As most Council’s would be aware, the Environmental Planning & Assessment Act 1979 (the EPA Act) has undergone major changes, a majority of which came into force on 1 March 2018. Whilst, several additional amendments will be rolled out over the coming months and some transitional provisions also apply. We would recommend that Council Officers who regularly deal with the EPA Act to take the … [Read more...]
Local Government Legal prepares a regular email newsletter with legal updates on relevant court judgements and a summary and analysis of legislative changes.
Riverina Water County Council ats Nash Bros. Builders Pty Ltd  NSWCA Local Government Legal recently acted for Riverina Water County Council (RWCC), in successfully defending an appeal lodged by Nash Bros. Constructions Pty Ltd in the Court of Appeal against an earlier Land and Environment Court decision of Justice Pepper regarding the validity of development servicing charges issued by RWCC … [Read more...]
The Full Bench of the Court of Appeal has considered the special protection against liability for roads authorities under s45 of the Civil Liabilities Act 2002 in the case of Nightingale v Blacktown City Council  NSWCA 423 (the Nightingale case). Civil Liability Act Immunity Section 45 of the Civil Liability Act 2002 (Civil Liability Act) provides an immunity to a council (as a “roads … [Read more...]
The Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (‘amending Act’) commenced on 13 November 2015 and amended the Local Government Act 1993 (the Act) so as to modify the legislative scheme for dealing with councillor misconduct and poor performance and council maladministration. Disqualification under s275 The new s275(1)(A) relates to disqualifications from … [Read more...]
The Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (Amending Act) commenced on 13 November 2015 and makes several changes to the Local Government Act 1993 (LG Act) dealing with councillor misconduct and poor performance and council maladministration. Disqualification from holding civic office The Amending Act inserted section 275(1A) to the LG Act which … [Read more...]