In the media
Call to nominate mobile black spots
The Federal Government is calling on mobile black spot
nominations from local, territory and state governments, as well as
Federal Members of Parliament, to identify locations for the next
round of the $220 million Mobile Black Spot Program. The Government
will soon call for applications from carriers to be selected
through a competitive process. For more information on the program
click here (14
September 2018).
More...
Australian cities produce $127 billion at night
The Council of Capital City Lord Mayors
(CCCLM) has completed the 2016 and 2017 research
measuring the Australian night time economy. The report, available here,
provides analysis of each of the member-councils contributing to
the report, including Australia's capital cities as well as the
cities of Newcastle, Parramatta, Gold Coast, Port Phillip and
Maroondah (14 September 2018). More...
Advancing sustainable purchasing in Australian local
governments
A new study aims to better understand the barriers and
facilitators of effective purchasing, procurement, and waste
management for local governments, including the social, economic,
and environmental implications. The team is inviting local
government professionals (e.g. managers, directors, and officers)
to participate in an anonymous and confidential 15-20 minutes
online survey (14 September 2018).
More...
Sensible water use and protecting your greenspaces
Local governments across the country have embraced the
greenlife revolution in an effort to achieve a 20% increase in
urban greenlife by 2020. But with concerns about the drought and
water restrictions on the horizon for many states, there may be
some uncertainty about the use of water for greenlife (14 September
2018).
More...
ALGA: Australians agree, federal election focus should
be local
Findings of a poll published in a federal election
advocacy document have revealed that 81% of Australians agree that
political candidates should focus on local issues and local
communities at the next federal election (13 September 2018). More...
New waste policy to include targets, performance
reporting
Australia would reduce its total waste by 10 per cent per
capita by 2030 if proposals for a revised national waste policy are
adopted. The updated national waste policy would be supported by
the development of action plans by 2020 to outline priorities
including landfill levies, research and regularly incentives (13
September 2018).
More...
Bullying endemic in councils, Fair Work turns staff
away
There are calls for reform of a legal loophole that sees
council staff affected by bullying denied access to the Fair Work
Commission. The local government sector ranks among the top of all
sectors for worker compensation claims of bullying according to the
federal watchdog Safe Work Australia (11 September 2018).
More...
National waste plan out for discussion
The Department of the Environment and Energy has issued a
Discussion Paper on plans to update the nation's policies on
waste control. In April, the Commonwealth, State, Territory and
Local Governments committed to set a sustainable path for the
nation's recyclable waste with an agreement to work together to
better manage it, including updating the 2009 National Waste Policy
by the end of the year (10 September 2018).
More...
Australian Research Council's Local Government and
Housing in the 21st Century Linkage Project
Late last year, councils were asked to complete a survey
as part of the Australian Research Council's Local Government
and Housing Project, led by Professor Andrew Beer of the University
of South Australia. With the results of that survey now available,
compiled in the recently-released report Housing Locally, the
findings challenge many of the preconceptions of the federal and
state governments around the role of local government and housing
(7 September 2018).
More...
Safer communities funding to combat anti-social
behaviour available
Grants of up to $1 million for security measures to
address crime and anti-social behaviour in community spaces are now
available for local governments under a new Safer Communities Fund
(3 September 2018).
More...
Queensland
Yeppoon heritage rail precinct steams ahead
There will soon be movement at the station when the
Palaszczuk Government calls for expressions of interest in the
renewal of Yeppoon's heritage rail precinct, to be known as
Station Quarter, in the heart of Yeppoon. Livingston Shire Council
Mayor Bill Ludwig says the development will greatly benefit the
community and deliver a long-term economic boost. The invitation
for expressions of interest will close Monday 29 October 2018 (14
September 2018).
More...
Council orders changes to West End development after
community backlash
A proposal for a 12-storey U-shaped building with 446
units in West End has been slammed by residents as
"excessive" and called out by Brisbane City Council for
not meeting planning guidelines. An application was submitted to
the council on January 3 to demolish existing warehouse and office
buildings at 117 Victoria Street to make way for a 12-storey
residential tower (13 September 2018).
More...
Queensland communities to benefit from improved grants
model for councils
Communities right across Queensland are set to benefit
from a simpler, more streamlined and more efficient approach to
local government grants, following the Government's commitment
to develop a new model for grant funding (12 September 2018).
More...
