In the media – National
Size no obstacle to innovation for water bodies:
report
State and local government water utilities are turning to
new technology and partnerships with private and community groups
to meet supply challenges arising from population growth and
climate change. That's according to an analysis of Australian
water utilities by the Cooperative Research Centre for Water
Sensitive Cities, which concludes that agencies are "taking
proactive steps" to meet future challenges (20 April 2018).
More...
RAI breaks down latest OECD report on regional
development policy-making
The Organisation for Economic Co-operation and
Development (OECD) recently published a report,
Rethinking Regional Development Policy-making, which
takes stock of discussions held between academics and country
practitioners during a series of seminars organised in 2017 that
focused on opportunities to improve the design and delivery of
regional development policies (27 April 2018).
More...
Pledge to make packaging 'reusable, combustible, or
recyclable' by 2025
The Government strikes a deal with states and territories
to address Australia's mounting waste burden, with Environment
Minister Josh Frydenberg confident "important" progress
has been made (27 April 2018).
More...
Recycling 'not dead in the water' but rethink
needed to stay afloat in wake of China ban
Last week, Ipswich City Council declared all its rubbish
would go to landfill after the high rate of contaminated materials
threatened to blow out the cost of recycling and also China's
import ban on recycled waste. The council later reversed the
decision, but the issue prompted a nationwide rethink of the
viability of existing recycling schemes (26 April 2018).
More...
Initiative to provide 'policy playbook' on
regional Australia
Adapting to a changing local economy, ensuring jobs in
the future and balancing urban and regional population growth are
the three initial priorities of a new research program from
Regional Australia Institute that has been endorsed by state and
territory governments (24 April 2018).
More...
In the media – Queensland
LGAQ: Queensland councils vote for zero waste to
landfill by 2028
The Council supports the State Government's recent
commitment to consider zero waste and waste to energy strategies
(27 April 2018).
More...
Burdekin scores funding to battle impacts of climate
change
The Palaszczuk Government has is providing funding to
help Burdekin Shire Council to prepare its coastal communities for
the impact of climate change. Burdekin Shire Council joins 24
others that have already been awarded funding. It is available to
all coastal councils (23 April 2018).
More...
Bundaberg to get $451,000 to prepare for climate
change
Bundaberg's coastal communities will be better
prepared for the impacts of rising sea levels, storm tides and
erosion as a result of a $451,000 grant from the Palaszczuk
Government. This grant, which will fund the completion of the
council's coastal hazard adaptation strategy, is drawn from a
$12 million QCoast2100 fund established to prepare our coastal
communities for emerging threats (23 April 2018).
More...
Council backflips on recycling dump, wants fewer pizza
boxes in yellow bins
The Mayor of Ipswich, west of Brisbane, says the Council
will reverse its decision to send the city's recycling to the
tip, but asks residents to pitch in by keeping unrecyclable waste
out of their yellow-lid bins (21 April 2018).
More...
'Outback opera house' or 'mud hut': New
$22m Waltzing Matilda Centre opens
The outback Queensland town of Winton is rising from the
ashes with its key tourist attraction, now rebuilt after going up
in flames three years ago. But not everyone is happy with the
unique design (20 April 2018).
More...
'FIFO Mayor' of Ararat Glenda McLean resigns
amid intense public pressure
A regional Victorian councillor has announced she will
resign as Mayor and from the council after earlier proposing to
continue in the roles while working full-time in western Queensland
(19 April 2018).
More...
Recycling centre employing people with disabilities
fears for jobs amid import ban
A Bundaberg recycling centre that employs 27 people with
disabilities says jobs are on the line because it cannot find a
buyer for its product, including 100 tonnes of soft plastic that is
now headed for landfill (19 April 2018).
More...
Recycling will be dumped by councils nationwide as costs
blow out: experts
Councils across Australia will follow the city of Ipswich
in scrapping their recycling programs because ratepayers won't
cop higher rates as the cost continues to rise, the Local
Government Association of Queensland warns (19 April 2018).
More...
Queensland to act now on waste
The Palaszczuk Government has announced that they will
work together with councils and industry on a zero-waste future (19
April 2018).
More...
Queensland city scraps kerbside recycling as China ban
bites
The Ipswich City Council says China's import ban on
recycling and the rising level of contaminated rubbish in yellow
bins means it's too costly to recycle properly, so all its
recycling will go straight to landfill (18 April 2018).
