High-rise living accelerates in greater Sydney, Wollongong and Newcastle
Regional centres are embracing high-rise living, with the number of new apartment blocks due to escalate in response to the housing crisis. While some growing high-density locations are being applauded for incorporating open space with community facilities and transport, others are criticised as "dormitory suburbs" lacking in life. The New South Wales government is introducing a series of changes such as rezoning to promote development. Newcastle Mayor Nuatali Nelmes says $3 billion will be invested into the centre of Newcastle over 30 years and create 20,000 new homes and 15,000 jobs. (26 August 2024). Read more here.
A First Class upgrade: Sydney Gateway to open Sunday
Sydney Gateway, the toll-free, time-saving connection to Sydney Airport, will open to traffic from the motorway network on Sunday 1 September. The new five kilometres of motorway will transform access to the airport, saving motorists an estimated 17 minutes between the airport and the St Peters Interchange which connects to the M8, and the main routes to Western Sydney – the M5 and M4. Minister for Roads John Graham said, “Sydney Metro was a transformational infrastructure project for Sydney and the opening of Gateway is now going to transform that familiar car trip to the airport, whether it is to depart on holidays, return on business or picking up the family.” (26 August 2024). Read more here.
Minister orders review of NSW Strata and Property Services Commissioner John Minns's stake in property group
The NSW Strata and Property Services Commissioner, John Minns, responsible for overseeing strata governance and assisting in the regulation of the state's property sector — has failed to publicly disclose more than 500,000 shares in a major real estate and strata services company. John Minns said publicly he had sold his interest in Independent Property Group in 2021. However, his family trust continued to hold shares in the company worth more than $750,000. NSW's Minister for Better Regulation and Fair Trading, Anoulack Chanthivong, has asked for an urgent review of the matter. (23 August 2024). Read more here.
NSW to consult on Forestry Industry Action Plan
The NSW Government is today announcing the appointment of an expert panel to lead consultation on a Forestry Industry Action Plan, which will outline the path NSW will take to ensure a sustainable timber industry that aligns with the government’s key environmental priorities. The Panel will be tasked with consulting with a broad range of stakeholders and report to Government on the best options to achieve the balance between sustainable supplies of timber and our environmental commitments. (26 August 2024). Read more here.
$4m Aboriginal Languages boost as new grant round opens
The NSW Government is delivering on its ongoing commitment to revitalise Aboriginal Languages, with the announcement of more than $4 million in grants to fund 74 Aboriginal Language projects across the state. This new funding builds on the $3.9 million delivered in 2023, double the Coalition Government’s spend in 2022. The Minister for Aboriginal Affairs and Treaty David Harris announced the funding while visiting one of the grant recipients, First Linguists, in the town of Brewarrina on Thursday. First Linguists, supported by Brewarrina Local Aboriginal Land Council, will receive a $15,000 grant to develop workshops to revitalise and preserve the Ngemba, Ualarai, Murrawarri and Kimilaroi Languages. (26 August 2024). Read more here.
Bowdens Silver mine project in NSW deemed void after appeal upheld
The NSW Supreme Court of Appeal has upheld an appeal against the Bowdens silver mine project near Mudgee. The court found the state's Independent Planning Commission failed to consider the impacts of a transmission line when it granted the approval in 2023. For the past four years, the Mudgee Region Action Group has been fighting the development, claiming the impacts of silver and lead in the air and surrounding groundwater could be disastrous. The mines' parent company Silver Mines Limited said it was disappointed and would explore its options. (16 August 2024). Read more here.
New strategy and regulatory priorities launched to protect consumers and businesses
NSW Fair Trading has launched its new 2024-2027 strategy and regulatory priorities for the 2024-25 financial year. The 2024-2027 strategy sets a new vision to safeguard consumer rights and ensure fair practices across key sectors. It captures where NSW Fair Trading focusing its efforts, and what approach it will take to deliver activities that achieve our vision and purpose. The 2024 regulatory priorities outline the specific areas and consumer harms it aims to address proactively in the financial year 2024-25. (22 August 2024). Read more here.
Performance Audit Report of the Auditor-General entitled "Threatened species and ecological communities"
The objective of this audit was to assess whether DCCEEW has effectively delivered outcomes to support threatened species and ecological communities across New South Wales. To address this objective, the audit considered whether the Department of Climate Change, Energy, the Environment and Water (DCCEEW) has implemented an effective long-term plan to deliver positive outcomes for threatened species and ecological communities, and whether DCCEEW has delivered a statutory Biodiversity Conservation Program that contributes to positive outcomes for threatened species and ecological communities. (15 August 2024). Read more here.
