This week, we wrapped up our annual NSW Government lawyers annual CLE seminar series.
Our legal teams from across key practice areas helped our government clients to understand and navigate some of the key risks and threats facing the public sector this year. The following topics were covered:
- how to manage psychosocial hazards in the workplace
- research tools in the digital era
- ways to ensure legal advice is heard and understood
- tips and tricks for handling subpoenas
- ethics for government lawyers
- key judicial review decisions in the Land and Environment Court
- employee investigations in the health system
- making sense of global supply chains
- dealing with due diligence in property acquisitions, disposals and PPPs
- mastering intellectual property and online brand risks.
If you missed our program or would like to revisit these sessions, watch our on-demand here or read our articles here.
In practice and courts
AAT Bulletin Issue No. 4/2023
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 (27 February 2022). Read more
here.
Decisions reserved – NSW Court of Appeal
The Court of Appeal maintains a list of matters before the
Court for which judgment is reserved (03 March 2023). Read more
here.
Publications – articles, papers and reports
Changes coming for Class 3 and 9c buildings 2023
From 3 July 2023, the Design and Building Practitioners
Act 2020 and the Residential Apartment Buildings (Compliance and
Enforcement Powers) Act 2020 will be expanded to include new Class
3 and 9c buildings (24 February 2023). Read the notice
here.
Reforms to fire safety regulation 2022
Changes made to the Environmental Planning and Assessment
(Development Certification and Fire Safety) Regulation 2021 to
improve "fire safety in new and existing buildings" will
be introduced gradually from 13 February 2023 (09 February 2023).
Read the reforms
here.
Noise Guide for Local Government
An updated Noise Guide for Local Government is available
to help NSW councils to manage noise from sources such as
construction and industry (31 January 2023). Read the Guide
here.
Government's acquisition of private property: Sydney
Metro project
The Audit Office of NSW has made four recommendations have
been made for agencies involved in the acquisition of private
properties for the Sydney Metro project (09 February 2023). Read
the report
here.
NSW government agencies' use of consultants
The Audit Office of NSW has found that NSW government
"agencies do not procure and manage consultants
effectively" (02 March 2023). Read the report
here.
Cases
YDB v NSW Land and Housing Corporation
[2023] NSWCATAP 55
ADMINISTRATIVE LAW – particular administrative
tribunals – NSW Civil and Administrative Tribunal –
adequacy of reasons for interlocutory decisions.
APPEALS – extension of time decision and set aside decision
– discretionary decisions – leave to appeal from
interlocutory decisions.
LEASE AND TENANCIES – social housing – termination of
tenancy – illegal activity – set aside
application
Administration Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Residential Tenancies Act
2010 (NSW); Civil and Administrative Tribunal Regulations 2013
(NSW).
Urban Apartments Pty Ltd v Penrith City
Council [2023] NSWLEC
1094
DEVELOPMENT APPLICATION – mixed use development in
B4 Mixed Use zone – residential apartment development –
whether exhibits design excellence – whether community
infrastructure is included – flood evacuation – whether
variation to sun access development standard is justified.
Environmental Planning and Assessment Act 1979; Environmental
Planning and Assessment Regulation 2000; Land and Environment Court
Act 1979; Penrith Local Environmental Plan 2010; Roads Act 1993;
State Environmental Planning Policy (Planning Systems) 2021; State
Environmental Planning Policy No 65 – Design Quality of
Residential Apartment Development; Sydney Local Environmental Plan
2012.
Sung v City of Canada Bay Council
[2023] NSWLEC 1087
APPEAL – development application – boarding
house – breach of height development standard –
question of whether a clause 4.6 request is required –
whether local environmental plan is inconsistent with the state
environmental planning policy – whether proposed development
complies with the permitted floor space ratio – whether
design is compatible with the character of the local area –
amenity of boarding rooms.
Canada Bay Local Environmental Plan 2013; Environmental Planning
and Assessment Act 1979; Land and Environment Court Act 1979;
Standard Instrument (Local Environmental Plans) Amendment Order
2011; State Environmental Planning Policy (Affordable Rental
Housing) 2009; State Environmental Planning Policy (Housing for
Seniors or People with a Disability) 2004; State Environmental
Planning Policy (Housing) 2021; State Environmental Planning Policy
(Resilience and Hazards) 2021.
JY Crown Pty Ltd v Inner West Council
[2023] NSWLEC 1081
DEVELOPMENT APPLICATION – development for the
purposes of shop top housing – Parramatta Road corridor
– variation to floor space ratio sought – voluntary
planning agreement proposed – compatibility of the
development with the desired future character – precondition
to the grant of consent not satisfied – appeal
dismissed.
