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NSW Government Bulletin

02 February 2022

27 min read

#Government, #Property, Planning & Development

Published by:

Lauren Stables

NSW Government Bulletin

NSW infrastructure contributions reform – implications for conveyancing practices

In 2022, the NSW Government is set to reform the NSW infrastructure contribution system, which in turn will have considerable implications for NSW conveyancing practices. The Legislative Council is expected to pass the proposed legislation in early 2022, with a commencement date of 1 July 2022. However, in our view, further legislative change is required to ensure conveyancing processes can adequately support the proposed land value contribution framework.

In 2021, the NSW Government introduced the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill (Bill) and the draft Environmental Planning and Assessment Amendment (Infrastructure Contributions) Regulation 2021 (Draft Regulations). The Bill largely amends Part 7 of the Environmental Planning and Assessment Act 1979 (EP&A Act), with other minor consequential amendments to the Conveyancing (Sale of Land) Regulation 2017 and the Valuation of Land Act 1918. The Bill responds to the Productivity Commission’s Review of Infrastructure Contributions in the New South Wales: Final Report dated November 2020 (Review).

The Review and reason for change

The Review found that the current NSW infrastructure system prevents the state and local government from providing the infrastructure required to support development. The Review made 29 recommendations designed to improve the system, all of which were accepted by the NSW Government in March 2021.

Currently, the EP&A Act permits the rezoning of land before a contribution plan has been developed. This means there is often a delay between rezoning and when councils acquire the land required for public infrastructure. This is a major financial risk, as the value of land can increase significantly and rapidly in response to or through speculation about rezoning. Consequently, councils are often required to absorb financial shortfalls when delivering public infrastructure.

Accordingly, the Review recommended the introduction of a direct land contribution framework into the EP&A Act to facilitate early and adequate funding for land.

Proposed changes – land value contributions

The Bill introduces a new type of local infrastructure contribution called a ‘land value contribution’ (LV Contribution). Councils can either elect to collect contributions for land acquisition under the existing section 7.11 framework (which has been minimally amended) or elect to apply a LV Contribution for land within a ‘land value contributions area’ (LVC Area).

A LVC Area is identified in a contributions plan and is the area of land subject to a change in planning controls that results in an increased need for public amenities and services. The LV Contribution relates to the proportion of the LVC Area that is required for the public amenities and services. The LV Contribution is expressed as a percentage, with the maximum being 20 per cent of the LVC Area required for local infrastructure. LV Contributions are calculated based on the value of land for rating purposes, as determined by the NSW Valuer General, at the time the LV Contribution is triggered. 

A LV Contribution can only apply if:

  1. the concurrent planning proposal results in more intensive development of the land and, as a result, increases the value of the land
  2. the intensive development will require land to be provided for a public purpose.

Accordingly, LV Contributions are specifically designed for greenfield release areas where changes to planning controls enable more intensive developments which result in higher land values.

Councils who elect to apply for a LV Contribution must:

  1. do so as part of their request for a gateway determination
  2. submit a draft contributions plan as part of the planning proposal for the same land
  3. exhibit both the planning proposal and contributions plan for a minimum of 28 days.

While a LV Contribution is triggered when land is rezoned, the LV Contribution is only payable upon either the sale or development of the land, whichever occurs first after rezoning. This is to ensure the immediate beneficiary of the rezoning makes the LV Contribution.

Development of Land

If land is subdivided or developed before it is sold, a LV Contribution will be payable (either monetarily or by way of land dedication) as a condition of consent to development.

Sale of Land

Land which is subject to a LV Contribution cannot be transferred to another person, unless the LV Contribution has first been satisfied. Accordingly, the LV Contribution framework has implications for NSW conveyancing practices. We expect there will be an increase in commentary and/or additional amendments to conveyancing legislation in the coming months as there has been little scrutiny about the implications from a conveyancing perspective.