More...
Industry responds to Sunshine Coast Local Government
Infrastructure Plan
The Property Council has responded to a proposed
amendment to the Sunshine Coast Planning Scheme 2014, to
incorporate a new Local Government Infrastructure Plan. The
Property Council outlined a desire to pursue other opportunities to
incentivise or encourage urban infill where spare network capacity
exists, similar to recent incentives put in place for Nambour and
Caloundra (19 April 2018).
More...
CCCC Prosecutions: Two people charged with Official
Corruption
A 66-year-old Springfield man and a 51-year-old
Springfield woman were each served today with a Notice to Appear in
Court following an ongoing Crime and Corruption Commission
investigation (18 April 2018).
More...
Corruption watchdog hits former Ipswich council CEO and
wife with more charges
Queensland's Crime and Corruption Commission levels
more charges against former Ipswich City Council CEO Carl Wulff and
his wife Sharon Oxenbridge, alleging they received 20 corrupt
payments in 2012 and 2013 (18 April 2018).
More...
Locals invited to have their say on solar farm
development guidelines
Bundaberg locals are invited to have their say on new
guidelines that will guide the sustainable development of
Queensland's solar farm boom. With 16 large-scale solar farms
under construction across the state and another 40-plus potentials,
specific planning guidelines would help the development,
construction and approval process (17 April 2018).
More...
Central Queensland community left powerless after mining
road blast
A community is left powerless after a routine Anglo
American mining blast leaves a 90-metre-deep crack in the road, now
deemed unfixable (16 April 2018).
More...
In the media – Victoria
Environment Ministers' statement must be backed with
investment and action
The Municipal Association of Victoria
(MAV) has welcomed commitments from Commonwealth
and State Environment Ministers to address the current recycling
challenges. At the local level, the MAV anticipates many councils
will have to increase their waste charges to cover a rise in
recycling contract costs from 1 July (27 April 2018).
More...
The MAV welcomes a Victorian Government
announcement
As noted in our
response to the `Managing e-waste in Victoria' policy impact
assessment and subsequent advocacy, by delaying introduction of
the ban the Government provides state agencies, industry and local
government with the opportunity to put in place the infrastructure,
market conditions and community education that is needed to give
the ban its best chance of success. Introducing the ban in July
2018 as originally intended risked overburdening an already fragile
recycling system.
$1 a week — that's how much the recycling
crisis could cost ratepayers
Victorian homeowners will ultimately bear the brunt of
China's decision to ban foreign waste, with the state's
peak local government body estimating ratepayers will be stung an
extra $60 a year to cover recycling costs (21 April 2018).
More...
How a country mayor still has her job while she works
2,500km away
A regional Victorian 'fly-in-fly-out' mayor who
works interstate, refuses to step down despite her colleagues
calling for her to resign (18 April 2018).
More...
Victorian Ombudsman report on waste management
The Victorian Ombudsman this week
released a report on the use of waste management charges by the
City of Wodonga. The Ombudsman recommended that the council reduce
its waste management charge to only recover the reasonable costs of
collection/disposal of refuse; and also recommended that Local
Government Victoria consider amending section 162 of the Local
Government Act to require that charges for the collection and
disposal of refuse reflect the reasonable cost of providing that
service. A response from Wodonga City Council is
available online (27 April 2018).
VPA: Call for Strategic Sites
In the coming weeks, the Victorian Planning Authority
(VPA) will be considering strategic sites that the
Minister for Planning Richard Wynne MP can incorporate into
VPA's 2018/19 work program or beyond (April 2018).
More...
March 2018 water price review
The ESC have released their March draft decisions as part
of the 2018 water price review, covering Barwon Water, Central
Highlands Water, City West Water, Coliban Water, Gippsland Water,
Goulburn Valley Water, GWMWater, Lower Murray Water urban and rural
services, North East Water, Southern Rural Water and Wannon Water.
These draft decisions and supporting materials are available on the
engagement platform, Engage Victoria. Comment on draft
decisions until 8 May 2018.
More...
In the media – New South Wales
Financial sustainability must be focus of Federal
Budget, says local government
A significant and sustained funding boost for local
governments to provide infrastructure for their local communities
must be the primary focus of the upcoming Federal Budget if
Australia is to boost national productivity, Local Government NSW
(LGNSW) said today (24 April 2018).
