In the media
Retirees encouraged to 'get amongst it' to stay
active
An aging population brings with it increased
responsibilities for local governments wanting to enhance the
health and well-being of their community. To facilitate this, a new
Australian web-based resource has been developed (09 November
2018).
More...
Urban forests: Councils tackle urban tree decline
Local governments are exploring creative ways to revive
greenery in cities as growing populations and urban density put
tree cover at risk (05 November 2018).
More...
New NHVR guides for PBS approvals
The NHVR has released a new PBS Vehicle Configurations
chart showing 32 common combinations approved under the Performance
Based Standards (PBS) scheme. The material
provides road managers with robust and detailed information about
the PBS approval process and the type of safety features that are
common. It will assist them to make informed decisions about which
vehicles can safely access their local roads, intersections and
bridges (02 November 2018).
More...
ALGA federal election advocacy focus: Support
communities with their climate change response
Councils in Australia are committed to playing their role
and many councils have responded to the climate change challenge by
adopting proactive strategies to reduce emissions and to adapt to
unavoidable climate change impacts through climate change risk
assessments and adaptation plans (02 November 2018).
More...
Councils call out worsening financial burden
Cost shifting and inadequate federal grants are
compromising public infrastructure and services, local governments
say. While the Federal Government's 2018 budget saw the
restoration of indexation to financial assistance grants, councils
have consistently criticised the lack of increases to the funding,
which experts say is crucial (01 November 2018).
More...
Sweden's sustainable cities a lesson for
Australia
The involvement of local government has been essential to
Swedish city's remarkable carbon emissions reduction success,
experts say. Professor Brendan Gleeson, director of the Melbourne
Sustainable Society Institute, says Australian councils can learn a
lot from Swedish local governments' success in driving down
emissions (26 October 2018).
More...
Queensland
LGAQ: Waste levy should be deferred to mid-2019
The Local Government Association of Queensland has warned
that some councils will simply not be able to build or properly
fund the new infrastructure required to administer the levy if the
Government presses on with its proposed levy start date of 4 March
2019 (08 November 2018).
More...
LGAQ: Expand carbon farming in your region
The Land Restoration Fund Pilot Projects Program provides
$5 million in funding for projects that will expand the scope of
Queensland's carbon farming industry through market development
and on-ground projects that deliver carbon abatement (06 November
2018).
More...
Island 'in the middle of nowhere' gets go-ahead
for $1.2b development
There are no roads, no sewerage, no bridge, and no water
but the Queensland Government is overruling a local council by
giving the green light to a plan to build 700 homes and hundreds
more units on a remote island (05 November 2018).
More...
New online dashboard for monitoring South East
Queensland growth
The Palaszczuk Government has launched an Australian-first
new online dashboard vital to planning for South East
Queensland's projected population growth over the next 25
years. Council of Mayors (SEQ) CEO Mr Scott Smith
has supported the introduction of the online dashboard (02 November
2018).
More...
Land tax grab a burden for all
Many Townsville investors who own buildings or land assets
in the region will have recently received their land tax notices.
These will be the first assessments issued since the State
Government's land tax increases were adopted in the State
Budget. The property industry is Queensland's biggest taxpayer,
already contributing a staggering 53.7% of all state and local
government taxes, rates, fees and charges (31 October 2018).
More...
2019 Valuation Program announced
Queensland's Valuer-General has announced the local
government areas to be included in the 2019 Annual Valuation
Program (01 November 2018).
More...
Brisbane councillor investigated over 'harassment,
stalking' claims by real estate agent
Greens councillor Jonathan Sri could face thousands of
dollars in fines, and even be referred for suspension, after a
local real estate agent made a complaint about his involvement in
disputes between his company and tenants (31 October 2018).
More...
Victoria
Security upgrades begin at Flinders Street Station
The City of Melbourne has begun works to install permanent
security measures at Flinders Street Station, as part of the
Victorian Government's $50 million CBD security upgrade project
(08 November 2018).
More...
Solar farms power council's economic agenda
A small regional council's sustainability program is
creating 800 construction jobs and delivering $90 million to the
local economy. Each project has an economic value of $12 million to
the local economy, so nearly $90 million will be injected into the
economy just through the construction phase (05 November 2018).
More...
Federal contribution to Geelong City Deal
announced
The Federal Government has announced a contribution of
$154 million to the Geelong City Deal. The Government has said that
the deal will unlock the economic potential of the region's
tourism industry, revitalise the Geelong city centre and boost
emerging businesses (02 November 2018).
More...
