Services to Councils and State Agencies

We regularly provide legal services to councils and state agencies on their obligations, duties and functions under various Acts and subordinate legislation, including:

  • Environmental Planning and Assessment Act 1979
  • Local Government Act 1993
  • Protection of the Environment Operations Act 1997
  • Roads Act 1993
  • Administrative Decisions Tribunal Act 1997
  • Companion Animals Act 1998
  • Contaminated Land Management Act 1997
  • Government Information (Public Access) act 2009
  • Heritage Act 1977
  • Independent Commission Against Corruption Act 1988
  • Interpretation Act 1997
  • Land and Environment Court Act 1979
  • Mining Act 1992
  • National Parks and Wildlife Act 1974
  • Native Vegetation Act 2003
  • Rural Fires Act 1997
  • Swimming Pools Act 1992
  • Threatened Species Conservation Act 1995
  • Water Management Act 2000
  • Land Acquisition (Just Terms Compensation) Act 1991.

We are able to advise on administrative law matters including:

  • the drafting of notices of intention to give orders and of orders under sections 121B of the Environmental Planning and Assessment Act 1979 and section 124 of the Local Government Act 1993
  • the prospects of successfully defending an appeal against any of those orders
  • the drafting of provisions to be included in draft environmental planning instruments and development control plans
  • codes of meeting practice
  • codes of conduct
  • plans of management for land classified as community land under the Local Government Act 1993
  • the compulsory acquisition of land by a council or state agency
  • requests for information under the Government Information (Public Access) Act 2009 and the effect of the Privacy and Personal Information Protection Act 1998
  • pecuniary interest provisions and duties of disclosure under the Local Government Act 1993
  • delegation of functions under the Environmental Planning and Assessment Act 1979 and Local Government Act 1993.

We provide services and advise on employee matters such as:

  • occupational health and safety
  • public and personal liability
  • industrial relations
  • employment contracts
  • equal employment opportunity
  • remuneration of councillors and mayors.

We provide services and advise on property and commercial matters such as:

  • the purchase and sale of land
  • the preparation of leases and licences of public road
  • sale of land for overdue rates
  • sale of closed roads and other transactions under the Roads Act 1993, including leases and licences of roads and air space above roads
  • advice on commercial arrangements for joint venture and public-private partnership arrangements for the redevelopment of land and use of public land
  • the drafting of agreements for joint venture and public-private partnership arrangements
  • advice on tax implications of joint venture and public-private partnership arrangements
  • advice on compliance with the requirements of the Trade Practices Act 1974.

We can represent councils and state agencies in litigation in matters such as:

  • prosecutions in the Local Court or the Land and Environment Court
  • judicial review proceedings for or against a council or state agency in the Land and Environment Court
  • merit appeals against refusals of development applications and orders in the Land and Environment Court
  • proceedings in appellate courts.