Publications

The case of Environment Protection Authority v Forbes Shire Council [2014] NSWLEC 26 (Pain J) is the first prosecution following amendments to the notification regime in Pt 5.7 of the Protection of the Environment Operations Act 1997. Immediate notification is now required of a pollution incident to several authorities (see our Newsletter dated April 2013). […]

The case of Director General NSW Department of Industry and Investment v Mato Investments Pty Ltd [2014] NSWCCA 132 involves a consideration of whether a notice given under section 81(1) of the EP&A Act must reflect strictly the requirements of the EP&A Regulation in order for a development consent to become effective and operative by virtue of

In the case of DeAngelis v Pepping [2014] NSWLEC 108, the Land and Environment Court has held that a council officer, in signing an amendment to a Local Environmental Plan (“LEP Amendment”), acted as an agent, rather than as a delegate, of the Council. The case involved a challenge to the validity of an LEP Amendment

As you may be aware, Local Government Legal has developed a Delegations Database which is available for subscription by local councils in NSW. The Delegations Database includes a schedule of legislative functions is drafted by our lawyers, and updated when Legislation is amended, enacted, or repealed. This allows subscribing Councils to ensure that its delegations

Significant amendments have been made to the exempt and complying development system which commence on 22 February 2014. The amendments are summarised below. The amendments to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP) have been made by the State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment

The Crown Lands Act 1989 has been amended by the Crown Lands Amendment (Multiple Land Use) Act 2013 which commenced on 27 November 2013, to ensure the legal validity of interests such as leases, licenses, and easements or rights of way (“secondary interests”) that have been granted over reserve Crown land. The amendments have been

Recent amendments to the Privacy and Personal Information Protection Regulation 2005 (the “PPIP Regulation”) operate to exempt local councils from provisions of the Privacy and Personal Information Protection Act 1998 (“PPIP Act”) in relation to the collection of personal information by using a CCTV camera installed for the purpose of filming a public place, and

In the case of Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 (Pepper J), the L&E Court considered the construction of the savings provision (clause 1.8A) in the standard template Local Environmental Plan. Clause 1.8A of the standard template LEP provides as follows (emphasis added): “If a development application has been made

In the case of McAuley v Northern Region Joint Regional Planning Panel [2013] NSWLEC 125 (Craig J) the L&E Court found that characterisation of a development as a “transitional group home” as defined in the Coffs Harbour City Local Environmental Plan 2000 (“the LEP”) was correct. Facts Ms McAuley sought a declaration that a development

In the case of Dobrohotoff v Bennic [2013] NSWLEC 61, Pepper J found that the use of a property for short term rental accommodation did not constitute a “dwelling house” for the purposes of the 2(a) residential zone under the Gosford Planning Scheme Ordinance (“the GPSO”). Facts: the respondent, Ms Bennic, owned a property in