Australia

In the media

Audit Office of New South Wales: State heritage assets
The NSW Audit Office has released a report that assessed how effectively the Department of Planning and Environment (Heritage NSW) has been in overseeing and administering heritage assets of state significance (27 June 2023). Read more here.

Residents to cop brunt of NSW development sting
The NSW government has made changes to the state's Environmental Planning and Assessment Act to introduce a Housing and Productivity Contribution. It is a new tax on property developers that will apply to development applications made on or after October 1. Read more here.

Empty concrete slab at Barangaroo to be transformed into harbour-side park
First Nations-led team AKIN won an open design competition for the site, with a plan that's focused on showcasing Indigenous culture through transforming the harbourside park with interactive art, water play areas and ponds along winding footpaths, under new plans unveiled by the New South Wales government. Read more here.

Publications

Rental market reform
The NSW Government has begun a consultation process with renters, owners and managers of rental properties in NSW before introducing legislation by the end of the year to make renting fairer. Read more and have your say here.

New Rental Commissioner to give renters a voice
NSW renters will soon have a strong voice to government with the announcement today that sector leader Trina Jones will be the first NSW Rental Commissioner. Read more here.

New planning framework to connect with Country
The NSW Government Architect's Connecting with Country Framework aims to empower Aboriginal voices and provide guidance to government, planners, designers and industry on how to respond to Country through the planning, designing and delivery of projects. Read more here.

Practice and courts

AAT Bulletin Issue No.11/2023
The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT's General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans' Appeals Divisions Cases (3 July 2023). Read more here.

Cases

Shaw v Woollahra Municipal Council [2023] NSWLEC 1358
MODIFICATION APPLICATION - building works undertaken without consent - application for building information certificate - modification of consent.
Conveyancing Act 1919; Environmental Planning and Assessment Act 1979; Land and Environment Court Act 1979; Woollahra Local Environmental Plan 2014.

Styles v Wollondilly Shire Council [2023] NSWCATAD 176
ADMINISTRATIVE LAW - Government Information (Public Access) Act - decision to impose a processing charge - whether information is personal information.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Government Information (Public Access) Act 2009.

Smith v Eurobodalla Shire Council [2023] NSWLEC 1345
DEVELOPMENT APPLICATION - single dwelling house - flood risk mitigated - site suitability - lot consolidation not reasonable.
Environmental Planning and Assessment Act 1979; Environmental Planning and Assessment Regulation 2000; Eurobodalla Local Environmental Plan 2012; Land and Environment Court Act 1979; Marine Estate Management Act 2014; Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021; Standard Instrument (Local Environmental Plans) Order 2006; State Environment Planning Policy (Building Sustainability Index: BASIX) 2004; State Environmental Planning Policy (Resilience and Hazards) 2021; State Environmental Planning Policy Amendment (Flood Planning) 2021.

Mourched v Chief Commissioner of State Revenue [2023] NSWSC 668
TAXES AND DUTIES - land tax - appeals - appeal against land tax assessment notice - exemption under Land Tax Management Act 1956 (NSW) - plaintiff operates approved education and care service - land divided into two parcels of the one registered lot - childcare centre situated on one parcel of land and septic system situated on second parcel of land - whether second parcel of land containing ancillary services necessary for the operation of the land being exempted is also entitled to land tax exemption - whether commissioner entitled to assess individual parcels as designated by Valuer-General - whether septic system was the sole use of the parcel of land is a question of fact - question of fact not appellable - appeal dismissed .
STATUTORY INTERPRETATION - definitions - Interpretation Act 1987 (NSW) s 21 - "land" - whether same word has the same meaning in different parts of an Act.
APPEALS - right of appeal - scope of right - error of law - leave to appeal - principles for grant of leave.
Civil and Administrative Tribunal Act 2013 (NSW); Judiciary Act 1903 (Cth); Interpretation Act 1987 (NSW); Land Tax Management Act 1956 (NSW); Real Property Act 1900 (NSW); Strata Schemes Development Act 2015 (NSW); Taxation Administration Act 1996 (NSW); Valuation of Land Act 1916 (NSW).

Ballina Shire Council v Moore [2023] NSWCA 155
TORTS - negligence - breach of duty - public authority - responsibility for care and management of shared pathway - identifying risk of harm - whether risk not insignificant - duty to pedestrians and cyclists - fall by cyclist in avoiding bollard - precaution of removing remaining bollard of pair - purpose of bollard to create obstacle - whether single bollard had social utility - burden of precautions to avoid similar risks - whether reasonable authority would have taken precaution of removing bollard.
Civil Liability Act 2002 (NSW).