Environmental Planning and Assessment Act 1979; Environmental
Planning and Assessment Regulation 2000; Inner West Local
Environmental Plan 2022; Leichhardt Local Environmental Plan
2013.
State Capital Property Pty Ltd v The Council of the
City of Sydney [2023] NSWLEC
1076
DEVELOPMENT APPLICATION: change of use – residential
apartment development – mixed use development – FSR
standard is exceeded – heritage conservation area –
street frontage height.
Environmental Planning and Assessment Act 1979; Environmental
Planning and Assessment Regulation 2000; Sydney Local Environmental
Plan 2012.
123 259 932 Pty Ltd v Cessnock City
Council [2023] NSWCA
21
CONTRACTS – remedies – damages –
reliance damages – presumption referred to in McRae v
Commonwealth Disposals Commission and The Commonwealth v Amann
Aviation – whether primary judge erred in finding that the
presumption did not arise – presumption arises where
expenditure is incurred by a plaintiff in reliance on a contractual
promise made by the defendant and "wasted" because of
non-performance by the defendant – no precondition that the
plaintiff first establish it is "impossible" to prove
expectation damages – plaintiff proved conditions for
presumption – Ground of Appeal upheld.
CONTRACTS – remedies – damages – reliance damages
– presumption referred to in McRae v Commonwealth Disposals
Commission and The Commonwealth v Amann Aviation – whether
primary judge erred in finding presumption rebutted –
presumption rebutted where defendant demonstrates plaintiff would
not have recouped expenditure – contractual and
non-contractual potential benefits of plaintiff to be considered in
expenditure inquiry – plaintiff rejected inferior offer of
defendant – innocent party to a contract entitled to insist
on contractual rights rather than accept inferior proposal –
rejection of offer could not form reasonable basis for inference
defendant would not have recouped expenditure – presumption
not rebutted – ground of appeal upheld.
CONTRACTS – remedies – damages – remoteness of
damage – whether primary judge erred in finding recovery was
precluded by the rule in Hadley v Baxendale – loss incurred
by plaintiff reasonably can be supposed to have been in the
contemplation of both parties when contract was made –
damages fall within the second limb of Hadley v Baxendale –
ground of appeal upheld.
Corporations Act 2001 (Cth); Environmental Planning and Assessment
Act 1979 (NSW).
Kudrynski v Orange City Council
[2023] NSWLEC 9
COMPULSORY ACQUISITION: flood prone vacant land acquired
by the council for the public purpose of stormwater harvesting
project – land constrained by easements and affected by
traffic noise – highest and best use of the land is for
rural-residential development – limited comparable sales
evidence – adoption of hypothetical development approach
– application of statutory disregard – claim that
stormwater harvesting project either unfeasible or illegal
irrelevant to proceedings – limited weight placed on
valuation evidence of applicant because it was decades old and
because no adjustments were made to comparable sales – no
other valuation evidence provided by applicant – no town
planning evidence relied upon by applicant – Court relied
upon the town planning and valuation evidence provided by the
respondent to calculate the compensation payable for the
acquisition of the land.
Land Acquisition (Just Terms Compensation) Act 1992; Land and
Environment Court Act 1979; Land and Environment Court Rules 2007;
Orange Local Environmental Plan 2011; Uniform Civil Procedure Rules
2005.