Special Report of the NSW Ombudsman entitled "Investigation into inmate discipline in NSW correctional centres"
This is a report of the NSW Ombudsman’s own motion investigation into the administration of the NSW inmate disciplinary system. It was found that there is a systemic failure to follow the requirements of the legislation and the relevant policies in relation to inmate discipline. In some cases, this is leading to unjust outcomes and potentially unlawful decisions. The NSW Ombudsman saw maladministration at all steps in the disciplinary process, which was not confined to any particular centres or decision-makers. (21 August 2024). Read more here.
Special Report of the NSW Ombudsman entitled "Investigation into actions taken against bystander inmates following an incident at Clarence Correctional Centre"
Following complaints made by some of those inmates, the NSW Ombudsman conducted an investigation and found that procedural requirements designed to ensure a fair process had not been followed when inmates were charged with correctional centre offences, and that inmates were found guilty despite relevant evidence (including CCTV footage) not supporting such findings. The Ombudsman also found that 'behaviour management contracts' were imposed on some inmates inappropriately, and the conditions of these contracts were unreasonable and oppressive. (21 August 2024). Read more here.
Report No. 52 of Portfolio Committee No. 3 – Education entitled "Children and young people with disability in New South Wales educational settings"
Portfolio Committee No. 3 – Education inquires into and report on current levels of access and attainment for children and young people with disability in New South Wales educational settings. It provides an opportunity to hear directly from children and young people with disability and their families, educators and representatives about how the committee can make NSW’s education system safe, inclusive and accessible for all students. Following the landmark Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, which focused considerably on inclusive education as the nucleus of an inclusive society, the committee examined the state of NSW’s education system including public and private mainstream and special educational settings, from early childhood education through to vocational education and university settings. (22 August 2024). Read more here.
Report of the Committee on the Independent Commission Against Corruption entitled 'Review of the 2021-2022 and 2022-2023 annual reports of the ICAC and the Inspector of the ICAC'
This report is the Committee's first review of the annual reports of the Independent Commission Against Corruption (ICAC) and Inspector of the ICAC conducted during the 58th Parliament. The inquiry was also the Committee's first opportunity to hear evidence from the current Chief Commissioner and Commissioners of the ICAC and the current Inspector, all of whom began their terms in 2022. (22 August 2024). Read more here.
NSW Aboriginal Health Plan 2024‑2034
The NSW Aboriginal Health Plan 2024-2034 marks a significant step towards reforming health systems to provide culturally safe, holistic and high-quality care for all Aboriginal people in NSW. The vision of this plan is ‘Sharing power in system reform to achieve the highest levels of health and wellbeing for Aboriginal people’. By sharing decision-making power with Aboriginal people we can challenge the status quo, we can do things differently and we can achieve different outcomes. (25 August 2024). Read more here.
Guide to the Role Delineation of Clinical Services (2024)
The NSW Health Guide to the Role Delineation of Clinical Services aims to provide a consistent language for describing clinical services. The Guide was developed through a series of stakeholder workshops with support from a Project Reference Group, the Ministry and Pillar agencies. It is informed by ongoing consultation and commentary from local health districts, specialty health networks and service providers. (20 August 2024). Read more here.
Consent to Medical and Healthcare Treatment Manual
The second edition of the NSW Health Consent to Medical and Healthcare Treatment Manual (Consent Manual) includes the specific and additional consent requirements for Minors accessing gender affirming medical treatment. The Consent Manual provides operational guidance and procedures to support compliance with the NSW law on obtaining consent to medical treatment from patients or their substitute consent providers. The Consent Manual incorporates changes in legislation and NSW Health policy which impact on the legal obligations for obtaining consent to medical treatment. (19 August 2024). Read more here.
Alcohol and Other Drugs Workforce Strategy 2024-2032
This strategy is a significant milestone for the sector. It sets a clear direction for cross-sector action and partnerships that will enhance the capacity and capability of the AOD workforce across NSW. It has been developed with the invaluable input and collaboration of a wide range of stakeholders, including NADA, and extensive consultation from the non-government AOD sector. (16 August 2024). Read more here.
Have your say – State-wide coal mine consultation
The NSW Environment Protection Authority (EPA) uses licences to regulate coal mines in NSW. Operators are required to meet legally enforceable conditions to protect the community and the environment. The EPA progressively make changes to licences to ensure they reflect best practice. This consultation is an important opportunity to have a look at the sector as a whole and ensure licences are operating as intended, to protect the health of the community and environment. This consultation will complement the individual statutory five yearly reviews of coal mine licences, the majority of which are due in 2024, and provide community with a streamlined opportunity to have their say. Read more here.
