In the media
Goals for our future - the Sustainable Development
Goals
Local governments across Australia are working to
strengthen and protect: a clean and safe environment; access to
opportunity and services; human rights; strong and accessible
institutions; inclusive economies; diverse and supportive
communities; and our Aboriginal and Torres Strait Islander cultures
and heritage (03 August 2018).
More...
Future of heavy vehicle road user charges
A Regulation Impact Statement looking at options for
different ways to set heavy vehicle road user charges has been
released for comment. Stakeholder feedback on the Regulation Impact
Statement will be important in helping to inform a decision by
governments on the way forward for heavy vehicle road user charges.
Consultation closes on 31 August 2018. View the Regulation Impact
Statement and have your say here (27
July 2018).
More...
Why narrow streets are the way of the future
Narrow streets are commonplace in city centres throughout
Australia; now urban planners are paving the way for skinny roads
in the suburbs. Vehicle speeds, cost and stormwater drainage are
all factors pushing councils to make their streets more slender (26
July 2018).
More...
Most people support recycling but are confused about
which bin to use
Most people are supportive of recycling but hopelessly
confused about what goes in which bin, new research has found.
Furthermore, most people assume they are sorting their household
waste correctly and don't realise that rules about recycling
differ between suburban councils (25 July 2018).
More...
Queensland
LGAQ: What role for the CCC in local government?
It is time to tackle the difficult and often thorny issue
of the role of the Crime and Corruption Commission in the daily
life of Queensland councils. Over the nearly 30-year history of the
CCC (originally the Criminal Justice Commission) its significance
has waxed and waned commensurate with the government of the day,
its enabling legislation and funding provided to it (02 August
2018).
More...
Nearly half of koalas die after Gold Coast
relocation
The Queensland Government is reviewing its koala
"translocation" policy after than 100 koalas die after
being shifted 40 kilometres from their habitat into the Gold Coast
Hinterland (02 August 2018).
More...
Cameras to study Brisbane CBD jaywalkers after recent
accidents
Illegal jaywalkers to be under video surveillance in
Brisbane's CBD under a new plan to improve pedestrian safety in
the wake of recent incidents where people have been injured or
killed in traffic accidents at intersections. The council has
committed to rolling out new safety measures in the danger zones
that arise from this research (31 July 2018).
More...
QRA ready for disaster funding reform
The new Disaster Recovery Funding Arrangements
(DRFA) will apply to disaster events from 1
November 2018, with the existing NDRRA Determination 2017 applying
to natural disasters between now and 31 October 2018. The system
has been developed in consultation with local governments and state
agencies and QRA will continue to work to ensure a smooth
transition to using MARS (30 July 2018).
More...
QLS: Current Dissolution of Ipswich City Council draft
Bill fundamentally flawed
The Queensland Government's proposed Dissolution of
Ipswich City Council would deny the electorate democratically
appointed local representatives and improperly impugn the legal
rights of councillors not facing any or not yet convicted of
criminal charges or disciplinary offences, according to
Queensland's peak legal body (30 July 2018.
More...
Corruption watchdog chief backs bill to sack Ipswich
Council
Queensland's Crime and Corruption Commission chief
Alan MacSporran tells a parliamentary hearing into a bill to sack
Ipswich Council that denying councillors the presumption of
innocence is warranted and dumping the council is in the best
interests of the public (30 July 2018).
More...
$29m worse off: Secretive Ipswich Council 'dud
deals' exposed
A secretive development arm of Ipswich City Council broke
corporate laws, cut questionable property deals and inappropriately
donated $10,000 to an elite school attended by the children of
three of its directors, according to state government auditors (24
July 2018).
More...
More...
Council leads residents in best practice recycling
trial
The Bundaberg Region is one of two councils selected to
participate in a recycling trial to define best practice kerbside
recycling processes (27 July 2018).
More...
New entry signs mean safer streets
The Palaszczuk Government will introduce new signs and
line marking at the entrance of towns across the state as part of
its commitment to improving safety on regional roads (26 July
2018).
More...
Queensland councils shortlisted for infrastructure
funds
Thirty-nine regional councils from Torres Shire to Bulloo
have been shortlisted for a share in $70 million under the latest
round of the Queensland Government's Building our Regions
program (25 July 2018).
More...
