NSW government now spending more public money on coal boosting than coal transition
The report, Greenwashing Coal in New South Wales, reveals a stark contrast in funding priorities. State government organisations which are meant to be supporting communities with the transition away from coal have an initial budget of just $5.2 million, while public subsidies for coal research and promotion far exceed this amount (5 December 2024). Read more here.
Report says NSW government should review 'long-term feasibility' of native logging industry
The Forestry Corporation of NSW's native logging division is not "economically viable", according to a new report raising questions about the industry's future. The report has recommended that the government reviews the "long-term feasibility" of logging native forests when contracts are renegotiated in 2028. A logging industry group says native logging supports thousands of jobs in NSW and is "critical" to the state's economy. Forestry Corporation says the report does not take into account other sources of revenue (17 December 2024). Read more here.
NSW government vows 'urgent' law reform to ban protests outside places of worship
The NSW government is investigating changes to the law that would ban protests outside all places of worship. The announcement comes after a protest outside Sydney's Great Synagogue that forced the venue to be locked down. The premier said the reform is about upholding the "principles of the tolerant multicultural community" and would be applied equally (8 December 2024). Read more here.
‘Attacking the bargaining system’: NSW government slammed after 11th-hour bid to stop rail strike hits court
The state government launched urgent legal action earlier this month to stop the combined train union from resuming industrial action, though some networks were still impacted. The Australian Rail, Tram, and Bus Union (RTBU) had sworn to undertake more industrial action, including 24 hours strikes and kilometre limits, amid a further breakdown in negotiations. The union has been negotiating with the NSW government for increased pay and 24-hour train services Thursday night to Sunday. So far, no agreement has been reached (16 December 2024). Read more here.
NSW Drug Summit wraps up in controversy
After two days, the NSW Drug Summit 2024 ends with recommendations on how to address the impact of drugs in our community. But tensions appeared to rise at the summit, after the Government re-iterated that decriminalisation was not part of its plan. In his opening address, Premier Chris Minns appeared to welcome the prospect of disagreement. “Nothing worthwhile ever comes out of an echo chamber,” he said (6 December 2024). Read more here.
Two NSW soft plastics recycling projects receive funding
Two new projects in regional New South Wales will help transform more than 12,000 tonnes of soft and hard-to-recycle plastics into valuable materials for local manufacturing every year. Sicut Enterprises and Close the Loop received joint funding from the Federal and New South Wales governments to tackle plastic waste, drive Australia’s transition to a circular economy and boost jobs (5 December 2024). Read more here.
'Shop with respect': NSW warns customers of consequences for abusing retail workers
The New South Wales government is reminding customers to be respectful to retail workers or risk facing charges under new legislation aimed at protecting these employees. The NSW government passed last year the Crimes Legislation Amendment Act, which makes it an offence to assault, intimate or cause harm to a retail work in the course of their duty, with penalties ranging from 4 to 11 years imprisonment. Since its implementation, nearly 100 individuals have been charged under the act, according to the NSW government (17 December 2024). Read more here.
Rosehill racecourse report referred to NSW corruption watchdog as ‘unanswered questions’ remain
A report that found the Minns government failed to maintain impartiality in its championing of a controversial deal to turn Rosehill racecourse into housing has been referred to the New South Wales corruption watchdog. The upper house inquiry released its report on Friday into a proposal to develop the racecourse in Sydney’s west into 25,000 homes. It found the government had not followed proper process in the early stages of its dealings with the Australian Turf Club (6 December 2024). Read more here.
Approvals streamlined for more homes
The New South Wales Government is streamlining planning approvals to deliver more than 280 new homes. The new housing is planned to be developed at the Telstra Exchange site in St Leonards, having been approved in a concurrent rezoning and assessment process. The State Significant Development proposal worth $209 million will include 272 build-to-rent homes, ten affordable housing units, 84 serviced apartments and retail stores, all within a 43-storey mixed-use tower (13 December 2024). Read more here.
LGNSW against councillor briefing ban
The peak body for local government in New South Wales has expressed concern about the proposal to prohibit confidential councillor briefings. While largely supportive of changes to the councillor code of conduct that will improve transparency, integrity and probity across local government, LGNSW president Darriea Turley said: “However, we are particularly concerned about proposed reforms to confidential councillor briefings and how information will be able to be shared with councillors.” (16 December 2024). Read more here.
