Offshore wind on Australia’s horizon
The realisation of offshore wind projects in Australia is shifting closer, thanks to a more renewables-focused Commonwealth Government, increased cost competitiveness of renewable projects, and fluctuations in the fossil fuel markets. Australia moves to declare its first offshore renewable energy zone Most recently, the Minister for Climate Change and Energy, Chris Bowen MP, announced his […]
Are you sufficiently interested?
In NSW, to be eligible for compensation for a compulsory acquisition, you must be able to point to an interest in the acquired land which is divested, extinguished, or diminished. But what qualifies as an interest? In a recent judgment, the NSW Court of Appeal held that a bare licence, especially one which is undocumented, […]
When Councillors or Council staff are out of line: New model policies for local councillors and staff
Local councils are an important part of our system of representative government. As with other representatives, it is reasonable to expect that our local councillors will be held to a high standard of accountability. Unfortunately, sometimes councillors can fall short of the community’s expectations as the transition to online and remote meeting platforms has exposed. The increase […]
Timely reminder – Principles applicable to public interest determination under the GIPA Act
Staff members of the NSW Department of Planning and Environment (Department) have recently been found to have been giving advice to mining company, South32, in relation to its application for a coal mining extension. The emails containing the so called ‘advice’ were produced under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). The […]
Local councils are not immune from regulatory attention, and should maintain robust safety management systems to manage the work of third party contractors
Background Wingecarribee Shire Council (Council) has recently entered into an enforceable undertaking with SafeWork NSW following alleged breaches of health and safety duties, which left two workers injured. In 2018, Council engaged a contractor to drain vessels at a sewerage treatment plant. In October 2018, during the course of that work, a 15 tonne crane […]
New employment zones set to commence in December 2022
The NSW Government has commenced implementing the Employment Zone Framework following the range of reforms introduced in December 2021. These changes will replace existing industrial and business zones to bring new ‘employment zones’ and ‘supporting zones’ aiming to benefit businesses and productivity while minimising land-use conflict. The reform In December 2021, the five new employment […]
Health Privacy Principles: What is “health information”?
A recent decision of the NSW Civil and Administrative Tribunal (Tribunal) has provided further clarification on when ‘information’ is ‘health information’, rather than ‘personal information’, for the purpose of NSW privacy law. In EIG v North Sydney Council [2022] NSWCATAD 127, the Tribunal found that North Sydney Council had contravened two Health Privacy Principles (HPPs) […]