In the media
Queensland
Solar boom 'bringing hundreds of jobs' to rural
Queensland
A renewable energy boom is reinvigorating the Darling
Downs local economy but although some landholders are eager to be
involved, not all residents are pleased about the new developments
(19 August 2018).
More...
Lavish meals, business class flights and gambling
credits: Ipswich council's dodgy culture revealed
Senior executives enjoyed lavish meals, business class
flights and received thousands of dollars in gambling credits from
developers for favours, according to a scathing Crime and
Corruption report into Ipswich City Council (15 August 2018).
More...
Operation Wind age report highlights culture and
corruption risks in Ipswich
Local Government Minister Stirling Hinchliffe said the
CCC's Operation Wind age report into culture and corruption
risks at Ipswich City Council underlines the urgent need to dismiss
Council and appoint an administrator. The report identifies a wide
spectrum of serious governance and integrity failures that make
absolutely shocking reading (14 August 2018).
More...
'Culture of fear': Damning report into Ipswich
council finds abuse of power
The Ipswich council allegedly had corrupt associations
with property developers and employees received gifts and benefits
in exchange for facilitating development applications, a new report
finds (14 August 2018).
More...
Medicinal cannabis farm approved for Brisbane's
west
Brisbane City Council has given the tick to a plan for a
cannabis farm in the city's west, but nearby residents appear
to know nothing about it (11 August 2018).
More...
LGAQ: Good move on short-term letting
These reforms are required so we can more accurately
monitor the availability of rental accommodation stock, decreased
housing affordability and negative impacts on local communities (11
August 2018).
More...
Statement from LGAQ President Mark Jamieson on Ipswich
City Council
The Local Government's Minister's decision to
proceed with the dismissal of Ipswich City Council is profoundly
regrettable if understandable (09 August 2018).
More...
A new water waste treatment plant for Bundaberg
Largest infrastructure project ever undertaken by
Bundaberg Regional Council officially opens (09 August 2018).
More...
New Bundaberg PFAS testing results available
The Queensland Government's investigation into PFAS
contamination in Bundaberg – which affected the town's
water network – has found a likely source. Soil and surface
water samples taken from within and adjacent to the Bundaberg
Airport returned higher results than other surrounding areas (09
August 2018).
More...
Riding the plastic free wave
A new pilot project has started in Noosa that focuses
around a systematic, source reduction approach to reducing the use
of disposable, single-use plastics (09 August 2018).
More...
Victoria
Helping councils deliver more affordable homes
New changes to Victoria's Planning and Environment
Act 1987 establish a framework for affordable housing, define
who is eligible for affordable housing, and create a pathway for
councils and developers to lock in affordable housing delivery as
part of a development project (15 August 2018).
More...
Funding boost for local recycling facility
The Andrews Labor Government will provide more than $1.1
million to fast-track industry-upgrade projects in Victoria's
recycling sector. The funding follows more than $1 million provided
in February as part of a $13 million package to help councils and
the recycling sector (14 August 2018).
More...
Supporting rural councils to deliver better
services
The Andrews Labor Government is helping rural and regional
councils improve services with the opening of expressions of
interest for the Rural Council Support Program. Successful projects
will improve the quality, effectiveness and affordability of
services, and allow councils to raise revenue through new streams
(14 August 2018).
More...
New appointments to waste and resource recovery
board
The Waste and Resource Recovery Groups are implementing
the Labor Government's Recycling Industry Strategic Plan with
local councils across Victoria. The 25 directors, including nine
reappointments, commenced their roles on 1 August (13 August 2018).
More...
In practice and courts
Queensland
CCC Investigations
CCC finalises Ipswich City Council investigation and tables report
in Parliament
The CCC has tabled a report in State Parliament this afternoon
following the completion of its investigation into Ipswich City
Council (14 August 2018).
More...
Further charges in Ipswich City Council
investigation
This afternoon the Crime and Corruption Commission issued two men
with Notices to Appear in Court as a result of its corruption
investigation into Ipswich City Council (10 August 2018).
