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Council & regulatory

Your authority needs to make a sound statutory decision

An effective decision process begins with the power being exercised and the evidence needed to exercise it. We advise councils and public authorities on decision-making within our planning, environment, land and regulatory practice areas.

Jurisdiction
New South Wales
Page type
Issue overview
On this page

If you have received a decision or notice, a strict review or appeal period may already be running. Confirm it promptly and do not rely on an online enquiry.

This page may be relevant if:

  • Your authority is preparing a notice, order or regulatory decision
  • A delegation or decision-making procedure needs review
  • Representations or conflicting evidence raise legal questions

What this usually means

  • Identify the statutory power, its purpose and the person authorised to exercise it before settling the decision process.
  • The applicable legislation and circumstances determine procedural requirements. Required notices, representations and relevant considerations need to be addressed in the decision record.
  • A clear record should connect the evidence, statutory criteria and reasons. The availability of enforcement action does not make every proposed response appropriate.

What commonly matters

  1. Power and delegation

    Check the instrument conferring the power and any delegation, conditions or limits. Identify which steps require the decision-maker's own assessment.

  2. Evidence and fairness

    Separate established facts, disputed material and further enquiries. Plan any required opportunity to respond before finalising the decision.

  3. Reasons and implementation

    Record the actual basis for the decision and settle clear, workable terms. Consider service, compliance monitoring and potential review proceedings.

How we help

  • Advise on statutory powers, delegations and process
  • Review proposed notices, representations and decision records
  • Assess enforcement options and litigation risks

This page is general information only and is not legal advice. It may not be current, and how the law applies depends on the specific facts. For advice on your situation, contact Stone & Pillar Legal.

Where to start

Discuss public authority decision-making

Tell us which statutory decision or enforcement process needs legal input. We can discuss the proposed scope, decision timetable and conflict checks.

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30 minutes · Phone or Teams · No charge

Complimentary 30-minute preliminary call. No legal advice is provided. Neither booking nor the call engages the firm; we act only once we confirm in writing.

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