Local governments frequently deal with enforcement issues arising from the placement and storage of sea containers on land without approval.  A recent prosecution in the Magistrates Court affirmed the proposition that, unless it is incidental to an approved land...

The decision on 12 October 2018 by the WA Court of Appeal in Scutti v City of Wanneroo [2018] WASCA 175 has set alarm bells ringing for local governments and others about the potential for claims for compensation for injurious affection arising out of the provisions...

Introduction A recent decision of the Western Australian State Administrative Tribunal considered the question of whether structure plans could injuriously affect land and thereby give rise to compensation entitlements on the part of landowners. However the decision...

The decision of Chief Justice Wayne Martin on 16 December 2015 in the case Save Beeliar Wetlands (Inc) v Jacob [2015] WASC 482 (Save Beeliar Wetlands case) contains much useful discussion of the role of policy in administrative decision-making processes, which has...

The Western Australian Supreme Court has upheld the validity of conditions imposed on planning consents and extractive industry licences, under which an extractive industry proponent was required to pay a contribution calculated on the value of material extracted. In...

Western Australia’s planning laws do not recognise any right of an objector to a proposed development to institute review proceedings to challenge development approvals in the State Administrative Tribunal (SAT).  In the SAT, only an aggrieved applicant can seek...