In the case of Mulpha FKP Pty Ltd v The Hills Shire Council [2012] NSWLEC 101 Justice Biscoe considered whether a council is obliged to respond to a notice of voluntary surrender of a development consent under s104A of the EP&A Act and cl97 of the EP&A Regulations given that such a notice only takes […]
May 2012 – New case law on the surrender of consents Read More »
In the case of Vincent Land Pty Ltd v Hyder Consulting Pty Ltd [2012] NSWLEC105, the Applicant sought an order that the Maitland City Council provide a statement of reasons in relation to the Council’s decision to approve a modification application pursuant to s96(2) of the EP&A Act to modify the Council’s existing development consent
May 2012 – Council ordered to furnish a Statement of Reasons on a s96 Determination Read More »
The Court of Appeal in the case of Bobolas v Waverley Council [2012] NSWCA 126 has considered the validity of an order issued by the Council under s124 (cl 22A) of the Local Government Act 1993 (LG Act). Section 124(22A) enables a council to order that the owner or occupier of a premises “remove or
May 2012 – Local Government Act Orders Revisited Read More »
In the case of OS v Mid-Western Regional Council (No 3) [2011] NSWADT 230 the Administrative Decisions Tribunal of NSW considered whether the use of an aerial photograph by the Council as part of its investigation function in relation to the categorisation of property for rating purposes was a breach of the Privacy and Personal
May 2012 – Tribunal considers “Personal Information” under the PPIP Act Read More »
Amendments to the Noxious Weeds Act 1993, which came into effect on 8 May 2012, make provision for improved regulatory powers to help minimise the risk of new weeds establishing in NSW and for authorities to be able to deal more rapidly with noxious weeds. Local Control Authorities (LCAs) are usually the local or county
May 2012 – Noxious Weeds Act 1993 Amendment Read More »
The Land and Environment Court of NSW in Roberts v Blue Mountains City Council [2012] NSWLEC 2 has provided clarification as to when a consent lapses in circumstances where a council refuses to be satisfied that a ‘deferred commencement’ condition has been complied with. The Court held that upon the grant of a ‘deferred commencement’
April 2012 – Deferred Commencement Consents Read More »
Recent amendments to the Local Government (General) Regulation 2005 bring various processes and procedures into line with those applicable at State elections to ensure consistency of approach. These changes, made through the Local Government (General) Amendment (Election Procedures) Regulation 2012, which took effect on 24 February 2012, deal with several matters such as: Enabling electronic
April 2012 – Changes to Election Procedures takes effect Read More »
The NSW Court of Appeal in Huntlee Pty Ltd v Sweetwater Action Group Inc; Minister for Planning and Infrastructure v Sweetwater Action Group Inc [2011] NSWCA 378 has provided valuable guidance in relation to the security to be provided under Voluntary Planning Agreements (“VPA”) under the EPA Act. Section 93F(3)(g) of the EPA Act requires
April 2012 – Voluntary Planning Agreements Read More »
The NSW Court of Appeal in the Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349 has recently considered the public notice procedures of the granting of a development consent. Section 101 of the Environmental Planning and Assessment Act 1979 (“EPA Act”) provides that if public notice of the granting
Important changes have been made to the duty to notify provisions of pollution incidents as a result of amendments to the Protection of the Environment Act 1997. Now, all pollution incidents causing or threatening material harm to the environment must be notified “immediately after the person becomes aware of the incident” (the legislation previously provided
April 2012 – Changes to Pollution Notification Requirements Read More »