Ausbao (286 Sussex Street) Pty Ltd
v The Registrar General of New South Wales [2023] NSWCA
18
LAND LAW – Torrens title – compensation for
loss of interest in land – Torrens assurance fund –
circumstances in which compensation is not payable – where
the loss or damage arises because of an error or miscalculation in
the measurement of land – Real Property Act 1900 (NSW), s
129(2)(e) – where developer purchased land in the Sydney CBD
for $55 million – where Deposited Plan referred to in the
folios for four titles recorded total site area of the land as
1337.4m2 – where developer attributed considerable
significance to the total site area in formulating the purchase
price – developer subsequently discovered that true total
site area of the land was 1255.9m2 – inaccurate statement of
area in plan referred to in one of the folios caused by
transposition errors by officers of the Registrar General in 1978
and 1995 – developer brought claim for compensation from the
Torrens assurance fund – whether developer's loss arose
because of an error or miscalculation in the measurement of land
– whether "measurement" refers to the fact of an
erroneous statement of the dimensions and area of land or merely an
error in the process of determining the dimensions or area –
where s 129(2)(e) was introduced for a remedial purpose –
where Torrens register disclaims accuracy in respect of dimensions
and areas of land – extent to which the loss or damage is a
consequence of any act or omission by the claimant – Real
Property Act 1900 (NSW), s 129(2)(a) – whether the
Appellant's loss or damage was a consequence of its own act or
omission – where the risk of an erroneous statement of area
on Deposited Plan was real albeit rare – where potential
adverse consequences of materialisation of that risk were severe
for developer – whether s 129(2)(a) of the Real Property Act
1900 (NSW) establishes a regime for the apportionment of liability
between claimant and Registrar General – s 129(2)(a) lacks
reference to any process by which a court would undertake
apportionment exercise – whether registration of Deposited
Plan occurs in the execution or performance of Registrar
General's functions or duties under the Real Property Act 1900
(NSW) – whether registration of Deposited Plan occurs in the
operation of the Real Property Act 1900 (NSW) – where
Registrar General is required to make a record of a description of
land in a folio of the Register – Real Property Act 1900
(NSW), s 32(1)(a).
WORDS AND PHRASES – "measurement" – Real
Property Act 1900 (NSW), s 129(2)(e).
Conveyancing (General) Regulation 2018 (NSW); Conveyancing Act 1919
(NSW); Interpretation Act 1987 (NSW); Law Reform (Miscellaneous
Provisions) Act 1946 (NSW); Main Roads Act 1924 (NSW); Real
Property Act 1900 (NSW); Real Property (Computer Register)
Amendment Act 1979 (NSW); Real Property Amendment (Certificates of
Title) Act 2021 (NSW); Real Property Amendment (Compensation) Act
2000 (NSW); Real Property and Conveyancing Legislation Amendment
Act 2009 (NSW); Real Property Regulation 2019 (NSW); Real Property
Act Regulation 1970 (NSW); Surveying and Spatial Information Act
2002 (NSW).
McDonald's Australia Limited v Coffs Harbour City
Council [2023] NSWLEC
1067
DEVELOPMENT APPLICATION – food and drinks premises
(McDonald's) – site suitability – amenity impacts
upon the neighbourhood – traffic and pedestrian safety.
Coffs Harbour Local Environmental Plan 2013; Environmental Planning
and Assessment Act 1979; Environmental Planning and Assessment
Regulation 2000; State Environmental Planning Policy (Coastal
Management) 2018 (repealed); State Environmental Planning Policy
(Industry and Employment) 2021; State Environmental Planning Policy
(Koala Habitat Protection) 2019; State Environmental Planning
Policy (Resilience and Hazards) 2021; State Environmental Planning
Policy No 55 – Remediation of Land (repealed); State
Environmental Planning Policy No 64 – Advertising Signage
(repealed); Water Management Act 2000.
WZSydney Pty Ltd v Ku-ring-gai Municipal
Council [2023] NSWLEC
1065
DEVELOPMENT APPLICATION: proposed residential flat
development – interpretation of 'site area' for the
purpose of determining applicable development standards –
whether the proposed variation to the height and floor space
development standard should be granted – appeal
dismissed.
Environmental Planning and Assessment Act 1979; Ku-ring-gai Local
Environmental Plan 2015.
Vok v NSW Land and Housing Corporation
[2023] NSWCATCD 5
LEASES AND TENANCIES – Residential Tenancies Act
2010 (NSW) – quiet enjoyment.
LEASES AND TENANCIES – NSW Civil and Administrative Tribunal
– Jurisdiction and power.
Civil and Administrative Tribunal Act 2013; Residential Tenancies
Act 2010.
Fuller Street Pty Ltd v Blacktown City
Council [2023] NSWLEC
1023
DEVELOPMENT APPLICATIONS – two adjoining sites
– a proposed boarding house on each site – do the
proposed development exhibit design excellence – are the
proposed developments compatible with the character of the locality
– are the likely impacts of the proposed development on
adjoining properties acceptable – is the amenity of the
proposed boarding houses acceptable – appeals upheld.
Blacktown Local Environmental Plan 2015; Environmental Planning and
Assessment Act 1979; Environmental Planning and Assessment
Regulation 2000; Land and Environment Court Act 1979; State
Environmental Planning Policy (Affordable Rental Housing) 2009;
State Environmental Planning Policy (Building Sustainability Index:
BASIX) 2004; State Environmental Planning Policy (Housing) 2021;
State Environmental Planning Policy No 55 – Remediation of
Land; State Environmental Planning Policy Resilience and Hazards
2021.
