22 February 2023
25 min read
#Property, Planning & Development, #Construction, Infrastructure & Projects
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In mid-2022, the NSW Supreme Court held that the duty of care under section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBPA) was not limited to construction work on class 2 (multi-unit residential) buildings. In dismissing an appeal from this decision, the NSW Court of Appeal has, in Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5, confirmed that the duty applies to all buildings as defined in the Environmental Planning and Assessment Act 1979 (NSW) (EPAA).
Section 4(1) of the DBPA defines building work to be work involved in, or involved in co-ordination or supervising work involved in, the construction, alteration, repair, renovation or protective treatment of a building of a class or type specified by the Regulations. Clause 12 of the Regulation prescribes class 2 or class 2 containing buildings for the purpose of this definition.
Under Part 4 of the DBPA (within which the duty of care in section 37 sits) anyone carrying out construction work has a duty of care to current and future landowners to avoid causing economic loss due to defects in a building for which the work is done, arising from the construction work.
‘Construction work’ is defined by section 36 as “building work”, “the preparation of regulated designs and other designs for building work”, “the manufacture or supply of a building product used for building work”, and “supervising, coordinating, project managing or otherwise having substantive control over the carrying out of” that work.
Importantly, for the purpose of Part 4, section 36 provides that ‘building work’ includes residential building work within the meaning of the Home Building Act 1989 (NSW) (HBA) and ‘building’ has the same meaning as it has in the EPAA.
An owner (Goodwin Street Developments Pty Ltd) contracted with a builder (DSD Builders) to construct three boarding houses on its property in 2017. Following a number of delays and the discovery of significant defects on the site, the owner terminated the contract in March 2018 and commenced proceedings against the builder shortly after. One of the directors of the builder (Daniel Roberts) was later added to the proceedings as a defendant.
The owner made two allegations against the director. First, that he had caused damage to the property and removed certain building materials, fixtures and fittings, previously incorporated into the building. And second, that the director had breached his statutory duty of care under section 37 of the DBPA due to the defects at the property.
In answer to the second issue, the director contended that no duty of care existed as the boarding house under construction was not subject to the statutory duty in section 37 of the DBPA as it was not a class 2 building.
It was held that the director had engaged in project management and supervision of the building work, as defined in section 37, and thus owed (and was in breach of) a duty of care to the owner.
Key to that finding was the Court’s interpretation of the DBPA, that the definition of ‘building work’ in section 4(1) did not apply to the provisions within Part 4.
Rather, the broader definition of ‘building’ under the EPAA (as provided in section 36 of the DBPA) applies to Part 4, meaning the duty of care was owed to anyone undertaking construction work (as defined by section 36) on “any structure or part of a structure” aside from a “manufactured home, moveable dwelling or associated structure within the meaning of the Local Government Act 1993 (NSW)” (although the Court noted how “fiendishly difficult” it was to interpret the intended functions of these provisions).
However, the Court could not resolve the purpose of having both definitions of ‘building’ and ‘building work’ within section 36. It was posited that the inclusion of ‘building work’, via the HBA, crawled back some types of buildings excluded under the definition of ‘building’ within the EPAA. Yet, as this was ancillary to the question at hand, it was unnecessary to determine.
The NSW Court of Appeal approved the Supreme Court’s findings, confirming the broader application of the statutory duty of care under section 37 in NSW. However, the Court of Appeal put forth its own, slightly different reasons for reaching this conclusion.
It found that while the definition of ‘building work’ in section 4(1) actually applies to the definition of ‘building work’ in section 36, the definition should only be utilised to identify the type of work being undertaken. ‘Building’ in section 36 works separately to identify what type of building the work was being done on, and still retains the broad definition designated by the EPAA.
Moreover, the definition of ‘building work’ in section 36 was noted to be specifically non-exclusive in that it was to be taken to include building work within the meaning of the HBA. The Court inferred from this that it was designed to qualify that the definition of ‘building work’ in section 4(1) should also be taken to include the definition of ‘building work’ under the HBA for the purposes of Part 4.
As the type of work the director undertook still fell within the definition of section 4(1), and the boarding houses remained captured by the broad definition of ‘building’ under section 36, the decision of the Supreme Court was upheld and the appeal was dismissed.
Interestingly, the Court of Appeal’s findings also resolved a matter raised in the Supreme Court regarding the purpose of defining ‘building work’ within section 36. The purpose was not to crawl back the exclusions under the EPAA, but rather to expand on the function of section 4(1) of the DBPA.
