New arrangements for granting leases and licences on council managed Crown land
The Crown Land Management Amendment (Plan of Management) Regulation 2021 (CLM Regulation) commenced on 4 June 2021. Councils appointed as Crown land managers under the Crown Land Management Act 2016 (NSW) (CLM Act) are now no longer required to adopt a plan of management (PoM) by 1 July 2021. Accordingly, what were initially interim arrangements relating to the grant of leases and licences will now continue to operate indefinitely, or at least until such time as a PoM is adopted.
As mentioned in our previous article dated 7 April 2021, under the CLM Act, councils were granted a three-year period from 1 July 2018 to 30 June 2021 (Initial Period) to adopt a PoM. During the Initial Period, councils could grant leases and licences in accordance with the interim arrangements provided under the CLM Act (cl.70 of the CLM Regulation 2018). From 1 July 2021, councils could only grant leases or licences over community land in accordance with an adopted PoM (except in limited circumstances).
What are the changes?
The CLM Regulation which amended the Crown Land Management Regulation 2018 now exempts councils from the requirement to adopt PoMs by 1 July 2021. Council Crown land managers are now also required to seek Minister’s consent before adopting any PoM and also continue to be exempt from holding public hearings in respect of proposed PoMs.
The CLM Regulation did not introduce a new due date for the adoption of PoMs, however, councils are still required to submit categorisations and draft PoMs as soon as practicable.
Council Crown land managers can now continue to grant leases and licences on community land as outlined in the table below, until the earlier of:
The effect of the changes is that not all Council managed reserves will have a PoM and that councils will be required to prepare a PoM if they wish to enter into a lease or licence not covered by clause 70 of the Crown Land Management Regulation 2018.
Authors: Cameron Sheather, Peter Holt & Lauren Stables
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Extraordinary meeting of Attorneys-General
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New Permanency Taskforce to increase open adoption and guardianship
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PS productivity modified for COVID
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Gazette registration - annual federal courts and tribunals fee increases from 1 July 2021
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Commonwealth Parliamentary Review now open for submissions and interviews: Sex Discrimination
The AHRC is inviting contributions for its Independent Review into Commonwealth Parliamentary Workplaces, accepting written contributions from groups covered by the Review’s Terms of Reference.
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Attorney General Consultations
National Register of Enduring Powers of Attorney
Closing date 30 June 2021
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Proposal to remake the anti-terrorism standards - consultation 22/2021
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Department of Home Affairs Consultation
The Customs (Prohibited Imports) Amendment (Firearms and Weapons) Regulations 2021
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Law Council Update
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Law Council of Australia Submissions
10 June 2021— Law Council. Transition to strengthening client verification
07 June 2021— Law Council. Migration Amendment (Clarifying International Obligations for Removal) Act 2021
07 June 2021— Law Council. Aged Care and Other Legislation Amendment (Royal Commission Response No. 1) Bill 2021
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions.
Issue No. 12/2021, 15 June 2021.
National Health (Privacy) Rules 2018 review
The closing date for submissions is 4 June 2021.
Read the National Health (Privacy) Rules 2018 review here.
OAIC: Our FOI disclosure log
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ALRC Judicial Impartiality Consultation Paper 2021
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Finance and Public Administration Legislation Committee
Operation and management of the Department of Parliamentary Services
On 11 May 2021, the reporting date was extended to 30 June 2021.
Legal and Constitutional Affairs Legislation Committee
Family Law Amendment (Federal Family Violence Orders) Bill 2021 [Provisions]
The deadline for submissions to this inquiry is 18 June 2021.
Select Committee on Foreign Interference through Social Media
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Amendment to the Uniform Civil Procedure Rules - Amendment to Rule 50.18
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Drug Misuse and Trafficking Regulation 2021
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IPC NSW June 2021 Bulletin
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Personal Injury Commission - Hearings during COVID-19
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Decisions before the High Court
The Court of Appeal maintains a list of decisions of the New South Wales Court of Appeal or Court of Criminal Appeal appealed to the High Court. The list is updated regularly. View the latest publication here.