More...
Affordable housing scheme extended to five more
councils
The NSW Government has extended a successful housing
scheme to five more Sydney councils, to encourage the development
of affordable housing (20 April 2018).
More...
Low cost infrastructure loans welcomed by local
government
Local Government NSW has welcomed the NSW
Government's Low Cost Loans Initiative announced today and
called for it to be extended to all councils. The scheme allows
councils to borrow money from TCorp, at a subsidised cost, for
infrastructure that supports new housing supply. Under the
initiative the NSW Government will refund 50% of the cost of
council's interest payments on loans that enable housing
developments to proceed – such as roads, sports fields,
community centres, drainage, playgrounds, or land acquisition (17
April 2018).
More...
In Practice and Courts
Open Government open for report
A report into the first year of Australia's first
Open Government National Action Plan 2016–18 has
found that substantial progress has been made. The Open Government
Partnership (OGP) objective, used third-party
indicators to determine the extent of country progress on each of
the criteria: fiscal transparency, public officials' asset
disclosure, citizen engagement, and access to information (16 April
2018).
More...
OAIC Key dates
Australian Government Agencies Privacy Code - Commences 1 July
2018.
Australia 2021 Census – Have Your Say
The Australian Bureau of Statistics
(ABS) is reviewing
information in the 2021 Census of Population and Housing to
ensure the data collected will meet Australia's needs to inform
decisions made by governments, community organisations, businesses
and individuals. A public
consultation has been launched and councils are encouraged to
make a
submission before the 30 June closing date.
Fire Australia 2018, 1-3 May, Brisbane Convention and
Exhibition Centre
Local Government representatives involved in facility
management, building compliance including building inspectors,
building surveyors and building certifiers, would find Fire
Australia 2018 of interest, particularly the presentations on the
NFPA cladding risk assessment tool, fire system maintenance and
baseline data. Fire Australia is run by FPA Australia, the peak
industry body for fire safety and protection. More...
National General Assembly (NGA) of Local Government
2018
The National General Assembly (NGA) of
Local Government is the peak annual event for local government,
attracting in excess of 800 mayors and councillors each year. This
year's event takes place at the National Convention Centre in
Canberra from 17 - 20 June. Registrations are available
online.. A
discussion paper is available to provide guidance to councils
for the development of Motions for debate.
LG Professionals Australia's National Congress and
Business Expo 2018
The LG Professionals Australia National Congress 2018
will be held in Canberra, 22-24 August, at the Canberra Rex Hotel.
More...
Local Government Regulation & Compliance
Conference
24 - 25 July 2018, Sydney - The national conference will
examine strategic approaches to regulatory compliance. Strategies
will be evaluated and successes measured. The forum will provide a
platform to discuss how the sector as a whole can strive for
consistency. High-level strategic themes will be tackled so that
lessons can be applied across all compliance divisions within local
government. More...
Queensland
LGAQ Consultations
Have your say on mental health services in rural and remote
Australia – 18 April 2018.
Have your say on regional inequality – 18 April 2018.
LGAQ: Rating masterclass resources now available
A suite of resources is now available from the recent
rating masterclass that was held for those looking to refine and
update their knowledge of local government rating (18 April 2018).
More...
Local laws published in the Queensland Government Gazettal of 13 and 20 April 2018
Local Government Act 2009
Gazettal of Moreton Bay Regional Council
made on 27 March 2018:
Moreton Bay Regional Council Local Law No. 7 (Waste Management)
2018 and
Moreton Bay Regional Council Community and Environmental
Management (Amendment) Subordinate Local Law (No. 1) 2018
Local Government Regulation
2012
Gazettal of the notice by Barcaldine Regional
Council that, unless overdue rates and expenses of sale owing in
relation to the land mentioned in the Schedule are sooner paid, the
land was sold by public auction on 13 April 2018. Gazettal of the
notice by Central Highlands Regional Council that, unless overdue
rates and expenses of sale owing in relation to the land mentioned
in the Schedule are sooner paid, the land was sold by public
auction on 18 April 2018.
LGAQ: Have your say on two proposed Qld solar farm
guidelines
Developed to support and inform understanding, decision
making and community engagement regarding solar farm developments.
Written submissions can be made on either or both guidelines by no
later than 11 May 2018.
More...
