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NSW Government Bulletin: Restoring certainty – Parliament responds to courts’ interpretation of the EPA Act

14 May 2025

43 min read

#Government, #Property, Planning & Development

Published by:

Christine Jones (Editor)

NSW Government Bulletin: Restoring certainty – Parliament responds to courts’ interpretation of the EPA Act

On 7 May 2025, the NSW Parliament passed the Environmental Planning and Assessment Amendment Bill 2025 (Bill). While the Bill introduces several amendments, 3 key changes respond directly to separate decisions handed down by the Land and Environment Court or Court of Appeal. With the intention of “restoring certainty in planning decisions”, the Bill is a case study in the symbiotic relationship between the judiciary and Parliament in the making and interpretation of statute.

This article focuses on the 3 changes to the Environmental Planning and Assessment Act 1979 (EPA Act) that respond to the Courts’ decisions, and the cases that catalysed those changes.

Ensuring flexibility in concept consents

The first change relates to concept consents. Under the EPA Act, development consent can be granted to a ‘concept development application’ (previously known as staged development applications). These applications usually seek consent for the high-level parameters for the use of a site, with details to follow in subsequent development applications. For example, a concept development application may seek approval for a proposed land use, building envelopes, and a stage 1 subdivision of land.

The benefit of this process is the certainty it provides for later stages, as approval effectively greenlights the concept for the site. This certainty is ensured by the EPA Act, which currently provides that while a concept consent is in force, “the determination of any further development application in respect of the site cannot be inconsistent with” the concept consent.

However, issues can arise where, for instance, the subdivision is carried out in accordance with stage 1 of the concept consent and the resulting lots are then sold off. If the new owners wish to develop those lots in a way that differs from what was originally approved under the concept development consent, they will not be able to do so under the EPA Act – unless the concept consent is modified to accommodate those changes.

The Bill amends the EPA Act in response to the decision in Castle Hill Panorama Pty Ltd v The Hills Shire Council [2023] NSWLEC 204 (Castle Hill Panorama Pty Ltd), where Justice Moore of the Land and Environment Court accepted that, under the condition powers in section 4.17 of the EPA Act, a consent authority can grant consent to a later-stage development application that is inconsistent with an existing concept consent so long as a condition is imposed requiring the previously granted concept consent be modified or surrendered.

The Bill introduces a subsection that expressly confirms the approach taken in Castle Hill Panorama Pty Ltd. 

Modifications that only change consent conditions

The second change introduced by the Bill responds to the Court of Appeal’s decision in Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177 (Buyozo). That decision effectively overturned the established understanding of a consent authority’s power to modify a development consent. The Court held that the consent authority only had power to modify a development consent where the modification application sought to change the subject development; that power did not extend to applications that sought only to modify or remove a condition of consent that did not change the development itself.

The Bill amends the EPA Act to effectively reinstate the understanding of the modification powers prior to the decision in Buyozo, ensuring that modification powers are facilitative and allowing proponents to seek modifications to consent conditions which would not change the development (the subject of the consent).

Accounting for submissions outside of a notification period

The final change brought in by the Bill which relates to recent case law clarifies how objections are counted when determining the appropriate consent authority for a development application. The amendment specifies that the number of submissions received, for this purpose, is to be determined by the number of submissions received during the exhibition period.

Under the EPA Act, councils are required to “prepare a community participation plan” outlining how and when they will engage with the community when exercising planning functions. This includes opportunities for community participation in relation to development applications and a specified periods for public exhibition.

In Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council [2024] NSWCA 41 (Filetron), the Council told the applicant that it would accept a submission outside the exhibition period. The Court of Appeal had to decide whether a submission made by the applicant outside this period could be considered a submission under the EPA Act. This is important because the determination of the appropriate consent authority for the development application depends on the number of submissions received. The Court acknowledged that there is nothing in the EPA Act preventing a consent authority from considering submissions made outside the notification period.

The Bill clarifies that a submission made outside the exhibition period is not a submission for the purposes of the EPA Act, but this does not prevent a consent authority from considering such a submission. This will allow the appropriate consent authority to be determined with certainty at the end of the exhibition period, based on the number of objections received during that period (where relevant).

Takeaway

Although the Bill has passed both houses in Parliament, its provisions will not commence until a date to be appointed by proclamation or otherwise on the date of assent to the Act. As such, the changes above are not yet in effect. In the meantime, government lawyers should prepare for these changes, to the extent that they change the current application of the law, and consider whether these changes will necessitate changes to the processes or approaches taken in assessing, notifying or making development applications and modification applications.

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.

Authors: Katharine Huxley & Thomas Kwok

In the media

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Greens push for NSW Human Rights Act, Attorney General open to discussion

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NSW eases licensing rules for interstate workers

The government of New South Wales (NSW) has passed new legislation expanding Automatic Mutual Recognition (AMR) to additional industries, making it easier for qualified workers from other Australian states to operate in NSW without obtaining a separate licence. Effective July 1, conveyancers, real estate and property agents, and automotive industry workers from interstate will be able to work in NSW under AMR. The scheme, introduced in 2021, is designed to reduce administrative barriers for licensed professionals moving between states, cutting red tape and eliminating the need for duplicate licence applications and fees (20 March 2025). Read more here.