Councillor Conduct Framework discussion paper welcome
The state’s peak body for local government is supportive of the State Government’s review of the Councillor Conduct Framework but is concerned about several proposed changes in the recently released Councillor Conduct and Meeting Practices Discussion Paper. LGNSW President Cr Darriea Turley AM said the sector supported modifications that would boost transparency, integrity and probity across all levels of government (13 December 2024). Read more here.
EOI – 2025 LGNSW Water Management Conference
LGNSW is calling for presentation proposals for the 2025 LGNSW Water Management Conference, to be held in Albury from 9-11 September 2025. The annual LGNSW Water Management Conference presents the most current and relevant information from a local government perspective on water policy and regulation, water utility management, water security and quality and service delivery. The conference is a major annual event that provides a dedicated forum to discuss water policy initiatives and trends, learn about the latest technical innovations and share best practice in water governance and management. The closing date for the first round of submission proposals is 7 March 2025. Read more here.
Have your say – Restrictive practices legislative framework
The Department of Communities and Justice is seeking feedback on a legislated framework for regulating the use of restrictive practices on people with disability. The aim of the proposed framework is to reduce and, where possible, eliminate the use of restrictive practices. Restrictive practices are actions or interventions that restrict the rights or freedom of movement of a person to change a behaviour which is likely to place the physical safety of the person or others in serious jeopardy. Consultation will be open until 28 February 2025. Access the consultation paper and read more here.
Have your say – Glow Road Markings
Regional roads are more dangerous at night, with higher rates of off-road and head-on crashes compared to urban areas. In NSW, over a third of fatal crashes occur at night, and 70% of road deaths happen in regional areas. To tackle this, Transport for NSW is testing glow-in-the-dark road line markings to improve night-time visibility and safety. The trial starts on 3 December 2024 and will run for six months. If successful, glow road markings could be rolled out to other locations to improve safety on regional roads. The consultation is open for contributions until 31 January 2025. Read more here.
Report of Forestry Corporation NSW for year ended 30 June 2024
The Forestry Corporation of NSW submitted their Annual Report for Forestry Corporations of NSW (Forestry Corporation) for the year ended 30 June 2024 for tabling in Parliament. Forestry Corporation of NSW sustainably grows and manages the ultimate renewable resource – our State forests. State forests both contribute to and complement NSW’s conservation estate, delivering a range of benefits to communities, from access for tourism and recreation to protection of cultural heritage, fire protection and renewable timber production. The report details the performance, operations and financial results of Forestry Corporation (13 December 2024). Access the Report here.
Report of Infrastructure NSW for year ended 30 June 2024
Infrastructure NSW’s core functions include providing independent and strategic advice to ensure infrastructure investment decisions are underpinned by robust assessment and long-term planning; monitoring NSW’s infrastructure program through independent reviews and expert analysis; recommending infrastructure projects to the NSW Treasurer for funding from the Restart NSW Fund; and managing the procurement and delivery of nominated priority projects. The report summarises performance against Infrastructure NSW’s strategy, describing the main achievements under the 4 strategic objectives/priorities: service, coordination, people, and advice (13 December 2024). Access the Report here.
Report of New South Wales Treasury Corporation for year ended 30 June 2024
TCorp’s mission is to provide best-in-class financial management, solutions and advice to the NSW Government family. We work in partnership within TCorp and across the Government family to achieve significant financial impact over the long term to create a stronger NSW. The report outlines their operations and performance as well as includes financial statements for the period of 1 July 2023 to 30 June 2024 (FY24) (13 December 2024). Access the Report here.
Report of Essential Energy for year ended 30 June 2024
Essential Energy builds, operates and maintains one of Australia’s largest electricity distribution networks, providing a vital service to more than 890,000 customers across regional, rural and remote communities. The report highlights Essential Energy’s strategy, operations, performance and financial performance for the financial year ended 30 June 2024 (13 December 2024). Access the Report here.
Oversight of the Public Interest Disclosures Act 2022 Annual Report 2023–24
This report provides a snapshot of voluntary public interest disclosures made between 1 October 2023, when the Public Interest Disclosures Act 2022 (PID Act) commenced, and 30 June 2024. It also details the NSW Ombudsman work under the PID Act, including advice and training, and our monitoring and auditing activities (11 December 2024). Access the Report here.
McNeill v Clarence Valley Council [2024] NSWCATAD 382
ADMINISTRATIVE LAW – administrative review – government information – scope of review – personal information – copyright – reasonable searches.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW); Local Government Act 1993 (NSW); Privacy and Personal Information Protection Act 1998 (NSW); State Records Act 1998 (NSW).
