regulation includes new notification requirements for certifying authorities who receive an application for a complying development certificate (CDC) or a Part 4A certificate

The Environmental Planning & Assessment (Bushfire Prone Land) Regulation 2014, published 30 May 2014, amends the EPA Regulation to exclude certain development applications for the erection of various types of dwellings on bushfire prone land in urban release areas from the operation of section 79BA of the EPA Act. The Rural Fires Amendment (Bushfire Safety

As you may be aware, Local Government Legal has released a Legislative Compliance Database (LCD) for subscription by local councils in NSW. The purpose of the LCD is to assist councils implement and maintain a system to ensure their legislative and regulatory obligations are met (as required in the DLG’s “Promoting Better Practice” review process).