Upcoming new requirements for selling and leasing property

The law is like a living instrument, constantly adapting to the needs of society at the time.

This remains true for laws regulating the sale and leasing of residential property.

Swimming pools

Under the Swimming Pools Act 1992 No. 49 (NSW) (Act), as at 29 April 2016, all properties with swimming pools are required to be sold with a valid swimming pool certificate of compliance and a certificate of registration. These certificates must be included in the contract for sale.

In addition, landlords and real estate agents must ensure that a valid swimming pool certificate of compliance and certificate of registration are provided with any residential tenancy agreement.

These provisions relate to in-ground and above-ground swimming pools as well as spa pools. The Act is reasonably broad to encompass the variety of swimming pool designs available.

A swimming pool certificate of compliance will remain valid for 3 years from date of issue unless the local authority directs an owner of the swimming pool to take measures to ensure the swimming pool or premises comply with requirements under the Act. An owner of the swimming pool will need to have the pool inspected by a local authority or an accredited private certifier to obtain the certificate.

The certificate of registration is more straight forward. Further information can be obtained by visiting http://www.swimmingpoolregister.nsw.gov.au/.

If you are thinking of selling and leasing out your property, act now to obtain the required certificates.

Loose-fill asbestos insulation

There will soon be further amendments to legislation in relation to loose-fill asbestos insulation.

Loose-fill asbestos insulation is raw crushed asbestos used as insulation in ceiling spaces during the 1960s and 1970s. The crushed, fine nature of these asbestos fibres pose significant health risks as they can be easily disturbed and inhaled.

In 2015 the Home Building Act 1989 (NSW) was amended to allow the creation of the loose-fill asbestos insulation register. To make this amendment meaningful, further amendments have to be made to other various pieces of legislation including regulations.

These further amendments appear to be primarily for the purpose of notifying prospective tenants and purchasers of residential property when a property is listed on the loose-fill asbestos insulation register.

It is anticipated that the Residential Tenancies Regulation 2010 (NSW) will be amended to make a property’s listing on the loose-fill asbestos insulation register a material fact that has to be disclosed to prospective tenant. Further, it is likely that the standard residential tenancy agreement form will be amended to deal with the loose-fill asbestos insulation register.

In regard to selling a property, it is likely that the Environmental Planning and Assessment Regulation 2000 (NSW) will be amended to make Section 149 certificates issued by Council state whether a property is listed on the loose-fill asbestos insulation register.

For further information, please contact Kim Glassborow (Principal Lawyer) on M: 0481 287 528 or Katherine Edwards (Lawyer) on M: 0401 175 934.

 

 

G&B Lawyers

Office: Suite 1, Level 1, 229 Macquarie Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528 | 0401 175 934

E: info@gandblawyers.com.au | kglassborow@gandblawyers.com.au

W: www.gandblawyers.com.au

 

 

Property & Projects team

G&B Lawyers are experts in getting Development Consents and property development.

Did you know that if Council refuses a Development Application (DA) you have a right of appeal to the Land & Environment Court.

Appealing your DA also includes DAs which have not been resolved by Council within a reasonable length of time.

The Land & Environment Court is a specialist court designed to hear and determine DA appeals involving all different types of development projects e.g. residential / commercial / industrial developments, childcare centres, retirement villages and waste depots (to name a few).

These DA appeals are not heard by Judges but specialist Commissioners who have practical experience with developments. 

Normally specialist lawyers appear for the parties to resolve the issues and run the hearing. 

In DA appeals you only have to pay your own lawyers fees, if you lose the appeal, who are not up for the winning side's legal fees.  In other courts, (Supreme & District) if you lose you will have to pay the other side's legal bill.  The rule in the Land & Environment Court is that each party pays their own legal costs.

G&B Lawyers has over 10 years experience in running DA appeals in the Land & Environment Court.

We have run all sorts of appeals, childcare centres, retirement villages, major commercial developments, residential flat buildings, recycling waste facilities, landfills, hotels / pubs, churches, shop top housing, hobby farm developments and horse training facilities to name a few.