In the table below, we set out the implications of the proposed framework for NSW conveyancing practices.

Authors: Lauren Stables & Cameron Sheather

In the media

Agreement transferring copyright for the Aboriginal flag to the Commonwealth
On 24 January 2022, Commonwealth Government paid a reported $20.05 million to the creator and designer of the Aboriginal Flag, Mr Harold Thomas to make the symbol of Aboriginal Australia freely available for public use. In a landmark copyright deal in Australian history, the creator agreed to transfer the intellectual property rights to the Commonwealth following extensive negotiations (24 January 2022).  More...

Review of Australia’s electronic surveillance laws – your right to control your personal information
The Australian Government has committed to a reform of Australia’s laws relating to electronic surveillance. The objective of the reform is to replace the current legislation governing electronic surveillance (including the Telecommunications (Interception and Access) Act 1979 (Cth) and the Surveillance Devices Act 2004 (Cth) and replace it with one streamlined law. There is contention however, regarding the scope of powers bestowed to the Australian Defence Force to search personal digital devices and copy electronic information (1 February 2022).  More...

Watch this space: Australian Government’s proposed facial recognition plan
Innovation Australia has reported that the Department of Home Affairs has already approached a market provider to build the services for a national facial recognition database. The news comes despite the database, termed the ‘National Driver Licence Facial Recognition Solution’ not being operational because the necessary legislation has not passed in Parliament (31 January 2022).  More...

Australian Government’s efforts to prevent price-gouging and commercial export of RAT’s
Greg Hunt, Minister for Health and Aged Care established a new statutory determination on 7 January 2022 being the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (COVID-19 Rapid Antigen Tests) Determination 2022. The Determination prevents the non-commercial export of Rapid Antigen Test Kits (‘RATs’) outside Australia and price-gouging of RAT tests by individuals who have purchased the tests in a retail transaction (17 January 2022).  More...

New Department of Enterprise Investment and Trade
On 27 January 2022, the Minister for Enterprise, Investment and Trade, Western Sydney and Tourism and Sport announced Amy Brown was appointed Secretary of the brand new Department of Enterprise Investment and Trade. Amy Brown is currently the CEO of Investment NSW and a former lawyer. Ms Brown will oversee the Department’s commitment to economic development, innovation, emerging technology and science to set the NSW economy up for a successful future (27 January 2022).  More...

NSW Government showcases homegrown world-class innovations at Expo 2020 this week
The NSW Government showcased 30 of its best health, medical technology and research organisations as part of Dubai’s Arab Health and Expo 2020 Dubai program at the Australian Pavilion this week. The Expo is one way the Government intends to develop the state’s $92 billion pre-pandemic healthcare sector. The event highlighted investment opportunities across sectors in NSW Health such as construction, biotechnology, manufacturing and research (28 January 2022).  More...

In practice and courts

Cth

Parliamentary Joint Committee on Intelligence and Security (Joint)
The Parliamentary Joint Committee on Intelligence and Security (Joint) is currently inviting written submissions addressing any aspects of the National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Bill 2021. Submissions close 3 February 2022 at 3pm. Read more here.

Parliamentary Joint Committee on Intelligence and Security (Joint)
The Parliamentary Joint Committee on Intelligence and Security (Joint) is currently inviting submissions addressing its review into the Administration and Expenditure No. 20 of Australian intelligence agencies. Under section 29(1) of the Intelligence Services Act 2001 (Cth), the Committee is required to conduct an annual review of the administration, expenditure and financial statements Australian Security Intelligence Organisation, Australian Secret Intelligence Service, Australian Geospatial-Intelligence Organisation, Defence Intelligence Organisation, the Australian Signals Directorate and the Office of National Intelligence. Submissions close 11 February 2022. Read more here.

Select Committee on Foreign Interference through Social Media (Senate)
The Senate established a Select Committee on Foreign Interference through Social Media to inquire into and report on the risk posed to Australia’s democracy by foreign interference through social media on 5 December 2019. The Committee will present its final report on or before the second sitting day of May 2022. Submissions close 11 February 2022. Read more here.

