Publications

The NSW Department of Planning and Infrastructure is seeking feedback on proposed changes to code-based exempt and complying development approvals (under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (“the Codes SEPP”) and the Environmental Planning & Assessment Regulation 2000 (“EP&A Regulation”). The proposed amendments to the Codes SEPP and EP&A Regulation […]

Several recent media articles have reported that local councils could be barred from purchasing carbon credits under the Federal Government’s Carbon Pricing Mechanism because of a restriction on local councils’ power to invest money. The restriction was imposed in 2010 following the global financial crisis to prevent councils losing money through risky financial products called

After a 2-year review of the Swimming Pools Act 1992, amendments to the Act were passed by Parliament on 23 October. The changes made by the Swimming Pools (Amendment) Act 2012 include the following: to establish a State-wide on line register of all private swimming pools in NSW; to require that pool owners self-register, free

IPART is conducting a review of how local councils in NSW implement and enforce regulations in order to reduce unnecessary regulatory costs on business and the community. An issues paper has been released, and is open for public comment until 29 October 2012. Note: This information is not to be relied upon as legal advice.

An amended Companion Animals Guideline (“the Guideline”) dated October 2012 has been released to supersede the guideline issued in January 2007. Councils must make sure that all staff and contractors accessing the Register or dealing with companion animal issues are familiar with the Guideline and use it in conjunction with internal council policies and procedures.

The NSW Department of Planning and Infrastructure is seeking feedback about a draft practice note relating to the Standard Instrument. The draft practice note provides guidance on including additional permitted uses for particular land through Schedule 1 of local environmental plans. Public consultation closed on 15 October. Note: This information is not to be relied

Schedule 1, item [9] of the Local Government Amendment Act 2012 No 15 commenced on 10 August 2012, which has inserted a new section 451(4) and (5) into the LG Act. Section 451 of the LG Act deals with disclosure and presence in meetings. Subparagraphs (1) and (2) currently provide as follows (our emphasis): 451

The Local Government (General) Amendment (Special Disclosures of Pecuniary Interest) Regulation 2012 (the “Regulation”) commenced on 10 August 2012. The object of the Regulation is to make amendments to the Local Government (General) Regulation 2005 (the “LG Regulation”) as follows: to prescribe the form and contents of special disclosures of pecuniary interest under section 451

On 7 August 2012 Lloyd AJ of the Land and Environment Court in Wollondilly Shire Council v 820 Cawdor Road Pty Ltd [2012] NSWLEC 183 delivered judgment in regards to costs in Class 4 Civil Enforcement proceedings. The Background and Facts On 5 April 2012, in Wollondilly Shire Council v 820 Cawdor Road Pty Ltd

On 20 June 2012 the High Court of Australia in Williams v Commonwealth of Australia [2012] HCA 23 (the “Williams case”) held that the Darling Heights Funding Agreement (the “Contract”) between the Commonwealth of Australia and the Scripture Union Queensland (a private service provider), and expenditure by the Commonwealth under that contract, for the delivery