NSW Government Bulletin - 20 May 2015

In Friends of King Edward Park Inc v Newcastle City Council (No 2) [2015] NSWLEC 76 (Friends of KE), the NSW Land and Environment Court (LEC), found that a development consent granted for a function centre on land reserved for public recreation was invalid. The LEC has also confirmed that land reserved for "public recreation" must not be developed for a purpose which generally excludes the public.

Key lessons for government

The case highlights for decision makers the importance of ensuring that there is sufficient documentary evidence to demonstrate that all mandatory considerations have been taken into account when exercising functions and making decisions. This is particularly important where the decision is contentious and likely to be the subject of judicial review proceedings.

Click here... to read more in our case note on Friends of KE.

In other news, the NSW government's legislative response to the decision of the High Court in ICAC v Cunneen has passed both houses. The Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW), which validates findings and activities of the Commission of the type the High Court has found to be outside the Commission's powers, is subject of a challenge by Travers Duncan.

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In the media

Travers Duncan asks High Court to strike down ICAC validation laws The High Court has been asked to strike down retrospective laws passed by the NSW Parliament to validate a swath of corruption findings, in the latest front in a legal battle against the Independent Commission Against Corruption (18 May 2015) More...

Baird's plan to decide future of ICAC The Coalition government passed a bill to review theIndependent Commission Against Corruption (ICAC) and determine its jurisdiction following a high court ruling that the commission would not be allowed to investigate Crown prosecutor Margaret Cunneen. The panel will report on ICAC's jurisdiction, its appropriate powers, and consider whether any limits or extra powers should be applied to the Commission (14 May 2015) More...

James Packer's Crown could face legal challenge over Barangaroo, Echo Entertainment says Echo said a social impact assessment would help to gain an overall environmental view of Crown's proposal and included a legal assessment that said the modifications "would be open to judicial review proceedings in Class 4 of the Land and Environment Court's jurisdiction" (12 May 2015) More...

NSW contaminated in comparison to Victoria, says minister on corruption Special Minister of State Gavin Jennings says it is important to balance the pursuit of corruption against the protection of individual rights and privacy, describing NSW politics and government as more "contaminated". Mr Jennings is reviewing the entire integrity system, including IBAC, the Ombudsman and Auditor-General...