Minns Labor Government delivers on rental reform by ending no grounds evictions on 19 May 2025

More than 2.3 million renters in NSW will be better off thanks to the latest round of changes to rental laws which will help create a fairer rental market, including ending ‘no-grounds’ evictions and making it easier to keep a pet. The reforms will come into effect on 19 May 2025 following extensive consultation with renters, investors, animal welfare groups and industry representatives. Further reforms, including stronger privacy protections for renters and the introduction of a portable rental bond scheme, are set to be introduced later in 2025 (25 March 2025). Read more here.

Typos causing unnecessary delays to the approval of more homes

In the past 12 months NSW councils considered more than 5,250 Development Applications of which almost 1,000 were lodged with minor errors and inconsistencies that were only identified post-consent, resulting in unnecessary and avoidable delays in assessment timeframes. The Minns Government is releasing a guide for councils on a best practice approach for reviewing draft conditions of consent to reduce errors and eliminate the need for some modification applications (5 April 2025). Read more here.

Legal Aid NSW to train sponsors in updated fines relief scheme

The NSW government has announced changes to its work and development order (WDO) scheme, including the removal of the age restriction applicable to those over 25 years old for mentoring programs. By removing the age cap, the NSW government seeks to offer participants, including Aboriginal and Torres Strait Islander people, to give back to their communities and take part in cultural activities, the media release said. This change also aims to encourage more regional providers to get involved and make positive impacts within their communities (2 April 2025). Read more here.

Identity of hacker behind NSW court website data breach unknown, police say

Authorities say they do not know who is behind a data breach at the NSW Department of Communities and Justice (DCJ) in which thousands of sensitive files were accessed. NSW government officials confirmed about 9,000 sensitive court files, including domestic violence orders and affidavits, were accessed from the NSW Online Registry last week. Attorney-General Michael Daley said the breach was detected during "routine maintenance" of the registry system, when technicians noticed some data had changed (27 March 2025). Read more here.

NSW government's two-year progress: Housing challenges persist

Katie Stevenson, NSW executive director of the Property Council, praised the government’s early actions, such as the creation of the Housing Delivery Authority and various planning reforms aimed at enhancing low and mid-rise housing and transit-oriented development. “But with persistent delays in planning approvals and rising regulatory costs, there’s still a long way to go,” Stevenson said, emphasising the severe impact of escalating government taxes and the proposed shift of the Emergency Services Levy onto property owners, which could further strain the housing market. This shortfall is compounded by a broader trend of inadequate housing supply relative to population growth (25 March 2025). Read more here.

AI powers new complaint platform by National Justice Project

“There are close to 300 official complaint bodies across Australia’s federal, state, and territory jurisdictions, each with different processes, eligibility criteria, and requirements. Many complaints never reach the right body simply because the process is too difficult to navigate”, National Justice Project CEO George Newhouse said. “Hear Me Out was built to cut through this confusion, ensuring that people can navigate their options quickly and easily. The information gathered will help expose systemic problems and identify opportunities for impactful reforms” (24 March 2025). Read more here.

NSW launches in-house consultant service across government

The NSW government has launched an in-house Expert Advisory Network (EAN) aimed at reducing public sector reliance on outside consultants and making better use of existing expertise. Set up within the Premier’s department, the network consists of an initial list of 30 existing teams across the public service with specific expertise. The teams will deliver specialist advice and support to government projects, initially in areas like policy and strategy, stakeholder engagement, financial and commercial services, and technology, among others (31 March 2025). Read more here.

NSW government offices can't always accommodate workers amid push to scale back work-from-home, unions say

The Public Service Association of NSW says there is a lack of space for transport department employees to work in the office. It follows a government directive to have public sector employees "work principally in an approved office, workplace or related work site". A survey found almost half of transport department workers would actively look for another job under the policy. Union representative Nathan Bradshaw said members in the transport department were not objecting to working in the office, but they reported a lack of space for them to do so, with some workers saying they were asked to sit on the floor to work (8 April 2025). Read more here.

Corruption inquiry into NSW school construction chief begins

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In practice and courts

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Review of Practical Legal Training in New South Wales

Justice Andrew Bell has published the results of a survey on practical legal training, conducted by Urbis on behalf of the LPAB. The survey was principally directed towards practitioners who had completed PLT in the last decade as well as those who have supervised practitioners in that period. Over 2,500 responses were received from the cohort of recently admitted practitioners, and over 2,000 from supervisors, numbers which generate statistically significant results. The responses to the survey provide much valuable data and have also generated some serious concerns about the cost and quality of PLT available in the marketplace (14 April 2025). Access Justice Andrew Bell’s statement here and the survey results here.

Stephen Free named a judge of appeal at the NSW Supreme Court

The NSW government has announced the appointment of Stephen Free as a judge of appeal at the NSW Supreme Court. Free’s practice over the past 20 years has covered commercial law, public law, regulatory matters, and appellate advocacy. He is a barrister who has tackled constitutional and commercial cases and complex class actions, as well as competition, consumer, and administrative law matters (7 April 2025). Read more here.

