In the media – National
State governments relying more on stamp
duty
New data from the Housing Industry Association
(HIA) shows that the overall proportion of state
government revenue coming from stamp duty on property purchases is
the highest it has been for ten years. During 2015-16, stamp duty
accounted for 26.1 percent of total state tax revenues – the
highest share since 2008-09 (17 January 2018).
More...
Australia Day: Greens to use local council numbers to
lead #changethedate push
The Greens are planning to use their numbers in local governments
across the country to spearhead a push to move Australia Day,
following successful moves to cancel celebrations in several
council areas in Melbourne and Western Australia (15 January 2018).
More...
Surge in self-contained RVs presents tourism opportunity
for small towns
The Campervan and Motorhome Club of Australia
(CMCA) says towns that do not offer an alternative
to caravan parks for self-contained recreational vehicles will miss
out on their business. CEO of the Victorian Caravan Parks
Association, Elizabeth White, said councils offering low or no-cost
areas for self-contained RVs "did not concern them in the
least" as long as they were located away from existing caravan
parks (13 January 2018).
More...
An investigation into a South Australian country mayor finds while he inappropriately used his business card in dealings during a taxpayer-funded trip to China, his mistakes were "not serious enough for a finding of misconduct" (12 January 2018). More...
Cabinet reshuffle means new Local Government
Minister
In the shadow of Christmas. Australia had a reshuffle of its
Federal Government ministries. The process saw a new Minister for
Local Government, Queenslander John McVeigh (05 January 2018).
More...
In the media – Queensland
Tangalooma's island paradise becomes a
'nightmare' for some property owners
Property owners on Moreton Island break their silence about a
"David and Goliath" dispute with the island's
management, which they say is threatening to send some of them
broke (21 January 2018).
More...
East Coomera koala population faces further loss of
habitat
Head of the City Planning committee, who conducted the report, Gold
Coast councillor Cameron Caldwell said they were investigating as
to whether there was "suitable land in the area" and the
State Government said they would be willing to work with councils.
(18 January 2018).
More...
Hundreds of Mount Isa children questioned in police
crackdown
Children have been stopped 500 times in three weeks as part of a
new operation to reduce property crime, but police concede it's
only about 20 who are committing most of the offences (17 January
2018).
More...
Treated sewage used to trial biofuels, boost northern
development
With about a megalitre of sewage flowing from the toilets of
Cloncurry every day, the local council has built a new trial site
for biofuel plants (15 January 2018).
More...
In the media – Victoria
Heritage Victoria: Living Heritage Grants
Program
Heritage Victoria is delivering regional information sessions in
November as part of the Living Heritage Grants Program, an
initiative of the State Government to support the repair and
conservation of 'at risk' heritage places and objects
included in the Victorian Heritage Register. The third
round of the community heritage grants program open on 1 February
2018.
More...
Heritage Council Local Government Forum
The Heritage Council of Victoria is inviting all heritage advisors
and consultants, strategic and statutory planners to its
Local Government Forum on 23 February. The forum's theme is
Celebrating Heritage Differently – The Heritage Journey
beyond protection. Bookings are essential, please register via email (18
January 2018).
Whole Government response to major hazard facilities
released
A Whole of Government Response, released on 10 January 2018 broadly
supports the 17 recommendations detailed in the
Major Hazard Facilities Advisory Committee Report submitted to
the Minister for Planning on 19 July 2016. The recommendations -
developed in consultation with industry, councils and community
members - ensure the right planning framework is in place, that
supports community safety and comfort, while providing certainty
for industries (11 January 2018).
In the media – New South Wales
$17 Million available for Public Reserves
Minister for Lands Paul Toole has announced $17 million will be
available in the next round of the NSW Government's Public
Reserves Management Fund program. Mr Toole said the program
supports a wide range of activities that help maintain, protect and
improve Crown reserves (15 January 2018).
More...
New Sydney Planning Panel Chairs
announced
Community and business leaders have been appointed to Chair the
Sydney Planning Panels to help build on their strengths to make
decisions on major development proposals (15 January 2018).
More...
Council attacks NSW Government over food inspection
responsibilities
One of NSW's largest local government authorities has
criticised the state government for its plans to force councils to
inspect home-based food businesses (04 January 2018).
More...
In Practice and Courts
Call for Motions for 2018 National General
Assembly
The ALGA is now calling for Notices of Motions for the 2018
National General Assembly (NGA). To assist
councils identify motions that address the theme of the National
General Assembly, ALGA has prepared a short discussion paper. Click
here to open the Discussion Paper. Motions need to be lodged by
Friday 30 March using the online form
here.