A jungle of rooftop greenery: Council makes green roof
push
Developers will be encouraged to include rooftop gardens
and communal space on new apartment projects under proposed changes
to Brisbane's City Plan. These changes will allow new
developments to include a rooftop communal area, without listing it
as an additional storey (11 September 2018).
More...
Palaszczuk Government launches $100 million waste
management revolution
A $100 million Palaszczuk Government program which is set
to revolutionise Queensland's recycling, resource recovery and
biofutures industries is now open. This funding will be available
to support local governments and existing businesses and will
attract new major projects to Queensland (10 September 2018).
More...
Hotel fire sparks concerns Queensland heritage
protection is failing
The fire that gutted Brisbane's historic Broadway
Hotel prompts renewed concerns that Queensland's heritage
protection laws are not being properly enforced (9 September 2018).
More...
Waste levy: Does not clean up councils concerns
The Palaszczuk Government's unveiling of its waste
levy legislation has local councils continuing to grapple with how
they are expected to collect this new tax for the State (7
September 2018).
More...
New Councillor Code of Conduct to enforce higher
standards in Local Government
A new Councillor Code of Conduct spelling out the minimum
behaviour required of Local Government elected representatives has
been released (7 September 2018).
More...
New charges laid against former Ipswich mayor Andrew
Antoniolli
Prosecutors drop seven fraud charges against former
Ipswich mayor Andrew Antoniolli and replace them with 14 new
charges as prosecutors seek to have the six-day trial delayed (7
September 2018).
More...
Rockets could launch from Queensland as push to become
space hub takes off
The State Government sees Queensland playing a leading
role in developing space technologies like rockets, satellites and
even launch zones, with a new inquiry to examine how the state
could become the country's space hub (6 September 2018).
More...
Victoria
Slashing red tape to boost local businesses and create
jobs
By November this year, the Labor Government will have
delivered on its 2014 election promise to reduce Victoria's
gross regulatory burden by 25 per cent. More than 250 new
initiatives have been put in place to meet this commitment. These
include: simplifying and streamlining the way Councils require,
access and collect developer contributions to pay for
infrastructure (14 September 2018).
More...
EPA continues to support recovery efforts in West
Footscray
Environment Protection Authority Victoria
(EPA) continues to support Maribyrnong City
Council in its role as the lead agency of the recovery efforts
following the West Footscray factory fire (14 September 2018).
More...
Wind farm noise affecting residents' wellbeing,
court-ordered investigation finds
Noise from a wind farm is adversely impacting on the
comfort and wellbeing of residents living at surrounding
properties, a new report commissioned by an eastern Victorian
council has found (13 September 2018).
More...
'I hope everyone knows your name': Magistrate
blasts Corkman developers over asbestos dump
A magistrate says he would have jailed two Melbourne
developers if he had the power to, after they pleaded guilty to
dumping asbestos from an illegally demolished historic pub near
homes and a childcare centre (12 September 2018).
More...
Building communities in the Yarra Ranges
The Minister for Local Government Marlene Kairouz
announced $50 million in grants that will go towards 45 new
projects in growing suburbs, as part of the 2018/19 Growing Suburbs
Fund (12 September 2018).
More...
Million-dollar revamp for Morwell's CBD
Grants announced will allow work to get underway on the
Future Morwell Streetscape Upgrade Project. The Labor Government
project is being led by Latrobe City Council and a steering group
of community members (12 September 2018).
More...
Population plan needed to improve regional
liveability
Local government collectively shares the concern that our
rapid population boom is far from equal in its impact on the whole
state. The Municipal Association of Victoria (MAV)
has called on all political parties contesting the November state
election to develop a Victorian Population Strategy 2050
to better manage growth and opportunities, and improve the
long-term outcomes for our rural and regional areas (10 September
2018).
More...
New South Wales
Rate cap meets increased costs, but that's it
The 2.7% cap on council rates for 2019-20 reflects some of
the rising costs faced by councils – but it's still just
a political sleight of hand, Local Government NSW
(LGNSW) said , after the IPART announced rate
rises in 2019 would be capped at 2.7%, reflecting an equal rise in
a range of costs borne by local government (11 September 2018).
More...
Councils share in $150m program as part of Western
Sydney City Deal
Eight local councils across the future Western Parkland
City will share in a $150 million Liveability Program to provide
high quality community infrastructure and public spaces, as part of
the Western Sydney City Deal (7 September 2018).