The Court of Appeal’s decision lends certainty to this space, both for current and prospective plaintiffs and, as broad as it can be, class of builders and industry professionals who may find themselves defendants to claims under this legislation.
If you have any questions about this article, please get in touch with partner Christine Jones.
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Dyjecinska v Step-Up Renovations (NSW) Pty Ltd; Step-Up Renovations (NSW) Pty Ltd v Dyjecinska [2023] NSWCATAP 36
APPEALS – Home Building Act 1989 (NSW) – enforceability of contract – requirement for writing – whether non-compliance with s 7 requirements renders contact unenforceable by contractor – s10 – whether rectification work is a reasonable course to adopt.
Builders Licensing Act 1971; Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Regulation 2013 (NSW); District Court Act 1973 (NSW); Electronic Transactions Act 1999 (Cth); Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW).
The Owners-Strata Plan 86807 v Crown Group Constructions Pty Ltd [2023] NSWSC 44
CIVIL PROCEDURE – originating process – amendment – disallowance of amendment – claim under the Home Building Act 1989 (NSW) s18B.
CIVIL PROCEDURE – originating process – amendment – disallowance of amendment – claim under Design and Building Practitioners Act 2020 (NSW) – opportunity to replead.
Building Code of Australia; Civil Liability Act 2002 (NSW); Civil Procedure Act 2005 (NSW); Design and Building Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW).
Falzon v Lockrey [2023] NSWCATAP 32
APPEALS – from exercise of discretion – regard to irrelevant considerations.
APPEALS – from exercise of discretion – disregard of relevant considerations .
APPEALS – leave to appeal – principles governing – leave to appeal refused.
APPEALS – procedural fairness – failure to give reasons – adequacy of reasons.
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – building dispute – where the builder breached statutory warranties – work order made against the builder.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW); Plumbing and Drainage Act 2011 (NSW).
Marks v Owners SP 30190 [2023] NSWCATAP 21
REAL PROPERTY – STRATA MANAGEMENT – changes to common property – levies – Strata Schemes Management Act 2015 (NSW) ss 24, 106, 108, 232.
COSTS – nature of relief requires special circumstances – no special circumstances – Civil and Administrative Tribunal Act 2013 (NSW) s 60 – Civil and Administrative Tribunal Rules 2014 (NSW) r 38.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Strata Schemes Management Act 2015 (NSW).
Timilty Constructions Pty Ltd v Culina [2023] NSWCATAP 28
APPEAL – NCAT – leave to appeal from decision of Consumer and Commercial Division of NCAT – whether Tribunal failed to consider or give reasons for not accepting evidence – no question of law – alternatively, whether findings against the weight of evidence – new evidence – whether excessive uplift for preliminaries, builder’s margin and contingencies – whether allowance for contingencies was not fair and equitable – Tribunal’s decision varied in part – late application by appellant to vary Tribunal’s money order for a work order.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
M and PG Projects Pty Ltd v Robert Groombridge t/as Northern Beaches Bricklayer [2022] NSWCATAP 392
APPEALS – leave to appeal – principles governing – leave to appeal refused.
COSTS – Party/Party – application by the respondent that the appellant pay the costs of the appeal dismissed.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
McLeod v Commissioner for Fair Trading [2022] NSWCATOD 179
Administrative Decisions Review Act 1997; Home Building Act 1989; Licensing and Registration (Uniform Procedures) Act 2002.
Mehieddine v Commissioner for Fair Trading [2022] NSWCATOD 178
ADMINISTRATIVE LAW – Home Building Act – contractor licences – general building work – relevant experience.
Administrative Decisions Review Act 1997; Home Building Act 1989; Licensing and Regulation (Uniform Procedures) Act 2002.
Tohme v Commissioner for Fair Trading [2022] NSWCATOD 177
ADMINISTRATIVE REVIEW – application for extension of time in which to seek administrative review – factors relevant to the exercise of that discretion – extension of time granted.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
McGufficke v Commissioner for Fair Trading [2022] NSWCATOD 176
ADMINISTRATIVE LAW Owner Building Permit – s32(1A) Home Building Act – special circumstances – dual occupancy.
Administrative Decisions Review Act 1997 (NSW); Home Building Act 1989; Standard Instrument (Local Environmental Plans) Order 2006.
