In the media
Grow regions to help capital cities: RAI study
A new study by the Regional Australia Institute recommends
a national awareness campaign to encourage migration to regional
areas for cheaper housing and to reduce growing pains in the outer
suburbs of major capitals (16 August 2019).
More...
Infrastructure report highlights need for extra
investment and planning
Australia is sleepwalking its way towards becoming a
nation of three megacities with regions which struggle with social
and economic equity issues, the Planning Institute of Australia
warns (13 August 2019).
More...
Infrastructure critical to city transformation:
Audit
The Property Council of Australia welcomed the release of
Infrastructure Australia's 2019 Australian Infrastructure Audit
and its recognition of the critical infrastructure needs of our
growing cities, especially the big four of Sydney, Melbourne,
Brisbane and Perth (13 August 2019).
More...
Homelessness 'duty to assist' law could force
government to help those in crisis
Australian authorities are being urged to consider a new
"duty to assist" law that would force governments to help
homeless people find accommodation, amid warnings homelessness is
spiralling out of control and funding is drying up (08 August
2019).
More...
Call for inquiry to probe road transport industry
'crisis'
The inquiry, which would probe the commercial pressures on
the sector from offshore giants like Amazon, as well as road
fatalities, a decline in safety standards and working conditions
and the scope of industry regulations including differences across
states, is crucial to avert a crisis, transport workers say (08
August 2019).
More...
Aussie councils form nation-first climate alliance
Australian councils have launched a nation-first alliance
to lobby the government for action on climate change. The league of
councils will work together to encourage local, grassroots action
on climate change by sharing resources and best practice examples
of green initiatives while pushing for state and federal funding
(05 August 2019).
More...
Victoria
More Financial Support For Rural And Regional
Councils
Victoria's rural and regional councils will get a
much-needed funding boost, thanks to a change in the way Financial
Assistance Grants are decided. Minister for Local Government Adem
Somyurek has endorsed a recommendation by the Victoria Grants
Commission's to adjust the funding model for the Commonwealth
Financial Assistance Grants Program (15 August 2019).
More...
MAV: Funding welcomed as first step to fix the recycling
crisis
The MAV has welcomed the Victorian Government's $6.6
million support package for councils over four months, as well as
additional funding for the recycling industry to improve their
sorting and processing of recycled materials. MAV also supports
exploring the use of procurement targets for all government
agencies to increase their use of Australian recycled content (13
August 2019).
More...
Local council rubbishes Victorian Government's
'barely tokenistic' recycling crisis package
Local councils are calling on the Victorian Government to
create a statewide solution to the recycling crisis. Some councils
have found alternative recycling processors, but many have no
alternative but to send recycling into landfill (13 August 2019).
More...
Councils slam 'fraught' laws to oust
councillors
Victorian councils have raised concerns over what they say
is an attempt by the state government to rush through legislation
that would would effectively give citizens the power to remove
council staff (13 August 2019).
More...
MAV: Councils seek deferral of new Local Government Bill
reforms
The MAV has called on the Victorian Government to defer
the proposed reforms for 12-18 months to enable full examination of
the issues including costs, community impacts and other unintended
consequences (12 August 2019).
More...
65-year land dispute nears end with order for rates
refund
It was spruiked as Victoria's own Gold Coast, but
people who bought land along Ninety Mile Beach in the 1950s could
never build on their blocks (07 August 2019).
More...
Cashback plan for collecting bottles and cans
The City of Melbourne has backed a campaign from the
Municipal Association of Victoria calling for the introduction of a
state-wide Container Deposit Scheme. The City of Melbourne has
joined other Victorian Councils in calling for a the Victorian
Government to introduce container deposit legislation into
parliament (05 August 2019).
More...
NSW
One Year Reprieve for Council Emergency Services
Levy
The NSW Government today announced it would fund the
increase in the emergency services levy for NSW councils this
financial year to meet the cost of new workers' compensation
for firefighters (13 August 2019).
