No Comments

Local Councils: Waste Less, Recycle More Grants

The New South Wales Environment Protection Authority (EPA) has released a timetable for the next four years of Waste Less, Recycle More grants.    Waste Less, Recycle More Grants are aimed at stimulating new investment to transform waste and recycling in NSW.  The grants assist Local Councils to recycle more and reduce dumping and littering in their local government areas.

The Grants program is designed to modernise the waste sector in NSW, including for local councils to improve the delivery of waste services to the community and to ensure a clean environment. [...]  READ MORE →

No Comments

What part of the Pasteurised Garden Organic Order and Exemption applies to Council and what requirements are expected from Council?

The Mulch Order 2016 applies to unpasteurised/raw mulch which by virtue of the nature and source of the plant material, poses minimal risk of the presence of physical and chemical contaminants and does not include plant material obtained from kerbside waste collection.  Whilst the need for pasteurisation may be dispensed with on the tree clippings obtained from Council’s tree maintenance operations and as such this mulch will only be subject to the provisions in the Mulch Order 2016 and Mulch Exemption 2016 [Click here to see our article: “How do the new Mulch Order and Exemption 2016 impact on Councils’ tree maintenance operations?” https://www.matthewsfolbigg.com.au/news/local-government/new-mulch-order-exemption-2016-impact-councils-tree-maintenance-operations/]. However, if the plant material used for mulch also contains kerbside waste collection or tree material that has a significant risk of contaminants, mulch processed from such a mixed source may pose a risk of the presence of contaminants and therefore falls outside the definition of mulch in the Mulch Order 2016. Mulch of this kind is regulated by Pasteurised Garden Organic Order 2016 (PGOO) and Pasteurised Garden Organic Exemption 2016 (PGOE). [...]  READ MORE →

No Comments

Council Liability as Roads Authority

In a recent decision of Oberlechner v Hornsby Shire Council [2017] NSWSC 23, the Supreme Court of NSW has awarded damages of $380,640 in finding that Hornsby Shire Council (Council) was negligent when a resident fell into an unfenced culvert on a public road and suffered substantial injuries.

A Council will often find that it is protected from liability from defects in footpaths and roads as a result of the statutory protection provided to roads authorities by section section 45 of the Civil Liability Act 2002 (NSW) (CLA). Section 45 of the CLA reads: [...]  READ MORE →

No Comments

Local Council Amalgamations: City/Country Policy Division

The NSW Government announced that the forced local council amalgamations in Sydney City areas will continue whilst the forced amalgamations in regional areas will be abandoned.  There will be no change to the 20 Councils that have already been merged.

The announcement from Premier Gladys Berejiklian has disappointed many of the local councils embroiled in legal battles over the amalgamations.

The five Sydney mergers that will be pushed forward, subject to the decision of the courts are:

  • North Sydney, Mosman & Willoughby
  • Hunter’s Hill, Lane Cove & Ryde
  • Strathfield, Burwood & Canada Bay
  • Randwick, Waverley & Woollahra
  • Ku-ring-gai & Hornsby

The Government plans to hold elections for the Sydney mergers that are still to occur as soon as possible. [...]  READ MORE →

No Comments

Proposed Amendments to the Environmental Planning & Assessment Act

On 9 January 2017 the NSW Government announced a number of proposed amendments to the Environmental Planning & Assessment Act 1979 (NSW) (EP&A Act). To begin the process, Minister Stokes released a public consultation draft of the Environmental Planning and Assessment Amendment Bill 2017 (the draft Bill) on 9 January 2017. The draft Bill will be exhibited until 10 March 2017 for public consultation.

The proposed amendments are extensive and the Minister has put forward the following as being the objectives: [...]  READ MORE →

No Comments

Local Council Amalgamations – Potential Backflip

Muiltiple reports state that the new NSW Premier, Gladys Berejiklian, may reverse the local Council amalgamation process set up by former Premier, Mike Baird.

The Premier is said to be considering a range of options including using plebiscites to allow merged Councils to unmerge, some reports saying by this year and others saying as late as 2020.  A plebescite is held by Governments to test whether people support or oppose a proposed course of action.  In practice this would allow rate payers of local council’s to vote on whether they want to de-amalgamate. [...]  READ MORE →