Joint Standing Committee on the National Disability Insurance Scheme (Joint)
The Joint Standing Committee on the National Disability Insurance Scheme (Joint) has decided to conduct an inquiry into current scheme implementation and forecasting for the NDIS. The focus of the inquiry is how the NDIS is implemented and funded, and what supports are or should be available for people with disability alongside the NDIS. The second of the submission closing dates is 28 February 2022. Read more here.

Submissions on Exposure Draft of the Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022
The Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 (SLACIP Bill) commenced on 2 December 2021. The Commonwealth Government sought submissions on a second set of amendments under the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act) which proposed a framework for risk management programs, declarations of systems of national significance and enhanced cyber security obligations. Submissions closed on 1 February 2022, however a virtual Town Hall meeting on 4 February 2022 between 1pm to 2pm has been organised. Read more here.

Review of Australia’s electronic surveillance laws
In 2021, the Commonwealth Government issued a discussion paper on reform of Australia’s electronic surveillance framework. The Department of Home Affairs is welcoming submissions in response to all or a select few of the 37 questions in the discussion paper. The closing date for submissions is 11 February 2022 at 5pm. Read more here.

NSW

New NSW Government Gazette website
The manager of the NSW legislation website, the NSW Parliamentary Counsel’s Office is expecting this month to roll out the final phase of the brand new NSW Government Gazette website. The new standalone website aims to hold all the current gazette data currently on the NSW legislation website and provide users control over when notices are lodged and published. Click here to view the features of the new website. Read more here.

Stakeholder views wanted on energy sector – Department of Planning, Industry and Environment
The NSW Department of Planning, Industry and Environment is seeking stakeholder views on a broad range of options to address issues in the current energy sector. The Department is seeking input to create solutions to barriers faced by customers and businesses in an effort to enhance the way customers participate in the electricity market. Have your say by Wednesday, 23 February 2022 here.

New Environmental Planning and Assessment Regulations to commence 1 March 2022
The NSW Government will replace the Environmental Planning and Assessment Regulation 2000 with a new Environmental Planning and Assessment Regulation 2021 that will commence next month. The NSW Government developed the new Regulation after seeking feedback to help make a simpler, easier and more transparent planning system. See here for a summary of the benefits of the new changes.

New approach to rezoning as part of Planning Reform Action Plan
Following the NSW Government’s Planning Reform Action Plan in June 2021, the NSW Government is proposing to ‘speed up’ the process for changing planning rules for rezoning. The reforms will include new ways of reducing the time to process a proposal to change planning rules by a third by 2023 and establish a new appeals pathway. The Government is currently putting forward a discussion paper on a new approach for feedback which you can view here. The new approach is intended to start in 2022.

Published – articles, papers, reports

Annual Report on Government Services (RoGs) providing information on the equity, effectiveness and efficiency of government services in Australia by the Productivity Commission
The Australian Government Productivity Commission progressively released Part E: Health of its RoGs on 1 February 2022. The information provides a reference for the impact of COVID-19 on data for the health sector and performance reporting for primary and community health, ambulance services, public hospitals and services for mental health. Part B relating to child care, education and training will be released on 3 February 2022.

Submission by NSW Law Society into Public Interest Disclosures Bill 2021 (NSW)
The NSW Law Society made a recent submission to the inquiry into the Public Interest Disclosures Bill 2021, following a report prepared by the Ombudsman on 19 October 2021. The Bill seeks to re-write the regime for public interest disclosures in NSW. The Law Society’s submission, as informed by its Public Law Committee, is supportive of the Bill and acknowledges the timeliness of resourcing which will be required to ensure its success. See the NSW Ombudsman’s special report on the Public Interest Disclosures Bill here.