Who to sue? Identity and whereabouts of a defendant

An application for preliminary discovery can be made to ascertain the identity or whereabouts of a potential defendant before proceedings have been commenced to identify a prospective defendant or defendants. The relevant provision appears in rule 5.2 of the Uniform Civil Procedure Rules 2005 (NSW) and a similar, but not identical provision, appears in rule 7.22 of the Federal Court Rules 2011 (Cth). In the recent decision of iSAM Securities (UK) Ltd v Press, Richmond J extracted the five elements required for such an application (14 March 2025). Read more here.

What is a serious invasion of privacy? UK case law has answers

Australia’s new privacy tort is in force from 10 June 2025. It is contained within Schedule 2 of the Privacy and Other Legislation Amendment Act 2024. As foreshadowed in the Explanatory Memorandum, courts will look to other common law jurisdictions’ case law on similar causes of action to guide their application of the new tort. Lawyers will be accustomed to all sorts of complaints about breaches of their privacy. These may include poisonous posts on social media (often anonymous); malicious emails or messages; websites created to attack and humiliate; old-school leaflet drops; and approaches to journalists (11 April 2025). Read more here.

Have your say – SafeWork NSW priorities for 2025/26

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Have your say – Evaluating Unattended Property Laws

The Office of Local Government is seeking feedback on the effectiveness of Unattended Property Laws and their implementation since they commenced in 2022. The Public Spaces (Unattended Property) Act 2021 and accompanying regulation were developed following extensive consultation with councils, community, advocacy bodies, share scheme operators, and authorities during the review of the former Impounding Act 1993. The Office of Local Government (OLG) is evaluating the effectiveness of the laws and their implementation since their commencement in 2022 to ensure public spaces remain safe and enjoyable. The consultation period will be open until 13 June 2025. Read more here.

Have your say – Net Zero Commission 2025 consultation

Climate change impacts manifest both as acute events (such as bushfires and intense storms) and slow-onset processes (like sea level rise or drought). These impacts often exacerbate existing exposures and vulnerabilities, highlighting the urgent need for adaptation action. The Net Zero Commission is seeking feedback on the climate change and adaptation advice they give to NSW Government. The consultation period will be open until 11 July 2025. Access the Consultation Paper here.

Have your say – SafeWork NSW priorities for 2025/26

SafeWork NSW’s purpose is to secure safe and healthy workplaces so every worker in NSW returns home safely each day. Informed by research, data and consultation with stakeholders, SafeWork are proposing five regulatory priorities for the 2025/26 financial year including exposure to hazardous chemicals including silica, asbestos and welding fumes, and injury from mobile plant, vehicles or fixed machinery. The consultation period will be opened until 25 May 2025. Access the Annual Regulatory Statement 2025/2026 Consultation Paper here.

Have your say – NSW energy from waste framework review

The Environment Protection Authority (EPA) is seeking feedback on proposed changes to the NSW energy from waste framework. The EPA are seeking feedback on three key areas in this waste framework: changes to the precincts and associated risks, changes to the definition of thermal treatment and changes to powering industrial or manufacturing processes on site. The consultation period will be opened until 16 May 2025. Access the NSW Environment Protection Authority: Energy from waste – options paper here.


Publication

Review of the Use of Legal Professional Privilege in Commonwealth Investigations

The Law Council of Australia provided a response to the Attorney-General’s Department’s and Treasury’s Discussion Paper, ‘Review of the use of Legal Professional Privilege in Commonwealth Investigations’ (Discussion Paper). As an initial point, when discussing issues relating to legal privilege, the Law Council’s preference is to refer to client legal privilege (CLP), rather than legal professional privilege. A key reason for this approach is to emphasise that privilege belongs to the client, not the legal practitioner. As such, a practitioner may only disclose privileged communications if clearly instructed to do so by their client (14 March 2025). Access the submission and read more here.

Letter to SafeWork NSW – Remaking the Work Health and Safety Regulation 2017

The Law Society’s Employment Law Committee provided comments on SafeWork’s consultation on the Work Health and Safety Regulation 2017 (WHS Regulation) remake. The Committee welcomes any opportunity that review of the NSW legislative framework may bring for further harmonisation, through consideration of the suitability of incorporating any refreshed state-specific provisions with national relevance into the Model provisions where appropriate, so that they may apply to other States or Territories if adopted (13 March 2025). Access the submission here

A legislative framework to regulate restrictive practices

Legal Aid NSW is concerned that the framework DCJ has proposed in the consultation paper (the proposed framework) leaves serious gaps in the protection of people with a disability from the use of restrictive practices. Legal Aid in their submission propose recommendations to improve the proposed model, including empowering the Senior Practitioner to issue determinations about whether a restrictive practice is involved in an individual’s care and addressing how the proposed framework will impact on NDIS participants residing in group homes (March 2025). Access the Submission here.

Final report – Local government 2024

This report presents the audit results and key themes from the Audit Office’s 30 June 2024 financial audits of New South Wales (NSW) councils’ financial statements. The Local Government Act 1993 (the LG Act) requires the Auditor-General to issue an audit opinion on the general purpose financial statements, the special purpose financial statements and the special schedule – permissible income (31 March 2025). Access the Report here.

Report on the 2024 NSW Drug Summit

The NSW Government announced in July 2024 that it would hold a drug summit to bring people together to find ‘new ways forward’ to improve outcomes for people impacted by drugs in NSW. The drug summit forums were held in 3 locations: Griffith on 1 November, Lismore on 4 November and Sydney on 4–5 December. They included families, Aboriginal community leaders, justice representatives and frontline service providers. The report contains 56 recommendations across crucial areas including prevention, early intervention, community support, stigma and reform (April 2025). Access the Report here.

