Publications

The Financial Framework Legislation Amendment Act (No.3) 2012 (Cth) (“FFLA Act”) was enacted on 28 June 2012 as an urgent response to the Williams case. The FFLA Act amends the: Financial Management and Accountability Act 1997 (“FMA Act”) to empower the Commonwealth, where authority does not otherwise exist, to make, vary or administer arrangements under […]

The Minister for Local Government has launched the final Destination 2036 action plan, dated June 2012 (the “Action Plan”). Initiative 12 of the Action Plan is to recognise Local Government as a legitimate and important sphere of government. As a result of the High Court of Australia’s recent judgments[1] such as Williams a referendum is

The Land and Environment Court has recently considered the issue of a Councils failure to notify a development application.  In Simpson v Wakool Shire Council[1] (“Simpson’s case”), Mr Simpson brought judicial review proceedings challenging the validity of the Council’s decision to grant development consent.  The grounds of review included procedural impropriety by the Council as

The Land & Environment Court (“L&E Court”), in the case of Newcastle Muslim Association v Newcastle City Council [2012] NSWLEC 20, has considered whether an objector can be provided with a copy of experts reports filed in the proceedings. At the heart of the dispute is the role of objectors in Class 1 development appeals.

The L&E Court, in Rothwell Boys Pty Ltd v Coffs Harbour City Council [2012] NSWLEC 19, has clarified that the consent of a landowner to an amendment of a development application (DA) is not required. Clause 49 of the EP&A Regulations expressly requires evidence of landowner’s consent to the making of a DA. However, clause

A Bill introduced into Parliament on 24 May 2012 proposes to amend the EP&A Act to provide greater power to local councils to deal with derelict buildings. Existing Provisions and Proposed Amendments Currently, item 2 in the table to section 121B of the EP&A Act provides that a local council can issue an order to

In the case of McMahon v Wagga Wagga City Council [2012] NSWLEC 1135, the L&E Court has considered the circumstances in which it is appropriate for a council to grant development consent subject to a condition that restricts the use of land and a condition that requires registration of the restriction on the title to

In the case of Fitzpatrick Investments v Blacktown City Council [2012] NSWLEC 1133, the L&E Court has considered the validity of a condition requiring a restriction to be registered on the title requiring the protection of trees in a subdivision. The Facts The Applicant appealed the Council’s refusal of an application to modify a consent

In the recent case of Parramatta Business Freedom Association Inc v Parramatta City Council [2012] NSWLEC 139, before Biscoe J, the L&E Court considered whether councils have the power to impose smoking bans on outdoor dining areas located on footways of public roads, as a condition of approvals granted under the Roads Act 1993 and

The Land and Environment Court The Land and Environment Court will shortly release a new Practice Note for Class 5 environmental planning and protection summary enforcement proceedings to reflect the Criminal Procedure Amendment (Summary Proceedings Case Management) Act 2012 (NSW) (the “Amendment Act”), which was passed by the NSW Parliament on 13 March 2012 and