In the media
Victoria
Police hit out at 'deceitful' operation flying
beggars from China to Melbourne
Police charge seven people over an alleged
"professional begging" operation in which people are
flown from China to Melbourne on tourist visas to target passers-by
in the CBD (05 July 2019).
More...
Information leaks concern watchdog
Council staff need to be aware of laws regarding
confidential information, the Local Government Inspectorate has
warned. The Inspectorate says recent complaints data has shown
"disturbing" cases of councillors leaking information for
personal or political reasons without considering the effect this
could have on both the business of council and community confidence
(01 July 2019).
More...
Victorian Greenhouse Alliances conference 19 July
2019
More than 250 local government councilors, executive
leaders and officers are next month expected to attend the highest
profile local government climate change conference in Australia (28
June 2019).
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Cleaning Up Council Recycling Contracts
Minister for Local Government Adem Somyurek has issued a
state-wide exemption for local councils to remove the
administrative barriers to extend their recycling collection
contracts to June 2021 (28 June 2019).
More...
IBAC: Victorian state government agencies exploring new
ways to detect and prevent corruption
A review released by the state's anti-corruption
commission, IBAC, has found Victorian state government agencies are
increasingly aware of corruption risks and exploring new ways to
detect and prevent corrupt conduct, such as use of data analytics
and the appointment of risk champions (27 June 2019).
More...
David McAuliffe spared jail as Lara residents face long
battle to clean up waste stockpile
For the past six years, the Geelong council and local
residents have been fighting, and failing, to get a massive waste
stockpile cleaned up. The State Government will have to fund the
$100 million clean-up. The site's former operator, David
McAuliffe, had his three-month jail term overturned on appeal (27
June 2019).
More...
NSW
Medium Density Planning Pause Extended
A further three-months planning pause for medium density
housing is a sensible step in helping ensuring measured,
future-focused planning which will determine neighbourhoods for
decades to come, Local Government NSW said. Councils strongly
support the need for sufficient housing stock to accommodate our
growing population (28 June 2019).
More...
'Ticking time bomb' fire risk for 340 Sydney
buildings
The Queen Victoria Building, Sydney University student
housing and the Central Park development are among hundreds of
Sydney sites identified as being at risk of fire from combustible
cladding. Councils are now in an impossible position being given
lists with dozens or hundreds of at-risk properties, with no
details about the nature of the risk and no resources to undertake
the analysis themselves (26 June 2019).
More...
In Practice and Courts
Victoria
MAV Submissions July 2019
Submission to Productivity Commission inquiry on National Transport
Regulatory Reform
Submission to Caravan Park Sunset Review Team
Victoria Parliament Consultations
Inquiry into the Conduct of the 2018 Victorian State
Election
The Committee is inviting people to submit their views on
how the election was conducted and suggestions on how things could
be improved. Issues to be examined include enrolling, being a
candidate and voting. Submissions close on 30 August 2019. More...
Recycled Material in Roads
To assist councils in achieving sustainability in road
design, the Office of Projects Victoria, NATSPEC, Sustainability
Victoria, IPWEA Victoria, and the Civil Contractors Federation are
reviewing engineering standards to increase the use of recycled
materials in the construction of local roads. This
Project Report provides a summary of council responses.
Councils are encouraged to
complete this survey by, 26 July 2019.
Inquiry into the Impact of Animal Rights Activism on
Victorian Agriculture
The Legislative Council's Economy and Infrastructure
Committee has commenced a public inquiry into the impact of animal
rights activism on Victorian agriculture. The Committee is inviting
written submissions by 2 August 2019 and will then conduct public
hearings More...
Understanding Victoria's Integrity System
A new video and council resources from the Independent
Broad-Based Anti-Corruption Commission (04 July 2019). More...
Preventing domestic and family violence action
Action research reports from five Australian local
government councils (04 July 2019).
More...
Development contribution plans: community infrastructure
levy
The 2019-20 maximum dwelling amount for a community
infrastructure levy is now available
here.
Standard levy rates and public land index for
Infrastructure contribution plan
The 2019-20 standard levy rates for metropolitan
greenfield growth areas and the public land index prepared by the
Valuer-General Victoria (for indexing land credit amounts and land
equalisation amounts on 1 July 2019) are now available.
More...
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.
More...
Victorian Local Government Rating System Review
The Victorian Government is conducting a full review into
the Victorian Local Government Rating System.
The review will conclude in March 2020, when the Panel provides
their recommendations to the Minister (12 June 2019).
More...
City of Melbourne: New Local Laws commenced on 1 July
2019
The Council has made three new local laws pursuant to the
Local Government Act 1989. These new local laws will
commence on 1 July 2019 and will supersede the Council's
current local laws.
More...
Activities Local Law 2019
The objective of the Activities Local Law is to the
Council's long-term and responsible approach to the ongoing
health, vitality, prosperity, security and welfare of the
city's residents, businesses and environment.
More...
Incorporated document
The Activities Local Law refers to the Design and Construction
Standards for Public Infrastructure Works in the Docklands Area
('Standards'), clause 7.2.
More...
Homelessness protocol
Council and Victoria Police have a formal operating protocol
to address rough sleeping in the city.
More...
Environment Local Law 2019
The objective of the Environment Local Law is to promote a
safe, cleaner and more pleasant environment for all people living
in, working in or visiting the City of Melbourne.
More...
Grants Programs
Children's Facilities Capital Program
Funding is available to build, expand and improve early
years infrastructure across Victoria, with three major grant
categories: integrated children's centre grants (up to $2
million); new early learning facility grants (up to $1 million);
and early learning facility upgrade grants (up to $500,000).