Review of the Future Acts Regime: Issues Paper

The Law Council of Australia provided a submission in response to the Issues Paper released by the Australian Law Reform Commission (ALRC) as part of the Review of the Future Acts Regime (Review). The Law Council understands that, through the Issues Paper, the ALRC is seeking to identify the issues that it should examine over the course of the Review. This submission briefly provides some legislative background and relevant contextual considerations in relation to the future acts regime and then, in response to Questions 1 and 2 of the Issues Paper, sets out a number of issues at a high level for consideration as part of the Review (16 April 2025). Access the submission and read more here.

Strategic Examination of Research and Development (R&D)

The Intellectual Property Committee of the Business Law Section of the Law Council of Australia (IPC) welcomes the opportunity to make this submission to the panel undertaking a strategic examination of Australia’s R&D system. The purpose of this submission is to highlight the important role that intellectual property rights play in contributing to Australia’s R&D system and to innovative activity generally and outline areas where specific IP issues impact the development of a more purposeful R&D system in Australia. Further, it indicate our interest in commenting on any proposals for law reform, which may be under consideration by the panel, that have a direct or indirect impact on, or which are directly or indirectly impacted by, intellectual property laws in Australia (16 April 2025). Access the Submission here.

Government Response to Report No. 1/58 of the Joint Standing Committee on Electoral Matters entitled 'Administration of the 2023 NSW State Election and other matters'

The Legislative Assembly and Legislative Council referred an inquiry into the administration of the 2023 NSW state election to the Committee in June 2023. In November 2023, the Houses amended the terms of reference to include consideration of issues related to political donations and truth in political advertising laws. The Committee resolved to conduct the inquiry in December 2023. The Government has responded to the recommendations and findings to improve the administration of future state elections (30 April 2025). Access the Response here.

Cases

Williamson v Chief Commissioner of State Revenue [2025] NSWCATAD 69

TAXES AND DUTIES – dutiable transactions – concession from duty under First home buyers assistance scheme – reassessment – no exercise of discretion – onus of proof not satisfied.

Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Duties Act 1997 (NSW); First Home Owner Grant Act 2000 (NSW); Interpretation Act NSW 1987 (NSW); State Revenue Legislation Further Amendment Bill 2005 (NSW); Taxation Administration Act 1996 (NSW); Civil and Administrative Tribunal Act 2013 (NSW).

Billyard Ave Developments Pty Limited v The Council of the City of Sydney [2025] NSWLEC 22

APPEAL – appeal on question of law – misconstruction of statutory provision – Commissioner’s decision to refuse development consent for demolition and erection of new residential flat buildings – contravention of building height development standard – written request seeking to justify contravention – Commissioner not satisfied that development is consistent with zone objectives – misconstruction of zone objectives – misunderstanding and misapplication of principles of statutory interpretation.

APPEAL – appeal on question of law – denial of procedural fairness – Commissioner decided appeal on issues not contested by the parties – consent orders – Commissioner’s findings of social impacts and negative environmental effects of development not in issue – denial of procedural fairness by failing to give parties notice and opportunity to be heard.

Environmental Planning and Assessment Act 1979 (NSW), s 4.16; Land and Environment Court Act 1979 (NSW), s 34; Land and Environment Court Rules 2007 (NSW), r 3.7; Standard Instrument (Local Environmental Plans) Order 2006; Sydney Local Environmental Plan 2012, cl 4.6.

Waluya Pty Ltd v Minister for Planning and Public Spaces (No 2) [2025] NSWLEC 1197

DEVELOPMENT APPLICATION – whether development permissible in B6 Enterprise Corridor zone – whether jurisdictional preconditions are satisfied – signage is consistent with objectives of Chapter 3 – signage satisfies assessment criteria in Schedule 5.

Biodiversity and Conservation Act 2016, ss 6.5, 7.13; Environmental Planning and Assessment Act 1979, s 7.12; Land and Environment Court Act 1979, s 39; Roads Act 1993; Biodiversity Conservation Regulation 2017, cl 6.7; Environmental Planning and Assessment Regulation 2021, s 38; State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4, Sch 2, ss 2.3, 4.9; State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, ss 3.1, 3.6, Sch 5; State Environmental Planning Policy (Precincts – Regional) 2021, Ch 5, ss 5.25, 5.26, 5.36, 5.39, 5.40, 5.43, 5.45, 5.48, 5.53; State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 4.6; State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.122.

FYH v Commissioner of Police, NSW Police Force [2025] NSWCATAD 71

ADMINISTRATIVE LAW – privacy – information protection principles – jurisdiction – civil proceedings – reasonable safeguards protecting information – “use” of information.

ADMINISTRATIVE LAW – reviewable decision – conduct – correct and preferable decision – Civil and Administrative Tribunal.

Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Privacy and Personal Information Protection Act 1998 (NSW).

Yang v New South Wales Land and Housing Corporation [2025] NSWCA 58

APPEALS – leave to appeal – competency – monetary threshold – procedural irregularity in filing summons seeking leave not causing distinct prejudice.