Artificial Intelligence (AI)
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NSW Law Society: Applications open for the Access to Justice Innovation Fund
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NCAT Digitisation of warrants for possession
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COVIDSafe Report November 2020-May 2021
The Office of the Australian Information Commissioner (OAIC): 17 June 2021
The OAIC received 14 enquiries about COVIDSafe between 16 November 2020 and 15 May 2021. Ten enquiries raised general issues or concerns about COVIDSafe and four related to a request to download or use the app. The OAIC did not receive any complaints or data breach notifications in relation to COVIDSafe. More...
Equality Across the Board: Investing in workplaces that work for everyone
Australian Human Rights Commission: 17 June 2021
The report’s recommendations offer a blueprint for Australia’s largest corporations to reduce the prevalence of sexual harassment in their workplaces and build safer, more equal workplaces. Follows a survey and series of interviews with ASX200 companies. It makes a suite of recommendations for corporate boards and executive leadership, as well as investors. Read Equality Across the Board in full here.
Statement by the Commonwealth Ombudsman on the current investigation relating to the National Health and Medical Research Council
Ombudsman Industry updates: 07 June 2021
Review of the evidence for the effectiveness of homeopathy commences. More...
Regulation of Great Barrier Reef Marine Park permits and approvals — follow-up
ANAO Report No 44: 17 June 2021:
The audit objective was to examine the effectiveness of the Great Barrier Reef Marine Park Authority’s regulation of permits and approvals. More...
Australian Federal Police’s use of statutory powers
ANAO Report No 43: 08 June 2021
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Responding to non-compliance with biosecurity requirements
ANAO Report No 42: 07 June 2021
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Why did sexual assault reports spike in March 2021
BOSCAR Bureau Brief No. BB155: 10 June 2021
The number of sexual assault incidents recorded by NSW Police jumped dramatically in March 2021, up 46 per cent from February 2021 and 65 per cent from March 2020. The sharp increase most likely reflects a temporary increase in victim willingness to report sexual assault due to heightened public attention on sexual assault and consent (rather than an increase in prevalence). More...
Douglas v Secretary, Department of Education  NSWIRComm 1044
PUBLIC SECTOR DISCIPLINARY APPEAL – School Learning Support Officer dismissed – non-disclosure order – sustained allegations of misconduct involving a nine year old special needs student – inappropriate physical contact.
Dubow v Mid-Western Regional Council  NSWSC 699
CIVIL PROCEDURE — commencement of proceedings — summons — prejudice to defendant arising from an extension of time for filing would not be substantial — no significant delay — time for filing the further amended summons extended pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 59.10 ADMINISTRATIVE LAW — judicial review — relief sought pursuant to s 69 of the Supreme Court Act 1970 (NSW) — whether the impounding and sale of the plaintiff’s alpacas complied with the relevant statutory provisions — power under s 116(3) does not depend on the commencement, or result, of criminal proceedings — proceedings in the Local Court and NCAT do not operate as an automatic injunction restraining the defendant from exercising its statutory powers against the plaintiff’s alpacas — filing a summons in this Court does not prevent the sale of the plaintiff’s alpacas — further amended summons dismissed.
North Parramatta Residents Action Group v Infrastructure NSW  NSWLEC 60
JUDICIAL REVIEW Minister grants development consent to Powerhouse Parramatta original development application proposes demolition of “Willow Grove” and “St George’s Terrace”, local heritage items listed in the Parramatta Local Environmental Plan 2011 development modified during environmental impact statement (EIS) submission and consideration process proposed demolition of “St George’s Terrace” abandoned final proposal envisages “Willow Grove” will be disassembled and re erected at another site North Parramatta Residents Action Group challenges validity of consent adequacy of EIS interaction between cl 7 of Sch 2 of the Environmental Planning and Assessment Regulation 2000 with the Secretary’s Environmental Assessment Requirements (SEARs) extent of requirement to examine feasible alternative sites
AQG v Secretary, Department of Customer Service  NSWCATAD 167
ADMINISTRATIVE REVIEW – Privacy – where respondent applied for summary dismissal of applicant’s application - scope of applicant’s application – whether application sought review of conduct which was not the subject of an internal review application.
Coppock v Willoughby City Council  NSWCATAD 166
ADMINISTRATIVE LAW – access to government information – access application – conclusive presumption against disclosure – legal professional privilege – excluded information ADMINISTRATIVE LAW – access to government information – access application – public interests in favour of disclosure – public interests against disclosure– whether overriding public interest against disclosure.