Applications close 9 August.
More...
Significant Sporting Events Program
Councils may apply for grants in this funding program to
support the assistance, management or strategic planning of sports
events.
Applications are open until 30 June 2022 in various rounds.
NSW
EPA Practice Note: Managing forecourt
run-off from service stations
The guide provides recommendations on planning and design,
managing risks, and approaches for collecting and treating
forecourt run-off at service stations. This Practice Note will help
both councils and service station operators to assess potential
risks and impacts (25 June 2019).
More...
The Low Rise Medium Density Housing Code has been
deferred to allow for an independent review.
The existing one-year deferral of the Low Rise Medium
Density Housing Code in 49 council areas is due to expire on 1 July
2019. The State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 (Codes SEPP) has been amended to extend
this deferral for 45 councils for a further short period, until 31
October 2019, to allow for an independent review to be undertaken
of the Code.
More...
New dates for Environmental Planning & Assessment
Act Updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act
updates. Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans. CPPs must be finalised and
published on the ePlanning portal by 1 December 2019
Cases
Australian Competition and Consumer Commission v
Woolworths Limited [2019] FCA 1039
CONSUMER LAW – representations of
"biodegradable and compostable" made on labelling of
disposable dish and cutlery products sold by respondent –
identification of nature of representations – whether
representations were as to "future matters" within
meaning of s 4 of the Australian Consumer Law – consideration
of meanings of "future matter" and "reasonable
grounds" in s 4 – whether respondent had reasonable
grounds for representations – application dismissed
CONSUMER LAW – misleading or deceptive conduct –
whether representations of "biodegradable and
compostable" contravened ss 18, 29 or 33 of the Australian
Consumer Law – consideration of factors relevant to
identifying "ordinary and reasonable" consumer –
application dismissed
Held: do accept that phrase as used on the labels (like the word
"recyclable") conveyed the representation that the
Products were capable of biodegrading if sent to landfill or a
"rubbish dump", and could be composted by one or more of
the composting methods that are likely to be broadly familiar to
consumers, such as some form of home or community composting, or
organic waste collection by local councils
Morrison Government delivers to protect
farmers
The Morrison Government has introduced legislation to
protect them from the unlawful actions of animal activists. The
Criminal Code Amendment (Agricultural Protection) Bill 2019
introduces new offences for the incitement of trespass, property
damage, or theft on agricultural land (04 July 2019)
NSW
Council of the City of Sydney v Bishop
[2019] NSWCA 157
(1) Appeal allowed.TORTS – negligence –
personal injury – respondent tripped on kerb in pedestrian
precinct – duty of care to warn pedestrians of height
differential – whether risk obvious – whether failure
to use yellow highlighting constituted breach of a duty to warn
– whether absence of warning causative of harm to person
aware of hazard and not looking down
Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D, 5F, 5H
RBFI Pty Limited v Wollongong City
Council [2019] NSWLEC 1312
DEVELOPMENT APPEAL – subdivision – flood
planning level – rainfall and runoff – Allans Creek
catchment – variation to section 88B instrument
Tasman Property Holdings Pty Ltd v Canterbury-Bankstown
Council [2019] NSWLEC 1310
MODIFICATION APPLICATION – mixed use development –
addition of a further storey – height breach – impacts
– streetscape character – area in transition –
whether substantially the same
Hamilton v Woollahra Municipal Council
[2019] NSWLEC 1313
DEVELOPMENT APPEAL – proposed demolition of
heritage item – Watsons Bay heritage conservation area
– adaptive reuse – statement of heritage
significance
Arcidiacono as Trustees for the Arcidiacono Family
Trust v Blacktown City Council [2019] NSWLEC
1264
DEVELOPMENT APPLICATION – subdivision service
station and car wash – vegetation buffer as visual impact to
place of State Heritage
Benmill Pty Ltd v Council of the City of
Sydney [2019] NSWLEC 1291
MODIFICATION APPLICATION – impact of the
addition of an awning to an approved development on the heritage
significance of the heritage conservation area
K Capital Pty Ltd v City of Parramatta
Council [2019] NSWLEC 1292
DEVELOPMENT APPLICATION – concept development
proposal – extent of demolition and impact on the heritage
significance of the Roxy Theatre
Oboodi v Hornsby Shire Council
[2019] NSWLEC 1287
APPEAL – development application –
construction of two dwellings on new lots created by subdivision
– heritage – engineering – adequacy of right of
way over adjacent property – scale of the proposed dwellings
–amenity of private open space – visual impact –
replacement plantings – whether Vegetation Management Plan
for subdivision can be considered in determining whether there is a
net improvement in indigenous vegetation – directions made
concerning landscape plan
Legislation
Victoria
Acts
Local Government (South Gippsland Shire Council) Act
2019
Date of assent: 21 June 2019 Act Number: 18/2019
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.
NSW
Regulations and other miscellaneous instruments
Protection
of the Environment Operations Legislation Amendment (Scheduled
Activities) Regulation 2019 (2019-319) — published LW 5
July 2019
Road
Amendment (Dangerous Goods) Rule 2019 (2019-316) —
published LW 5 July 2019
Environmental
Planning and Assessment (Savings, Transitional and Other
Provisions) Amendment (Local Strategic Planning Statements)
Regulation 2019 (2019-282) — published LW 28 June
2019
Environmental Planning Instruments
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Low Rise Medium Density Housing Code) 2019
(2019-291) — published LW 28 June 2019
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.