Victoria
Composting food & organic waste & reducing
landfill
Eight Melbourne councils are set to reduce the amount of
food and organic waste they send to landfill, thanks to a new
composting facility supported by the Turnbull Government. The
composting facility will recycle approximately 120,000 tonnes of
food and organic waste per year and produce 50,000 tonnes of
high-grade compost for the municipalities' gardens and parks
(02 August 2018).
More...
Turning food waste into compost gold: Urban composting
symposium to reveal latest research
While local councils across Australia have begun trialling
alternatives to landfilling household food waste, Swinburne
University of Technology has been conducting research comparing
kerbside food waste collection and offsite composting with
medium-scale onsite composting (27 July 2018).
More...
New Victorian screening process for contaminated
land
The Victorian Government's response to the Inquiry
into the Victorian EPA's supported a risk-based approach to
assessing potentially contaminated environments and setting
statutory requirements for the notification, clean up, and safe
redevelopment, of contaminated sites. During a pilot, environmental
auditors on DELWP's PRS panel will conduct PRSs, on sites
chosen by DELWP and EPA. So far, two local governments have
committed to be part of the pilot; City of Whittlesea and City of
Greater Bendigo (27 July 2018).
More...
MAV: Time to action wasted landfill levy
opportunities
The Municipal Association of Victoria
(MAV) has welcomed the release of a report by the
Victorian Auditor General into the use of State landfill levies,
with many of the findings reflecting concerns raised by local
government in recent years (27 July 2018).
More...
New South Wales
LGNSW welcomes report calling for city councils to have
a louder voice in decisions affecting Sydney
The Local Government NSW (LGNSW)
welcomed the Committee for Sydney report: A New Era for Local
Government. The report recommends a menu for reform calling for
local government to have a louder voice and bigger role in policies
and decisions that shape Sydney (27 July 2018).
More...
Sydney's new resilience strategy identifies key
threats
Managing the impacts of population growth, terrorism
threats and natural disasters are among the issues raised in the
City of Sydney's first-ever resilience strategy (26 July 2018).
More...
In practice and courts
National Pollutant Inventory Review
The National
Pollutant Inventory (NPI) is currently being
reviewed by a working group from the federal, state and territory
governments and is open for comment until 10 August 2018.
My Health Record information for councils - Your health
record in your hands
My Health Record places your health in your hands.
It's a digital summary of a person's key health information
which is being created for every eligible Australian with a
Medicare or Department of Veterans' Affairs card in 2018,
unless they choose not to have one. Councils can provide their
support for the My Health Record by displaying brochures and
posters in Immunisation Clinics, within newsletters or any mail
outs. For more information visit your local Primary Health Network
or click here.
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...
Rate-capping video update
Vic Councils have updated their rate capping video to help
explain to communities how property valuations, council funding and
rate capping work. The
video is available on the
Vic Councils website along with fact sheets and other helpful
resources (02 August 2018).
Smart Planning Program Amendments
One of the most significant overhauls to planning schemes
since adoption of the Victoria Planning Provisions has been
enacted.
Amendment VC 148 makes a number of structural changes to
incorporate VicSmart provisions into relevant zones and overlays,
and setting out State and Regional policy in a new integrated
Planning Policy Framework. Existing local policy will be adapted to
the new structure in several tranches (02 August 2018).
Queensland
QRA ready for disaster funding reform
The new Disaster Recovery Funding Arrangements
(DRFA) will apply to disaster events from 1
November 2018, with the existing NDRRA Determination 2017 applying
to natural disasters between now and 31 October 2018. To assist
with the implementation, QRA has developed Management and Reporting
System (MARS), a user-friendly online application
designed to streamline the disaster funding submission process.
MARS will be used for events occurring after 1 November 2018, in
line with the implementation of DRFA (30 July 2018). More...
LGAQ: Flood Warning Standard Consultation
The Flood Warning Infrastructure Standard provides
performance requirements for infrastructure which measures,
communicates and stores rainfall and river-level data for flood
monitoring and prediction. The standard is available for industry
consultation until 31 August 2018 and you are encouraged to raise
any issues, comments, corrections or other feedback. Copies of the
Consultation Draft Flood Warning Infrastructure Standard can be
downloaded here.
More...