Submission by NSW Law Society to Law Council
The NSW Law Society made a recent submission to the Law Society Council of Australia, informed by its Public Law Committee in response to the Attorney-General’s Report on the Statutory Review of the Tribunals Amalgamation Act 2015 published on 23 July 2019. The Society requested that the Law Council advocate for the Commonwealth Government to respond to the Report on the basis that many of the measures recommended continue to be relevant.

Parliamentary Joint Committee on Human Rights report into Religious Discrimination Bill 2021 and related bills
On 26 November 2021, the Commonwealth Attorney-General referred the Parliamentary Joint Committee on Human Rights to inquire and provide a report on the Religious Discrimination Bill 2021, The Religious Discrimination (Consequential Amendments) Bill 2021 and the Human Rights Legislation Amendment Bill 2021. The date of the report into the so-called ‘religious discrimination legislative package’ is set to be published on 4 February 2022. Read more here.

Cases

Shin v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 35
MIGRATION – refusal of student visa – where Administrative Appeals Tribunal found that the first appellant did not genuinely intend to stay in Australia temporarily – application of cl 500.212 of Schedule 2 of the Migration Regulations 1994 (Cth) – whether Tribunal erred in taking into account irrelevant considerations being the appellant’s secondary intention to work – appeal dismissed.

CHVS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 34
MIGRATION – application for an extension of time to appeal decision of the Administrative Appeals Tribunal (Tribunal) dismissing the Applicant’s application for want of jurisdiction – Tribunal without jurisdiction because notification earlier given pursuant to s 501CA(3)(b) of the Migration Act 1958 (Cth) invalid – application dismissed.
PRACTICE AND PROCEDURE – whether declaration appropriate – declaration made to quell the controversy in the proceeding and to avoid any multiplicity of proceedings by making clear the basis of Court’s findings regarding the Tribunal’s want of jurisdiction.

BLF20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 43
COSTS – where parties agree that the appeal be allowed – whether First Respondent should pay Appellant’s costs of trial and appeal.

Verma v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FEDCFAMC2G 32
MIGRATION – student visa – decision of the Administrative Appeals Tribunal – whether the Tribunal acted unfairly by making a decision (pursuant to s 362B of the Act) in the absence of the applicant – whether the Tribunal “misguided” the applicant – whether the Tribunal failed to afford the applicant procedural fairness – no jurisdictional error – application dismissed.

HVHG and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2022] AATA 87
CITIZENSHIP – refusal of a citizenship application – whether the applicant is of good character – make false document to obtain property – lengthy driving offences – whether enough time passed since offences – decision affirmed.

Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3
ADMINISTRATIVE LAW – administrative decisions – cancellation of visa – public interest
ADMINISTRATIVE LAW – judicial review – Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs – procedural fairness.

Legislation

Commonwealth

Bills

Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022 (Draft)
1 February 2022 – a Bill to include a second set of amendments to the SOCI Act. Submissions on the exposure draft and explanatory materials closed on 1 February 2022.

Treasury Laws Amendment (Measures for Consultation) Bill 2022: Increased Tribunal powers for small business taxation decisions (Draft)
19 January 2022 – a Bill to extend the power of the Administrative Appeals Tribunal to make it easier for small businesses to pause debt recovery action. Submissions on the exposure draft and explanatory materials closed on 19 January 2022.

Act Compilation

Aged Care Legislation Amendment (Vaccination Information) Principles 2022
Registered 21 January 2022 – statutory principles made under the Aged Care Act 1997 (Cth) that inserted new booster vaccination requirements into the Accountability Principles 2014 (Cth) and the Records Principles 2014 (Cth).

Advance to the Finance Minister Determination (No. 4 of 2021–2022)
Registered 14 January 2022 – this Advance to the Finance Minister (AFM) allocation builds on AFM Determination (No. 2) 2021–22, which was necessary due to the impact of the Delta variant. The Advance is made pursuant to Appropriation Act (No. 1) 2021–2022 (67 of 2021).

Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (COVID‑19 Rapid Antigen Tests) Determination 2022 
Registered 7 January 2022 – the Determination prohibits the non-commercial export of Rapid Antigen Test Kits (‘RATs’) outside Australian borders and price-gouging of RAT tests by persons who have purchased the tests in a retail transaction.

Biosecurity (Preventative Biosecurity Measures–Incoming International Flights) Determination 2022
Registered on 21 January 2022 – Determination made under s 51(2) of the Biosecurity Act 2015 (Cth) and sets out preliminary matters in Part 1 and biosecurity measures to be taken by specified classes of person in Part 2.

Regulations and other miscellaneous instruments

Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet Measures No. 1) Regulations 2022
Registered 18 January 2022.

Superannuation (Government Co-contribution for Low Income Earners) Regulations 2022 (Draft)
The previous Superannuation (Government Co-contribution for Low Income Earners) Regulations 2004 will reach their sunset date on 1 April 2022. The new draft Regulations are intended to ensure improvement from the 2004 Regulations by continuing the operation of the super co-contribution and simplifying the provisions for ease of reference.

Tax Agent Services Regulations 2022 (Draft)
The previous Tax Agent Services Regulations 2009 are also scheduled to reach their sunset date on 1 April 2022. The new draft Regulations will have minor technical changes.

Terrorism Insurance Amendment (Cyclone and Related Flood Damage Reinsurance Pool) Regulations 2022 (Draft)
The purpose of the Regulations is to amend the Terrorism and Cyclone Insurance Regulations 2003 and refine the framework to enable the Australian Reinsurance Pool Corporation to operate the cyclone insurance scheme.

Rules

Carbon Credits (Carbon Farming Initiative) Amendment (Blue Carbon Projects) Rule 2022
Registered 19 January 2022 – commencement of Schedule 1 Amendments.

Carbon Credits (Carbon Farming Initiative) Amendment (Plantation Forestry) Rule 2022
Registered 19 January 2022 – Determination crediting the reduction of emissions from additional carbon stored in permanent forests, plantations and harvested wood products.

Private Health Insurance (Health Insurance Business) Legislation Amendment Rules (No 1) 2022PHI 06/22
The Private Health Insurance Legislation Amendment Rules (No. 1) 2022 make consequential changes to the Private Health Insurance Rules to reflect changes to Medical Benefit Schedule commencing 1 March 2022.

Private Health Insurance Legislation Amendment Rules (No. 1) 2022
Published 28 January 2022.

NSW

Regulations and other miscellaneous instruments

Bathurst Regional Local Environmental Plan 2014 (Map Amendment No 2) (14 of 2022)
Registered 21 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and amends or replaces the maps adopted by the Bathurst Regional Local Environmental Plan 2014 in relation to certain land in Meadow Flat.

Camden Local Environmental Plan 2010 (Map Amendment No 4) (2 of 2022)
Registered 14 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) and amends or replaces the maps adopted by the Camden Local Environmental Plan 2010.

Campbelltown Local Environmental Plan 2015 (Map Amendment No 4) (15 of 2022)
Registered 21 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and amends or replaces the maps adopted by Campbelltown Local Environmental Plan 2015.

Camden Local Environmental Plan Amendment (Sydney Region Growth Centres – South West Growth Centre) (Map Amendment No 3) 2022 (22 of 2022)
Registered 28 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and applies to part of Lot 13, DP 1218155, 877 The Northern Road, Bringelly.

Determination under the Biodiversity Conservation Act 2016 (11 of 2022)
Published 21 January 2022 – this Determination is made pursuant to the Biodiversity Conservation Act 2016 (63 of 2016) (NSW) (the Act). The Scientific Committee established under the Act has made a determination under Part 4, Division 4 to provisionally list a species as a critically endangered on an emergency basis. Schedule 1, Part 2, Div 2 is amended by inserting Pittosporaceae: "Pittosporum" sp. Coffs Harbour (A.S. Benwell 342, NSW1102028) alphabetically.