GTV v Nepean Blue Mountains Local Health District [2024] NSWCATAD 383
ADMINISTRATIVE LAW – administrative review – government information – access application – enforceable right to access government information – presumption in favour of the disclosure of government information – overriding public interest against disclosure – public interest considerations against disclosure – public interest considerations in favour of disclosure – balance – term ‘could reasonably be expected’ – personal information –confidential information – prejudice to supply of information – prejudice to the effective exercise of agency’s functions.
ADMINISTRATIVE LAW – reviewable decision – correct and preferable decision – Civil and Administrative Tribunal.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW); Privacy and Personal Information Protection Act 1998 (NSW).
ENVIRONMENTAL OFFENCES: directors of a company which caused a place to be used as a hazardous waste facility without lawful authority – executive liability – pleas of guilty – factors to take into account in determining sentence – whether offenders committed offences intentionally or recklessly – whether environmental harm – potential environmental harm – whether harm foreseeable –practical measures to reduce harm – control over commission of offences – contrition and remorse –good character and likelihood of reoffending – whether offences committed for financial gain – whether offences committed without regard for public safety – capacity to pay fine – comparable cases – monetary penalty imposed – moiety ordered – publication orders made – costs ordered.
Crimes (Sentencing Procedure) Act 1999, ss 3A, 21A, 23; Criminal Procedure Act 1986, s 257B; Environment Protection Act 1970 (Vic), s 27(2); Environmental Planning and Assessment Act 1979, Div 9.3; Fines Act 1996, ss 6, 122; Protection of the Environment Operations Act 1997, ss 3, 143, 144, 169, 241, 245, 246, 248, 250, cll 42, 49 of Sch 1; Recycling and Waste Reduction Act 2020 (Cth), s 87.
State of New South Wales v Schofields Nominee No.5 Pty Ltd [2024] NSWSC 1590
CONTRACTS – remedies – liquidated damages – penalty – whether penalty doctrine engaged by obligation to pay compensation, determined by an expert valuation process, following plaintiff’s non-fulfilment of promise to construct and dedicate a public road and defendant’s issuance of notice demanding payment – whether compensation clause protects defendant’s legitimate interests – whether compensation clause is out of all proportion with impact on plaintiff’s legitimate interests – appropriate remedy if clause properly characterised as penal.
VALUATION – valuer – whether valuation in conformity with agreement – whether experts did not comply with contractual valuation process by failing to consider relevant information and/or failing to “state the basis” of their determination – appropriate relief if valuers erred.
CONTRACTS – misleading conduct under statute – misleading or deceptive conduct – representations – whether plaintiff represented that defendant entitled to compensation as determined by valuation or that it would not challenge compensation clause as penal – whether alleged representations misleading or deceptive.
Civil Procedure Act 2005 (NSW); Conveyancing Act 1919 (NSW) s 88K; Land Acquisition (Just Terms Compensation) Act 1991 (NSW) ss 54, 55.
CRIMINAL – sentencing – pleas of guilty to three breaches of Local Land Services Act 2013 (NSW) arising from private native forestry operation by contractor – extent of environmental harm disputed; CRIMINAL – sentencing – pleas of guilty to three breaches of Local Land Services Act 2013 (NSW) arising from private native forestry operation by sub-contractor – extent of environmental harm disputed – capacity to pay fine – extra curial punishment – impact of publication order
Biodiversity Conservation Act 2016 (NSW), ss 1.3, 1.6, 13.12, 13.25; Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 10, 21A, 22, 23; Criminal Procedure Act 1986 (NSW), ss 257B, 257G; Fines Act 1996 (NSW), ss 6, 122; Local Land Services Act 2013 (NSW), ss 3, 60C, 60D, 60E, 60F, 60H, 60N, 60ZQ, 60ZR, 60ZS, 60ZZA, 60ZZB.
Marrickville Legal Centre v Legal Aid NSW [2024] NSWCATAD 378
ADMINISTRATIVE LAW – access to government information – freedom of information – public interest test – public interest considerations in favour of disclosure outweighed by public interest considerations against disclosure.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Government Information (Public Access) Act 2009.
Station Lane Pty Ltd v Penrith City Council [2024] NSWLEC 1797
DEVELOPMENT APPLICATION – boarding house – waste and recycling management – implications of private contractor waste collection – food organic and green organic waste – reasonable requirements for reporting waste separation and processing – whether rent controls should apply – neighbour objections.