Legislation
Proclamations commencing Acts
Government
Sector Finance Act 2018 No 55 – published LW 02
March 2023
Government
Sector Finance Legislation (Repeal and Amendment) Act 2018 No
70 – published LW 02 March 2023
Medicines,
Poisons and Therapeutic Goods Act 2022 No 73 – published
LW 17 February 2023
Fisheries
Management Amendment Act 2015 No 59 – published LW
20 January 2023
Public
Interest Disclosures Act 2022 No 14 – published LW
20 January 2023
Regulations and other miscellaneous instruments
Access
Licence Dealing Principles (Special Areas) Amendment Order 2023
– published LW 2 March 2023
Electricity
Supply (General) Amendment (Green Hydrogen Limitation) Regulation
2023 – published LW 2 March 2023
Environmental
Planning and Assessment Amendment (Activation Precincts) Regulation
2023 – published LW 2 March 2023
Environmental
Planning and Assessment Amendment (Conflict of Interest) Regulation
2023 – published LW 2 March 2023
Environmental
Planning and Assessment Amendment (Great Western Highway Upgrade
– Blackheath to Little Hartley Project) Order
2023 – published LW 2 March 2023
Environmental
Planning and Assessment Amendment (State Significant
Infrastructure) Order 2023 – published LW 2 March
2023
Government
Sector Finance Amendment (Annual Reporting Requirements) Regulation
2023 – published LW 2 March 2023
Greyhound
Racing Amendment (Sample Collection Officers) Regulation 2023
– published LW 2 March 2023
Home
Building Amendment (Insurance Cover) Regulation
2023 – published LW 2 March 2023
Local
Government (General) Amendment (Tendering) Regulation
2023 – published LW 2 March 2023
Local
Government (Regional Joint Organisations) Amendment Proclamation
2023 – published LW 2 March 2023
Motor
Accident Guidelines Version 9.1 – published LW 2 March
2023
Motor
Accident Injuries (Indexation) Order 2023 –
published LW 2 March 2023
Motor
Accident Injuries Amendment (Claim for Statutory Benefits)
Regulation 2023 – published LW 2 March 2023
Port
of Newcastle (Extinguishment of Liability) Regulation
2023 – published LW 2 March 2023
Protection
of the Environment Operations (Waste) Amendment (Waste
Contributions) Regulation 2023 – published LW 2
March 2023
Referable
Debt Order – published LW 2 March 2023
Water
Management (General) Amendment (Specific Purpose Access Licences)
Regulation 2023 – published LW 2 March 2023
Water
Management (General) Amendment (Temporary Offence Exemptions)
Regulation 2023 – published LW 2 March 2023
Water
Sharing Plan for the Towamba River Unregulated and Alluvial Water
Sources 2023 – published LW 2 March 2023
Workers
Compensation (Indexation) Order 2023 – published LW
1 March 2023
Workers
Compensation Amendment (Penalty Notice Offences) Regulation
2023 – published LW 2 March 2023
Administrative
Arrangements (Administrative Changes – Minister for Finance)
Order 2023 – published LW 23 February 2023
Administrative
Arrangements (Administrative Changes – Miscellaneous) Order
2023 – published LW 23 February 2023
Administrative
Arrangements (Second Perrottet Ministry – Allocation of Acts
and Agencies) Amendment Order 2023 – published LW 23
February 2023
Building
Legislation Amendment (Building Classes) Regulation
2023 – published LW 24 February 2023
Electoral
Amendment (Electoral Material and Election Officials) Regulation
2023 – published LW 22 February 2023
Environmental
Planning and Assessment Amendment (Central-West Orana Renewable
Energy Zone Transmission) Order 2023 – published LW
24 February 2023
Environmental
Planning and Assessment Amendment (Dubbo) Regulation
2023 – published LW 24 February 2023
Environmental
Planning and Assessment Amendment (Sydney Terminal Building
(Central Station) Revitalisation Project) Order
2023 – published LW 24 February 2023
Fisheries
Management Legislation Amendment Regulation (No 2)
2023 – published LW 24 February 2023
Health
Services Amendment (The Agency for Clinical Innovation) Order
2023 – published LW 24 February 2023
Planning
Legislation Amendment (National Construction Code) Regulation
2023 – published LW 24 February 2023
Protection
of the Environment Operations Amendment (Waste Storage) Regulation
