New Team Member
Norman Waterhouse welcomes Felice D'Agostino as a member of the its Local Government Team. Felice is working with Michael Kelledy principally in the areas of governance, policy advice, administrative law issues and statutory interpretation and advice.
Council Strikes Back Against Graffiti Vandal
The Onkaparinga Council has successfully sued graffiti vandals for the costs incurred by the Council in removing graffiti.
The Onkaparinga Council catalogues and stores photographes of graffiti vandals are complied. When a graffiti vandal is apprehended, the act of vandalism observed is then matched against the Council's records and a hand writing expert's report can be prepared linking the graffiti vandal with all of the vandalism perpetrated over a period of time throughout the area by that person. The Council is then able to obtain in a civil action an order from the Magistrates Court for the cost of removing all of the graffiti vandalism. The damages awards have been in excess of $5,000.
Dams Prescribed as Not Being Development
Schedule 3 of the Development Regulation specifies certain acts and activities in relation to land which are not development.
A recent amendment has been made to Schedule 3 making provision that certain dams do not constitute development. The new paragraph inserted into Schedule 3 provides:
"Dams
10. The excavation or filling (or excavation and filling) of land for the purposes of the dam, other than -
As a result, dams now generally do not require development approval, unless the dam is of a type, and in location set out in paragraphs (a), (b) or (c) above.
Review of Vegetation Clearance from Powerlines
Norman Waterhouse recently undertook a review of the management practices and legislation relating to vegetation management in WA, Queensland, NSW and Victoria. The review, for the South Australian Office of Energy Policy, involved an analysis of vegetation management legislation in those four states.
The review revealed some interesting approaches not only to the management of vegetation around powerlines, but also to the management of street trees generally. It also provides a useful background to the development in South Australia of vegetation clearance agreements between distributors (such as ETSA) and Councils. These agreements are intended to allow Councils to undertake the vegetation clearance duties of the distributors. They are most likely to be used where the prescribed minimum clearance standards are not considered appropriate by Councils for environmental, visual amenity or heritage reasons.
The draft vegetation clearance agreement prepared by Norman Waterhouse for the LGA and ETSA provides a useful draft framework for negotiating these agreements. Councils considering entering into such an agreement should seek advice, bearing in mind that the LGA's draft agreement is a starting point only.
IP Strategy
In years gone by if you were lucky enough to own something the public wanted to buy (Levi's, Coca-Cola, Microsoft) or bright enough to invent something worth patenting, you knew the value of IP - intellectual property.
Businesses today recognise that everyday they deal in, and produce, and use "IP" - theirs and others', and that protecting and defending it can be a necessary component of business discipline. IP is both an asset and a discipline. It is a pie which is valuable and vulnerable: a pie whose recipe can be duplicated, which can be sliced - for sharing (licensing), giving away (assigning) and be eaten (being pirated or infringed). It is also a necessary part of the business discipline - no less significant than management of human and financial resources.
Each strategy should be tailored depending on the item. Many questions will arise during the process of planning and strategic thinking. The question of IP management - like financial management - should be delegated to those who understand the marketplace and the legal and commercial environments in which the business operates or intends to expand into.
Oversights and neglect can be costly. Not planning for future needs can be disastrous.
Norman Waterhouse News
We are pleased to announce 2 new appointments. Sean Keenihan has been promoted to Senior Associate. Sean practices in our General Commercial and Asian Business areas and can be contacted on (61 8) 8210 1231 or via E-mail: skeenihan@normans.com.au.
Rosey Batt has joined the firm as a Partner in the Commercial section. Previously in sole practice, Rosey is highly qualified in the areas of commercial transactions, aviation law, international business and intellectual property and is an impressive addition to the firm. Rosey can be contacted on (61 8) 8210 1268 and via E-mail: rosey.batt@normans.com.au.
Video Guide for Local Government
We were recently asked to participate in the production of the "Norman Waterhouse Guide to Legal Issues Facing Local Government" by the Television Education Network. Topics on the videos include:
E-mail Briefly
We produce the following Briefly editions:
We would like to distribute Briefly editions via E-mail whenever possible. If you have an E-mail address and would like to receive Briefly editions via E-mail, please forward your E-mail address to Monique Micklethwaite mmicklethwaite@normans.com.au with details of which editions you are interested in.