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Amalgamations announced 12 May 2016

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Today Premier Mike Baird announced that several Councils would be merged, forming new Councils:

The most comprehensive local government reform in more than 100 years will result in 19 new councils beginning operations from today

Read more: here

I guess today is as good as any other day for my very first blog post!

While the announcement by Mr Baird identifies 19 new Councils, the 2 Proclamations available today identifies 19 new Councils.  The Proclamations also outline basic procedures for first steps for the newly formed Councils, and names the Administrator, General Manager and Deputy General Manager(s) for each of the new Councils.  Several areas where mergers are proposed will remain undetermined until the Land and Environment Court issues judgments in proceedings that have been commenced by Councils, challenging the NSW Government’s decision.

The 12 May 2016 will herald many changes in Local Government across NSW.  My intention in keeping this blog is to provide myself and others with a place to find links, commentary, up to date information on all things related to local government law, planning and environmental law in NSW.

You can find the Proclamations here and the Cumberland and Parramatta Proclamations  here .

 

Biodiversity Bill and Local Land Services Amendment Bill

Local Land Services Amendment Bill 2016:  find it here

The purpose of the proposed Act is to Repeal the Native Vegetation Act 2003 and to Amend the Local Land Services Act 2013 in relation to native vegetation land management in rural areas. The proposed amendments are tied to the draft Biodiversity Conservation Act 2016 and it is proposed they will commence on the same date.

The Local Land Services Bill refers to a proposed new SEPP in a consultation note – State Environmental Planning Policy (Protection of Trees in Urban Areas) 2016 noting the proposed SEPP would replace the Standard Instrument LEP provisions (currently clauses 5.9 and 5.9A in most Standard Instrument LEPs) which require obtaining tree removal permits (in urban areas). The note states that the SEPP will define the urban areas where it is applicable the allow removal of native and other declared species under the authority of a permit granted by the LGA. It is proposed that the SEPP will also remove any requirement for development consent to be obtained for removing non declared species in urban areas and deal with the clearing of non native vegetation outside the declared urban areas.

Biodiversity Conservation Bill 2016 – Public Consultation Draft: find it here

The proposed Act will repeal the Threatened Species Conservation Act 1995 and the animal and plant provisions of the National Parks and Wildlife Act 1974 and amend consequential Act and instruments.

The consultation draft notes that the definition of “ecologically sustainable development” is defined as in the Protection of the Environment Administration Act 1991 however it is to be amended by Schedule 11 of the Bill which requires that social, economic and environmental considerations are to be part of integrated in decision making processes. This could be seen as a step back from the definition of ecologically sustainable development, established in much case law in NSW.

Standard instrument changes

Changes to the Standard instrument (Local Environmental Plans) have been made. The amendments relate to the zoning of garden centres, hardware and building supplies and places of public worship. There have also been amendments to the definition of “building height” and “livestock processing industry” see them here

“Hardware and building supplies” and “garden centres” have been added to the mandatory uses that are permitted with consent in the IN1 General Industrial, IN2 Light Industrial and B7 Business Park Zones. “places of public worship” are now permitted with consent in the IN1 General Industrial and IN2 Light Industrial Zones. Some Council areas already permitted these additional uses in the zones, the change is being added to facilitate consistency.

The definition of building height has also been amended so that existing known datum can be used to establish the height of a building. The FAQs released identify that Councils will be able to choose their preferred method for measuring height when preparing LEPs but there is now an option to use Australian Height Datum.

Further, the definition of “livestock processing industry” has been amended so that “derived principally from surrounding districts” has been removed. The rationale behind this amendment is stated as being the removal of restricting businesses from obtaining supply from the immediate vicinity, thus encouraging trade with a broader base increasing supply options to business.

See  this link which explains the changes.  This link is also useful.