More...
Trees tumble as developer tries to reactivate
decades-old council approval
There are fears important wildlife habitat is being
destroyed as a developer tries to enact a 1984 site approval on the
New South Wales north coast (09 August 2019).
More...
Queensland
More than 900 councillor conduct complaints made in last
financial year
A record 917 complaints were made about councillor conduct
in the past financial year with the Office of the Independent
Assessor receiving 824 complaints in just over six months, 240 in
the last quarter. The Independent Assessor said there was a 466 per
cent increase in the number of complaints received in the financial
year which raised 1,200 separate issues or allegations (16 August
2019).
More...
Arts and cultural experiences exclusive to Regional
Queensland
Regional Queenslanders can engage with arts and culture in
their local communities with 59 local governments set to share in
more than $4 million under the 2019-20 funding for the longstanding
Regional Arts Development Fund (RADF) (15 August 2019).
More...
COAG leaders agree to ban the export of recyclable
waste
At the recent COAG general meeting, COAG agreed Australia
should establish a timeline to ban the export of waste plastic,
paper, glass and tyres while building Australia's capacity to
generate high value recycled commodities (12 August 2019).
More...
Former Ipswich mayor avoids jail for 'calculated and
cunning' fraud
Former Ipswich mayor Andrew Antoniolli won't spend any
time behind bars after being sentenced over 13 fraud-related
offences, with his defence barrister saying he will "pay for
this offending for the rest of his life (09 August 2019).
More...
Will it ever rain again?: More Queensland towns reeling
in worst drought on record
As Stanthorpe faces running dry within months the local
council discusses its options with the Queensland Government and
gets set to impose heavy water restrictions (08 August 2019).
More...
In Practice and Courts
Australian Road Research Board (ARRB): Best Practice
Guides
A series of technical guides are in development to assist
councils in road design, construction and maintenance. The initial
phase of this project involves a series of workshops designed for
local government to be held across Australia, to ensure the best
practice (08 August 2019).
More...
2019 Australian Infrastructure Audit
The Audit released this week highlights the need for a new
wave of investment and reform to ensure Australia's
infrastructure continues to support our quality of life and
economic productivity over the next 15 years.
Infrastructure Australia is calling for feedback and submissions in
response to 136 challenges and 44 opportunities identified in the
audit until 31 October 2019. Submissions identifying projects and
initiatives for the 2020 Infrastructure Priority List are also open
until 31 August. More...
An assessment of Australia's future infrastructure
needs
Infrastructure Australia: 13 August 2019
The 2019 audit covers transport, energy, water, telecommunications
and – for the first time – social infrastructure, and
looks at the major challenges and opportunities facing
Australia's infrastructure over the next 15 years and beyond An assessment of
Australia's future infrastructure needs
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.
More...
NSW
The effect of lockout and last drinks laws on
non-domestic assaults in Sydney: an update to March 2019
NSW Bureau of Crime Statistics and Research: 08 August
2019
This research set out to examine the long term impact of the 2014
NSW liquor law amendments on non-domestic assaults in Kings Cross,
the Sydney CBD and surrounding areas. As in previous studies, a
significant reduction in non-domestic assaults in the Kings Cross
and Sydney CBD precincts was revealed. More...
OLG Publications: Council Circulars
06/08/2019
19-16 New Property Acquisition Standards to apply immediately to
all acquiring authorities in New South Wales, including all general
purpose and county councils
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
Biodiversity Conservation Trust (BCT) Guidelines:
Conservation Agreements as Conditions of Consent
These relate to both conservation agreements that are
included in a condition of consent for a development or agreed to
as part of a planning proposal. These guidelines
have been developed to provide a consistent approach for the BCT,
development proponents, councils and planning authorities in
delivering conservation agreements associated with development (15
August 2019).
More...