APPEALS – procedure – time Limits – extension of time – reasonable explanation for delay in filing notice of appeal – delay significant but not substantial – no distinct prejudice to other party – no utility in granting extension for continuous failure to demonstrate reasonably or fairly arguable case on appeal.

CIVIL PROCEDURE – summary dismissal where no reasonable cause of action disclosed – pleadings – striking out – none of three attempts by appellant properly identify grounds of appeal beyond raising matters not in issue below or matters which would not establish that the proceeding was not statute-barred.

LIMITATION OF ACTIONS – suspension of time – plaintiff asserted to be under disability – restraint or detention in foreign country.

Limitation Act 1969 (NSW), ss 11, 14(1), 52, 55, 56; Residential Tenancies Act 2010 (NSW); Supreme Court Act 1970 (NSW), ss 23, 101(2)(r); Uniform Civil Procedure Rules 2005 (NSW), rr 4.10(5)(b), 15.3, 51.10(1)(b) and 51.16(1)(c).

Ashton v State of New South Wales [2025] NSWIRComm 1010

EMPLOYMENT AND INDUSTRIAL LAW – victimisation – Practice and Procedure – reference to Full Bench – whether jurisdictional challenge on basis that previous Full Bench authority was wrongly decided should be determined before evidence taken – balancing of interests – whether sufficient doubt exists for referral.

Civil Procedure Act 2005, ss 56 and 58; Government Sector Employment Act 2013, s 58; Industrial Relations Act 1996 ss 146, 193, 210 and 213; Members of Parliament Staff Act 2013, ss 20 and 26.

Environment Protection Authority v Metropolitan Collieries Pty Ltd [2025] NSWLEC 23

SENTENCE – offences against s 64(1) and s 120(1) of the Protection of the Environment Operations Act 1997 (NSW) – objective seriousness of the offences – offences caused actual and potential environmental harm – Subjective circumstances – totality principle applies – fines imposed – offender ordered to pay prosecutor’s costs – offender ordered to publish notices and to pay a portion of the monetary penalty to NSW National Parks and Wildlife Service.

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A; Criminal Procedure Act 1986 (NSW), ss 247E, 257B; Fines Act 1996 (NSW), s 122; Protection of the Environment Operations Act 1997 (NSW), ss 3, 64, 120, 241, 248, 250.

Artmade Architectural Pty Ltd v Central Coast Council [2025] NSWLEC 1169

DEVELOPMENT APPEAL – centre-based child care centre – character – car parking area – site coverage – leave not granted for new contention – leave not granted for amended development application.

Environmental Planning and Assessment Act 1979, s 4.15; Education and Care Services National Regulations (2011 SI 653), s 113; State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.26, 3.27; Central Coast Local Environmental Plan 2022, cll 4.3, 4.4; State Environmental Planning Policy (Housing) 2021, ch 5.

NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union v Cessnock City Council [2025] NSWIRComm 1008

EMPLOYMENT AND INDUSTRIAL LAW – industrial dispute – enterprise agreement approved – principles for approval of enterprise agreements – recission of enterprise agreements following expiry of nominal period.

Industrial Relations Act 1996 (NSW).

ZeroBonds Residential Pty Ltd v Commissioner for Fair Trading [2025] NSWSC 265

LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – rights and obligations of landlords and tenants – where the Plaintiff seeks a negative declaration – a Bond Replacement Product – proper construction of s 23 of the Residential Tenancies Act 2010 (NSW) – whether the Bond Replacement Product would contravene s 23 of the Residential Tenancies Act 2010 (NSW) – where there is a prohibition in relation to requiring or receiving payment from a tenant – whether the phrase “before or when” is to be given a temporal construction.

LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – rights and obligations of landlords and tenants – where the Plaintiff seeks a negative declaration – a Bond Reversal Product – whether the Bond Reversal Product contravenes s 32 of the Residential Tenancies Act 2010 (NSW) – kinds of payments a tenant may be required to pay for a residential tenancy agreement – where the section has the express words of connection “for or in relation to”.

STATUTORY INTERPRETATION – literal meaning – natural and ordinary meaning – promoting the legislative purpose or object underlying the Act – Interpretation Act 1987 (NSW).

Interpretation Act 1987 (NSW); Competition and Consumer Act 2010 (Cth); Residential Tenancies Act 2010 (NSW); Residential Tenancies Act 1987 (NSW) (repealed); Residential Tenancies Amendment Act 2024 (NSW); Retail Leases Act 1994 (NSW); Residential Tenancies Amendment Bill 2024 (NSW).

Garland v Commissioner for Fair Trading [2025] NSWCATOD 28

ADMINISTRATIVE LAW – Real Estate – Certificate of Registration – fit and proper person.

Property and Stock Agents Act 2002 (NSW); Administrative Decisions Review Act 1997 (NSW); Crimes Act 1900 (NSW); Civil and Administrative Tribunal Act 2013 (NSW).

Wan v Chief Commissioner of State Revenue [2025] NSWCATAP 54

APPEAL – surcharge land tax – primary liability accepted – discretion to remit interest on reassessment under s 25 of the Taxation Administration Act 1996 (NSW).

Civil and Administrative Tribunal Act 2013 (NSW); Civil and Administrative Tribunal Rules 2014 (NSW); Land Tax Act 1956 (NSW); Land Tax Management Act 1956 (NSW); Taxation Administration Act 1996 (NSW).