More...
Tough new behaviour code for councillors
Tough new codes of conduct for local councillors are
coming into force that crack down on gifts and benefits and require
formal training for councillors and Mayors. Local Government
Minister Gabrielle Upton said the reforms are needed to ensure the
conduct of local councillors meets the expectations of the
community (03 September 2018).
More...
In practice and courts
Australian Tourism Data Warehouse
Councils can subscribe to the Australian Tourism Data
Warehouse (ATDW) to market local accommodation and
tourism attractions on council destination websites. The ATDW hosts
more than 40,000 listings of places to stay, attractions, events
and tourism services across Australia. The disability inclusion
data is available to councils and other ATDW subscribers. More...
Discussion paper: Updating the 2009 National Waste
Policy - Less waste, more resources
This paper is intended to inform discussion and does not
represent official positions of the contributors. Feedback closes
on 5 October 2018. Feedback may be submitted through an online
survey available
here.
Safer Communities Fund round three - Infrastructure
grants
Provides local councils and community organisations with
grants of up to $1 million for security infrastructure activities
to address crime and anti-social behaviour in public or community
spaces. Applications closed on 25 September 2018.
More...
Free assessment tool for road managers
The National Heavy Vehicle Regulator
(NHVR) and the Australian Road Research Board have
launched an updated version of the Restricted Access Vehicle Route
Assessment Tool (RAVRAT). RAVRAT 2.0 provides
local governments with a consistent assessment methodology for
assessing heavy vehicle access requests. The tool has been
integrated with the NVHR Portal - Road Manager Module. It currently
incorporates three main route assessment modules with more to be
developed in the future. Register online for
RAVRAT services.
My Health Record information for councils - Your health
record in your hands
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.
Reminder: Australian Digital Health Agency three month
"opt-out period" for My Health
Record
As
announced by the Australian Digital Health Agency, every
Australian will be offered a My Health Record unless they choose
not to have one during the three-month opt out period which has
been extended to 15 November 2018.
Queensland
Local Government Bulletin No 09/18: Local Government
Borrowings and Working Capital Facilities
2018–19
This Bulletin is to advise Local Governments of the
procedure for submitting loan borrowing and/or Working Capital
Facility (WCF) applications for the 2018-19
financial year. An updated LGFM needs to be attached to the
borrowing application where a Local Government's long-term
financial forecast has changed significantly since its initial
submission to QTC and the Department on or before 14 September
2018, in line with
Bulletin 8/18.
New Councillor Code of Conduct
All Councillors must declare that they will abide by this
Code of Conduct when they are elected. It applies to all Councils,
except Brisbane City Council which has a separate Code. The Code of
Conduct can be viewed here. Note:
From 3 December 2018 the Independent Assessor and the Office of the
Independent Assessor (OIA) will assess and
investigate councillor conduct complaints. The Code of Conduct will
take effect on 3 December.
Reminder: Safer Buildings Website
The 'Safer
Buildings' website will be the portal through which
building owners register and begin the new statutory three stage
process, aimed at identifying buildings in Queensland that may have
potentially combustible cladding. The regulation come into effect
on 1 October 2018. The website also includes the relevant
forms.
LGAQ: Protecting our animals
The way in which we protect the places where native
animals are mostly likely to breed is currently under the
microscope in Queensland. Have your say by 2 October 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. To assist
with the implementation, QRA has developed Management and Reporting
System (MARS), 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...
Queensland waste disposal levy
From 31 August 2018, local governments can apply for
funding under the 2018-19 Local Government
Levy Ready Grant Program, which supports infrastructure
improvements at waste disposal facilities. The 2018-19 Local
Government Levy Ready Grant Program will be open for local
government submissions between 31 August and 12 October 2018. More...
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
VAGO Report follow-up
A
follow-up report from VAGO on an audit tabled in 2014 on
Oversight and Accountability of Committees of Management found
that the governance of Committees of Management required
significant improvement. This follow-up audit report looks at the
progress DELWP has made in responding to the 11 recommendations
made (5 September 2018).
New South Wales
Privacy Code of Practice for Local Government
The NSW Office of Local Government (OLG)
is reviewing the
Privacy Code of Practice for Local Government. The code
modifies the Information Protection Principles applicable to local
government and the public register provisions in Part 6 of the Act.
