Considering due diligence, skills and knowledge under the Food Act 2008
While there are many offences under the Food Act 2008 (WA) (Act) which are easily detectable and identifiable, especially by reference to the requirements of the Food Standards Code (FSC), there are a number of concepts which require a more fluid interpretation.
Tree canopy and deep soil area requirements in Western Australia
Achieving a greener future is an organisation-wide endeavour for local governments.
A new conduct regime for local government officials
Through the operation of recently proclaimed sections of the Local Government Legislation Amendment Act 2019 (WA), several new sections were added to the Local Government Act 1995 (WA) (LG Act) which impact significantly on control of the conduct of key officials in local government.
Need for Strata Company signature on Development Applications
From time to time local governments receive applications for development approval involving works on, or use of, common property in a strata scheme.
Have you got a heritage list
The case of Dain Pty Ltd v Shire of Peppermint Grove [2019] WASC 264 (Dain) concerned a challenge to the inclusion of a property in the heritage list kept pursuant to the Shire’s local planning scheme.
A sign of things to come: Electronic signatures in Western Australia
During such unprecedented and challenging times, we have witnessed the rising trend of work-from-home solutions, Zoom meetings and electronic transactions.
Local government decision makers under the new Work Health and Safety Act
The Western Australian Work Health and Safety Bill 2019 received assent on 10 November 2020, with the Work Health and Safety Act 2019 (WHS Act) due to come into operation in early 2021. Accordingly, organisations must now begin their transition to compliance with the provisions of the WHS Act.
1HY 2020: A master class from WASAT on planning conditions
The first half of 2020 was not marked by a particularly large number of published planning decisions for the WA State Administrative Tribunal, but a recurring theme in a majority of those that were handed down, was a focus on various principles surrounding conditions of planning approval.
Council involvement in local government administration: lessons from the Town of Cambridge case
The recent case of Town of Cambridge v The Hon David Templeman MLA, Minister for Local Government; Heritage; Culture and the Arts [2020] WASC 350 was notable in that it involved a successful challenge by a local government to an order of the Minister to peremptorily suspend a council under section 8.15C of the Local Government Act 1995.
Expansion of development approval exemptions under the deemed provisions
A significant number of uses including shops, small gyms and martial arts studios, restaurants, and some liquor premises are poised to become exempt in many circumstances from the requirement of development approval under planning reforms currently in consultation-draft stage.