Contact the team at G&B Lawyers for a obligation-free chat on 0481 287 528.

 

Office: Suite 1, Level 1, 229 Macquarie Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

 

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

 

 

Recent Land & Environment Court waste judgment of interest

Water NSW v Faulkner [2016] NSWLEC 17

On 11 March 2016 Chief Justice Preston of the New South Wales Land and Environment Court (LEC) handed down his judgement in Water NSW v Faulkner [2016] NSWLEC 17.

Administrative Issues

The LEC heard two administrative issues on i) whether the LEC had the jurisdiction to hear the matter and ii) whether Water NSW was empowered under the POEO Act to prosecute.

Both questions were answered by Preston CJ in the affirmative.

Background and Charges

Mr Faulkner was a garbage truck driver, employed by “Highland Tip Trips”. It was alleged that Mr Faulkner deposited waste in bushland off Rowlands Road at Kangaloon, in a catchment area (special area).

Mr Faulkner was charged with committing four offences under the Sydney Water Catchment Management Regulation 2008 (NSW) as follows:

1)    A person must not bring or leave any waste to a special area;

2)    A person must not enter or remain on land in a special area where a sign or notice has been erected requiring persons not to enter or remain on the land;

3)    A person must not drive a vehicle on special areas; and

4)    A person must not drive, ride or be a passenger in or on any vehicle, or damage or remove any plant or part of a plant on a special area.

Mr Faulkner was also charged with one offence under the Protection of the Environment Operations Act 1997 (NSW) for unlawfully transporting and depositing waste on land in a catchment area.

Mr Faulkner pleaded not guilty to all charges.

It was agreed between the parties that the evidence established that waste had been disposed of in the special area and that this area could not lawfully be used as a waste facility for that waste.

The critical question of the case whether it was Mr Faulkner who deposited the waste in the special area.

Prosecution’s Case

In order to succeed, the Prosecution had to prove their case beyond reasonable doubt (criminal standard). The Prosecution’s case was based on circumstantial evidence that drew the conclusion that Mr Faulkner was the only person who could have deposited the waste.

Mr Faulkner’s Defence

Mr Faulkner told the court that the truck he was driving at the time the offence was alleged to have occurred was defective, in that the rear door came open during waste collection allowing rubbish to fall off the truck. The person who reported the rubbish noted that the waste was strewn over the road not far from the pile of waste. Mr Faulkner submitted that the rubbish may have fallen off the back of his truck may have been collected by another person and deposited onto the waste pile.

Mr Faulkner also submitted evidence of a telephone call that he made reporting the defective rear door to a more senior employee as soon as he was made aware of it.

Findings

Preston CJ found that the Prosecution had not proved their case beyond reasonable doubt and accepted that the waste may have been deposited by a two-step process (i.e. falling of the back of Mr Faulkner’s truck and then being collected by another for deposit on the waste pile.)

Preston CJ dismissed all charges against Mr Faulkner.

Take home message

It is important to ensure that waste vehicles are maintained and fit for purpose at all times. Waste transport companies should also ensure that waste vehicle drivers are instructed on what their obligations under environment protection legislation are and what are the appropriate actions to take if they find their truck is defective.

Are your management plans and training manuals up to date?

Please follow the link below to the judgement.

https://www.caselaw.nsw.gov.au/decision/56e0fedde4b05f2c4f04bcc0

If you require assistance contact: 

Kim Glassborow - Principal Lawyer on M: 0481 287 528 or kglassborow@gandblawyers.com.au;  

Katherine Edwards - Lawyer on M: 0401 175 934 or kedwards@gandblawyers.com.au.

 

 

Conveyancing at G&B Lawyers

The team at G&B Lawyers can assist with the buying or selling of property at competitive fixed price.

We will handle all parts of your conveyance to ensure that everything runs smoothly, attend settlement and report to you every step of the way.

We can also assist First Home Buyers with all the paperwork (if eligible for the First Home Buyers Grant).

