In the media
ALGA: Road managers now risk penalties for level
crossings from 1 July 2019
The Office of the National Rail Safety Regulator says it
is expanding to road managers new penalties for not complying with
requirements for interface agreements at level crossings or
road/rail interfaces (21 June 2019).
More...
Councils vote down affordable housing motion
The housing crisis is forcing local councils to confront
the issue of affordable housing, a conference has heard. A motion
that would have made it mandatory for development approvals to
include affordable housing has been voted down at ALGA's
National General Assembly (20 June 2019).
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Public wants more health leadership from
government
A growing number of Australians believe governments should
take on a bigger health leadership role in areas like smoking,
healthy eating and immunisation, new research shows (20 June 2019).
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Loss of local media is bad news
The availability of local news in Australia has undergone
a "sharp and worrying decline", a report commissioned by
Australia's peak local government body says. The survey of
local government media managers by the Public Interest Journalism
Initiative this year found that 68 per cent of metropolitan LGAs
and 45 per cent of regional and rural LGAs reported a "very
sharp" decline in local news (16 June 2019).
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Recycling, drought, climate change and electric vehicles
dominate local government's national conference
More than a dozen motions to urge Federal Government
declare a climate emergency and other motions to demand critical
action on waste and mandate product stewardship (17 June 2019).
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Comments wanted on Heavy Vehicle National Law
The National Transport Commission on 13 June released an
issues paper which summarises current access arrangements under the
national law, and in WA and the NT, analyses those arrangements
outside the law, and seeks preliminary views (14 June 2019).
More...
NGA Exhibitor profile – Working with local
government on asbestos
Local governments across Australia are on the front line
in dealing with asbestos in our communities. They deal with the
historical legacy asbestos problem in housing, manage waste
facilities where asbestos is disposed of, clean up illegal asbestos
waste dumping and other incidents and deal with asbestos-containing
materials following natural disasters (14 June 2019).
More...
Victoria
Improving the Local Government
Act
The Local Government Act is being overhauled for
the first time in nearly 30 years to pave the way for a more
modern, robust and contemporary set of guidelines. It provides a
clear legislative framework to support councils to provide
essential infrastructure and services in their areas (20 June
2019).
More...
Victorian council sacked after damning report
A regional Victorian council has been sacked by the state
government after a Commission of Inquiry found widespread
governance failures. South Gippsland Council was on Wednesday
morning stood down by the Victorian Government after the commission
handed down its report (19 June 2019).
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Delivering a newLocal Government
Act For Victoria
The Andrews Labor Government is seeking community feedback
on its plan to improve democracy, accountability and service
delivery in Victoria's 79 Councils outlined in a proposed new
Local Government Act (17 June 2019).
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In Practice and Courts
Population, Productivity and Purchasing Power
ALGA's annual State of the Regions report, 13 June
2019. Released at the Regional Cooperation and Development forum in
Canberra, contains concerning new findings on the availability of
local news and information.
More...
Productivity Commission: National Transport Regulatory
Reform paper
This seeks feedback as it assesses transport reforms since
an agreement was reached at the Council of Australian Governments
in 2009. National laws and regulations would replace state-specific
laws, regulations and regulators and intergovernmental agreements
about these were signed in 2011. Submissions close 28 June.
More...
Help Shape the National Disability Strategy Beyond
2020
Australian governments are asking people to help shape the
future of Australian disability policy for 2020 and beyond. The
first stage of consultation is from April to June 2019. Councils
are encouraged to promote engagement in these consultations within
their local communities. More information and registration for a
community workshop is
More....
The 2019 Asia Pacific Cities Summit and Mayors'
Forum
The 2019 Asia Pacific Cities Summit and Mayors' Forum
returns to Brisbane from 7-10 July. For Mayors, city
leaders, policy makers, CEOs, urban planners, and other business,
industry and emerging leaders.
More...
National General Assembly 2019
This year's National General Assembly of Local
Government (NGA), which will be held from 16 to 19 June in
Canberra. This assembly will consider what councils can do today to
get ready for the challenges, opportunities and changes that lie
ahead. More...
National Local Roads and Transport Congress, 18-20
November 2019
This year's theme is 'breaking through for modern
transport'. Topics to be covered include the future of
transport and how local government can benefit, and an update on
the state of the country's infrastructure by Infrastructure
Australia CEO, Romily Madew.
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Queensland
Water and Sewerage Infrastructure Program 2019:
Expressions of Interest
Eligible local governments can also submit expressions of
interest to restore infrastructure damaged as a result of the
monsoon trough. The Queensland Reconstruction Authority is now
calling for expressions of interest from eligible councils and
state agencies to identify priority projects within their
communities. Deadline for expressions of interest is 19 July 2019
(19 June 2019)
More...