The closing date for submissions to OLG is 30 September 2018. More...
New rate peg announced
Councils will be able to increase the revenue they can
collect from rates by a maximum of 2.7 per cent in 2019-20 under
the
new rate peg announced by the Independent Pricing and
Regulatory Tribunal (IPART). The LGCI increased by
2.7 per cent in the year to June 2018, exceeding the Australian
consumer price index (CPI) June 2018 of 2.1 per
cent and the Reserve Bank forecast CPI for 2018/19 of 2.25 per cent
(11 September 2018).
More...
Cases
Queensland
Balens v Moreton Bay Regional Council
[2018] QCAT 297
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
dog declared dangerous dog – where history of non-compliance
with requirements of declaration – where dog seized –
whether discretion to issue destruction order in respect of dog
should be exercised.
Waugh v Goondiwindi Regional Council
[2018] QCAT 296
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – dog
destruction order – where one animal was killed and another
mortally injured as a result of an attack by dogs.
New South Wales
Roads and Maritime Services v Desane Properties Pty
Ltd [2018] NSWCA 196
(1) Appeal allowed.
PUBLIC LAW – compulsory acquisition of property – issue
of proposed acquisition notice – whether proposed acquisition
notice complied with legislative requirements – Land
Acquisition (Just Terms Compensation) Act 1991 (NSW) –
whether compliance with procedural requirements an essential
pre-condition to the validity of acquisition – whether
proposed acquisition notice was non-compliant with form approved by
Minister – whether substantial compliance with approved form
was sufficient – Interpretation Act 1987 (NSW), s
80(1) – whether approved form was consistent with empowering
Act – whether Act required proposed acquisition notice to
state the public purpose of acquisition.
PUBLIC LAW – compulsory acquisition of property –
whether land was sought to be acquired for an improper purpose
– Roads Act 1993 (NSW), s 177(1) – whether
purpose assessed at time of acquisition or time of notice.
STATUTORY INTERPRETATION – Land Acquisition (Just Terms
Compensation) Act 1991 (NSW), ss 11, 15, 33, 39, 69.
CIVIL PROCEDURE – court of appeal – cross-appeals
– whether to grant injunction restraining issue of proposed
acquisition notice in circumstances where notice not invalid.
Land Acquisition (Just Terms Compensation) Amendment Act
2016 (NSW); Local Government Act 1993 (NSW).
McEwan v Port Stephens Council
[2018] NSWCATAP 211
APPEAL – ADMINISTRATIVE LAW – access to
objections to development application – balancing of
interests for and against disclosure where information sought is
open access information – public interest considerations
against disclosure – application of appeal right where part
of reasons not disclosed to appellant – adequacy of reasons
– need to address material evidence against existence of
factor relied upon to refuse disclosure.
Scott-Brydges v Lismore City Council
[2018] NSWCATAD 215
HEALTH – food safety – improvement notice
– prohibition order – compensation claim –
whether no grounds for making the order – layers of
protection analysis.
WORDS AND PHRASES – "ensure" –
"reasonable grounds" –"no grounds for making
the order".
Whittaker v Northern Beaches Council (No
3) [2018] NSWLEC 143
SEPARATE QUESTION - whether proposed development is
permissible with consent or is prohibited – applicable
principles of construction of an environmental planning instrument
– meaning of "geotechnical hazard" and
"natural hazard" – whether the term
"geotechnical hazard" is a "like description"
for "natural hazard" – held it is not –
development permissible with consent.
Wirrabara Village Pty Limited v The Secretary of the
Department of Planning and Environment [2018]
NSWLEC 138
JUDICIAL REVIEW - validity of the decision of a
delegate to revoke a site compatibility certificate – failure
to reach a necessary state of satisfaction – precondition to
the exercise of power not met – jurisdictional error
resulting in invalidity.
Legislation
Queensland
Bills Updated
Waste Reduction and Recycling (Waste Levy) and Other Legislation
Amendment Bill 2018
Introduced by: Hon L Enoch MP on 6/09/2018
Stage reached: Referred to Committee on 6/09/2018
Plumbing
and Drainage Bill 2018
Introduced by: Hon M de Brenni MP on 15/02/2018
Passed with amendment on 5/09/2018
Assent Date: 11/09/2018
Act No: 17 of 2018
Commences: see Act for details
Includes enforcement by Local Governments
Subordinate legislation as made
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.
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.
