Norman Waterhouse
   
Norman Waterhouse

 

 

Normans Briefly

In this issue

Welcome to the October edition of our Local Government Briefly.

>   Welcome to Aden Miegel!
>   Save the Date - 2015 Walking the Talk Seminar
>   Local Government – State Government’s provisional views on reform of boards and committees
>   Employment – Too many cooks spoil the dismissal
>   Development Control – Can a building application precede land division?
>   Property, Infrastructure & Development – Rights of way Part 2 – Rights and obligations
>   Local Government – ‘Street Preachers’ case now a leading nationwide authority in support of local government regulatory powers
>   Development Control – Are Aleppo pine trees ever protected?

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Welcome to Aden Miegel!

Norman Waterhouse extends a warm welcome to their newest addition to the team - Aden Miegel, Associate, who has joined our Environment and Planning Team. Aden would be known to many of our local government clients. His environment and planning experience includes an in-house role as a lawyer for one of South Australia's leading convenience retailers and largest private companies. Aden is experienced in the management of development applications and has experience in appearing before the ERD Court. He is also experienced in compliance and enforcement matters generally and providing advice based on the Development Act 1993 and other relevant legislation with a practical and commercial perspective.

Aden can be contacted on 8217 1342 or amiegel@normans.com.au for assistance and advice in relation to Town Planning and Development Law, Environmental Law, Local Government and Administrative Law.



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Save the Date - 2015 Walking the Talk Seminar

Have your say.

Right Advice. Right When You Need It.
A timely update on important issues impacting your workplace.

Full Day Seminar - 10 April 2015
Crowne Plaza Adelaide

Have your say on what you want to hear at the 2015 Walking the talk Seminar.

Following our highly regarded 2014 event, the Norman Waterhouse Employment and Industrial Relations Team invites you to join them once again for a compelling and in-depth analysis of today's workplace issues.

Also, back by popular demand, our interactive Q&A session.

This is an invaluable learning experience for Chief Executive Officers, human resource professionals and senior managers across the State and Federal industrial regimes.

We encourage you to take the opportunity to shape discussions by submitting your topics of interest to marketing@normans.com.au.



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Local Government – State Government’s provisional views on reform of boards and committees

Earlier in the year, we highlighted that the State Government’s proposal to reform boards and committees may have implications for the Local Government sector.

The State Government has now produced the Boards and Committees: Interim Report (Interim Report – available here), which identifies certain boards and committees as warranting retention, merging, reclassification, reform, or abolition. This is not yet a final proposal. The Interim Report sets out provisional views only. Even once a final proposal (or part thereof) is reached, the reform will still not be complete without legislative measures to rescind or reform any statute-based boards and committees (and these will be subject to debate before Parliament).

Please click here to read more.



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Employment – Too many cooks spoil the dismissal

The decision to terminate the employment of an employee is a serious one. Such a decision, and the process behind it, must be sound and defensible and may be subject to scrutiny before a tribunal or court.

An employee who has been dismissed can assert that their employment was terminated for unlawful reasons. There are numerous laws under which a claim could be pursued, including unfair dismissal, equal opportunity and anti-discrimination laws. Where there are multiple persons involved in a decision to dismiss an employee and/or the chain of command is unclear, it may be difficult for an employer to properly demonstrate why an employee was dismissed.

Click here to read more.



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Development Control – Can a building application precede land division?

In the past, it was standard practice among council planning departments to encourage developers intending to subdivide a large residential allotment and construct additional dwellings to first seek development approval for the proposed buildings, and once approval had been obtained and building work commenced, then seek development approval to divide the land to create allotments which accommodated the buildings.

This approach was heavily criticised and effectively reversed in 2008 by the Supreme Court in City of Port Adelaide Enfield v Moseley [2008] SASC 88.

Please click here to read more.



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Property, Infrastructure & Development – Rights of way Part 2 – Rights and obligations

In our June Briefly, we considered rights of way and how they are created. This month, we examine some of the rights and obligations that exist once a right of way has been created.

Construction, maintenance and repair

Unless expressly agreed upon between the parties, the grant of a right of way does not create an obligation on the owner of the land over which a right of way has been granted (Landowner) to construct, maintain or repair the right of way.

Click here to read more.



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Local Government – ‘Street Preachers’ case now a leading nationwide authority in support of local government regulatory powers

The decision of the High Court early last year in Attorney-General (SA) v Corporation of the City of Adelaide (2013) 249 CLR 1 (Street Preachers Case) is proving to be a lasting and important precedent for local government authorities around the nation. That case provides for circumstances where a regulatory action which potentially restricts freedom of political communication is nevertheless valid.

Occupy Sydney

Less than two months after the decision in Street Preachers Case, it formed a central component of the City of Sydney’s success in a Federal Court action brought by the  ‘Occupy Sydney’ movement. That success was upheld by the Full Court of the Federal Court earlier this year.

Please click here to read more.



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Development Control – Are Aleppo pine trees ever protected?

The Minister’s “pest species” declaration under the Natural Resources Management Act 2004 was amended on 31 July 2014. The amendment means that Aleppo pine trees (Pinus halepensis) will never be ‘regulated’ or ‘significant’ trees under the Development Act 1993 unless specifically designated as a significant tree by a council Development Plan. Aleppo pine trees may continue to be heritage listed.

Click here to read more.



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The contents of this newsletter are for information only and
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