2023 – published LW 24 February 2023
Road
Transport (Driver Licensing) Amendment (Points Disclosure
Agreement) Regulation 2023 – published LW 24
February 2023
Road
Transport Legislation Amendment (Electric Skateboards and Bicycles)
Regulation 2023 – published LW 24 February
2023
Water
NSW Amendment (Wingecarribee Special Area-Part) Regulation
2023 – published LW 24 February 2023
Biosecurity
Amendment (Miscellaneous) Regulation 2023 –
published LW 17 February 2023
Biosecurity
Order (Permitted Activities) 2019 Amendment Order
2023 – published Gazette No 76 of 17 February
2023
Health
Practitioner Regulation (Adoption of National Law) Amendment
Regulation 2023 – published LW 17 February 2023
Liquor
Amendment (Special Events Extended Trading) Regulation
2023 – published LW 15 February 2023
Local
Government (General) Amendment (Minimum Amounts of Rate) Regulation
2023 – published LW 17 February 2023
Private
Health Facilities Amendment (Birthing on Country Demonstration
Facilities) Regulation 2023 – published LW 17
February 2023
Protection
of the Environment Operations Legislation Amendment (Miscellaneous)
Regulation 2023 – published LW 17 February
2023
Treasurer's
Direction TD 23-01 - Exemption from paying certain unclaimed money
into the Consolidated Fund – published LW 17 February
2023
Waste
Avoidance and Resource Recovery (Container Deposit Scheme)
Amendment (Miscellaneous) Regulation 2023 – published LW
17 February 2023
Water
Sharing Plan for the Barwon-Darling Unregulated River Water Source
Amendment Order 2023 – published LW 17 February
2023
Health
Practitioner Regulation National Law Amendment (Paramedicine
Qualification) Regulation 2022 – published by the
Victorian Government Printer on 30 January 2023
Health
Practitioner Regulation National Law Amendment Regulation
2022 – published by the Victorian Government Printer
on 30 January 2023
Personal
Injury Commission (Amendment No 2) Rule 2023 –
published LW 10 February 2023
Water
Management (General) Amendment Regulation 2023 –
published LW 10 February 2023
Work
Health and Safety Amendment (Demolition Licensing) Regulation
2023 – published LW 10 February 2023
Environmental
Planning and Assessment (Development Certification and Fire Safety)
Amendment (Construction Certificates) Regulation 2023 –
published LW 3 February 2023
Environmental
Planning and Assessment Amendment (Water Supply Systems) Regulation
2023 – published LW 3 February 2023
Law
Enforcement (Powers and Responsibilities) Amendment (Organised
Crime) Regulation 2023 – published LW 1 February
2023
NSW
Reconstruction Authority Regulation 2023 – published
LW 3 February 2023
Referable
Debt Order – published LW 3 February 2023
Water
Management (General) Amendment (Floodplain Harvesting Access
Licences) Regulation 2023 – published LW 3 February
2023
Energy
and Utilities Administration Amendment (Net Zero Emissions Board)
Regulation 2023 – published LW 27 January 2023
Final
Determination [Biodiversity Conservation Act 2016] –
published LW 27 January 2023
Floodplain
Management Plan for the Gwydir Valley Floodplain 2016 Amendment
Order 2023 – published LW 27 January 2023
Motor
Sports Events Amendment Regulation 2023 – published
LW 27 January 2023
State
Authorities Non-contributory Superannuation Amendment (Life Without
Barriers) Order 2023 – published LW 27 January
2023
State
Authorities Superannuation Amendment (Life Without Barriers) Order
2023 – published LW 27 January 2023
Superannuation
Amendment (Life Without Barriers) Order 2023 –
published LW 27 January 2023
Conveyancing
(General) Amendment (Amplitel Pty Ltd) Regulation
2023 – published LW 20 January 2023
Fisheries
Management Legislation Amendment Regulation 2023 –
published LW 20 January 2023
Education
and Care Services National Amendment Regulations 2022 –
published LW 13 January 2023
Environmental
Planning and Assessment Amendment (Dendrobium Mine Extension
Project) Order 2022 – published LW 13 January
2023
Environmental
Planning and Assessment Amendment (Sydney Metro West Project) Order
2022 – published LW 10 January 2023
Order
regarding volunteers taking part in emergency
