Reading RoomThe Independent Commission Against Corruption's (ICAC) most recent report provides yet another voice calling for the amendment of Part 3A of the Environmental Planning and Assessment Act 1979 (EP&A Act).[1] In a context where the NSW opposition has pledged to do away with Part 3A if elected next March, ICAC's report will provide the NSW Labor …
Normally regulatory authorities require land owners, occupiers and people carrying out works to ensure compliance with environmental laws. Usually "I did not know" or "I didn't intend this to happen" is not a defence. This is one aspect of what the law knows as "strict liability".
Maddocks previously reported in July 2009, an Independent Commission Against Corruption (ICAC) investigation into conduct of Jin Hua Chen and his wife, Yu Ling Sun who offered three cash payments totalling $600 to Warringah Council officers in order to facilitate the Council’s building inspection approval of their business. Mr Chen admitted to intending to bribe the Council …
This case involves an interesting interplay between planning and administrative law. The Applicant submitted a number of distinct yet interrelated arguments for the invalidity of a development consent. The basis of the argument was that Penrith City Council had not only incorrectly decided the development consent, but also that it had no power to decide the development application in the first …
On 26 February 2010, the Freedom of Information Amendment (Planning and Administrators) Regulation (new Regulation) came into force. The new Regulation makes changes to the Freedom of Information Regulation 2005 (2005 Regulation) by clarifying that three particular bodies are not separate "public authorities" …
On 1 March 2010, the Local Government (General) Amendment (Planning and Reporting) Regulation 2010 was enacted to amend the Local Government (General) Regulation 2005. Both these Regulations have come into effect as a consequence of the amendments made by the Local Government Amendment (Planning and Reporting) Act 2009 to the Local Government Act 1993.
To view …
His Honour Justice Biscoe dismissed a Class 1 application in the Land & Environment Court on 19 October 2009 on the grounds that the proceedings were an abuse of process. This is one of only a handful of judgments in the Land and Environment Court where proceedings have been successfully dismissed on the grounds of an abuse of process in circumstances where an applicant seeks to "re-agitate …
The recent decision of the Land and Environment Court in Hamod v Minister for Urban Affairs and Planning [2009] NSWLEC 24 (Hamod), highlights some of the risks councils may face when delegating authority to determine a development application, as well as the circumstances in which a motion to rescind that delegation will be ineffective and unavailable. This update highlights the caution …
On 31 August 2009 the newly named Division of Local Government, Department of Premier and Cabinet released an updated Meetings Practice Note (Practice Note No. 16) (the New Practice Note). The New Practice Note has undergone a significant facelift, with the text being redrafted to include more helpful subheadings and cross-referencing, improved number formatting, and up-todate …
As you are aware, councils in NSW went to general election on 13 September 2008. The Local Government Act 1993 (LGA) places a number of annual and other reporting requirements upon councils, some of which are triggered by a general election.
This update is to act as a timely reminder of the governance reporting requirements already in your 'to do list'. …