Webb v Secretary, Department of Communities and Justice [2025] NSWCATEN 2

ENFORCEMENT – whether conduct of solicitor capable of constituting contempt in the face or hearing of Tribunal – whether contempt application should be heard by Tribunal or referred to Supreme Court if applicants adduce evidence capable of establishing contempt.

Civil and Administrative Tribunal Act 2013 (NSW); Government Information (Public Access) Act 2009 (NSW); Legal Profession Uniform Law Australian Solicitors Conduct Rules 2015 (NSW).

Darley v City of Parramatta (No 2) [2025] NSWCATAD 86

Administrative Law – administrative review – Government information – whether subject information is “commercial in confidence” information of a third party – information provided in confidence – confidential evidence – balancing the public interest – correct and preferable decision.

Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Evidence Act 1995 (NSW); Government Information (Public Access) Act 2009 (NSW); Local Government Act 1993 (NSW).

Cerrafon v Health Secretary in Respect of Healthshare NSW [2025] NSWIRComm 8

EMPLOYMENT AND INDUSTRIAL LAW – contract – breach – remuneration – repudiation – termination – Industrial Relations Commission – jurisdiction – procedures and powers.

Fair Work Act 2009 (Cth) ss 13, 14(2), 60, 61(2)(i), 119; Government Sector Employment Act 2013 (NSW) ss 64(2), 64(4), 74; Health Services Act 1997 (NSW) s 116H; Industrial Relations Act 1991 (NSW) (repealed); Industrial Relations Act 1996 (NSW) ss 11, 130, 145(1), 146, 146(1), 146(1)(c), 151, 151A(1), 153, 153(b), 154, 162, 162(2)(h), 163, 175-180, 356, 365-368; Industrial Relations (Commonwealth Powers) Act 2009 (NSW) s 6(c); Uniform Civil Procedure Rules 2005 (NSW) r 13.4; Health Employees Conditions of Service (State) Award; Health Employees (State) Award cl 5.

Legislation

Proclamations commencing Acts

Bail and Other Legislation Amendment (Domestic Violence) Act 2024 No 30 (2025-99) – published LW 14 March 2025

Equality Legislation Amendment (LGBTIQA+) Act 2024 No 71 (2025-140) – published LW 4 April 2025

Residential Tenancies Amendment Act 2024 No 75 (2025-138) – published LW 2 April 2025

Industrial Relations Amendment Act 2025 No 8 (2025-182) – published LW 24 April 2025

Mental Health Legislation Amendment Act 2025 No 5 (2025-183) – published LW 24 April 2025

Regulations and other miscellaneous instruments

Sheriff Amendment (Sheriff’s Alternate) Regulation 2025 (2025-100) – published LW 14 March 2025

Workers Compensation (Indexation) Order 2025 (2025-101) – published LW 14 March 2025

Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2025 (2025-112) – published LW 17 March 2025

Road Amendment (Surf Life Saving NSW) Rule 2025 (2025-113) – published LW 21 March 2025

Administrative Arrangements (Administrative Changes—SafeWork NSW Agency) Order 2025 (2025-123) – published LW 28 March 2025

Casino Control Amendment (Manager Appointment Extension) Regulation 2025 (2025-137) – published LW 28 March 2025

NSW Trustee and Guardian Amendment (Fees) Regulation 2025 (2025-124) – published LW 28 March 2025

Road Transport Amendment (Miscellaneous) Regulation 2025 (2025-125) – published LW 28 March 2025

Treasurer’s Direction TD21-05 - Valuation of Physical Non-Current Assets at Fair Value (2025-122) – published LW 25 March 2025

Births, Deaths and Marriages Registration Amendment (Fees) Regulation 2025 (2025-141) – published LW 4 April 2025

Conveyancing (General) Amendment (Telstra Limited) Regulation 2025 (2025-142) – published LW 4 April 2025

Environmental Planning and Assessment Amendment (Bush Fire Protection Mechanisms) Regulation 2025 (2025-143) – published LW 4 April 2025

Local Government (General) Amendment (Minimum Amounts of Rate) Regulation 2025 (2025-144) – published LW 4 April 2025

Music Festivals Amendment (Delegation) Regulation 2025 (2025-145) – published LW 4 April 2025

Property and Stock Agents Amendment (Landcom Exemptions) Regulation 2025 (2025-146) – published LW 4 April 2025

Public Health Amendment Regulation 2025 (2025-147) – published LW 4 April 2025

Referable Debt Order (2025-148) – published LW 4 April 2025

Residential Tenancies Amendment Regulation 2025 (2025-139) – published LW 2 April 2025

Industrial Relations Commission Amendment Rules 2025 (2025-159) – published LW 7 April 2025

Community Services Sector (Portable Long Service Leave) (Levy Determinations) Order 2025 (2025-172) – published LW 11 April 2025

Community Services Sector (Portable Long Service Leave) Regulation 2025 (2025-160) – published LW 11 April 2025

Crimes (Administration of Sentences) Amendment (Prescribed Information) Regulation 2025 (2025-161) – published LW 11 April 2025

Final Determination [Biodiversity Conservation Act 2016] (2025-162) – published LW 11 April 2025

Fines Amendment (Parking Fines) Regulation 2025 (2025-163) – published LW 11 April 2025