A flash flood advisory service for
councils
The Bureau of Meteorology (BOM) is promoting a
recently developed advisory service intended to support Local
Government and other agencies develop fit-for-purpose flash flood
warning systems. The Flash Flood Advisory Resource
(FLARE) is a registered-user website and telephone
and email advisory service. For more information, and to register
for FLARE, go the Bureau's
website.
Closing the Gap Agenda
Closing the Gap agenda has begun with the release of a Council of
Australian Governments (COAG) discussion paper to
support ongoing consultations. More sessions are scheduled across
the country in coming months in 2018. Submissions close 5pm 31
March. More...
Applying for Heavy Vehicle Safety and Productivity
Program funding: proposals
On 15 December 2017, the Minister for Infrastructure and Transport,
the Hon Darren Chester MP, announced that
Round Six of the HVSPP was open for proposals from 15 December
2017 to 30 March 2018. State, territory and local governments are
eligible to apply for funding for projects that will upgrade road
infrastructure to improve heavy vehicle safety and freight
efficiency.
More...
Applications for funding: Round Six of the Heavy Vehicle
Safety and Productivity Program (HVSPP)
Local Government, as well as the state and territory governments
may apply for funding, with the Federal government contributing up
to 50 per cent of the total project cost to successful projects, up
to a maximum of $5 million. About $98 million will be provided
Round Six funding. Proposals will be accepted up to 30 March 2018.
More...
Regulatory Reform Summit 2018
The Regulatory Reform Summit 2018 seeks to cover the most topical
and timely of trends in regulatory transformation and provide
solutions to common regulatory struggles. The conference aims to
help policy makers solve the jigsaw policy that is re-regulation -
creating smarter, simpler, more responsive and technologically
integrated regulation. Hear from 30+ leading government
departments.
More...
Round Two: Commonwealth's Building Better Regions
Fund
Applications from councils and not-for-profit organisations are now
being accepted for Round Two of the Commonwealth's Building
Better Regions Fund. A second funding round is expected to open for
applications in the first half of 2018.
More...
Consultation: Regulation Impact Statement on options to
phase out PFOS chemicals
The Department of the Environment and Energy has released a
consultation
Regulation Impact Statement on options to phase out PFOS
chemicals nationwide. The Department is holding a number of public
sessions from 10 November. The public comment period closes on 26
February 2018.
More...
Queensland
Queensland Government Gazette of 2018
Gazettal of the making of local laws by the following councils:
Opt in to receive land valuation information by
e-mail
Queensland landowners are being encouraged to receive their
statutory land valuation notice and other valuation information by
email (05 January 2018).
More...
Queensland Government's Disaster management funding
2017
Additional disaster funding is being provided to communities and
primary producers affected by recent heavy rains in the Bundaberg,
Gladstone and North Burnett regions of coastal Queensland. Federal
funding will also be provided to help the Queensland state
government and local councils manage disaster operations and
restore damaged community infrastructure. Information on disaster
assistance can be found on the Australian Government's Disaster
Assist website and
the Queensland Government's Disaster management website.
Victoria
Rate cap: On 21 December, the Minister for Local Government announced a rate cap of 2.25 per cent for councils in 2018/19. The cap has been set in accordance with the advice received by the Minister from the Essential Services Commission and the updated forecast Consumer Price Index. The MAV continues to seek a model that more appropriately reflects council input costs to deliver services, as well as flexibility to reflect
E-waste landfill ban consultation papers
The Victorian Government is seeking feedback on its proposed
approach to managing e-waste in Victoria. The introduction of a ban
on e-waste from landfill was an election commitment of the
government. A Policy
Impact Assessment (PIA) and two draft waste
management policies have been released for public consultation.
A summary of
the PIA and of the proposed
policy package have also been published. Given the direct
impact of the proposed changes on local government, the MAV is
intending to make a submission.
New South Wales
Regional Joint Organisations
Interested rural and regional councils have until 28 February 2018
to submit nominations to form joint organisations to the NSW
Government. The Local Government Amendment (Regional Joint
Organisations) Act 2017 commenced on 15 December 2017 allowing
councils to voluntarily join new Joint Organisations
(JOs) in their planning region. By 28 February
2018, Submit
your nomination via email. Include the resolution and a
completed
Forming a Joint Organisation – checklist. The JO network
and funding allocations will be announced in March.
Easy to do Business Outdoor Dining Trial
commences
Dates Trial: 4 September 2017 to 30 June 2018; Consultation closes:
19 January 2018
Councils are invited to take part in a NSW Outdoor Dining Trial
being conducted by Service NSW and the Office of the NSW Small
Business Commissioner. The NSW Government's Interim Outdoor
Dining Policy (part of the Easy to do Business initiative) enables
eligible cafes, restaurants and food -based businesses to have
outdoor dining applications approved in two business days through a
self-assessment process. More...
