LOCAL GOVERNMENT LAW
[5 marks] Consider Bushfire Survivors for Climate Action Inc v Environmental Protection Authority [2021] NSWLEC 92
Outline the:
Relevant facts
Issue(s)
Relevant Finding(s)
Decision
Relevance to planning law in NSW.
[5 marks] Consider Peabody Pastoral Holdings Pty Ltd v Mid-Western Regional Council [2013] NSWLEC 86
Outline the:
Relevant facts
Issue(s)
Decision
Relevance to planning law in NSW
[5 marks] Consider Queanbeyan City Council v ACTEW Corporation Ltd [2011] HCA 40
Outline the:
Relevant facts
Issue(s)
Decision
What the numerous interventions indicate.
4. [10 marks] The Hickman Principle
With regard to the Hickman Principle or Hickman Approach (Hickman):
What is the common law origin of this?
What are the key elements?
[5 marks]
b) What relevance does Hickman have to local government and planning law in Australia?
Identify as examples at least two statutory references[5 marks]
[15 marks] Consider:
Alison Ziller, The New South Wales Joint Expert Report Policy – reflections of an SIA practitioner (2016) 21 LGLJ 149
ABC Radio National, Law Report, Hot tubbing, 5 May 2009,
http://www.abc.net.au/radionational/programs/lawreport/hot-tubbing/3137260#transcript
Outline what is a ‘doorstop SIA’
Students need to identify:
The statutory basis for ‘SIA’
The reason for the use of ‘doorstop’
[1.5 marks]
What is a ‘JERP’
[1.5 marks]
What is ‘hot tubbing’
[2.0 marks]
d) Critically evaluate the use of JERPS and hot tubbing in assisting the NSWLEC to resolve planning disputes
Students need to identify:
how and when in the legal process the above procedures come into play
the advantages and disadvantages of these procedures
[10 marks]