Consultation on Short-Term Rental Accommodation
The NSW Government is seeking feedback on its draft
regulatory framework for short-term rental accommodation (STRA),
including a state environmental planning policy and a mandatory
code of conduct. The government is also considering the
introduction of a new industry-led STRA property register -
Submissions close 11 September.
More...
Boarding Houses Review
As part of its review of the Boarding Houses Act
2012, the NSW Government is seeking feedback on a discussion
paper. Councils have responsibilities under the Boarding Houses
Act to monitor and inspect boarding houses and ensure they
meet certain safety and accommodation standards. It is also a
matter for councils to decide what action to take regarding
breaches identified during inspections, or where residences are
suspected of operating as unregistered boarding houses -
Submissions close 8 October 2019.
More...
Queensland
LGAQ: Apply now: Illegal Dumping Partnerships
Program
Applications are now open for the
Illegal Dumping Partnerships Program that provides $2 million
in funding to councils over two years to monitor, act on and
prevent illegal dumping activities. Applications close 11 September
2019.
Apply now: Illegal Dumping Partnerships Program (12 August
2019).
More...
Local Government Bulletins
No 3: Submission of Local Government Financial
Forecasts
This Bulletin is to advise local governments of the
requirement to submit long term financial forecasts to the
Queensland Treasury Corporation (QTC) and the Department of Local
Government. To enable QTC to complete the ABA of local governments,
every Local Government with existing QTC borrowings as at 30 June
2019, and also those seeking new borrowings in 2019–20, are
required to submit their latest long-term financial forecasts
electronically by 30 August 2019 (12 August 2019).
More...
Have your say: Energy from Waste Policy discussion
paper
The Queensland Government has released a discussion paper
outlining the proposed role for energy from waste, how it could
support the implementation of the
Waste Management and Resource Recovery Strategy and support the
State's transition to the principles underpinning the circular
economy. Energy from waste involves converting waste materials into
fuels, or energy in the form of electricity, heat, or
cooling.
Queenslanders can have their say on the
Energy from Waste Policy Discussion Paper. To make a
submission, visit the
Queensland Government website. Submissions close on 26 August
2019.
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...
$70 million for job-creating regional infrastructure
projects
The Palaszczuk Government's successful $365 million
Building our Region's (BoR) program has
entered its next phase, with details of the $70 million Round 5
revealed. Councils have four weeks, from 5 August, to submit their
expressions of interest via the Building our Regions
portal.
Councils with shortlisted projects will then be invited to prepare
and submit a business case with detailed supporting information for
each project. Visit the Building our Regions
webpage to learn more.
More...
LGAQ: Have your say: Model Code for Neighbourhood Design
and proposed mandatory provisions
The consultation paper proposes that a range of components
from the new Model Code be made mandatory for all new residential
developments in Queensland. Please provide your thoughts on this
before 26 August 2019.
More...