operations – published LW 13 January 2023
Access
Licence Dealing Principles (Interstate Assignments Extension) Order
2022 – published LW 23 December 2022
Environmental
Planning and Assessment Amendment (Parramatta Light Rail Stage 2
Project) Order 2022 – published LW 23 December
2022
Floodplain
Management Plan for the Border Rivers Valley Floodplain Amendment
Order 2022 – published LW 23 December 2022
Floodplain
Management Plan for the Lower Namoi Valley Floodplain Amendment
Order 2022 – published LW 23 December 2022
Liquor
Amendment (Miscellaneous) Regulation 2022 –
published LW 20 December 2022
Passenger
Transport (Opal and Other Fares) Amendment Order (No 3)
2022 – published LW 23 December 2022
Treasurer's
Direction TD22-30 - Management of Cash, Banking and
Payments – published LW 23 December 2022
Water
Sharing Plan for the Belubula Regulated River Water Source
Amendment Order 2022 – published LW 23 December
2022
Water
Sharing Plan for the Lachlan Regulated River Water Source Amendment
Order 2022 – published LW 23 December 2022
Water
Sharing Plan for the Lachlan Unregulated River Water Sources
Amendment Order 2022 – published LW 23 December
2022
Water
Sharing Plan for the Murrumbidgee Regulated River Water Source
Amendment Order 2022 – published LW 23 December
2022
Water
Sharing Plan for the New South Wales Murray and Lower Darling
Regulated Rivers Water Sources Amendment Order
2022 – published LW 23 December 2022
Environmental planning instruments
Camden
Local Environmental Plan Amendment (Precincts – Western
Parkland City) 2023 – published LW 2 March
2023
Central
Coast Local Environmental Plan 2022 (Map Amendment No
6) – published LW 2 March 2023
Great
Lakes Local Environmental Plan 2014 (Map Amendment No
5) – published LW 2 March 2023
Ku-ring-gai
Local Environmental Plan 2015 (Amendment No 30) –
published LW 2 March 2023
Liverpool
Local Environmental Plan 2008 (Amendment No 96) –
published LW 2 March 2023
Parramatta
Local Environmental Plan 2023 – published LW 2 March
2023
Snowy
River Local Environmental Plan 2013 (Amendment No
5) – published LW 2 March 2023
State
Environmental Planning Policy (Precincts – Regional)
Amendment (Activation Precincts) 2023 – published LW
2 March 2023
State
Environmental Planning Policy Amendment (Miscellaneous)
2023 – published LW 2 March 2023
Yass
Valley Local Environmental Plan 2013 (Amendment No
17) – published LW 2 March 2023
Fairfield
Local Environmental Plan 2013 (Map Amendment No 4) –
published LW 24 February 2023
Narromine
Local Environmental Plan 2011 (Amendment No 10) –
published LW 24 February 2023
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Election Signs) 2023 – published
LW 24 February 2023
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Miscellaneous) 2023 – published LW
24 February 2023
State
Environmental Planning Policy (Transport and Infrastructure)
Amendment (Electric Vehicles) 2023 – published LW 24
February 2023
State
Environmental Planning Policy Amendment (Great Lakes)
2023 – published LW 24 February 2023
State
Environmental Planning Policy Amendment (Land Use Zones)
2023 – published LW 24 February 2023
State
Environmental Planning Policy Amendment (National Construction
Code) 2023 – published LW 24 February 2023
State
Environmental Planning Policy Amendment (Redfern–North
Eveleigh Paint Shop Sub-precinct) 2023 – published
LW 24 February 2023
Sydney
Local Environmental Plan 2012 (Map Amendment No 3) –
published LW 24 February 2023
Upper
Lachlan Local Environmental Plan 2010 (Amendment No
7) – published LW 24 February 2023
Wentworth
Local Environmental Plan 2011 (Map Amendment No 3) –
published LW 24 February 2023
Willoughby
Local Environmental Plan 2012 (Map Amendment No 2) –
published LW 24 February 2023
Cessnock
Local Environmental Plan 2011 (Amendment No 37) –
published LW 17 February 2023
Lane
Cove Local Environmental Plan 2009 (Amendment No
40) – published LW 17 February 2023
Lismore
Local Environmental Plan 2012 (Map Amendment No 4) –
published LW 17 February 2023
Ryde
Local Environmental Plan 2014 (Map Amendment No 1) –
published LW 17 February 2023