Guidelines for Approval of Shared Equity Schemes (2025-184) – published LW 24 April 2025

Environmental Planning Instruments

Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 14) (2025-102) – published LW 14 March 2025

Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 15) (2025-103) – published LW 14 March 2025

Inner West Local Environmental Plan 2022 (Amendment No 11) (2025-104) – published LW 14 March 2025

Lane Cove Local Environmental Plan Amendment (In-fill Affordable Housing) 2025 (2025-105) – published LW 14 March 2025

Nambucca Local Environmental Plan 2010 (Amendment No 34) (2025-106) – published LW 14 March 2025

North Sydney Local Environmental Plan 2013 (Amendment No 41) (2025-107) – published LW 14 March 2025

Orange Local Environmental Plan 2011 (Map Amendment No 10) (2025-108) – published LW 14 March 2025

Richmond Valley Local Environmental Plan 2012 (Map Amendment No 2) (2025-109) – published LW 14 March 2025

Wingecarribee Local Environmental Plan 2010 (Map Amendment No 8) (2025-110) – published LW 14 March 2025

Woollahra Local Environmental Plan 2014 (Amendment No 41) (2025-111) – published LW 14 March 2025

Blacktown Local Environmental Plan 2015 (Amendment No 36) (2025-114) – published LW 21 March 2025

Forbes Local Environmental Plan 2013 (Amendment No 16) (2025-115) – published LW 21 March 2025

Georges River Local Environmental Plan 2021 (Amendment No 10) (2025-116) – published LW 21 March 2025

Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 18) (2025-117) – published LW 21 March 2025

Murray Local Environmental Plan 2011 (Map Amendment No 3) (2025-118) – published LW 21 March 2025

North Sydney Local Environmental Plan 2013 (Map Amendment No 8) (2025-119) – published LW 21 March 2025

Standard Instrument (Local Environmental Plans) Amendment (Richmond Valley) Order 2025 (2025-120) – published LW 21 March 2025

State Environmental Planning Policy Amendment (Richmond Valley Regional Jobs Precinct) 2025 (2025-121) – published LW 21 March 2025

Ballina Local Environmental Plan Amendment (Exempt and Complying Development Codes—Exempt Development Pathway) 2025 (2025-126) – published LW 28 March 2025

Bayside Local Environmental Plan 2021 (Amendment No 8) (2025-127) – published LW 28 March 2025

Bayside Local Environmental Plan 2021 (Amendment No 9) (2025-128) – published LW 28 March 2025

Canada Bay Local Environmental Plan 2013 (Amendment No 30) (2025-129) – published LW 28 March 2025

Lane Cove Local Environmental Plan 2009 (Map Amendment No 2) (2025-130) – published LW 28 March 2025

Maitland Local Environmental Plan 2011 (Amendment No 38) (2025-131) – published LW 28 March 2025

Murray Local Environmental Plan 2011 (Amendment No 18) (2025-132) – published LW 28 March 2025

North Sydney Local Environmental Plan 2013 (Map Amendment No 9) (2025-133) – published LW 28 March 2025

Standard Instrument (Local Environmental Plans) Amendment (Queanbeyan-Palerang) Order 2025 (2025-134) – published LW 28 March 2025

State Environmental Planning Policy Amendment (South Jerrabomberra Regional Jobs Precinct) 2025 (2025-135) – published LW 28 March 2025

Wollondilly Local Environmental Plan 2011 (Map Amendment No 12) (2025-136) – published LW 28 March 2025

Blacktown Local Environmental Plan (Precincts – Central River City) (Map Amendment No 4) (2025-149) – published LW 4 April 2025

Conargo Local Environmental Plan 2013 (Amendment No 2) (2025-150) – published LW 4 April 2025

Hornsby Local Environmental Plan 2013 (Map Amendment No 5) (2025-151) – published LW 4 April 2025

Nambucca Local Environmental Plan 2010 (Map Amendment No 2) (2025-152) – published LW 4 April 2025

Port Stephens Local Environmental Plan 2013 (Amendment No 46) (2025-153) – published LW 4 April 2025

Ryde Local Environmental Plan 2014 (Map Amendment No 5) (2025-154) – published LW 4 April 2025

State Environmental Planning Policy Amendment (Redmond Place Precinct) 2025 (2025-155) – published LW 4 April 2025

State Environmental Planning Policy Amendment (St John’s Cathedral—Northern Site) 2025 (2025-156) – published LW 4 April 2025

Sydney Local Environmental Plan (Planning Systems) (Map Amendment No 1) (2025-157) – published LW 4 April 2025

Warringah Local Environmental Plan Amendment (Temporary Housing) 2025 (2025-158) – published LW 4 April 2025

Bayside Local Environmental Plan 2021 (Amendment No 10) (2025-164) – published LW 11 April 2025

Blacktown Local Environmental Plan (Precincts – Central River City) (Map Amendment No 5) (2025-165) – published LW 11 April 2025

Central Coast Local Environmental Plan 2022 (Map Amendment No 11) (2025-166) – published LW 11 April 2025

Dubbo Regional Local Environmental Plan 2022 (Amendment No 6) (2025-167) – published LW 11 April 2025

Glen Innes Severn Local Environmental Plan 2012 (Map Amendment No 1) (2025-168) – published LW 11 April 2025