Cachuela v Commissioner of Police, NSW Police Force [2024] NSWIRComm 1053
EMPLOYMENT AND INDUSTRIAL LAW – termination – statutory rights – unfair dismissal – jurisdiction – employee dismissed five days before end of probationary period – reasonable period of probation – minimum probation period prescribed by statutory rule – probationary period reasonable having regard to nature and circumstances of employment – no jurisdiction to hear and determine unfair dismissal claim
Government Sector Employment (General) Rules 2014, r 5(2)(b); Government Sector Employment (NSW Police Force) Rules 2017 (NSW), rr 2, 28; Industrial Relations Act 1996 (NSW), ss 81, 83, 84, 85, 88, 89; Industrial Relations (General) Regulation 2020 (NSW), reg 6; Interpretation Act 1987 (NSW), ss 3, 5, 41, Schedule 4 Dictionary; Police Act 1990 (NSW), ss 6, 81E, 81F, 93A; Public Sector Employment and Management Act 2002 (NSW), s 23
Jalil v Commissioner of Police, NSW Police Force [2024] NSWCATOD 132
LICENCING – security licence – mandatory revocation – whether convicted of a prescribed offence involving assault of any description – summary dismissal – arguable case
Civil and Administrative Tribunal Act, s 55(1)(b); Crimes Act 1900 (NSW), s 53; Security Industry Act 1997 (NSW); Security Industry Regulation 2016, cl 15(1)(c)
Pezzano v Department of Creative Industries, Tourism, Hospitality and Sport [2024] NSWCATAD 247
ADMINISTRATIVE LAW – access to government information – ground for refusing access – overriding secrecy laws – whether information held by agency – reasonable searches.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Corporations Act 2001 (Cth); Government Information (Public Access) Act 2009 (NSW); Lotteries and Art Unions Act 1901 (NSW); Public Lotteries Act 1996 (NSW)
Secretary, Department of Planning, Housing and Infrastructure v CEAL Ltd (t/as Multiquip Quarries) [2024] NSWLEC 89
CRIMINAL – practice and procedure – charge of failing to comply with development consent conditions by breach of s 9.51 Environment Planning and Assessment Act 1979 (NSW) – whether amended summons patently duplicitous
Environment Protection Authority v Pullinger [2022] NSWLEC 143; Environment Protection Authority v Truegain Pty Ltd (2013) 85 NSWLR 125; [2013] NSWCCA 204; Johnson v Miller (1937) 59 CLR 467; [1937] HCA 77; Kiangatha Holdings Pty Ltd v Water NSW [2020] NSWCCA 263; Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd (2018) 362 ALR 359; [2018] NSWCCA 202; Walsh v Tattersall (1996) 188 CLR 77; [1996] HCA 26
Environment Protection Authority v McMurray [2024] NSWCCA 160
CRIMINAL PROCEEDINGS – Stated question – question of law arising on appeal to Land and Environment Court – offence attracting special executive liability – cause place to be used as waste facility without lawful authority – law providing for special executive liability of executives for offence by corporation – offence committed by local council – liability of general manager of council – law applies to and in respect of council in same way as applies to and in respect of corporation – whether special executive liability law applies to and in respect of council – whether law applies to and in respect of general manager
Crimes (Appeal and Review) Act 2001 (NSW), s 42B; Criminal Appeal Act 1912 (NSW), ss 5BA, 56A; Local Government Act 1993 (NSW), s 220; Local Government Amendment (Legal Status) Act 2008 (NSW); Interpretation Act 1987 (NSW), s 34; Protection of the Environment Operations Act 1997 (NSW), ss 144, 169
Harry v Inner West Council (No 3) [2024] NSWSC 1027
ANIMALS – companion animals – dogs – menacing dog declaration made by authorised officer – validity
ADMINISTRATIVE LAW – judicial review of menacing dog declaration – irrelevant considerations – owner’s involvement in prior dog attacks –dog’s prior history of attacks – no express limitation on matters to be considered – subject-matter, scope and purpose of legislation – no implied limitation on addressing matters complained of
CIVIL PROCEDURE – judicial review – commencing proceeding – extension of time – 10 months extension required – merit of claim – no prejudice to public or defendant – evidence of psychological disability
Companion Animals Act 1998 (NSW), ss 3A, 11, 13, 16, 23, 33, 33A, 35, 36, 41, 47, 51, Pt 9, ss 79, 80, 83, 83C; Companion Animals Regulation 2018 (NSW), cll 30, 31, Pt 6; Mental Health (Forensic Provisions) Act 1990 (NSW), s 32; Supreme Court Act 1970 (NSW), s 69; Uniform Civil Procedure Rules 2005 (NSW), rr 59.4, 59.10
Peden v Lake Macquarie City Council [2024] NSWLEC 87
JUDICIAL REVIEW: validity of modification development consent – whether the development modified substantially the same – applicable legal principles – development as modified not substantially the same development – respondents restrained from acting upon the modified development consent.