O’Grady v Sutherland Shire Council  NSWCATAD 165
GIPA - Government Information (Public Access) Act 2009 – s. 101 – extension of time – reasonable excuse.
Decision restricted  NSWSC 657
CRIMINAL PROCEDURE — sentence proceedings — reasons for sentence — pronouncement of sentence SENTENCING — federal offences — three offences of conspiracy to cause an offer of a bribe to a foreign official contrary to ss 11.5(1) and 70.2(1)(a)(iv) of the Criminal Code Act 1995 (Cth) — relevant factors on sentence — objectively serious and within the mid-range — damage caused by corruption of public officials — past and future assistance given by the company to authorities — need for general and specific deterrence — general deterrence achieved by rewarding a self-reporting company who assists investigating and prosecuting authorities — the company’s self-reporting and its response to the offending suggests remorse and contrition, and a desire to set about its own rehabilitation — consideration of delay SENTENCING — penalty for body corporate — determination of the maximum penalty — the meaning of “benefit” in s 70.2(5)(b) of the Criminal Code Act 1995 (Cth) — consistent with the legislative intention, benefit means net benefit — discount for guilty plea, past assistance and an undertaking to provide future assistance.
Mawas v State Parole Authority & Anor  NSWSC 652
ADMINISTRATIVE LAW – ground of review other than procedural fairness – unreasonableness – Decision of State Parole Authority to revoke parole where offender had been charged with offences – Application of s170A Crimes (Administration of Sentences) Act 1999 (NSW) ADMINISTRATIVE LAW – threshold test for procedural fairness – regular practice – requirements of State Parole Authority when revoking parole
Early Childhood Education Australia Pty Ltd v Secretary, Department of Education  NSWCATAD 161
ADMINISTRATIVE LAW - Education and Care Services National Law – review of decision to cancel provider approval - fit and proper person - breach of approval condition - alternative measures available to the decision maker - new approval conditions imposed
Coote v Blacktown City Council  NSWCATAD 160
ADMINISTRATIVE REVIEW – government information – access application – complaint made to Council – access to name and details of complainant- whether overriding public interest against disclosure
Regulations and other miscellaneous instruments
Annual Holidays Regulation 2021 (2021-288) — published LW 18 June 2021
Duties Act 1997 — Notice of Adjusted Amounts Under Section 33AF of Duties Act 1997 (2021-290) — published LW 18 June 2021
Better Regulation Legislation Amendment Act 2019 No 23 (2021-269) — published LW 11 June 2021
Charitable Fundraising Amendment Act 2018 No 64 (2021-270) — published LW 11 June 2021
Regulations and other miscellaneous instruments
Charitable Fundraising Regulation 2021 (2021-272) — published LW 11 June 2021
Oaths Amendment (Identification) Regulation 2021 (2021-274) — published LW 11 June 2021
Government Sector Finance Act 2018 — Treasurer’s Direction TD21-02 - Mandatory Annual Returns to Treasury (2021-268) — published LW 7 June 2021
Uniform Civil Procedure (Amendment No 97) Rule 2021 (2021-279) — published LW 11 June 2021
Victims Rights and Support (Victims Support Levy) Notice 2021 (2021-280) — published LW 11 June 2021
Bills introduced – 11 June 2021
Electoral Legislation Amendment (Local Government Elections) Bill 2021
Families, Communities and Disability Services Miscellaneous Amendment Bill 2021
Anti-Discrimination Amendment (Religious Vilification) Bill 2021
Bills revised following amendment in Committee
Law Enforcement Conduct Commission Amendment (Commissioners) Bill 2021
Mandatory Disease Testing Bill 2021
Bills passed by both Houses of Parliament
Law Enforcement Conduct Commission Amendment (Commissioners) Bill 2021
Mandatory Disease Testing Bill 2021
Prevention of Cruelty to Animals Amendment Bill 2021
Bills assented to
Mandatory Disease Testing Act 2021 No 13 — Assented to 17 June 2021
Law Enforcement Conduct Commission Amendment (Commissioners) Act 2021 No 14 — Assented to 17 June 2021
Prevention of Cruelty to Animals Amendment Act 2021 No 15 — Assented to 17 June 2021
For the full text of Bills, and details on the passage of Bills, see Bills.
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.