Draft Resource Recovery Industries 10-Year Roadmap and
Action Plan
The
draft Resource Recovery Industries 10-Year Roadmap and Action
Plan has been developed to accelerate this transition and
develop our state's resource recovery industries. The draft
roadmap sets out a path to: increase resource recovery rates,
improve adoption of modern technologies and divert landfill waste
toward more valuable uses updated on 19 June 2019.
More...
Brisbane City Plan Amendments
Brisbane City Council has adopted amendments to the
Brisbane City Plan 2014. These include:
Retirement and Aged Care Amendments and The Gap Neighbourhood Plan
(14 June 2019).
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Sunshine Coast Incentives
Sunshine Coast Council has announced a three-year
extension to its Infill Development Incentives Policy which offers
incentives for infill development on the Sunshine Coast. All
applications for an incentive must be submitted to Council between
1 July 2019 and 30 June 2022 (14 June 2019).
More...
LGAQ: Review of Queensland's Cultural Heritage Acts
– Have your say
DATSIP is undertaking a review of the?Aboriginal
Cultural Heritage Act [2003]?and?Torres Strait Islander
Cultural Heritage Act [2003] (17 June 2019).
More...
Draft North West Queensland Economic Diversification
Strategy: Consultation
The draft outlines a number of diversification initiatives
to create jobs across the key economic drivers of resources,
agriculture, tourism, and broader business and industry -
consultation closes 26 July 2019.
More...
Local Government Bulletins 2019
The purpose of this bulletin is to inform local
governments that: the value of a penalty unit for most offences
under state legislation will increase to $133.45 effective from 1
July 2019, and the value of a local law penalty unit for most local
governments will also increase to $133.45 effective from 1 July
2019.
More...
Latest round of Nature Refuge Landholder grants now
open
Queensland's Nature Refuge landholders will be able to
apply for grants of up to $10,000 to support their invaluable work
maintaining nature refuges on their properties (24 May 2019).
More...
Current Programs
The 2019–21 Local Government Grants and Subsidies
Program aims to support Local Governments to deliver priority
infrastructure and essential services that meet the identified
needs of their communities.
2019–21 Works for Queensland Program (W4Q). As part of
the 2019–21 funding round, a further $200 million has been
approved for allocations to 65 Councils, with the initial payment
of $100 million to be released by 30 June 2019 as part of the early
program release to ensure job continuity and thriving communities.
The rest of the $100 million W4Q funding will be released post June
2019 for Council projects to be completed by June 2021 in line with
the Funding Deed of Agreement.
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Waste Levy legislation
The Queensland Government is developing a new
waste management and resource recovery strategy and will be
underpinned by the waste levy. The provisions will be added to the
existing
Waste Reduction and Recycling Act 2011 on commencement
on 1 July 2019. The provisions will be added to the existing
Waste Reduction and Recycling Regulation 2011 on commencement
on 1 July 2019. The new levy laws allow eligible organisations to
apply for exemptions and discounts from the levy, as well as
require other administrative notifications and declarations.
More...
Important changes to waste-related ERAs
The
Environmental Protection (Waste ERA Framework) Amendment Regulation
2018 introduces a number of changes to waste-related
environmentally relevant activities (ERAs) in the
Environmental Protection Regulation 2008. One of these changes is
the introduction of a new schedule of waste-related ERAs. Existing
waste ERAs will be transitioned to the new waste ERAs after July
2019. The department has developed an
online tool to assist holders of waste-related ERAs transition
to the new schedule of ERAs.
Note: Safer Buildings: Parts 2 and 3a deadlines
extended
Bodies corporate and building owners across Queensland
have been given additional time to complete Parts 2 and 3a of the
Safer Buildings combustible cladding checklist. The new deadlines
will be as follows:
Part 2: extended from 29 May 2019 to 31 July 2019
Part 3a: extended from 27 August 2019 to 31 October 2019.
More...
LGAQ: Information sessions - Changes to Queensland's
plumbing and drainage laws
Queensland's new plumbing and drainage laws will
commence on 1 July 2019, including the
Plumbing and Drainage Act
2018. The Department of
Housing and Public Works will be holding information sessions
across Queensland during April-June 2019 about the upcoming changes
and local government staff are encouraged to attend.
More...