Doyle v Commissioner for Fair Trading [2022] NSWCATOD 175
Administrative Decisions Review Act 1997 (NSW); Home Building Act 1989 (NSW).
James v Jandson Pty Ltd [2022] NSWSC 1686
BUILDING AND CONSTRUCTION – NCAT – appeal of NCAT Appeal Panel decision – application to extend time for this appeal refused – summons dismissed – statutory warranties as to residential building work – breach of statutory warranty – whether new contract entered into or original contract varied – offer and acceptance – consideration – forbearance to sue – completion date of building works – leave to appeal finding of facts – interpretation of s 3B Home Building Act 1989 (NSW).
Civil and Administrative Tribunal Act 2013 (NSW); Environmental Planning and Assessment Act 1979 (NSW; Home Building Act 1989 (NSW); Home Building Amendment Act 2011 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
Lamproglou v CTY Construction Pty Ltd [2022] NSWCATCD 165
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – statutory warranties – due care and skill – materials – limitation period – minor defects – preferred outcome.
Home Building Act 1989 (NSW).
Patel v Southern Cross Joinery Pty Limited [2022] NSWCATCD 162
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – defective work.
Home Building Act 1989 (NSW).
Effective Building & Construction Pty Ltd v Commissioner for Fair Trading [2022] NSWCATOD 180
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – disqualification – fit and proper person.
Administrative Decisions Review Act 1997 (NSW); Home Building Act 1989 (NSW); Work Health and Safety Act 2011 (NSW).
Rocking Horse Constructions Pty Ltd v Equa Building Services Pty Ltd [2022] NSWSC 1751
PROCEDURE – costs – security for costs – application by plaintiff for security for costs of defending cross claim –exercise of discretion.
Competition and Consumer Act 2010 (Cth)’ Civil Procedure Act 2005 (NSW); Corporations Act 2001 (Cth); Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
Green v Brown [2022] NSWCATAP 380
APPEAL – residential tenancy – failure to repair and consequent mould – appeal filed out of time – no legal error – no substantial miscarriage of justice – extension of time refused.
Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Residential Tenancies Act 2010; Residential Tenancies Regulation 2010.
Boutenko v The Owners – Strata Plan No 77480 [2022] NSWCATCD 166
LAND LAW – Strata title – duty of owners corporation to repair common property – breach – damages – limitation period – knowledge of loss – whether applicant within limitation period-s 106 (6) Strata Schemes Management Act 2015 (NSW).
LAND LAW – Strata title – Compulsory appointment of strata manager-s 237 Strata Schemes Management Act 2015 (NSW) – Principles applicable.
LIMITATION OF ACTIONS – strata title – statutory cause of action – Failure to repair common property –Knowledge of loss-s 106 (6) Strata Schemes Management Act 2015 (NSW).
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW); Strata Schemes Management Act 2015 (NSW); Trade Practices Act 1974 (Cth).
Whitehouse v Paradise Pools & Solar Pty Ltd [2022] NSWCATCD 161
COSTS – whether there are special circumstances warranting an award of costs.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
O’Loughlin v Commissioner for Fair Trading [2022] NSWCATOD 168
ADMINISTRATIVE LAW – administrative review – licensing – endorsed contractor licence – restoration of authority – whether failure to renew due to inadvertence – whether just and equitable to allow restoration of authority – whether Applicant meets requirements for issue of licence – application of Instrument – qualifications.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Home Building Act 1989; Interpretation Act 1987; Licensing and Registration (Uniform Procedures) Act 2002; Property and Stock Agents Act 2002.
Harris v White [2022] NSWCATAP 395
APPEAL – procedural fairness – notice of hearing.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014; Home Building Act 1989 (NSW).
Filliston v Quickspec Modular Pty Ltd [2022] NSWCATCD 169
BUILDING AND CONSTRUCTION – whether contract between owner and individual or company – defective work – whether to make work order or money order – reasonable cost of rectification.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
Effective Building and Construction Pty Ltd v Jangoshian [2022] NSWCATAP 401
APPEAL – costs of appeal relating solely to apportionment of costs received by applicant at first instance as between respondents – “submitting appearance” by party successful party at first instance – whether that party ought succeed on costs where the appeal was resolved by consent.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Regulations 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
Champion Homes Sales Pty Ltd v Fawzi [2022] NSWCATAP 399
APPEALS – leave to appeal – decision not fair and equitable – decision against the weight of the evidence – no question of principle.