Councils partner on population boom
Despite the sheer number of people relocating to regional
Victoria, infrastructure and services are significantly
under-resourced, local governments say. To address these challenges
the Peri Urban Group of Regional Councils has partnered with the
Victorian Planning Association to examine the impacts of a mounting
population on regional areas (29 October 2018).
More...
New South Wales
Future councils are 'interconnected'
Councils need to address their myriad challenges using a
multi-pronged approach, with the first being financial reporting.
The NSW Auditor General's first financial audit on local
government released earlier this year highlighted that key
challenges are not only common, but interconnected (08 November
2018).
More...
'Stop the blame game': waste, recycling sectors
back EPA
The waste and recycling sectors have rallied around
NSW's Environment Protection Authority and its acting chair and
CEO after the state's environment minister publicly criticised
the apparent delay in releasing a key report. The EPA says it is
contacting all councils affected by the change to their waste
management services as well as all affected landholders (07
November 2018).
More...
Tree management simplified with council's app
The Trees Mosman app is part of a suite of applications
being rolled out by Mosman Council as part of its goal to ensure
all interactions can be completed online by 2023. The council
launched its latest app – a sophisticated online parking
permit system that made it the first local government to introduce
virtual permits in NSW (05 November 2018).
More...
Cost shifting undermines financial stability of local
government
Cost-shifting onto councils means ratepayers are being
forced to pick up the tab for local infrastructure and services to
the tune of $820 million each year – about the same amount
the NSW Government plans to splash out to rebuild a single sports
stadium in Sydney (05 November 2018).
More...
Limit on NSW stamp duty increases 'too little, too
late' to help homebuyers
The State Opposition lambasts the overhaul of NSW stamp
duties, saying a savings of $500 in three years' time does
little to help future homebuyers (05 November 2018).
More...
NSW Parliamentary Inquiry - Land Release and Housing
Supply
On 25 October, the Legislative Assembly Committee on
Environment and Planning released its report into land release and
housing supply in New South Wales (01 November 2018).
More...
Population Policy Panel
The NSW Government has appointed an expert panel to
develop a population policy for NSW to address concerns about
current high rates of population growth and pressure on
infrastructure (01 November 2018).
More...
In practice and courts
Free industry Chain of Responsibility sessions continue
in November
Places are still available for free Chain of
Responsibility (CoR) information sessions during
November. The sessions explain the changes to CoR, what this means
for your council and how a Safety Management System can help manage
your operation's safety risks. For more information or to
register for a session click here.
Council feedback needed
The Australia-New Zealand Counter-Terrorism
Committee's (ANZCTC) Crowded Places Advisory
Group developed Australia's Strategy for Protecting Crowded
Places from Terrorism in consultation with states and territories,
local governments, law enforcement agencies and private sector
representatives through the Business Advisory Group. All councils
are encouraged to take a few minutes to complete this survey to
ensure the independent reviewers can make informed recommendations.
Take the survey by clicking here (02 November
2018).
Councils make up successful grant recipients to
commemorate Centenary of Armistice
More than 660 community projects – including from
councils – commemorating the 100th anniversary of the
Armistice of the First World War are set to share in more than $5.3
million under the Armistice Centenary Grants Program. This is the
latest announcement of successful community projects awarded
funding and details by state are available on
the Minister's website. Further announcements of successful
grant recipients will be made over the coming weeks (26 October
2018).
Regional Growth Fund - Council projects proceed to
assessment stage
Seven transformational council regional infrastructure
projects are a step closer to becoming a reality with applicants
asked to submit full business cases for approval under the
Australian Government's $272.2 million Regional Growth Fund.
More information about the projects is available
here (26 October 2018).
More...
Round 4 of the Mobile Black Spot Program now open
The Australian Government released the guidelines for
Round 4 of the Mobile Black Spot Program and called for
applications from mobile network operators and infrastructure
providers, including local government, to the Round 4 competitive
assessment process. Applications will be open until 10 December
2018. To apply and for more information click here.
Disaster Recovery Funding Arrangements 2018
The Funding Arrangements now apply in respect of eligible
events that occur on or after that date. All eligible events
occurring up to and including 31 October 2018 will be governed by
the Natural Disaster Relief and Recovery Arrangements
(NDRRA) Determination 2017. Under these
arrangements, the state or territory government determines which
areas receive assistance and what assistance is available to
individuals and communities.
More...
Building Better Regions Fund: Round 3
Regional tourism and local jobs are front and centre of
the latest round of the Building Better Regions Fund, with regional
Australia set to share in $200 million for local infrastructure and
community-building projects. Applications closed on 15 November
2018. For further information on eligibility, please click here.
National Local Roads and Transport Congress, 20-22
November 2018, Alice Springs, NT
The theme for the 2018 Congress is 'Connecting
transport networks now and into the future'. The key benefit of
improved transport connectivity is its transformational effects -
making cities and regions more accessible, more liveable and
creating opportunities for economic development that could not
otherwise exist. Registration
is open.