Dungog Local Environmental Plan 2014 (Amendment No 9) (16 of 2022)
Published 21 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and amends the Dungog Local Environmental Plan 2014 in relation to the use of certain land at Dungog Common Recreation Reserve.

District Court Criminal Practice Note 23 – Resumption of Jury Trials and in person appearances in Judge Alone Trials (Revision)
Commences 12 January 2022 under Gazette No 21 (n2022–0092) – this Practice Note is made pursuant to the District Court Act 1973 (9 of 1973) (NSW) and is a revision of the Practice Note that commenced on 10 October 2021.

Electoral Amendment (COVID-19) Regulation 2022 (10 of 2022)
Published 19 January 2022 – this Regulation is made pursuant to the Electoral Act 2017 (66 of 2017) (NSW). The object of the Regulation is to amend the Electoral Regulation 2018 to make further provision regarding the conduct of by-elections during the COVID-19 pandemic.

Environmental Planning and Assessment Amendment (Port Kembla Steelworks Commodity Logistics and Import Project) Order 2021 (20 of 2022)
Published 28 January 2022 – this Order is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW). The object of the Order is to declare certain development for the purposes of the Commodity Logistics and Import project relating to the Port Kembla Steelworks to be state significant and state critical infrastructure. The development referred to involves modification of berths and infrastructure relating to the steelworks and automation of grab-type ship unloaders.

Final Determination under the Biodiversity Conservation Act 2016 (12 of 2022)
Published 21 January 2022 – this Determination is made pursuant to the Biodiversity Conservation Act 2016 (63 of 2016) (NSW). The Scientific Committee established under the Act has made a final determination under Part 4, Division 3 to list a species as a critically endangered. Schedule 1, Part 1, Div 2 is amended by inserting "Leionema westonii" L.M. Copel & I. Telford alphabetically.

Greyhound Racing Act 2017 – Greyhound Racing Rules (1 February 2022) (21 of 2022) (Repealed)
Published 28 January 2022 – this Regulation was made pursuant to the Greyhound Racing Act 2017 (13 of 2017) (NSW) but has since been repealed.

Legal Profession Uniform Admission Amendment (Board) Rule 2021 (1 of 2022)
Published 14 January 2022 – this Rule is made pursuant to the Legal Profession Uniform Law (NSW) and Legal Profession Uniform Law Application Act 2014 (16 of 2014) (NSW). The Rule inserts a new definition of "Board" into the Legal Profession Uniform Admission Rules 2015 (NSW).

Maitland Local Environmental Plan 2011 (Amendment No 32) (3 of 2022)
Published 14 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and amends or replaces the maps adopted by the Maitland Local Environmental Plan 2011 and environmental heritage provisions.

Orange Local Environmental Plan 2011 (Map Amendment No 3) (4 of 2022)
Published 14 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and amends or replaces the maps adopted by the Orange Local Environmental Plan 2011.

Public Health (COVID-19 Self-Isolation) Order (No 4) Amendment (No 3) Order 2022
Registered 5 January 2022 under Gazette No 1 (n2022–0001) – this Order is made pursuant to the Public Health Act 2010 (127 of 2010) (NSW). The object of the Order is to amend the Public Health (COVID-19 Self-Isolation) Order (No 4) 2021 in order to clarify that certain persons engaged by the Department of Education are also authorised contact tracers.

Public Health (COVID-19 Self-Isolation) Order (No 4) Amendment (No 4) Order 2022
Registered 12 January 2022 under Gazette No 4 (n2022–0004) – this Order is made pursuant to the Public Health Act 2010 (127 of 2010) (NSW). The object of the Order is to give effect to changes agreed by the Government, summarised here.