Building our Regions program: Round 4
Funding isn't guaranteed and councils with shortlisted
projects will now have to prepare business cases for their
projects, demonstrating detailed and compelling reasons for their
projects to gain funding, and submit their business cases by 7
September 2018. Successful projects are expected to be announced in
late 2018 (25 July 2018). More...
Local Government Bulletin - updated 27 July 2018
Discounting of employee benefits in accordance with
AASB119
This bulletin is to advise local governments of the rates
applicable to Commonwealth Government Bonds as at 30 June 2018 for
the purpose of discounting employee benefits under Australian
Accounting Standard AASB119 Employee Benefits.
LGAQ: Heavy vehicle update: Chain of responsibility
laws
On 1 October 2018, amendments to the Chain of
Responsibility (CoR) laws will come into effect.
These changes will apply a direct duty of care on local government
and more and more closely align the laws with Work Health &
Safety laws.
More...
New South Wales
Office of Local Government: Circulars
18-20 Guidance to councils on transitioning to the new Australian
Accounting Standards (2 August 2018)
Recycling and Waste Grants
Grants are still available through the NSW
Government's $47 million rescue package – part of
Waste Less, Recycle More – to help councils ensure
kerbside recycling continues and to pursue new waste management
initiatives (27 July 2018). More...
Sydney Resilience Strategy
Resilient Sydney contains a 5-year action plan with 35
actions that are categorised along the following flagship
directions: People-centred, live with the climate, connect for
strength, get ready and one city (26 July 2018).
More...
Draft Design Guide for Heritage
The draft Design Guide for Heritage is now on public
exhibition so community members and industry stakeholders can have
their say on what it should include to ensure heritage is protected
for future generations. Submissions close 17 August 2018.
More...
Amendments to Retail Land Use Definitions
The NSW Department of Planning and Environment
(DP&E) has advised councils and other planning
authorities that local environmental plans have been amended to
include a revised definition of 'garden centre' and a new
definition of 'artisan food and drink industry'. The
changes, which have been added to the dictionary of the
Standard Instrument (Local Environmental Plans) were explained
in detail in a
circular released in July (27 July 2018).
Mobile Phone Base Station Deployment Industry Code
A revised version of the national Mobile Phone Base
Station Deployment Code has been released for public comment. The
code is a voluntary, industry standard applying to low-impact
mobile phone radio communications infrastructure.
LGNSW is drafting a submission on behalf of the sector and
contributions from councils are welcome.
More...
Cases
Queensland
Trask Development Corporation No 2 Pty Ltd v Moreton Bay
Regional Council [2018] QSC 170
ADMINISTRATIVE LAW JUDICIAL REVIEW MEANING OF DECISION
GENERALLY where a developer submitted a request for mapping change
of an overlay map to the council via an online form where the
council refused the request where the developer applied for a
statutory order of review of that refusal where the council applied
to have the application summarily dismissed under rule 16 of the
Uniform Civil Procedure Rules 1999 and section 48 if the
Judicial Review Act 1991 whether the refusal was a
decision to which the Judicial Review Act 1991
applied.
ADMINISTRATIVE LAW JUDICIAL REVIEW DECISIONS UNDER AN ENACTMENT
DECISIONS UNDER INSTRUMENTS where the council applied to summarily
dismiss the application by a developer for statutory review of a
refusal to amend an overlay map whether the refusal was made under
an enactment.
ADMINISTRATIVE LAW JUDICIAL REVIEW GENERALLY where the council
applied to summarily dismiss the application by a developer for
statutory review of a refusal to amend an overlay map where the
council alleged that the application did not comply with section 25
of the Judicial Review Act 1991 because it did not set out
the grounds whether the application complied with section 25 of the
Judicial Review Act 1991.
Kelsey v Logan City Council & Ors
[2018] QIRC 99
The Commission (as constituted) recuses itself from
hearing and determining the Applications in terms of objections to
the Attendance Notice to Produce.
The Commission (as constituted) recuses itself from hearing and
determining the substantive Application.