Cases
Queensland
Gold Coast City Council v Sunland Group Limited &
Anor [2019] QCA
118
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITH
ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND
ENVIRONMENT COURT AND ITS PREDECESSORS – OTHER MATTERS
– where the applicant had issued infrastructure charge
notices to the respondent – where the respondent appealed the
applicant's decision to issue the infrastructure charge notices
to the Planning and Environment Court – where the Planning
and Environment Court made declarations overturning the imposition
of the infrastructure charge notices – whether the Planning
and Environment Court erred in their decision
APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES –
RIGHT OF APPEAL – WHEN APPEAL LIES – OTHER CASES
– where the applicant issued notices to the respondent each
under s 635 of the Sustainable Planning Act 2009 (Qld) in order to
levy charges on the respondent for trunk infrastructure –
where the respondent filed an appeal against the appellant's
decision to issue the notices – where the learned primary
judge held that the notices were not in accordance with s 637(2) of
the Sustainable Planning Act 2009 (Qld) and were not infrastructure
charge notices under the Sustainable Planning Act 2009 (Qld)
– where the applicant has sought leave to appeal against the
declarations of the learned primary judge – whether the
learned primary judge erred in declaring that the notices did not
comply with the Sustainable Planning Act 2009 (Qld) and were not
infrastructure charge notices under the Act
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION –
INTERPRETATION ACTS AND PROVISIONS – where it is contended
the questions raised on appeal are of specific importance to the
applicant as the entity responsible for issuing infrastructure
charge notices in its local government area – where it is
contended that the questions raised on appeal are of importance to
other local governments throughout Queensland – where the
resolution of the issues are relevant to the applicant's
budgeting and financial resources – where it is submitted
that the appeal raises critical questions about proper statutory
construction – where is its contended that the Planning and
Environment Court erred in holding that a failure to comply with s
637(2) of the Sustainable Planning Act 2009 (Qld) rendered the
notices invalid – where it is submitted that the Planning and
Environment Court erred by not refusing the declarations sought by
the respondent – whether s 637(2) of the Sustainable Planning
Act 2009 (Qld) was correctly interpreted by the learned primary
judge
STATUTES – ACTS OF PARLIAMENT – OPERATION AND EFFECT OF
ACTS – RETROSPECTIVE OPERATION – where the Court
granted the parties leave to make supplementary submissions as to
the impact of s 344 of the Planning Act 2016 (Qld) on the appeal
– where the applicant contends that s 344 of the Planning Act
2016 (Qld) has a retrospective effect, applying to infrastructure
charge notices issued on or after 4 July 2014 – where the
respondent contends that the appeal must be determined upon the law
as it stood at the hearing below – where it is submitted that
as s 344 of the Planning Act 2016 (Qld) was not in existence at the
time of the notice and therefore cannot apply – whether s 344
of the Planning Act 2016 (Qld) operates in a retrospective sense or
not.
Legislation
Victoria
Local Government (South Gippsland Shire Council) Bill
2019
Passed 19 June 2019 - provides for the
dismissal of the council and appointment of administrators, who
will act as the council in the best interests of ratepayers until
October 2021, when elections will he held.
Local Government Bill 2019 Consultation
The Local Government Bill 2019 will introduce a
new, contemporary framework to support Victoria's councils and
the communities they serve. The
Local Government Bill Reform Paper describes why the new
reforms are being proposed and how they will work. To provide
feedback on the proposed reforms, email local.government@delwp.vic.gov.au
using the subject line Local Government Bill 2019 by 17 July
2019.
Queensland
Bills Progress
Electoral Legislation (Political Donations) Amendment Bill
2018
Stage reached: 2nd reading adjourned on 14/05/2019 Status:
Resumption of second reading debate 11 June 2019 - Part 3 Amendment
of Local Government Electoral Act 2011- Amendment of s 106
(Definitions for part )Section 106—insert—political
donation- prohibited corporate donor, for division 1A, see section
113A
Local Government Electoral (Implementing Stage 2 of
Belcarra) and Other Legislation Amendment Bill
2019
Economics and Governance Committee. Report by 21 June 2019
An Act to amend the City of Brisbane Act 2010, the Local Government
Act 2009, the Local Government Electoral Act 2011,the Referendums
Act 1997 and the Right to Information Act 2009
The Bill requires all candidates at Local Government elections,
including sitting Councillors, to undertake training as a condition
of their nomination and mandates full preferential voting for
mayoral and single councillor elections, to be effective for the
2020 local government election
Electoral and Other Legislation Amendment Bill
2019
Economics and Governance Committee. Report by 21 June 2019
Implements recommendations from the Crime and Corruption
Commission's Operation Belcarra: A blueprint for integrity
and addressing corruption risk in local government and makes
operational improvements to the State's electoral system by
implementing the Government's response to A review of the
conduct of the 2016 local government elections, the referendum and
the Toowoomba South by-election (Soorley report)
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.