A council’s decision to withhold correspondence to and from the council’s in-house lawyers on the basis of client legal privilege has recently been the subject of a review under the Government Information (Public Access) Act 2009 (GIPA Act) before the Civil and Administrative Tribunal NSW (the Tribunal) in the case of Holman v Warringah Council  NSWCATAD 215 (the Holman case). The judgment … [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.
The Court of Appeal has considered the rates exemption in respect of “land that belongs to a public benevolent institution or public charity and is used or occupied by the institution or charity for the purposes of the institution or charity.” (Local Government Act 1993 (LG Act) s556(1)(h)). Six local councils denied CHL’s claim for a rates exemption, six local councils denied the claim and … [Read more...]
The Biosecurity Act 2015 was recently assented to and once it commences it will mean more important changes for local government. The new legislation significantly reforms the management of pests, diseases, weeds and contaminants in NSW. Importantly for local government, the Biosecurity Act repeals the Noxious Weeds Act 1993 which established local councils (or in some areas, county … [Read more...]
The Land and Environment Court recently handed down a decision which is of importance to all local councils and county councils who exercise water management functions. In Nash Bros Builders Pty Ltd v Riverina Water County Council (No. 2)  NSWLEC 156, Local Government Legal acted for Riverina Water County Council (RWCC) in the proceedings which successfully defended a challenge to the … [Read more...]
In our July 2014 Newsletter (click here) we reported on the Land and Environment Court’s (LEC) judgement of DeAngelis v Pepping  NSWLEC 108. In De Angelis v Pepping  NSWCA 236, the Court of Appeal overturned the LEC’s finding that , in signing an amendment to a Local Environmental Plan (“LEP Amendment”), Mr Pepping (the Manager Strategic & Assets at Wingecarribee Council) had … [Read more...]