INDUSTRIAL LAW – PUBLIC INTEREST DISCLOSURE –
Applications in Existing Proceedings - Notices of Objection -
Attendance Notice to Produce issued to the Crime and Corruption
Commission - Applications for Industrial Commissioner to recuse
himself from hearing or determining the Application to set aside
the Attendance Notice to Produce - Application for the Industrial
Commissioner to recuse himself or be prohibited from further
hearing or determining the substantive Application - Fair-minded
Lay Observer - Apprehended Bias - Grounds - Authorities - The
Commission (as constituted) recuses itself from hearing and
determining the Applications in terms of objections to the
Attendance Notice to Produce - Commission does not accept that the
Respondents have established based on the relevant test that a
fair-minded lay observer might reasonably apprehend that the
Commission (as constituted) would not bring an impartial mind to
hearing and determining the substantive Application as a
consequence of the Interlocutory Decision of 4 May 2018 - The
Commission (as constituted) nevertheless recuses itself from
hearing and determining the substantive Application on other
grounds.
New South Wales
So Nash Pty Limited v Inner West Council (No
2) [2018] NSWLEC 1391
DEVELOPMENT CONSENT – appeal against the imposition
of a number of conditions on development consent for the adaptive
reuse of a local heritage item, including a condition requiring the
deletion of one off-street car parking space and a condition
notifying the future occupants of the development that they are not
eligible to participate in the Council's Resident Parking
Scheme – deferred commencement conditions deleted and changes
to the proposal described in those conditions incorporated in
amended architectural drawings.
Leda Holdings Pty Ltd v Woollahra Municipal
Council [2018] NSWLEC 1394
DEVELOPMENT APPLICATION – alterations and additions
to an existing dwelling currently under construction – new
tennis court – exceedance of height of buildings development
standard – impact on streetscape.
Hussar Pty Ltd v Northern Beaches Council; Sekulic v
Northern Beaches Council [2018] NSWLEC
1393
ORDER and MODIFICATION APPLICATION – non-compliance
of development consent – deletion of undergrounding of
utility services condition – village streetscape –
landscaping constraints.
Moseley v Queanbeyan-Palerang Regional Council (No
3) [2018] NSWLEC 111
ENVIRONMENTAL OFFENCES – COSTS – exercise of
discretion whether to award costs thrown away in course of
finalising stated case to Court of Criminal Appeal.
Wilkie v Canterbury Bankstown Council
[2018] NSWLEC 1381
DEVELOPMENT APPLICATION – Mixed use development
– height – architectural roof feature.
Ritchie v The Hills Shire Council
[2018] NSWLEC 1376
APPEAL – Development consent - dual occupancy under
the State Environmental Planning Policy (Affordable Housing) 2009
(SEPP ARH) – location of site within
"accessible area" as defined under cl 4 of the SEPP
ARH.
Regent Land Pty Ltd ATF Regent Land Unit Trust v
Georges River Council [2018] NSWLEC
1370
DEVELOPMENT APPLICATION – compliance with new high
density controls for the Kogarah North Precinct – strategic
intent of controls – planned density – height breach
– clause 4.6 – site amalgamation requirement –
site isolation – development if not amalgamated –
precedent – objections.
Legislation
Commonwealth
Heavy
Vehicle National Law - Heavy Vehicle Stated Maps – Amendment
Notice 2018 (No.3)
Gazette 26/07/2018 - The purpose of this Notice is to
amend stated maps for vehicles at the request of road managers. The
amendments take effect 28 days after publication.
Queensland
Subordinate legislation as made – 27 July
2018
No 108
Land (Deferred Rent) Amendment Regulation 2018
No 110
Building and Other Legislation (Cladding) Amendment Regulation
2018
The Regulation is made under the Building Act 1975, and
the State Penalties Enforcement Act 1999. The policy
objectives of the Regulation are to determine the extent of the use
of potentially combustible cladding on existing private buildings
in Queensland and raise awareness with building owners of the risks
associated with potentially combustible cladding. The Regulation
commences on 1 October 2018.
New South Wales
Environmental Planning Instruments
Standard
Instrument (Local Environmental Plans) Amendment (Artisan Food and
Drink Industries) Order 2018 (2018-404) — published LW 27
July 2018
Standard
Instrument (Local Environmental Plans) Amendment (Garden Centres)
Order 2018 (2018-405) — published LW 27 July 2018
State
Environmental Planning Policy Amendment (Artisan Food and Drink
Industries) 2018 (2018-406) — published LW 27 July
2018
State
Environmental Planning Policy Amendment (Garden Centres) 2018
(2018-407) — published LW 27 July 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.