Sydney
Local Environmental Plan 2012 (Map Amendment No 2) –
published LW 17 February 2023
Bathurst
Regional Local Environmental Plan 2014 (Amendment No 19)
– published LW 10 February 2023
Shoalhaven
Local Environmental Plan 2014 (Map Amendment No 7) –
published LW 10 February 2023
Bega
Valley Local Environmental Plan 2013 (Amendment No
42) – published LW 3 February 2023
State
Environmental Planning Policy (Transport and Infrastructure)
Amendment (Water Supply Systems) 2023 – published LW
3 February 2023
The
Hills Local Environmental Plan 2019 (Amendment No
29) – published LW 3 February 2023
Armidale
Regional Local Environmental Plan 2012 (Amendment No
17) – published LW 27 January 2023
Byron
Local Environmental Plan 2014 (Amendment No 36) –
published LW 20 January 2023
Fairfield
Local Environmental Plan 2013 (Map Amendment No 3) –
published LW 20 January 2023
Ku-ring-gai
Local Environmental Plan 2015 (Amendment No 31) –
published LW 20 January 2023
Liverpool
Local Environmental Plan 2008 (Amendment No 95) –
published LW 20 January 2023
Penrith
Local Environmental Plan 2010 (Map Amendment No 1) –
published LW 20 January 2023
Shoalhaven
Local Environmental Plan 2014 (Amendment No 48) –
published LW 20 January 2023
Wentworth
Local Environmental Plan 2011 (Amendment No 20) –
published LW 20 January 2023
Byron
Local Environmental Plan 2014 (Amendment No 35) –
published LW 13 January 2023
Camden
Local Environmental Plan Amendment (Precincts – Western
Parkland City) (Map Amendment No 2) – published LW 13
January 2023
Campbelltown
Local Environmental Plan 2015 (Map Amendment No 9) –
published LW 13 January 2023
Inner
West Local Environmental Plan 2022 (Amendment No 1) –
published LW 13 January 2023
Parramatta
Local Environmental Plan 2011 (Amendment No 66) –
published LW 13 January 2023
Blacktown
Local Environmental Plan 2015 (Amendment No 33) –
published LW 23 December 2022
Hilltops
Local Environmental Plan 2022 – published LW 23
December 2022
Sydney
Local Environmental Plan 2012 (Amendment No 87) –
published LW 23 December 2022
Commonwealth legislation
Telecommunications
Act 1997 7/03/2023 – Act No. 47 of 1997 as amended
Corporations
Act 2001 7/03/2023 – Act No. 50 of 2001 as amended
Aboriginal
and Torres Strait Islander Land and Sea Future Fund Act 2018
07/03/2023 - Act No. 145 of 2018 as amended
Future
Fund Act 2006 03/03/2023 – Act No. 12 of 2006 as
amended
Competition
and Consumer Act 2010 02/03/2023 – Act No. 51 of 1974 as
amended
Higher
Education Support Act 2003 02/03/2023 – Act No. 149 of
2003 as amended
Telecommunications
(Consumer Protection and Service Standards) Act 1999 01/03/2023
- Act No. 50 of 1999 as amended
Migration
Act 1958 17/02/2023 – Act No. 62 of 1958 as amended
Federal
Safety Commissioner Act 2022 06/02/2023 – Act No. 87 of
2016 as amended
Jurisdiction
of Courts (Cross-vesting) Act 1987 06/02/2023 – Act No.
24 of 1987 as amended
Fair
Work (Registered Organisations) Act 2009 06/02/2023 – Act
No. 86 of 1988 as amended
Fair
Work Act 2009 03/02/2023 – Act No. 28 of 2009 as
amended
Taxation
Administration Act 1953 27/01/2023 – Act No. 1 of 1953 as
amended
Evidence
Act 1905 25/01/2023 – Act No. 4 of 1905 as
amended
A New
Tax System (Family Assistance) (Administration) Act 1999
24/01/2023 – Act No. 81 of 1999 as amended
Income
Tax Assessment Act 1997 18/01/2023 – Act No. 38 of 1997
as amended
Commonwealth
Electoral Act 1918 17/01/2023 – Act No. 27 of 1918 as
amended
Social
Security Act 1991 16/01/2023 – Act No. 46 of 1991 as
amended
Fringe
Benefits Tax Assessment Act 1986 14/01/2023 – Act No. 39
of 1986 as amended
Defence
Home Ownership Assistance Scheme Act 2008 14/01/2023 –
Act No. 27 of 2008 as amended
International
Tax Agreements Act 1953 14/01/2023 – Act No. 82 of 1953
as amended
Income
Tax Assessment Act 1936 14/01/2023 – Act No. 27 of 1936
as amended
Crimes
Act 1914 13/01/2023 – Act No. 12 of 1914 as amended
Veterans'
Entitlements Act 1986 12/01/2023 – Act No. 27 of 1986 as
amended
Customs
Tariff Act 1995 10/01/2023 – Act No. 147 of 1995 as
amended
National
Consumer Credit Protection Act 2009 10/01/2023 – Act No.