Civil and Administrative Tribunal Act 2013 (NSW).
Austral Built Pty Limited v Khan & Sultana [2022] NSWCATAP 403
APPEAL – whether error of law demonstrated – whether grounds for leave to appeal demonstrated – whether new evidence should be admitted.
Civil and Administrative Tribunal Act 2013; Home Building Act 1989 (NSW).
Nassif v Commissioner for Fair Trading; Toplace Pty Ltd v Commissioner for Fair Trading [2022] NSWCATOD 188
ADMINISTRATIVE LAW – REVIEW OF DECISION BY EXTERNAL DECISION-MAKER – decision to cancel contractor licence and disqualify a licence holder pursuant to the Home Building Act 1989 (NSW).
PRACTICE AND PROCEDURE – INTERLOCUTORY ORDER – interim decision – factors relevant to exercise of the power to make the interim decision under section 60 of the Administrative Decisions Review Act 1997 (NSW).
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW); Residential Apartment Buildings (Compliance & Enforcement Powers) Act 2020 (NSW).
Gold Emporium Pty Ltd t/as Cordony Constructions v Anderson [2023] NSWCATAP 7
APPEAL – expert evidence-criticisms of the conduct of the expert and whether the expert evidence should be accepted – refusal to allow further evidence and whether there was procedural unfairness – whether leave to appeal should be granted in respect of findings of fact concerning defects.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW) – ss 18B, 18G; National Construction Code.
The Owners – Strata Plan No 89005 v Stromer (No 3) [2022] NSWSC 1707
CIVIL PROCEDURE – summary disposal under UCPR r 13.4 – dismissal of cross-claim – defective pleading concerning statutory duty under s 37 of the Design and Building Practitioners Act 2020 (NSW) – whether Scott Schedule provided by the cross-claimant adequately identifies the precautions the building supervisor should have taken to manager the risk of harm.
Design and Building Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
Rehman v F&F Smart Homes Pty Ltd [2023] NSWCATCD 12
BUILDING AND CONSTRUCTION – claims for defective, incomplete work, and delay – whether work order or money order should be made.
Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Regulation 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Home Building Act 1989 (NSW).
Egan v Egan [2023] NSWCATCD 10
BUILDING AND CONSTRUCTION – application to adjourn proceedings – application to file further evidence – application for summary dismissal – the guiding principle of the Civil and Administrative Tribunal Act 2013 (NSW).
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW).
Russell v Perri t/as Ferral Concreting [2023] NSWCATCD 7
COSTS – Party/Party – general rule that costs follow the event.
COSTS – Party/Party – self represented litigant.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW).
Martignago v Visual Building Construction Pty Ltd [2022] NSWCATCD 219
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – defects in building work – whether a work or a money order should be made in respect of defects in building work – assessment of the quantum of damages.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW).
Babhoota v AMT Grand Homes Pty Ltd [2022] NSWCATCD 217
BUILDING AND CONSTRUCTION – Home Building Act 1989 (NSW) – defective building work – variation of contract – whether exchange of emails satisfied requirement for variation to be in writing and signed – expert evidence.
Electronic Transactions Act 2000 (NSW); Home Building Act 1989 (NSW).
Tran v Buildarch Pty Ltd [2022] NSWCATCD 214
BUILDING AND CONSTRUCTION – Home building – limitation period – s 48K(8) Home Building Act 1989 – whether to transfer proceedings to the District Court.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW).
Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396 [2022] NSWCATCD 213
LAND LAW – strata titles – section 106(6) of the Strata Schemes Management Act 2015 – applicability of s41 of the Civil and Administrative Tribunal Act 2013 to s106(6).
Civil and Administrative Tribunal Act 2013; Strata Schemes Management Act 2015; Home Building Act 1989; Residential (Land Lease) Communities Act 2013.
In-Style Developments Pty Ltd v La & Anor [2023] NSWDC 23
BUILDING AND CONSTRUCTION – whether notice to rectify defective or incomplete works invalid – whether owners’ termination of contract unlawful – whether the conduct by the owners (or the architect on their behalf) prevented the builder from substantially complying with his obligations to complete – whether cap on compensation under contract excludes or modifies right to compensation for defective works supplied in breach of statutory warranties – whether costs for strip out or structural works necessary and reasonable.
Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5
BUILDING AND CONSTRUCTION – contract – defects – duty of care – whether statutory duty of care under the Design and Building Practitioners Act 2020 (NSW) applies in relation to “boarding houses” – meaning of “building work” – Meaning of “construction work”.
BUILDING AND CONSTRUCTION – contract – damages – whether proper measure of damages to reversionary interest in property is the rectification of the damage or the diminution in value of the reversionary interest – CIVIL PROCEDURE – commercial List, Technology and Construction List – procedure – list statements – where respondent failed to plead action on the case in trespass in List Statement – whether denial of procedural fairness to determine the matter on that basis.
American Restatement (First) of Torts; Civil Procedure Act 2005 (NSW); Community Land Management Act 1989 (NSW); Community Land Management Act 2021 (NSW); Conveyancing Act 1919 (NSW); Corporations Act 2001 (Cth); Design and Building Practitioners Act 2020 (NSW); Design and Building Practitioners Regulation 2021 (NSW); Environmental Planning and Assessment Act 1979 (NSW); Home Building Act 1989 (NSW); Interpretation Act 1987 (NSW); Landlord and Tenant Act 1927 (UK); Uniform Civil Procedure Rules 2005 (NSW).
Denmeade v Travers [2023] NSWCATCD 3
REAL PROPERTY – HOME BUILDING – defective and incomplete works – work order or money order – Home Building Act 1989 ss 18B, 18F, 48MA.
Home Building Act 1989 (NSW); Home Building Regulation 2014 (NSW).
Coscuez International Pty Ltd v The Owners – Strata Plan No 46433; The Owners – Strata Plan No 46433 v Coscuez International Pty Ltd [2022] NSWCATCD 201
LAND LAW – strata title – whether proposed by-law unreasonably refused – whether by-laws are harsh, unconscionable, or oppressive.
Civil and Administrative Tribunal Act 2013 (NSW); Civil Procedure Act 2005 (NSW); Legal Profession Uniform Law 2014 (NSW); Strata Schemes Management Act 1996 (NSW); Strata Schemes Management Act 2015 (NSW); Strata Schemes Management Regulation 2016 (NSW).
Fayazi v Commissioner for Fair Trading [2023] NSWCATOD 15
OCCUPATIONS – builders – licences and registration – whether the applicant is a fit and proper person to hold a licence.
Administrative Decisions Review Act 1997 (NSW); Home Building Act 1989 (NSW); Work Health and Safety Act 2011 (NSW).
Nu-Stone Building Pty Ltd v McInerney [2023] NSWSC 67
PRACTICE AND PROCEDURE – application for a stay of proceedings pending determination of application for leave to appeal and any appeal from a decision of the Appeal Panel of the Civil and Administrative Tribunal of New South Wales – whether there is an arguable ground of appeal on a question of law – Whether arguable that leave to appeal would be granted – where there is a risk of substantial prejudice to the plaintiff if that the orders are not stayed – where there is no or limited risk of substantial prejudice to the defendants if the orders are stayed – balance of convenience and the interests of justice favour the granting of a stay.
Civil and Administrative Tribunal Act 2013 (NSW); Home Building Act 1989 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
Cully v Chaseling [2022] NSWCATCD 191
BUILDING and CONSTRUCTION – assessment of damage – precise evidence of loss not provided – mitigation of damages.
Civil and Administrative Tribunal Act 2013; Fair Trading Act 1987; Home Building Act 1989.
Micevski v SK Roofing Pty Ltd [2022] NSWCATCD 195
BUILDING & CONSTRUCTION: Home Building – statutory warranty claim.
Home Building Act 1989.
The Owners – Strata Plan No 92183 v Samdora Pty Ltd [2023] NSWSC 41
SUMMARY DISMISSAL – principles at [4]-[5] – building defects claim – earlier proceedings settled – whether settlement agreement included a release barring these proceedings – release in draft deed circulated without instructions to ‘open discussions’ – draft deed fell by the wayside in subsequent negotiations – ascertaining contractual terms at [6] – post-contractual conduct at [7].
Design and Builders Practitioners Act 2020 (NSW); Home Building Act 1989 (NSW); Strata Schemes Management Act 2015 (NSW); Uniform Civil Procedure Rules 2005 (NSW).
NSW Legislation
Regulations and other miscellaneous instruments
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
Environmental Planning Instruments
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
Cth Legislation
Federal Safety Commissioner Act 2022 06/02/20223 – 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
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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