COSTS: whether respondents to pay the applicant’s costs where respondents filed submitting appearances – applicable legal principles – costs order made against consent authority up to the date of filing submitting appearance.
Civil Procedure Act 2005, ss 56-60; Environmental Planning & Assessment Act 1979, ss 4.15, 4.55; Lake Macquarie Local Environmental Plan 2014
Webb v Secretary, Department of Communities and Justice [2024] NSWCATAD 251
ADMINISTRATIVE LAW – Government Information (Public Access) Act 2009 (NSW) – Decision that information not held – Reasonable searches
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW)
Hardiman v Parramatta City Council [2024] NSWCATAD 242
Human Rights – leave – disability discrimination – sufficiency of access to park
Anti-Discrimination Act, 1977 (NSW)
Proclamations commencing Acts
Residential (Land Lease) Communities Amendment Act 2024 No 46 (2024-400) – published LW 23 August 2024
Scrap Metal Industry Amendment (Review) Act 2022 No 51 (2024-401) – published LW 23 August 2024
Regulations and other miscellaneous instruments
Agricultural and Veterinary Chemicals (New South Wales) Regulation 2024 (2024-402) – published LW 23 August 2024
Apprenticeship and Traineeship Regulation 2024 (2024-403) –– published LW 23 August 2024
Children’s Court Regulation 2024 (2024-404) – published LW 23 August 2024
Electricity Infrastructure Investment Amendment (Revenue Determinations) Regulation 2024 (2024-405) – published LW 23 August 2024
Fisheries Management (Aquaculture) Regulation 2024 (2024-406) – published LW 23 August 2024
Government Advertising Regulation 2024 (2024-407) – published LW 23 August 2024
Hunter Water Regulation 2024 (2024-408) – published LW 23 August 2024
Industrial Relations Commission (Amendment No 1) Rules 2024 (2024-409) – published LW 23 August 2024
Law Enforcement and National Security (Assumed Identities) Regulation 2024 (2024-410) – published LW 23 August 2024
Parliamentary Contributory Superannuation Regulation 2024 (2024-411) – published LW 23 August 2024
Powers of Attorney Regulation 2024 (2024-412) – published LW 23 August 2024
Professional Standards Regulation 2024 (2024-413) – published LW 23 August 2024
Referable Debt Order (2024-414) – published LW 23 August 2024
Residential (Land Lease) Communities Amendment Regulation 2024 (2024-415) – published LW 23 August 2024
Rural Assistance Regulation 2024 (2024-416) – published LW 23 August 2024
Scrap Metal Industry (Transitional) Amendment Regulation 2024 (2024-417) – published LW 23 August 2024
Scrap Metal Industry Regulation 2024 (2024-418) – published LW 23 August 2024
State Records Regulation 2024 (2024-419) – published LW 23 August 2024
Statutory and Other Offices Remuneration (Executive Office Holders and Senior Executives) Amendment Regulation 2024 (2024-420) – published LW 23 August 2024
Statutory and Other Offices Remuneration (Judicial and Other Office Holders) Regulation 2024 (2024-421) – published LW 23 August 2024
Stock Medicines Regulation 2024 (2024-422) – published LW 23 August 2024
Subordinate Legislation (Postponement of Repeal) Order 2024 (2024-423) – published LW 23 August 2024
Aboriginal Land Rights Amendment (Regions) Order 2024 (2024-370) – published LW 16 August 2024
Administrative Arrangements (Administrative Changes—Corrective Services NSW) Order 2024 (2024-371) – published LW 16 August 2024
Administrative Decisions Review Regulation 2024 (2024-372) – published LW 16 August 2024
Assisted Reproductive Technology Regulation 2024 (2024-373) – published LW 16 August 2024
Casino Control Amendment Regulation 2024 (2024-374) – published LW 16 August 2024
Children (Protection and Parental Responsibility) Regulation 2024 (2024-375) – published LW 16 August 2024
Civil Liability Regulation 2024 (2024-376) – published LW 16 August 2024
Crimes (Criminal Organisations Control) Regulation 2024 (2024-377) – published LW 16 August 2024
Crimes (High Risk Offenders) Regulation 2024 (2024-378) – published LW 16 August 2024
Crimes (Sentencing Procedure) Regulation 2024 (2024-379) – published LW 16 August 2024
Crown Land Management Amendment Regulation 2024 (2024-380) – published LW 16 August 2024
Dormant Funds Regulation 2024 (2024-381) – published LW 16 August 2024
Education Standards Authority Regulation 2024 (2024-382) – published LW 16 August 2024