134 of 2009 as amended
Protection
of the Sea (Harmful Anti-fouling Systems) Act 2006 10/01/2023
– Act No. 107 of 2006 as amended
A New
Tax System (Family Assistance) Act 1999 10/01/2023 – Act
No. 80 of 1999 as amended
Social
Security (Administration) Act 1999 09/01/2023 – Act No.
191 of 1999 as amended
Australian
Animal Health Council (Live-stock Industries) Funding Act 1996
09/01/2023 – Act No. 45 of 1996 as amended
Customs
Act 1901 09/01/2023 – Act No. 6 of 1901 as amended
Aged
Care Act 1997 09/01/2023 – Act No. 112 of 1997 as
amended
Foreign
Acquisitions and Takeovers Act 1975 09/01/2023 – Act No.
92 of 1995 as amended
National
Health Act 1953 07/01/2023 – Act No. 95 of 1953 as
amended
Primary
Industries Research and Development Act 1989 07/01/2023 –
Act No. 17 of 1990 as amended
Horticulture
Marketing and Research and Development Services Act 2000
07/01/2023 – Act No. 162 of 2000 as amended
Workplace
Gender Equality Act 2012 07/01/2023 – Act No. 91 of 1986
as amended
Australian
Capital Territory (Self-Government) Act 1988 07/01/2023 –
Act No. 106 of 1988 as amended
Australian
Information Commissioner Act 2010 06/01/2023 – Act No. 52
of 2010 as amended
Telecommunications
(Interception and Access) Act 1979 06/01/2023 – Act No.
114 of 1979 as amended
Plant
Health Australia (Plant Industries) Funding Act 2002 04/01/2023
– Act No. 80 of 2002 as amended
Sex
Discrimination Act 1984 04/01/2023 – Act No. 4 of 1984 as
amended
Northern
territory (Self-Government) Act 1978 03/01/2023 – Act No.
58 of 1978 as amended
Broadcasting
Services Act 1992 03/01/2023 – Act No. 110 of 1992 as
amended
Biosecurity
Act 2015 23/12/2022 – Act No. 61 of 2015 as amended
Australian
Human Rights Commission Act 1986 21/12/2022 – Act No. 125
of 1986 as amended
Bills Introduced
Financial
Accountability Regime Bill 2023 08 March 2023
Financial
Accountability Regime (Consequential Amendments) Bill 2023 08
March 2023
Governor-General
Amendment (Cessation of Allowances in the Public Interest) Bill
2023 06 March 2023
Transparent
and Quality Public Appointments Bill 2023 06 March 2023
Migration
Amendment (Australia's Engagement in the Pacific and Other
Measures) Bill 2023 16 February 2023
Migration
(Visa Pre-application Process) Charge Bill 2023 16 February
2023
Treasury
Laws Amendment (2023 Measures No. 1) Bill 2023 16 February
2023
Australia
Council Amendment (Creative Australia) Bill 2023 15 February
2023
Royal
Commissions Amendment (Enhancing Engagement) Bill 2023 15
February 2023
Offshore
Petroleum and Greenhouse Gas Storage Amendment (Stop PEP11 and
Protect Our Coast) Bill 2023 13 February 2023
Migration
Amendment (Strengthening the Character Test) Bill 2023 13
February 2023
Commonwealth
Electoral Amendment (Cleaning up Political Donations) Bill 2023
13 February 2023
Housing
Australia Future Fund Bill 2023 09 February 2023
National
Housing Supply and Affordability Council Bill 2023 09 February
2023
Treasury
Laws Amendment (Housing Measures No. 1) Bill 2023 09 February
2023
Workplace
Gender Equality Amendment (Closing the Gender Pay Gap) Bill
2023 08 February 2023
Fair
Work Amendment (Prohibiting COVID-19 Vaccine Discrimination) Bill
2023 08 February 2023
Criminal
Code Amendment (Inciting Illegal Disruptive Activities) Bill
2023 08 February 2023
Migration
Amendment (Aggregate Sentences) Bill 2023 08 February
2023
Electoral
Legislation Amendment (Lowering the Voting Age) Bill 2023 [No.
2] 08 February 2023
Migration
Amendment (Evacuate to Safety) Bill 2023 07 February 2023
Northern
Territory Safe Measures Bill 2023 07 February 2023
Electoral
Legislation Amendment (Lowering the Voting Age) Bill 2023 06
February 2023
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.