No Comments

NCAT affirms Disciplinary Decision to Disqualify Certifier from Registration for 10 years.

Case Review: Orfali v Commissioner for Fair Trading [2024] NSWCATOD 4

The NSW Civil and Administrative Tribunal (NCAT) has recently affirmed a decision of the Commissioner for Fair Trading (Commissioner) to cancel a certifier’s registration and disqualify him from registration for 10 years. Orfali v Commissioner for Fair Trading [2024] NSWCATOD 4 (Orfali Case) is a case that exemplifies the necessity for certifiers to ensure they comply with conditions of their certificates of registration.


The Applicant, Mr Orfali, applied for an NCAT review of the Commissioner’s decision to cancel his registration as a registered certifier and disqualify him from registration for a period of 10 years. [...]  READ MORE →

No Comments

Effect of Having a Dog Declared Dangerous by a Local Council

Summary: When a dangerous dog declaration is issued by a council, it is effective through the entire state of New South Wales. As a consequence if you have a dangerous dog that is registered, and you move council areas, you must notify your new local council of your dangerous dog.

Declaring a Dog as Dangerous

What is a Dangerous Dog?

In accordance with section 34 of the Companion Animals Act 1998 (NSW) (Act), if an authorised officer of a Council is satisfied that a dog is dangerous, or if the dog has been declared a dangerous dog under a corresponding legislation in another state or territory, such authorised officer may declare a dog to be a dangerous dog. Sections 5 and 6 of the Act define such authorised officer to be either an employee of a local authority (i.e. council) that is authorised for the purposes of the Act, or a police officer. The authorised officer must give notice to the owner of a dog of the intention to declare the dog to be dangerous, in accordance with section 35 of the Act. [...]  READ MORE →

No Comments

An Overhaul of the Taxation Scheme: Developments for Developers

In July 2023, the NSW parliament passed the Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Act 2023 (NSW)which introduces Housing and Productivity Contribution (HPC). HPC replaces the previous Special Infrastructure Contribution (SIC) scheme and applies a more consistent contribution framework over a much wider area, including the entire Local Government Areas located in:

  • the Greater Sydney region;
  • the Illawarra-Shoalhaven region;
  • the Lower Hunter region; and
  • the Central Coast region.

The HPC will apply from 1 October 2023, except in relation to land within the Western Sydney Growth Areas and Western Sydney Aerotropolis SIC areas (to transition to the HPC regime by 2026). [...]  READ MORE →

No Comments

How do I object to a Development Application?

Who can make an objection to a DA and what is in an objection?

When a development application (DA) is lodged on the NSW Planning Panel, nearby property owners and any concurrent authorities are notified, so that they are aware of the DA and have opportunities to make submissions. Council’s own policy, council’s development control plan, and the local environmental plan provide guidance as to who is notified of such a DA. The property owners within the vicinity of the proposed DA, and/or anyone who has a submission to make, may provide one of the following responses: [...]  READ MORE →

No Comments

State-wide Standard Conditions of Consent and Notices of Determination Now in Use

On 30 June 2023, the Department of Planning’s requirement for planning authorities to adopt standardised conditions of consent and notices of determination came into effect. This requirement affects all councils and planning authorities when they are granting development consents via the Planning Portal.

The Department has published a manual containing about 40 conditions of consent and made standard notices of determination templates for 11 types of determination, including standard approval subject to conditions of consent, deferred commencement consent, and refusal of consent. [...]  READ MORE →

No Comments

McMillan v Taylor

The recent decision of the NSW Court of Appeal in c [2023] NSWCA 183 (McMillan) has built upon the role of the Commissioner in conciliation conferences of the Land and Environment Court (LEC), a judicial mechanism commonly used in development appeal proceedings.

The Court deliberated on the construction of section 34(3) of the Land and Environment Court Act 1979 (NSW) (LEC Act), which imposes a duty on the presiding Commissioner to dispose of the proceedings if an agreement is reached between the parties, so long as the decision is one “that the Court could have made in the proper exercise of its functions”[...]  READ MORE →

No Comments

The Public Spaces (Unattended Property) Act 2021 (NSW) repeals the Impounding Act 1993 (NSW)

The Public Spaces (Unattended Property) Act 2021 (NSW) (PSUP Act) came into force on 1 November 2022 and will repeal the Impounding Act 1993 (NSW) (Impounding Act).

The PSUP Act came about after extensive consultation with key stakeholders such as councils, members of the public, industry groups and government agencies.

The PSUP Act is now the source of regulatory powers for councils to take possession of unattended items found in public spaces. Under the PSUP Act, where property is left unattended in public, those responsible must attend to it within reasonable timeframes, or face enforcement action, including strong penalties. [...]  READ MORE →

No Comments

Case Summary: NSW Land and Environment Court rules on Proposed Developments in a Boatyard at Berrys Bay

The NSW Land and Environment Court (NSW LEC) in Stannards Marine Pty Ltd v North Sydney Council [2022] NSWLEC 99 (Stannards Marine Case) highlights the importance of considering the objectives of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 and the Sydney Harbour Foreshores and Waterways Development Control Plan 2013, and the principles of public trust and intergenerational equity embedded in those statutory instruments, when deciding the outcome of development applications relating to developments within the Sydney Harbour. [...]  READ MORE →

No Comments

When does a savings provision apply? Three cases to help navigate savings provision

Savings provisions are commonly found in environmental planning instruments such as Local Environmental Plans (LEP) and State Environmental Planning Policies (SEPP). Usually, their intended effect are to carve out certain types of development applications, usually by reference to the lodgement date, from being determined according to the environmental planning instrument containing the savings provision. Whilst this sounds straightforward at first, it is not always easy to discern when and how savings provisions should apply to a development application. Both councils and developers must carefully interpret savings provisions, as incorrect application of planning instruments could lead to errors in the preparation and assessment of development applications. Today, we look at three common problems in the interpretation of savings provision and how the Courts have addressed them. [...]  READ MORE →

No Comments

Personal Information & Data Breaches – Obligations for NSW State and Local Government Entities

The recent data breaches involving Optus and Telstra highlight the potential risks facing businesses and entities that collect and store personal information.

Where entities employ individuals, those entities are required by law to collect and keep various forms of personal information relating to their employees. Such information can include employees’ contact information, health information, banking details, and tax file numbers.

For NSW state public sector and local government entities, the obligations relating to the collection, retention, use and disclosure of personal information are set out in the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act). [...]  READ MORE →

No Comments

NSW Parliamentary Inquiry’s Report on the Response to the Major Flooding Across NSW in 2022

On 9 August 2022, the NSW Select Committee (Committee) released a report following an inquiry (Inquiry) into the response to major flooding across NSW in 2022 (Report).

The Inquiry was set up to consider the NSW Government’s preparedness, coordination, and response to flooding events. The Committee received 87 submissions, 4 supplementary submissions and 119 responses from individual participants to an online questionnaire. The Committee also undertook site visits and conducted public forums for local residents. [...]  READ MORE →

No Comments

Overview of the Greater Cities Commission

Established in 2016, the Greater Sydney Commission was initially formed under the (now repealed) Greater Sydney Commission Act 2015 (NSW), its purpose was to act as a central state government agency to assist local and state governments in the collective planning and development of the Greater Sydney Region.

Recent amendments under the Greater Cities Commission Act 2022

With the continuous growth of the population and demand for accessibility, the Greater Cities Commission Act 2022 (NSW) (Act) was introduced to expand the Greater Sydney Region to include three new cities. As such, there are now six cities managed by the new Greater Cities Commission (Commission) as follow:- [1] [...]  READ MORE →