Environmental Planning and Assessment Act 1979, ss 8.7, 8.15; Local Government Act 1993, s 496; Protection of the Environment Operations Act 1997; Penrith Local Environmental Plan 2010, cll 5.21, 7.4, 7.7, 7.30; Protection of the Environment Operations (Waste) Regulation 2014; State Environmental Planning Policy (Affordable Rental Housing) 2009, Pt 2, Divs 1, 2, cll 6, 17; State Environmental Planning Policy (Housing) 2021, Sch 7A; State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6.
LAND LAW – Indigenous land rights – Aboriginal Land Rights Act 1983 (NSW) – claimable Crown lands – where primary judge found land was not claimable Crown lands under s 36(1)(c) because it was needed for an essential public purpose – whether primary judge applied s 36(1)(c) erroneously – where primary judge failed to address the absence of decision of executive government that the land was needed for a particular purpose – where primary judge identified essential public purpose as education provided by private community college – whether primary judge’s conclusion was legally unreasonable.
APPEALS – right of appeal – scope of right – error of law – where appeal from decision from Land and Environment Court only lies on question of law – whether appeal grounds raise questions of law — where grounds allege error in primary judge’s application of s 36(1)(c) of the Aboriginal Land Rights Act 1983 (NSW).
Aboriginal Land Rights Act 1983 (NSW), s 36; Crown Land Management Act 2016 (NSW), s 3.42; Crown Lands Consolidation Act 1913 (NSW), s 233; Land and Environment Court Act 1979 (NSW), ss 19, 57; Public Trusts Act 1897 (NSW).
Totterman v Richmond Valley Council [2024] NSWCATAD 368
Joinder – right to appear and be heard – party to proceedings – proper and necessary party – appeal rights – costs – the guiding principle.
Government Information (Public Access) Act 2009 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Administrative Decisions Review Act 1997 (NSW).
Brand v Ballina Shire Council [2024] NSWLEC 1798
DEVELOPMENT APPEAL – strata subdivision – dwelling houses – staged development – characterisation – zone objectives – local centre – activation – draft LEP – planning proposal.
Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.22; Strata Schemes Development Act 2015; Ballina Local Environment Plan, cll 2.3, 2.6, 4.1, 4.1A, 4.1B, 4.2, 4.2A, 4.2B, 4.2C, 6.1, 7.9, 7.17, Pts 4, 6, 7, Sch 1; Draft Planning Proposal – 24/002 General Amendment 2024; Environmental Planning and Assessment Regulation 2021; State Environmental Planning Policy (Biodiversity and Conservation) 2021; State Environmental Planning Policy (Resilience and Hazards) 2021; State Environmental Planning Policy (Transport and Infrastructure) 2021.
Proclamations commencing Acts
Aboriginal Land Rights Amendment Act 2022 No 68 (2024-612) – published LW 6 December 2024
Crimes (Domestic and Personal Violence) and Other Legislation Amendment Act 2024 No 59 (2024-622) – published LW 13 December 2024
Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Act 2024 No 12 (2024-623) – published LW 13 December 2024
Music Festivals Amendment Act 2024 No 61 (2024-621) – published LW 12 December 2024
Residential Tenancies Amendment Act 2024 No 75 (2024-624) – published LW 13 December 2024
Transport Administration Amendment Act 2024 No 58 (2024-625) – published LW 13 December 2024
Regulations and other miscellaneous instruments
Code of Practice – Train Visibility at Level Crossings (2024-620) – published LW 6 December 2024
Government Sector Legislation Amendment (Miscellaneous) Regulation 2024 (2024-611) – published LW 4 December 2024
Motor Accident Guidelines Version 9.3 (2024-613) – published LW 6 December 2024
Referable Debt Order (2024-614) – published LW 6 December 2024
Education and Care Services National Amendment (Transitional Provisions) Regulations 2024 (2024-658) –published LW 13 December 2024
Electricity Infrastructure Investment Amendment (Functions) Regulation 2024 (2024-626) – published LW 13 December 2024
Electricity Infrastructure Investment Amendment Regulation 2024 (2024-627) – published LW 13 December 2024
Electricity Supply (General) Amendment (Renewable Fuel Scheme) Regulation 2024 (2024-628) – published LW 13 December 2024
Environmental Planning and Assessment Amendment (Development Levies) Regulation (No 2) 2024 (2024-629) – published LW 13 December 2024
Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Regulation 2024 (2024-630) – published LW 13 December 2024
Environmental Planning and Assessment Amendment (Temporary Housing) Regulation 2024 (2024-631) – published LW 13 December 2024
