In the Media

NSW Government invests $21 million in the future for Clarence prawn fishers and farmers
The NSW Government has further bolstered its commitment to biosecurity with the announcement of a $21.4 million plan for the response to and recovery from White Spot which has devastated prawn fishing and farming along the Clarence River on the North Coast (14 June 2023). More.

NSW government faces calls to abandon 'secret' rezoning pathway for housing developments
Councils across New South Wales are calling on the Labor government to abandon a "secret" planning process that allows developers to propose major housing projects. In December the state government opened a pilot "state-assessed planning proposal pathway" that encouraged developers to apply directly to the Department of Planning and Environment to rezone parcels of land (13 June 2023). More.

Publications

Audit Office of New South Wales: Local Government 2022
The Audit Office has assessed and released its findings and recommendations for the local government sector financial statement audit for the year ended 30 June 2022 (13 June 2023). Read more here.

Interim report of the SafeWork NSW Independent Review released
An interim report on SafeWork NSW has been released. The Review headed by Retired Supreme Court Judge Hon. Robert McDougall KC, investigates the effectiveness of the state's work health and safety body, SafeWork NSW(8 June 2023). Read more here.

Local Government NSW: Parliamentary inquiry into the Housing and Productivity Contributions Bill 2023 submission
The Local Government NSW provided a submission to the Portfolio committee No. 7 - Planning and Environment in response to the Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 (7 June 2023). Read more here.

Practice and Courts

AAT Bulletin Issue No.11/2023
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 Cases (5 June 2023). Read more here.

Reissued Practice Note SC CL 02 - Criminal Proceedings
On 2 June 2023, the Chief Justice reissued Practice Note SC CL 2 - Criminal Proceedings, with a commencement date of 12 June 2023. Read more here.

Cases

DN v Secretary, Department of Communities and Justice [2023] NSWSC 595
CHILD WELFARE - Jurisdiction - Children's Court of New South Wales - Care order - variation - where children outside of New South Wales.
Children and Young Persons (Care and Protection) Act 1998 (NSW) and Interpretation Act 1987 (NSW).

Belle Living Pty Ltd v Randwick City Council [2023] NSWLEC 1282
INTERIM HERITAGE ORDER - appeal against an interim heritage order - interim heritage order made by the Council - the conditions of the Ministerial order authorising the Council to make interim heritage orders are met - appeal upheld.
Environmental Planning and Assessment Act 1979; Heritage Act 1977; Land and Environment Court Act 1979; New South Wales Government Gazette No 484 (Local Government); New South Wales Government Gazette, No 90 and Randwick Local Environmental Plan 2012.

Quarry Street Pty Ltd v Minister Administering the Crown Land Management Act 2016 [2023] NSWLEC 62
Judicial review - Aboriginal land claim - Minister's decision to grant claim - claimable Crown lands - whether land claimed was lawfully used or occupied - land leased and subleased - whether sublessee's use of land lawful - whether Minister misconstrued statutory provision or lease in deciding use not lawful - lessee's submissions objecting to land claim - whether Minister owed lessee procedural fairness to consider submissions - whether Minister shown to have failed to do so.
Aboriginal Land Rights Act 1983 (NSW).

Skyton Holdings No 5 Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 61
QUESTION OF LAW - chair of local planning panel not appointed by Minister administering Environmental Planning and Assessment Act 1979 (NSW) as approved independent person - validity of decision of planning panel to refuse development consent upheld in light of s 52(1) of Interpretation Act 1987 (NSW) - no contrary intention in Environmental Planning and Assessment Act 1979 (NSW) to exclude application of s 52(1) of Interpretation Act 1987 (NSW) in circumstances of case.
Administrative Decisions Tribunal Act 1997 (NSW); Education Act 1902 (UK); Environmental Planning and Assessment Act 1979 (NSW); Interpretation Act 1987 (NSW); Land and Environment Court Act 1979; Legislation Act 2001 (ACT); Local Government Act 1993 (NSW); Medical practitioners Act 1939 (NSW); Medical Practitioners (Amendment) Act 1987 (NSW) and Uniform Civil Procedures Rules 2005 (NSW).

