The NSW Department of Planning and Environment (Department) is currently in the process of introducing a new approach to the planning system to alleviate complexities in the rezoning process. In December 2021, the Department released the Discussion paper ‘A new approach to rezonings’. Uncertainty around rezoning time-frames and an overly complex process can impact development, …
Expertise Archives:
Elections to be rerun for three local councils following technical glitch
In 2022, it is clear that many, if not most activities that we would ordinarily carry out in person, can now be done online. But sometimes, technology fails and things can go wrong. The 2021 NSW local government elections are an example of that. The NSW Supreme Court recently set aside the 2021 local government …
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Felicia Cannizzo
Social media users could sue online bullies under new anti-troll laws
In October 2021, the federal government introduced the Social Media (Basic Expectations and Defamation) Bill to ensure social media users are safe online. The laws contemplated by this bill, would give the Communications Minister authority to make determinations about the basic expectation of a social media service. The eSafety Commissioner would also be able to …
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Flexible Work Arrangements – Responding Flexibly
Flexible working arrangements are certainly not new. However, the uptake of such arrangements was turbo charged with the emergence of the COVID-19 pandemic. The recent Productivity Commission Working from Home Research Paper (September 2021), shows that the percentage of Australians working from home jumped from 8% to 40% in the past two years. As such, …
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Court confirms scope and application of Commission’s power in arbitration
In determining a dispute about an agreement clause, the NSW Industrial Relations Commission has explained the scope and application of its arbitration and award making powers in circumstances where the parties have agreed to a provision, which expressly states that the Commission can arbitrate an unresolved issue. This is relevant to employers with employees in …
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New “Land Value Contribution”
The NSW Department of Planning, Industry and Environment (Department), is in the process of introducing infrastructure contribution reforms, intended to simplify the system of contributions currently in place and provide greater transparency and consistency for key stakeholders, including local government, developers and landowners. In December 2020, the NSW Productivity Commissioner undertook a review of the …
New housing SEPP takes effect
New State Environmental Planning Policy (SEPP) explained – what you need to know. The State Environmental Planning Policy (Housing) 2021 (Housing SEPP), was published on the NSW legislation website on 26 November 2021 and takes effect from this date. Objectives of the new housing SEPP The main objective of the Housing SEPP is to improve …
Alesia Shard
Brooke Holdsworth
Alan Wrigley
Patrick O’Brien
Jessica Bland
Privacy by Design – protecting personal information from the wire-frame up
The dynamic and ever-growing nature of privacy regulations and attack vectors related to privacy emphasises the importance for NSW government organisations to ensure it does, and its suppliers do, a better job protecting data through technology design. Also known as, ‘Privacy by Design’ and ‘Privacy by Default’, the terms refer to the system engineering approach …
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Protection under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) extends beyond Mount Panorama – What you need to know
In May 2021, the Commonwealth Minister for Environment (Minister) declared the Wahlua-Mount Panorama Site in Bathurst to be a significant Aboriginal area under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act). This declaration prohibited Bathurst Regional Council’s proposed development of a go-kart track just days before construction works were set to …
Conflict of interest: fail to declare and manage at your peril!
In this update, we analyse two New South Wales decisions about the Local Government Act 1993 (NSW) (LG Act) and compliance with obligations to declare and manage personal interests. While these decisions concern NSW Local Councillors and a former General Manager, there are lessons for all individuals dealing with the LG Act. Eldridge v Wagga …
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Post-IPO lock-up: Protecting Australian investors at the risk of global competitiveness
The Australian Stock Exchange (ASX) has made welcome changes to its rules around post-IPO lock-ups. But do they go far enough? While a strong regime benefits new investors and market integrity, is the position globally competitive? Do we risk losing IPOs to other jurisdictions? If Australia’s regime is not globally competitive, we risk losing Australian …
Native Title compensation – Lawson v Minister for Environment & Water (SA) (“Lake Victoria case”)
Things you need to know A decision by the New South Wales Court of Appeal has given rise to the potential for compensation to be owed for acts affecting native title rights and interests under legislation other than the Native Title Act 1993 (Cth) (Cth NTA) and outside the timeframes for which the Cth NTA …
Department releases new Planning Agreements Practice Note
The NSW Department of Planning, Industry and Environment (Department) has released its new Practice Note relating to planning agreements in the state, implementing a recommendation of the Kaldas review of decision-making in the planning system (Kaldas review). Those recommendations – all 19 of which were accepted by the NSW Government – included strengthening the role …
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Council held liable for negligent misstatement in planning certificate
Burwood Council (Council) recently experienced a costly loss in the Supreme Court of New South Wales, after it provided a planning certificate containing negligent misstatements. By way of background, in 2011 Elisa Lorenzato signed a contract for a property at 13 Appian Way, Burwood (property), attached to which was Council’s planning certificate issued under the …
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Vaccinations and the workplace
Things you need to know On 19 February 2021, Safe Work Australia and the Fair Work Ombudsman released updated guidance regarding the rights and obligations of employers to require employees to be vaccinated against COVID-19. The new guidance suggests that most employers will not have a right or obligation to require employees to be vaccinated, …
Ingenia Communities
James Arklay
Business Interruption Insurance – COVID-19 Test Case creates opportunity for loss recovery
The outbreak of the COVID-19 pandemic in Australia and overseas has had a hugely damaging economic effect on the business community. Many of these businesses hold Business Interruption (BI) insurance and may have either had claims declined or not pursued them on advice that the policy did not respond. Alternatively, they may not have considered …
Infrastructure charges in the Court of Appeal
In 2020, the Court of Appeal has twice considered challenges to infrastructure charges levied upon major developments and has twice found in favour of councils. The Court of Appeal has upheld the right of councils to levy new infrastructure charges rather than relying on a condition of a preliminary approval in the Gold Coast City …
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Keep it open! New regulations for closing council meetings have commenced
On 12 October 2020, new regulations under the Local Government Act 2009 (Qld) (LGA) and the City of Brisbane Act 2010 (Qld) (CoB Act) commenced. The Local Government Legislation (Integrity) Amendment Regulation 2020 (the New Regulation) makes various amendments in line with the changes to the LGA also commenced on 12 October 2020. Of particular …
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Room2Move
The 2020 Queensland State Election: Misleading Electoral Advertising
With the Queensland State Election date of 31 October 2020 fast approaching, members of the public will inevitably be inundated with a wealth of ‘election matter’ distributed across various advertising platforms. ‘Election matter’ is a phrase used to describe the diverse range of mediums which intend to influence the way electors vote and subsequently, the …
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New Bill – Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020
[vc_row][vc_column][vc_column_text] WHO SHOULD READ THIS State Government entities. THINGS YOU NEED TO KNOW The Federal Government has introduced a bill that proposes a number of changes to the EPBC Act (focused especially on the operation of bilateral agreements in NSW). The Independent Review of the EPBC Act also remains ongoing and is expected to result …
Delivery options for large-scale water infrastructure projects
Look out for our previous insight articles (as well as articles still to come) on the following topics: understanding water regulation; the modern minefield – water approvals for mining projects; water theft and offences; strategic water sharing options; project delivery options for large-scale water infrastructure; pricing and competition for water; native title and cultural heritage, …
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