Cases
NSW
Primo Developments Sydney Pty Ltd v Woollahra Municipal
Council [2019] NSWLEC 1380
DEVELOPMENT APPEAL – impact on state heritage
item – heritage conservation area – residential
apartment development – potential view loss
All in Project Management Pty Ltd v Waverley
Council [2019] NSWLEC 1374
DEVELOPMENT APPLICATION – rooftop terrace
– car stackers – vehicle manoeuvrability – onsite
pedestrian safety – site suitability – partial
consent
ABC Planning Pty Ltd v Cumberland Council
[2019] NSWLEC 1278
DEVELOPMENT APPLICATION – residential apartment
development – Auburn Town Centre – key sites
development – site isolation – stormwater detention
– street wall height
Noubia Pty Ltd v Coffs Harbour City
Council [2019] NSWLEC
113
CIVIL ENFORCEMENT: declarations sought as to value of lots
of land dedicated to or acquired by Council for public purposes
– three lots of land transferred to Council pursuant to
condition of development consent for a subdivision –
determination of value of two of the lots of land – question
of liability to pay compensation for the third – highest and
best use – hypothetical development scenario – claims
for stamp duty – undertaking of Council to pay compensation
– construction of condition of development consent –
alternative claims for relief discontinued
Café Great Pty Ltd v Oh
[2019] NSWCATAP 203
Retail lease – extension of time to appeal –
no error of law – no demonstrated basis for leave to appeal
on alleged error of fact
Chen v Cumberland Council [2019]
NSWLEC 1375
DEVELOPMENT APPLICATION – boarding house –
visual and physical character compatibility – amenity –
parking – landscaping
Visionary Investment Group Pty Ltd v Wollongong City
Council (No 2) [2019] NSWLEC
1364
DEVELOPMENT APPLICATION – subdivision –
community title – owner's consent – golf course
– contamination – streambank stabilisation –
availability of water and wastewater infrastructure –
assessment of off-site impacts – Grampian condition –
modification of existing consent
The Bunker 2017 Pty Ltd v North Sydney
Council [2019] NSWLEC
1365
DEVELOPMENT APPLICATION AND BUILDING INFORMATION
CERTIFICATE APPLICATION – whether the consent of the owners
corporation is required for the making of a Building Information
Certificate application in respect of works within a lot in the
strata plan – whether works that rely or encroach on common
property require the consent of the owners corporation as the owner
of land to which the development relates – whether the
proposal for the use of a commercial lot as an office has an
unacceptable impact on the amenity and security of the mixed-use
building
Abrams v The Council of the City of
Sydney (No 5) [2019] NSWLEC
1368
DEVELOPMENT APPEAL– new residential flat building
– remitted matter – variation to height control -
variation to floor space ratio control – whether the
variation request is well-founded – whether the objectives of
the controls are met – sufficiency of environmental planning
grounds
Legislation
Competition
and Consumer (Price Inquiry—Water Markets in the
Murray-Darling Basin) Direction 2019
08/08/2019 – This instrument requires the Australian
Competition and Consumer Commission to hold a price inquiry into
markets for tradeable water rights relating to water in the
Murray-Darling Basin.
NSW
Regulations and other miscellaneous instruments
Civil
Liability Regulation 2019 (2019-384) — published LW 16
August 2019
Proportionate liability under the Environmental Planning and
Assessment Act 1979 – civil action for loss or damage
arising out of or in connection with defective building work or
defective subdivision work (as referred to in Division 6.6 of Part
6
Environmental Planning Instruments
State
Environmental Planning Policy (Housing for Seniors or People with a
Disability) Amendment (Heritage Conservation Areas Exemption)
2019 (2019-394) — published LW 16 August 2019
Queensland
Subordinate legislation as made – 16 August
2019
No 153
Environmental Protection (Air) Policy 2019
The purpose of this policy is to achieve the object of the Act in
relation to the air environment. This regulation commences on 1
September 2019
No 154
Environmental Protection (Noise) Policy 2019
The purpose of this policy is to achieve the object of the Act in
relation to the acoustic environment. This regulation commences on
1 September 2019
No 155
Environmental Protection Regulation 2019
This regulation commences on 1 September 2019
No 156 Environmental Protection (Water and Wetland Biodiversity) Policy 2019
Subordinate legislation as made – 09 August 2019
No 151
Nature Conservation (Wildlife Management) (Infrastructure)
Amendment Regulation 2019
No 152
Building and Other Legislation Amendment Regulation 2019
This Regulation is made under the Building Act 1975 and
the State Penalties Enforcement Act 1999. This Regulation
permits private building certifiers to continue to perform their
function, improves the administrative and regulatory functions of
the QBCC in administering the combustible cladding checklist
process, imposes penalties against registered owners for not taking
required actions, and requires that fire engineers notify building
owners and the QBCC when they reasonably believe a private building
will require risk mitigation measures. This Regulation was notified
on 9 August 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.