Local Government Legal only acts for local councils and our close day to day involvement with our local council clients means we are well placed to give our clients comprehensive, timely and cost-effective legal advice in the main areas of law that councils operate within.
As well as acting for local councils in various court jurisdictions, we advise on legislation, policy and strategic issues in the areas of local government, planning, environmental, administrative and property matters.
Our dedicated team of Solicitors have a wealth of knowledge and expertise from working with local government clients across NSW. As such, we have a unique understanding of both the processes within councils and also the complexities involved in the competing interests councils often face. We understand our clients requirements and timeframes and we can be relied upon to provide advice that is not only strategic but is also practical.
At Local Government Legal we believe that a strong emphasis should be placed on trying to initially resolve conflict by negotiation rather than litigation. We are however experienced litigators and able to assist our clients to use the law and court processes to reach solutions that meet council’s objectives in a cost-effective manner.
Our clients
We have over 30 local council clients to date.
Local Government
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The powers and duties of a council under the Local Government Act 1993 (NSW)
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Classification of public land
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Local government leases, approvals, and orders
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Matters arising under the Government Information (Public Access) Act 2009 (NSW) and Personal Information Protection Act 1998 (NSW)
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Code of conduct issues and probity, conflict of interest, pecuniary interests, the delegation of authority and meeting procedure advices
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Valuation of land including just terms compensation and compulsory acquisition of land
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Issues relating to public roads, public reserves and Crown land
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Powers of entry onto land
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Tendering policy and procedure
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Liability and immunities
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Companion Animals Act 1998 (NSW)
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Swimming Pools Act 1992 (NSW)
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Roads Act 1993
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Food Act 2003
Planning
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Notices and Orders under the Environmental Planning and Assessment Act 1979 (NSW)
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Existing use rights
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Development applications
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Conditions of consent and interpretation of development consents
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Lapsing of development consents
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Modification of development consents
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Building certificate applications
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Certification of development
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Designated and integrated development
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Section 94 contributions
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Preparation and review of Voluntary Planning Agreements and other agreements
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The preparation, interpretation and application of Local Environmental Plans, Development Control Plans and State Environmental Planning Policies
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Rezoning applications
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Conservation areas
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Heritage items
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Ecological sustainable development
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Contaminated land
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Water management
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Prospects of success in relation to various Court matters.
Environment
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Licences and enforcement under the Protection of the Environment Operations Act 1997
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Biodiversity Banking and Offsets Scheme
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Dangerous Goods
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Cultural Heritage and Aboriginal Cultural Heritage
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Flora and Fauna including threatened species and native vegetation
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Environmental Impact Assessment
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Contamination, remediation and environmental audits
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Native title
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Greenhouse and renewable energy
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Waste management
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Water
Property
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Covenants, easements, and rights of way
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The Roads Act 1993, Land Acquisition (Just Terms Compensation Act) Act 1991, and Encroachment of Buildings Act 1922
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Section 88B instruments
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The court’s power to create easements pursuant to section 88Kof the Conveyancing Act 1919 and section 40 of the Land and Environment Court Act 1979.
Litigation
Together the Solicitors at Local Government Legal have a wealth of experience in matters which have been initiated in all Courts in New South Wales, including the Supreme Court of NSW, Land and Environment Court of NSW and Local Courts of NSW.