Final Determination [Biodiversity Conservation Act 2016] (2024-632) – published LW 13 December 2024
Gaming Machines Amendment Regulation 2024 (2024-633) – published LW 13 December 2024
Health Services Amendment (Visiting Medical Officers) Regulation 2024 (2024-634) – published LW 13 December 2024
Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Amendment Regulation 2024 (2024-635) – published LW 13 December 2024
Motor Vehicle Legislation Amendment (Tax and Registration Charges) Regulation 2024 (2024-636) – published LW 13 December 2024
Passenger Transport (Opal and Other Fares) Amendment Order (No 2) 2024 (2024-637) – published LW 13 December 2024
Private Health Facilities Amendment (Psychedelic-assisted Therapy) Regulation 2024 (2024-638) – published LW 13 December 2024
Rail Safety National Law National Regulations (Drug and Alcohol Testing) Amendment Regulations 2024 (2024-639) – published LW 13 December 2024
Surveillance Devices Amendment (Body-Worn Video) Regulation 2024 (2024-640) – published LW 13 December 2024
Tattoo Industry Amendment Regulation 2024 (2024-641) – published LW 13 December 2024
Work Health and Safety (Mines and Petroleum Sites) Amendment Regulation 2024 (2024-642) – published LW 13 December 2024
Environmental Planning Instruments
Cessnock Local Environmental Plan 2011 (Amendment No 44) (2024-615) – published LW 6 December 2024
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 12) (2024-616) – published LW 6 December 2024
Hay Local Environmental Plan 2011 (Amendment No 1) (2024-617) – published LW 6 December 2024
Penrith Local Environmental Plan (Industry and Employment) (Map Amendment No 3) (2024-618) – published LW 6 December 2024
Shoalhaven Local Environmental Plan 2014 (Amendment No 55) (2024-619) – published LW 6 December 2024
Campbelltown Local Environmental Plan 2015 (Map Amendment No 12) (2024-643) – published LW 13 December 2024
Campbelltown Local Environmental Plan 2015 (Map Amendment No 14) (2024-644) – published LW 13 December 2024
Cessnock Local Environmental Plan 2011 (Map Amendment No 13) (2024-645) – published LW 13 December 2024
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 11) (2024-646) – published LW 13 December 2024
Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 11) (2024-647) – published LW 13 December 2024
Gunnedah Local Environmental Plan 2012 (Map Amendment No 4) (2024-648) – published LW 13 December 2024
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 16) (2024-649) – published LW 13 December 2024
Parramatta Local Environmental Plan 2023 (Map Amendment No 6) (2024-650) – published LW 13 December 2024
State Environmental Planning Policy (Housing) Amendment (Construction Workers Accommodation) 2024 (2024-651) – published LW 13 December 2024
State Environmental Planning Policy (Housing) Amendment (Temporary Housing) 2024 (2024-652) – published LW 13 December 2024
State Environmental Planning Policy (Planning Systems) Amendment (State Significant Development) 2024 (2024-653) – published LW 13 December 2024
State Environmental Planning Policy (Transport and Infrastructure) Amendment (No 3) 2024 (2024-654) – published LW 13 December 2024
Sydney Local Environmental Plan 2012 (Amendment No 106) (2024-657) – published LW 13 December 2024
Tweed Local Environmental Plan 2014 (Amendment No 41) (2024-655) – published LW 13 December 2024
Wollongong Local Environmental Plan 2009 (Amendment No 56) (2024-656) – published LW 13 December 2024
Bills assented to
Royal Botanic Gardens and Domain Trust Amendment Act 2024 No 86 – Assented to 02 December 2024
Public Health (Tobacco) Amendment Act (No 2) 2024 No 87 – Assented to 02 December 2024
State Insurance and Care Governance Amendment (Governance Arrangements) Act 2024 No 88 – Assented to 02 December 2024
Witness Protection Amendment Act 2024 No 89 – Assented to 02 December 2024
Revenue Legislation Further Amendment Act 2024 No 90 – Assented to 02 December 2024
Environmental Planning and Assessment Amendment (State Significant Development) Act 2024 No 91 – Assented to 02 December 2024
Victims Rights and Support Amendment (Victims Support Counselling) Act 2024 No 92 – Assented to 02 December 2024
Crimes Amendment (Obstructing a Railway) Act 2024 No 93 – Assented to 02 December 2024
Public Health (Tobacco) Amendment Act 2024 No 94 – Assented to 02 December 2024
Transport Administration Amendment (NSW Motorways) Act 2024 No 95 – Assented to 02 December 2024
Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024 No 96 – Assented to 02 December 2024
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
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