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ARTICLE · 11 APRIL 2019

NSW Government Bulletin: Online access to development application plans

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Accessing copyright material which is part of development applications is frustrating for those who want online access.

AustraliaGovernment, Public Sector
Peter Holt
Peter Holt
Jeffery Shi
Jeffery Shi
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Online access to development application plans still a source of frustration

Amendments to the Environmental Planning and Assessment Act 1979 (the EP&A Act) in 2012 were designed to facilitate online access to plans and other information that form part of development consents.

Those changes extended the application of the express statutory licence to use that copyright material for the purposes of the Act.

This editorial examines the decision of the Civil and Administrative Tribunal of New South Wales (the Tribunal) in Sandy v Kiama Municipal Council [2019] NSWCATAD 49 (Sandy v KMC). 

In Sandy v KMC the Tribunal was required to determine whether the Copyright Act 1968 (Cth) (the Copyright Act) still prevented the Council from reproducing surveys and plans in responding to an application under Government Information (Public Access) Act 2009 (the GIPA Act).

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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