We fix our legal fees to ensure that you know exactly what you have to pay at the end of the matter.

Contact the Principal Lawyer of G&B Lawyers Kim Glassborow on M: 0481 287 528 for a quote.

G&B Lawyers

 

Office: Suite 1, Level 1, 229 Macquarie Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528 | 0401 175 934

E: info@gandblawyers.com.au | kglassborow@gandblawyers.com.au

W: www.gandblawyers.com.au

 

Kim Glassborow of G&B Lawyers - Leading lawyer in waste management

The Principal of G&B Lawyers, Kim Glassborow is a specialist planning & environmental lawyer who has spent years dealing with various different government agencies (EPA, local councils & Department of Planning & Infrastructure) and has a wealth of experience in the NSW waste management sector.

She presently advises many waste recycling companies on their legislative compliance and work, health and safety issues.

Kim advises developers and industry on issues relating to town planning, contaminated land, hazardous materials, environmental licensing, waste management and regulation, supply chain compliance and pollution incidents.

Kim also assists clients to obtain development and environmental licences and approvals, manage on-going environmental compliance, environmental incidents and all aspects of Land and Environment Court litigation.

Kim has been retained by the Waste Contractors & Recyclers Association of NSW in 2016 to provide specialist legal advice to the Association and its members. 

She is regarded as a leading expert in waste law and has practical experience having worked in-house for a large recycling / landfilling Sydney company.

G&B Lawyers

Office: Suite 1, Level 1, 229 Macquarie Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001
M: 0481 287 528
E: info@gandblawyers.com.au | kglassborow@gandblawyers.com.au W: www.gandblawyers.com.au

Property development at G&B Lawyers

G&B Lawyers are experts in getting Development Consents and property development. 

Did you know that if Council refuses a Development Application (DA) you have a right of appeal to the Land & Environment Court. 

Appealing your DA also includes DAs which have not been resolved by Council within a reasonable length of time. 

The Land & Environment Court is a specialist court designed to hear and determine DA appeals involving all different types of development projects e.g. residential / commercial / industrial developments, childcare centres, retirement villages and waste depots (to name a few). 

These DA appeals are not heard by Judges but specialist Commissioners who have practical experience with developments.  

Normally specialist lawyers appear for the parties to resolve the issues and run the hearing.  

In DA appeals you only have to pay your own lawyers fees, if you lose the appeal, who are not up for the winning side's legal fees.  In other courts, (Supreme & District) if you lose you will have to pay the other side's legal bill.  The rule in the Land & Environment Court is that each party pays their own legal costs. 

G&B Lawyers has 10 years experience in running DA appeals in the Land & Environment Court. 

We have run all sorts of appeals, childcare centres, retirement villages, major commercial developments, residential flat buildings, recycling waste facilities, landfills, hotels / pubs, churches, shop top housing, hobby farm developments and horse training facilities to name a few. 

Contact the team at G&B Lawyers for a obligation-free chat on 0481 287 528.

Office: Suite 1, Level 1, 229 Macquarie Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528

E: info@gandblawyers.com.au

W: www.gandblawyers.com.au

Conveyancing at G&B Lawyers

The team at G&B Lawyers can assist with the buying or selling of property at competitive fixed price.

We will handle all parts of your conveyance to ensure that everything runs smoothly, attend settlement and report to you every step of the way.

We can also assist First Home Buyers with all the paperwork (if eligible for the First Home Buyers Grant).

We fix our legal fees to ensure that you know exactly what you have to pay at the end of the matter.

Contact the Principal of G&B Lawyers Kim Glassborow on 0481 287 528 for a quote.

G&B Lawyers

Office: Suite 1, Level 1, 229 Macquarie Street, Sydney, NSW 2000

Mail: GPO Box 1849, Sydney, NSW 2001

M: 0481 287 528 | 0401 175 934

E: info@gandblawyers.com.au | kglassborow@gandblawyers.com.au

W: www.gandblawyers.com.au