Land Valuations Online
The new land valuation data for 2018 can be accessed
online at www.qld.gov.au/landvaluation.
Hard copies of the valuation list can be viewed at
Department of Natural Resources, Mines and Energy business centres
and local government offices during normal business hours until
close of business on 5 June 2018.
New South Wales
Local Government NSW Successful in Advocacy to the NSW
Remuneration Tribunal
The Local Government Remuneration Tribunal today handed
down its
annual determination on fees payable to councillors and mayors,
awarding the maximum increase allowable - of 2.5 per cent - in line
with the public sector wage cap (27 April 2018).
Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be
included in the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008. In essence; it is a
simplifying of the development process and aligning the
requirements for development across greenfield areas; the planning
rules and the code are also presented in plain English to clearly
explain planning rules (11 April 2018).
More...
Note: There will be a three-year transitional period, where applicants can choose whether to use the Greenfield Code, or the new simplified Housing Code or Transitional Code (until 13 July 2019).
Cases
Fraser Coast Regional Council v Linville Holdings Pty
Ltd [2018] QCA 071
Appeal Costs Fund Act 1973 (Qld), s.15;
Local Government Act 2009 (Qld), s.94(2); Local
Government Legislation (Validation of Rates and Charges) Amendment
Act 2018 (Qld).
Randwick City Council v Minister for Local
Government [2018] NSWLEC 63
COSTS - where the subject of the proceedings rendered
futile by supervening event - council amalgamation - application
seeking granting extension of time to commence proceedings - no
hearing on application for extension of time conducted - whether
appropriate to resolve application for the purpose of costs - not
appropriate to express any "general view" on application
for extension of time - neither party acted unreasonably - parties
to bear their own costs.
Majzoub v Liverpool City Council
[2018] NSWLEC 1195
DEVELOPMENT APPEAL: shed constructed without consent
– not exempt development – appeal against refusal of
building certificate – rural land – effectiveness of
landscaping as screening – visual impact – impact on
character.
TC (Tallwoods) Pty Ltd v Liverpool City Council (No
2) [2018] NSWLEC
60
PROCEDURE – consent orders allowing filing of two
related Class 1 applications – application for expedition for
hearing of the related Class 1 applications – discretionary
factors justify expedition, specifically that the subject matter of
the litigation will be lost – expedition granted.
Wirrabara Village Pty Limited v The Hills Shire
Council [2018] NSWLEC
1187
DEVELOPMENT APPLICATION: Seniors housing development;
Site Compatibility Certificate issued by the Department of Planning
and Environment; prohibited development; whether the site adjoins
land zoned primarily for urban purposes; location and access to
services; impacts on threatened species; bushfire risk; exceedance
of the height of buildings development standard; amenity.
Denning Tweed Heads Pty Ltd v Tweed Shire Council No.
2 [2018] NSWLEC
1186
DEVELOPMENT APPLICATION: Subdivision for 59 residential
allotments and one residual allotment; proximity to the Gold Coast
Airport and impact of aircraft noise; impact on endangered
ecological communities; stormwater.
Woolworths Limited v Randwick City
Council [2018] NSWLEC
1183
APPEAL – development application – conversion
of club to liquor store - statutory construction of Local
Environmental Plan – development for the purposes of a
shop.
Albert v Kiama Municipal Council
[2018] NSWLEC 1178
APPEAL – development application – consent
orders - medical centre – permissibility – consistency
with zone objectives – parking – traffic – height
and floor space ratio – compatibility – tree loss
– streetscape and setbacks – overshadowing – view
loss – amendments required to achieve view sharing.
Legislation
Queensland
Bills Updated
Local
Government Electoral (Implementing Stage 1 of Belcarra) and Other
Legislation Amendment Bill
Stage reached: 2nd reading to be moved on 23/04/2018.
Vegetation
Management and Other Legislation Amendment Bill 2018
Stage reached: 2nd reading to be moved on 23/04/2018.
Subordinate legislation as made
No 38:
Disaster Management (Disaster Districts) Amendment Regulation
2018 - 20 April 2018
No 43:
Water Supply (Safety and Reliability) (Northern Peninsula Area
Regional Council) Amendment Regulation 2018 - 20 April
2018.
No 48:
Nature Conservation (Protected Areas) Amendment Regulation (No.
1) 2018 27 April 2018.
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.