Parramatta Local Environmental Plan 2023 (Amendment No 14) (2025-169) – published LW 11 April 2025

State Environmental Planning Policy Amendment (Narrabri Place Strategy) 2025 (2025-170) – published LW 11 April 2025

State Environmental Planning Policy Amendment (WestConnex Dive Site) 2025 (2025-171) – published LW 11 April 2025

Byron Local Environmental Plan 1988 (Map Amendment No 1) (2025-173) – published LW 17 April 2025

Canterbury-Bankstown Local Environmental Plan 2023 (Amendment No 5) (2025-174) – published LW 17 April 2025

Coffs Harbour Local Environmental Plan 2013 (Map Amendment No 16) (2025-175) – published LW 17 April 2025

Ku-ring-gai Local Environmental Plan 2015 (Amendment No 38) (2025-176) – published LW 17 April 2025

Lake Macquarie Local Environmental Plan 2014 (Map Amendment No 19) (2025-177) – published LW 17 April 2025

Liverpool Local Environmental Plan (Precincts – Western Parkland City) (Map Amendment No 3) (2025-178) – published LW 17 April 2025

Parramatta Local Environmental Plan 2023 (Map Amendment No 8) (2025-179) – published LW 17 April 2025

Pittwater Local Environmental Plan 2014 (Amendment No 13) (2025-180) – published LW 17 April 2025

Port Macquarie- Hastings Local Environmental Plan 2011 (Map Amendment No 9) (2025-181) – published LW 17 April 2025

Byron Local Environmental Plan 2014 (Amendment No 48) (2025-185) – published LW 24 April 2025

Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 12) (2025-186) – published LW 24 April 2025

Inner West Local Environmental Plan 2022 (Amendment No 13) (2025-187) – published LW 24 April 2025

Sydney Local Environmental Plan 2012 (Amendment No 107) (2025-188) – published LW 24 April 2025

Upper Lachlan Local Environmental Plan 2010 (Amendment No 8) (2025-189) – published LW 24 April 2025

Albury Local Environmental Plan 2010 (Map Amendment No 2) (2025-190) – published LW 2 May 2025

Georges River Local Environmental Plan 2021 (Amendment No 11) (2025-191) – published LW 2 May 2025

Hornsby Local Environmental Plan 2013 (Amendment No 16) (2025-192) – published LW 2 May 2025

Murray Local Environmental Plan 2011 (Map Amendment No 4) (2025-193) – published LW 2 May 2025

Narromine Local Environmental Plan 2011 (Map Amendment No 1) (2025-194) – published LW 2 May 2025

Queanbeyan-Palerang Regional Local Environmental Plan 2022 (Amendment No 7) (2025-195) – published LW 2 May 2025

Bills introduced – Government

Claim Farming Practices Prohibition Bill 2025

Community Improvement Districts Bill 2025

Industrial Relations Amendment (Transport Sector Gig Workers and Others) Bill 2025

Product Lifecycle Responsibility Bill 2025

Screen and Digital Games Industries Bill 2025

Crimes (Sentencing Procedure) Amendment Bill 2025

Cultural Institutions Legislation Amendment Bill 2025

Health Services Amendment (PPP Prohibition) Bill 2025

Justices of the Peace Amendment Bill 2025

Road Transport Legislation Amendment (Post-Crash Drug and Alcohol Testing) Bill 2025

Bills introduced – Non-Government

Crimes Legislation Amendment (Racial and Religious Hatred Legislation Repeal) Bill 2025

Roads Amendment (Wildlife Impacts) Bill 2025

Civil Liability Amendment (Organisational Child Abuse Liability) Bill 2025

Crimes Legislation Amendment (Youth Crime) Bill 2025

Health Services Amendment (Splitting of the Murrumbidgee Local Health District) Bill 2025

Protection of the Environment Operations Amendment (e-Waste) Bill 2025

Return of Proceeds of Crime (Gambling Businesses) Bill 2025

Bills revised following amendment in Committee

Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025

Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025

Environmental Planning and Assessment Amendment Bill 2025

Work Health and Safety Amendment (Standalone Regulator) Bill 2025

Bills passed by both Houses of Parliament

Automatic Mutual Recognition Legislation Amendment Bill 2025

Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025

Claim Farming Practices Prohibition Bill 2025

Energy Amendment (Pipelines and Gas Safety) Bill 2025

Industrial Relations Amendment (Transport Sector Gig Workers and Others) Bill 2025

Product Lifecycle Responsibility Bill 2025

Work Health and Safety Amendment (Standalone Regulator) Bill 2025

Bills assented to

Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Act 2025 No 16 – Assented to 02 April 2025

Automatic Mutual Recognition Legislation Amendment Act 2025 No 17 – Assented to 02 April 2025

Claim Farming Practices Prohibition Act 2025 No 19 – Assented to 09 April 2025

Energy Amendment (Pipelines and Gas Safety) Act 2025 No 21 – Assented to 09 April 2025

Industrial Relations Amendment (Transport Sector Gig Workers and Others) Act 2025 No 20 – Assented to 09 April 2025

Work Health and Safety Amendment (Standalone Regulator) Act 2025 No 18 – Assented to 09 April 2025

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.

Published by:

Christine Jones (Editor)

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