Legislation

NSW Legislation

Regulations and other miscellaneous instruments
Electoral Funding (Adjustable Amounts) (Political Donation Caps) Notice 2023 - published LW 9 June 2023.
Environmental Planning and Assessment Amendment (Fees) Regulation 2023 - published LW 9 June 2023.
Environmental Planning and Assessment Amendment (Sydney Terminal Building (Central Station) Revitalisation Project) Order (No 2) - published LW 9 June 2023.
Point to Point Transport (Taxis and Hire Vehicles) Amendment Regulation 2023 - published LW 9 June 2023

Environmental planning instruments

Bayside Local Environmental Plan 2021 (Map Amendment No 2) - published LW 9 June 2023.
Cessnock Local Environmental Plan 2011 (Map Amendment No 8) - published LW 9 June 2023.
Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 7) - published LW 9 June 2023.
Gloucester Local Environmental Plan 2010 (Map Amendment No 3) - published LW 9 June 2023.
Great Lakes Local Environmental Plan 2014 (Map Amendment No 8) - published LW 9 June 2023.
Greater Taree Local Environmental Plan 2010 (Map Amendment No 3) - published LW 9 June 2023.
Lake Macquarie Local Environmental Plan 2014 (Amendment No 47) - published LW 9 June 2023.
Murray Local Environmental Plan 2011 (Amendment No 15) - published LW 9 June 2023.
Muswellbrook Local Environmental Plan 2009 (Map Amendment No 4) - published LW 9 June 2023.
North Sydney Local Environmental Plan 2013 (Amendment No 34) - published LW 9 June 2023.
Penrith Local Environmental Plan 2010 (Amendment No 41) - published LW 9 June 2023.
State Environmental Planning Policy (Precincts-Eastern Harbour City) Amendment (Larger Erecting Shop-South Eveleigh) 2023 - published LW 9 June 2023.
Willoughby Local Environmental Plan 2012 (Amendment No 33) - published LW 9 June 2023.
Sydney Local Environmental Plan Amendment (Precincts) 2023 - published LW 8 June 2023.
Bathurst Regional Local Environmental Plan 2014 (Amendment No 21) - published LW 2 June 2023.
Cabonne Local Environmental Plan 2012 (Map Amendment No 3) - published LW 2 June 2023.
Camden Local Environmental Plan 2010 (Map Amendment No 3) - published LW 2 June 2023.
Central Coast Local Environmental Plan 2022 (Map Amendment No 7) - published LW 2 June 2023.
Cessnock Local Environmental Plan 2011 (Amendment No 36) - published LW 2 June 2023.
Dubbo Regional Local Environmental Plan 2022 (Map Amendment No 4) - published LW 2 June 2023.
Nambucca Local Environmental Plan 2010 (Amendment No 32) - published LW 2 June 2023.
Narromine Local Environmental Plan 2011 (Amendment No 11) - published LW 2 June 2023.
Tamworth Regional Local Environmental Plan 2010 (Amendment No 26) - published LW 2 June 2023.

Bills assented to
Electoral Funding Amendment (Registered Clubs) Act 2023 No 3 - assented to 8 June 2023.
First Home Buyer Legislation Amendment Act 2023 No 4 - assented to 8 June 2023.

Commonwealth

Act compilation
Biosecurity Act 2015 08/06/2023 - Act No. 61 of 2015 as amended.
Fair Work Act 2009 06/06/2023 - Act No. 28 of 2009 as amended.
Customs Tariff Act 1995 02/06/2023 - Act No. 147 of 1995 as amended.

Bill
Statute Law Amendment (Prescribed Forms and Other Updates) Bill 2023 1 June 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.