Cases
Bass Coast Council v Hollole [2017] VSC 803
JUDGMENTS ORDERS AND DECLARATIONS - Application for declaration in
default of defence - Declaration sought on deemed admissions -
Absence of contradictor - Whether declaration ought be made -
Supreme Court (General Civil Procedure Rules) 2015, r
21.04 - The declaration classified the combined roadway as a
'rural lane'. As a result of the declaration, the rural
lane became a public road for the purposes of the Road Management
Act, and also became a 'road' within the meaning of the
Local Government Act. These events resulted in giving the defendant
the power to remove any obstructions placed on the rural lane under
powers in the Local Government Act, including powers to carry out
any work to remove obstructions on the rural lane.
Victorian Electoral Commission v Municipal Electoral Tribunal
[2017] VSC 791
ELECTIONS – Duty and powers of Victorian Electoral Commission
– Commission's powers and responsibilities –
Register of electors – Objections to enrolment –
Principal place of residence – Electoral Act 2002
(Vic) ss 21, 22(1), 23, 26, 27, 38(4), 42(1), 138.
LOCAL GOVERNMENT – Local government elections –
Residency entitlement to stand for election as a councillor –
Whether candidate can only nominate in the ward in which the
candidate resides – Entitlement to vote in municipal
elections – Conclusivity of register of electors –
Objection not sustained – Local Government Act 1989
(Vic) ss 11-15, 28(1), 28(1AA), 45, sch 2 cl 6(3A).
JUDICIAL REVIEW – Appeal on questions of law from decision
of Victorian Civil and Administrative Tribunal on appeal from
Municipal Electoral Tribunal – Victorian Civil and
Administrative Tribunal Act 1998 (Vic) s 148.
Mailey v Sutherland Shire Council [2017] NSWCA
343
BUILDING CONTROL – order to do work to place land in safe
condition – retaining wall at imminent risk of collapse
– retaining wall straddling common boundary – power to
issue order – whether lower land not in safe condition
– whether order can require work on upper land owned by
another person – if any part of order invalid, whether
severable – whether order uncertain – whether order
issued for improper purpose – order not invalid in ways
challenged – claim for compensation if order invalid –
source of power to award compensation.
Access to Neighbouring Land Act 2000; Conveyancing Act
1919 s 177; Environmental Planning and Assessment Act
1979 s 121B; Environmental Planning and Assessment
Regulation 2000 cl 98E; Interpretation Act 1987 ss 3,
32; Local Government Act 1993 ss 124, 129, 136, 137, 138A,
180, 181, 676.
The Mount Isa Irish Association Friendly Society Ltd v Mount Isa
City Council [2017] QSC 316
ADMINISTRATIVE LAW – JUDICIAL REVIEW – ERROR OF LAW
– LOCAL GOVERNMENT – ORDINANCES, REGULATIONS, BY-LAWS
AND LOCAL LAWS – VALIDITY – POWER TO MAKE –
PARTICULAR ORDINANCES, REGULATIONS, BY-LAWS AND LOCAL LAWS –
where the councillors of the respondent held a special meeting and
resolved to levy utility charges for water – where the
respondent issued rates notices to the applicant charging the
applicant for utility charges for water in respect of rateable land
owned by the applicant pursuant to s 94 of the Local Government
Act 2009 (Qld) and s 101(1) of the Local Government
Regulation 2012 (Qld) – where the utility charges were
not a 2-part charge – where the utility charges were worked
out as comprising a fixed amount calculated in accordance with a
number of units which were allocated in accordance with the use, or
uses, to which the particular parcel of rateable land was being put
– whether the respondent's utility charges were charged
wholly according to the water used under s 101(1)(a) Local
Government Regulation 2012 (Qld) – whether the utility
charges are invalid.
Acts Interpretation Act 1958 (Qld) s 14D; Local
Government Act 2009 (Qld) ss 3, 4, 94; Local Government
Regulation 2009 (Qld) ss 41, 99, 101.
Denshire v Roads and Maritime Services [2017] NSWLEC
181
COMPULSORY ACQUISITION – compensation payable for acquisition
of part of land for highway upgrade – market value and
disturbance agreed –residential subdivision potential of land
part of market value – option to develop residential
subdivision by applicant's father and third party did not
amount to special value to applicant – no special value in
addition to market value.
Clarence Valley Local Environmental Plan 2011; Environmental
Planning and Assessment Act 1979 s 96; Land and
Environment Court Act 1979 ss 19, 63; Land Acquisition
(Just Terms Compensation) Act 1991 ss 54, 55, 57, 66;
Maclean Local Environmental Plan 2001.
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.
