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Development Approvals - Local Government Act or Water Management Act?

Last Post 21/02/2025 4:27:04 PM by Riverina Water County Council. 1 reply.
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Development Approvals - Local Government Act or Water Management Act?

21-02-2025 03:45 PM
 
lorenzo.sposito@midcoast.nsw.gov.au
by lorenzo.sposito@midcoast.nsw.gov.au
Joined 25-11-2024 02:57 PM
Posts 5

I have a query regarding the relevant legislation for water and sewer approvals, rather than a technical issue. I'm with MidCoast Council (MCC), which also acts as the local water utility (LWU).

Historically, MCC has relied on Section 68 of the Local Government Act (LGA) for approvals, covering everything from small residential developments to large subdivisions. However, my interpretation of the legislation is that,
where connections already exist, LGA Section 68 should be used,
where new connections are required (e.g., new subdivisions, conversions to dual occupancy, or build-over-sewer scenarios), the Water Management Act (WMA) Sections 305, 306, and 307 should apply.

I’d appreciate insights from other councils on whether they also rely solely on the LGA or if they utilize the WMA for these approvals. Additionally, MCC is migrating to TechnologyOne CiA for internal systems, if any other councils use this platform, I’d love to hear how the process works for smoother integration as an LWU.

Thanks in advance for your input!

Re: Development Approvals - Local Government Act or Water Management Act?

21-02-2025 04:27 PM
 
Riverina Water County Council
by Riverina Water County Council
Joined 01-01-0001 12:00 AM
Posts 34
G'day Lorenzo.
Riverina Water County Council had a court ruling success that might offer some assistance regarding headworks contributions wrt Local Government Act and Water Management Act:
Link: https://lglegal.com.au/october-2015-case-law-councils-power-to-impose-development-servicing-charges/
Link: https://www.lindsaytaylorlawyers.com.au/in_focus/recovery-of-development-servicing-charges-as-a-fee-for-service-under-the-local-government-act-1993/
and a further update:
Link: https://www.lindsaytaylorlawyers.com.au/in_focus/update-recovery-of-development-servicing-charges-as-fees-for-service/
and summarised (from page 30): https://lec.nsw.gov.au/documents/newsletters/Newsletter%20-%20Volume%207%20Issue%203%20-%20October%202015.pdf
Kind Regards,
Jas
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