More...
Culture and corruption risks in local government:
Lessons learned from an investigation into Ipswich City Council
(Operation Windage)
CCC: August 2018
The CCC's report outlines the corruption risks from
governance failures and cultural issues in local government. The
CCC has made four recommendations to address these corruption risks
across the broader local government sector.
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. To assist
with the implementation, QRA has developed MARS (Management and
Reporting System), an 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. 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. 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...
Victoria
Emergency Management Legislation Amendment Bill
2018
The Emergency Management Legislation Amendment Bill
2018 was passed in the Upper House last week and is now
awaiting Royal Assent. A new section 59F sets out the role for
councils with emergency management planning. This section reflects
that it will no longer be the responsibility of a council to
prepare a Municipal Emergency Management Plan
(MEMP) for a municipal district. Further
information is available on the
Engage Victoria website,
Officers for the Protection of the Local
Environment
Funded by the Victorian government, the $6.47 million
'Officers for the Protection of the Local Environment'
(OPLE) pilot program has seen 11 new authorised
EPA officers assigned to 13 council areas across the state, which
runs through to the end of July 2019. More...
Cases
Body Corporate for Elandra Settlers v Noosa
Council [2018] QPEC
37
ENVIRONMENT AND PLANNING – QUEENSLAND –
PLANNING AND ENVIRONMENT COURT– POWERS – DECLARATORY
RELIEF – where development approvals were finally granted for
lot reconfiguration in 2005 and material change in use 2007 –
where a condition of those approvals required another party to
provide a bushfire information kit to the applicant and for the
approval of it by the respondent, so that it could become part of
the required Fire Management Plan – where that was not done
and more recently, a document has been submitted to the respondent
as a proposed bushfire information kit – where the respondent
has not approved the bushfire information kit– where an issue
is raised as to whether the respondent retains the power to approve
any such bushfire information kit – where in any event, the
respondent has further indicated they would refuse to approve the
development approval for identified reasons, including lack of
preparedness to give what may be seen to be prospective approval of
actions in respect of bushfire management and which would otherwise
require the approval of the respondent pursuant to another
condition of the development approvals and which is also a
requirement of a registered and indefeasible covenant – where
the applicant seeks declaratory relief – whether the Court
has power to make any declaration – whether there is utility
in providing any declaratory relief – whether the respondent
retains the power to approve a document as a bushfire information
kit– whether an exercise of the respondent's discretion
to reject the proposed bushfire information kit, for the reasons
identified, would be an invalid exercise of power.
In the termination of the Lockyer Valley Regional Council
Certified Agreement (Field Staff) 2012 - CA/2012/39
[2018] QIRC 102
INDUSTRIAL LAW - APPLICATION TO TERMINATE CERTIFIED
AGREEMENT - where application for termination of agreement after
nominal expiry date - where requirements for termination.
In the making of the Lockyer Valley Regional Council
Certified Agreement (Field) 2018 [2018] QIRC
101
INDUSTRIAL LAW - APPLICATION FOR CERTIFICATION OF
AGREEMENT - where application made within 21 days of the date on
which the agreement was made - where requirements for
certification.
Legislation
Queensland
Subordinate legislation as made – 17 August 2018
No 118 Aboriginal Land (North Stradbroke Island USL) Amendment Regulation 2018
Subordinate legislation as made – 10 August 2018
No 115 Economic Development (Oxley and Yeronga PDAs) Amendment Regulation 2018
Reminder: 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.
More...
Victoria
Bills Introduced and Second Read in the first House
– 10 August 2018
Building Amendment (Registration of Building Trades and
Other Matters) Bill
Gambling Regulation Amendment (Wagering and Betting) Bill
Open Courts and Other Acts Amendment Bill
Residential Tenancies Amendment Bill
Transport Legislation Amendment (Better Roads Victoria and Other
Amendments) Bill
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.