Insurance Regulation 2024 (2024-383) – published LW 16 August 2024
National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Regulation 2024 (2024-384) – published LW 16 August 2024
Oaths Regulation 2024 (2024-385) – published LW 16 August 2024
Teaching Service Regulation 2024 (2024-386) – published LW 16 August 2024
Terrorism (High Risk Offenders) Regulation 2024 (2024-387) – published LW 16 August 2024
Transport Administration (General) Amendment (Parramatta Light Rail) Regulation 2024 (2024-388) – published LW 16 August 2024
Trees (Disputes Between Neighbours) Regulation 2024 (2024-389) – published LW 16 August 2024
Work Health and Safety Amendment (Crystalline Silica Substances) Regulation 2024 (2024-390) – published LW 16 August 2024
Environmental Planning Instruments
Fairfield Local Environmental Plan 2013 (Map Amendment No 7) (2024-424) – published LW 23 August 2024
Orange Local Environmental Plan 2011 (Amendment No 37) (2024-429) – published LW 23 August 2024
Port Stephens Local Environmental Plan 2013 (Map Amendment No 8) (2024-425) – published LW 23 August 2024
Shoalhaven Local Environmental Plan 2014 (Amendment No 54) (2024-426) – published LW 23 August 2024
State Environmental Planning Policy (Precincts—Regional) Amendment (Activation Precincts) 2024 (2024-427) – published LW 23 August 2024
Warringah Local Environmental Plan 2011 (Amendment No 29) (2024-428) – published LW 23 August 2024
Byron Local Environmental Plan 2014 (Amendment No 44) (2024-391) – published LW 16 August 2024
Cessnock Local Environmental Plan 2011 (Map Amendment No 11) (2024-392) – published LW 16 August 2024
Fairfield Local Environmental Plan 2013 (Map Amendment No 8) (2024-393) – published LW 16 August 2024
Georges River Local Environmental Plan 2021 (Amendment No 9) (2024-394) – published LW 16 August 2024
Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 10) (2024-395) – published LW 16 August 2024
Inner West Local Environmental Plan 2022 (Amendment No 8) (2024-396) – published LW 16 August 2024
Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 13) (2024-397) –– published LW 16 August 2024
Narromine Local Environmental Plan 2011 (Amendment No 13) (2024-398) – published LW 16 August 2024
Waverley Local Environmental Plan 2012 (Amendment No 25) (2024-399) – published LW 16 August 2024
Bills introduced - Government
Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024
Child Protection (Offenders Registration) Amendment Bill 2024
Environmental Trust Amendment Bill 2024
Ports and Maritime Administration Amendment Bill 2024
Strata Managing Agents Legislation Amendment Bill 2024
Non-Government
Summary Offences Amendment (War Memorials and Other Protected Places) Bill 2024
Bills revised following amendment in Committee
Government Sector Finance Amendment (Integrity Agencies) Bill 2024
Industrial Relations Amendment (Administrator) Bill 2024
Local Government Amendment (Rural and Remote Councils) Bill 2024
Ombudsman and Other Legislation Amendment Bill 2024
Retail Trading Amendment (Anzac Day Trading Hours) Bill 2024
Bills passed by both Houses of Parliament
Better Regulation Legislation Amendment (Miscellaneous) Bill 2024
Industrial Relations Amendment (Administrator) Bill 2024
NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024
Ombudsman and Other Legislation Amendment Bill 2024
Retail Trading Amendment (Anzac Day Trading Hours) Bill 2024
Bills assented to
Ombudsman and Other Legislation Amendment Act 2024 No 52 – assented to 20 August 2024
Better Regulation Legislation Amendment (Miscellaneous) Act 2024 No 53 – assented to 20 August 2024
NSW Self Insurance Corporation Amendment (Special Liability Insurance) Act 2024 No 54 – assented to 20 August 2024
Retail Trading Amendment (Anzac Day Trading Hours) Act 2024 No 55 – assented to 20 August 2024
Industrial Relations Amendment (Administrator) Act 2024 No 56 – assented to 20 August 2024
Coal Mine Subsidence Compensation Amendment Act 2024 No 48 – assented to 15 August 2024
Water Management Amendment (Central Coast Council) Act 2024 No 49 – assented to 15 August 2024
Rice Marketing Amendment Act 2024 No 50 – assented to 15 August 2024
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Act 2024 No 51 — assented to 15 August 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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