Public Health Amendment (Rapid Antigen Tests) Regulation 2022 (9 of 2022)
Published 19 January 2022 – this Regulation is made pursuant to the Public Health Act 2010 (127 of 2010) NSW. It prescribes a penalty notice in the amount of $1,000 if a person fails to comply with a direction of the Minister for Health requiring the person to give notification that the person has tested positive to COVID-19 as a result of a rapid antigen test.

Public Health (COVID-19 General) Order (No 2) Amendment (No 5) Order 2022
Registered 7 January 2022 under Gazette No 2 (n2022–0002) – this Order is made pursuant to the Public Health Act 2010 (127 of 2010) (NSW). The object of this Order is to require certain persons arriving in New South Wales, including flight crew, to self-isolate until the person has undergone a rapid antigen test for COVID-19 and the result of the test is negative, and require a person who tests positive on a rapid antigen test for COVID-19 to undergo a test for COVID-19 as soon as practical after testing positive, and self-isolate until the person is notified that the result for the test for COVID-19 is negative.

Public Health (COVID-19 General) Order (No 2) Amendment (No 6) Order 2022
Registered 10 January 2022 under Gazette No 3 (n2022–0003) – this Order is made pursuant to the Public Health Act 2010 (127 of 2010) (NSW). The object of the Order is to prohibit singing and dancing by persons attending musical festivals.

Retail and Other Commercial Leases (COVID-19) Regulation 2022 – No. 7 of 2022
Updated on 14 January 2022 – this Regulation is to be repealed by s 16(2) of this Regulation on 14 July 2022.

Shellharbour Local Environmental Plan 2013 (Amendment No 24) (8 of 2022)
Published 14 January 2022 – this Regulation is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and applies to Lot 300, DP 1223037, 10 Croome Road, Croom.

Snowy Hydro Corporatisation Amendment (Savings and Transitional Provisions) Regulation 2022 (13 of 2022)
Published 21 January 2022 – this Regulation is made pursuant to the Snowy Hydro Corporatisation Act 1997 (99 of 1997) (NSW). The object of the Regulation is to extend by 12 months the period in which s 81(4) of the National Parks and Wildlife Act 1974 (NSW) does not operate to stop operations being undertaken in relation to the Snowy 2.0 project that are not in accordance with Kosciuszko National Park Plan of Management 2006.

Sutherland Local Environmental Plan 2015 (Map Amendment No 1) (17 of 2022)
Published 21 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and amends or replaces the maps adopted by the Sutherland Shire Local Environmental Plan 2015.

Warringah Local Environmental Plan 2011 (Map Amendment No 1) (19 of 2022)
Published 21 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and amends or replaces the maps adopted by the Warringah Local Environmental Plan 2011 in relation to certain land in Allambie Heights.

Willoughby Local Environmental Plan 2012 (Map Amendment No 1) (5 of 2022)
Published 14 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and amends or replaces the maps adopted by the Willoughby Local Environmental Plan 2012.

Wollongong Local Environmental Plan 2009 (Map Amendment No 2) (23 of 2022)
Published 28 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and amends or replaces the maps adopted by the Wollongong Local Environmental Plan 2009 in relation to certain land in Yallah and Marshall Mount.

Woollahra Local Environmental Plan 2014 (Amendment No 23) (6 of 2022)
Published 14 January 2022 – this Plan is made pursuant to the Environmental Planning and Assessment Act 1979 (203 of 1979) (NSW) and applies to SP 30455, 780–786 New South Head Road, Rose Bay.

Acts

Greyhound Racing Act 2017 (NSW) (24 of 2022)
Greyhound Racing Rules 2022 – the object of these Rules is to provide rules for or with respect to any matter relating to greyhound racing, made by the members of the Greyhound Welfare and Integrity Commission, in accordance with section 55(1) of the Greyhound Racing Act 2017 and following consultation with Greyhound Racing NSW.

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 article is accurate at the date it is received or that it will continue to be accurate in the future.

Published by:

Lauren Stables

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