Angolet Pty Ltd v Central Coast Council [2023] NSWLEC 1346
MODIFICATION APPLICATION - additional floor to approved shop top housing development - the development as modified is substantially the same as the development approved - the view impacts arising from the modification are unacceptable - application should be refused on merit - appeal dismissed.
Environmental Planning and Assessment Act 1979; Central Coast Local Environmental Plan 2022; Gosford Local Environmental Plan 2014; Land and Environment Court Act 1979.

Windang Kruger Resorts Pty Ltd ATF Windang Kruger Resorts Unit Trust v Wollongong City Council (No 2) [2023] NSWLEC 1339
DEVELOPMENT APPLICATION - finalising conditions of consent following directions in primary judgement - groundwater contamination mitigation details - permeable reactive barrier - numerous disputed conditions.
Environmental Planning and Assessment Act 1979; State Environmental Planning Policy (Resilience and Hazards) 2021.

Legislation

NSW Legislation

Regulations and other miscellaneous instruments
Justice Legislation Amendment (Fees) Regulation 2023 - published LW 7 July 2023
Statutory and Other Offices Remuneration (Executive Office Holders and Senior Executives) Regulation 2023 - published LW 3 July 2023
Water Management (Application of Act to Bega River Area Coastal Floodplain Alluvial Groundwater Source) Proclamation 2023 - published LW 4 July 2023
Water Management (Application of Act to Greater Metropolitan Region Groundwater Sources) Proclamation 2023 - published LW 4 July 2023
Water Management (Application of Act to Towamba River Coastal Floodplain Alluvial Groundwater Source) Proclamation 2023 - published LW 4 July 2023
Water Management (Application of Act to Tweed River Area Coastal Floodplain Alluvial Groundwater Source) Proclamation 2023 - published LW 4 July 2023

Commonwealth

Act compilation
National Health Act 1953 10/07/2023 - Act No. 95 of 1953 as amended
Archives Act 1983 10/07/2023 - Act No. 79 of 1983 as amended
Australian Border Force Act 2015 10/07/2023 - Act No. 40 of 2015 as amended
Student Assistance Act 1973 10/07/2023 - Act No. 155 of 1973 as amended
Fringe Benefits Tax Assessment Act 1986 10/07/2023 - Act No. 39 of 1986 as amended
Australian Crime Commission Act 2002 8/07/2023 - Act No. 41 of 1984 as amended
Veterans' Entitlements Act 1986 8/07/2023 - Act No. 27 of 1986 as amended
Administrative Appeals Tribunal Act 1975 8/07/2023 - Act No. 91 of 1975 as amended
Telecommunications (Interception and Access) Act 1979 8/07/2023 - Act No. 114 of 1979 as amended
Foreign Acquisitions and Takeovers Act 1975 8/07/2023 - Act No. 92 of 1975 as amended
Higher Education Support Act 2003 8/07/2023 - Act No. 149 of 2003 as amended
National Anti-Corruption Commission Act 2022 8/07/2023 - Act No. 88 of 2022 as amended
Privacy Act 1988 8/07/2023 - Act No. 119 of 1988 as amended
Australian Securities and Investments Commission Act 2001 8/07/2023 - Act No. 51 of 2001 as amended
Australian Research Council Act 2001 8/07/2023 - Act No. 8 of 2001 as amended
Defence Service Homes Act 1918 8/07/2023 - Act No. 43 of 1918 as amended
Military Rehabilitation and Compensation Act 2004 8/07/2023 - Act No. 51 of 2004 as amended
Administrative Decisions (Judicial Review) Act 1977 8/07/2023 - Act No. 59 of 1977 as amended
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 7/07/2023 - Act No. 7 of 1989 as amended
Age Discrimination Act 2004 7/07/2023 - Act No. 68 of 2004 as amended
Criminal Code Act 1995 6/07/2023 - Act No. 12 of 1995 as amended
National Consumer Credit Protection Act 2009 6/07/2023 - Act No. 134 of 2009 as amended
Migration Act 1958 6/07/2023 - Act No. 62 of 1958 as amended
Taxation Administration Act 1953 6/07/2023 - Act No. 11 of 1953 as amended
Surveillance Devices Act 2004 6/07/2023 - Act No. 152 of 2004 as amended
Medicare Levy Act 1986 5/07/2023 - Act No. 110 of 1986 as amended
Income Tax Assessment Act 1997 4/07/2023 - Act No. 38 of 1997 as amended

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

NSW Government Bulletin: In the media, publications, practice and courts, cases and legislation

Contributor