Queensland
LGAQ: Have your say on GAB management
The Australian Government has extended the deadline to
submit comments on its Draft Great Artesian Basin Strategic
Management Plan 2018. Comments on the plan could be made up until 9
November 2018 (01 November 2018).
More...
Local Government Act 2009:
Redland City Council (Making of Local Law) Notice (No. 7)
2018
Commencement 4 February, 2019. Redland City Council has,
by resolution dated 24 October 2018, made Subordinate Local Law No.
1.19 (Placement of Shipping Containers, Railway Carriages and other
Objects on Land) 2018 (09 November 2018).
Local Government Act 2009:
Redland City Council (Making of Subordinate Local Law) Notice (No.
6) 2018.
Commencement: 09 November 2018. Subordinate local laws
being amended: 4. Amending Subordinate Local Law No. 8 (Subordinate
Local Law No. 4 (Local Government Controlled Areas, Facilities and
Roads); 2015) 2018 amends Subordinate Local Law No. 4 (Local
Government Controlled Areas, Facilities and Roads) 2015 (09
November 2018).
LGAQ: The Queensland Plan is being reviewed
The Queensland Government is seeking feedback from
community and business organisations around The Queensland Plan,
Queenslander's 30-year vision for the state. Members are
invited to provide their feedback around whether, five years after
its release, the vision outlined in The Queensland Plan is still
appropriate. The Consultation Paper and a feedback form are
available online here.
Submissions closed on 7 November 2018.
Regulated waste amendment approved
The Environmental Protection (Regulated Waste) Amendment Regulation
2018 will commence on 4 February 2019. The regulation
establishes the types of waste for regulated waste categories 1 and
2.
More...
Proposed changes to the Economic
Development Act
The Economic Development and Other Legislation Amendment
(EDOLA) Bill 2018 was introduced into the
Queensland Parliament on 19 September 2018. Amendments are proposed
for more than eight Acts through the EDOLA Bill. A copy of the
Bill and the Explanatory Notes is available from the Queensland
Parliament website.
More...
Reminder: Building our Regions Queensland
Building our Regions is a $445 million targeted regional
infrastructure program for local government projects. To date,
Building our Regions has allocated $225 million across
174 projects. From the expressions of interest received in
Round 4,
53 projects have been shortlisted. Successful projects are
expected to be announced in late 2018.
Reminder: New Councillor Code of Conduct
The Code of Conduct can be viewed here. Note
that 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.
QRA ready for disaster funding reform
To assist with the implementation, QRA has developed the
Management and Reporting System (MARS), an online
application designed to streamline the disaster funding submission
process. MARS is used for events as of 1 November 2018, in line
with the implementation of DRFA. More...
Queensland container refund scheme
Queensland's container refund scheme commenced on 1
November 2018, with more than 230 container
refund points in operation across the state. The number of
these sites will continue to grow as the scheme rolls out.
Victoria
Audit: Reporting on local government performance
Expected to be tabled in March 2019.
Objective: To determine the relevance, appropriateness and fair
representation of key local government performance measures and the
extent to which the Local Government Performance Reporting
Framework (LGPRF) drives council performance and
improvement.
Issues: The Local Government Act 1989 makes councils
accountable to their local communities for the way they perform
their functions, exercise their powers and use their resources.
More...
Seven councils implement new ESD policies
Seven councils have had their local Environmentally
Sustainable Development (ESD) Policies approved by
the Minister for Planning in Amendment GC110. The Cities of
Brimbank, Greater Bendigo, Greater Dandenong, Hobsons Bay,
Kingston, Whittlesea and Wyndham join 10 other councils with an
identical ESD Policy. Congratulations to these councils and to all
Council Alliance for a
Sustainable Built Environment (CASBE) councils who have
collaboratively worked on this initiative (09 November 2018).
New South Wales
Renegotiation of the Local Government (State)
Award
LGNSW will begin negotiations with local government unions
early next year to agree to a new award to replace the Local
Government (State) Award 2017. As it has done in the past,
LGNSW is establishing an award working party to assist in the
negotiations. Submit EOIs by Friday 22 February 2019 (09 November
2018). More...
Recycled glass in roads
NSW Roads and Maritime Services (RMS) is
encouraging councils to consider using recycled glass in local
roads. RMS is establishing demonstration projects and case studies
to show the benefits, standards/specifications, testing regimes,
life cycles and costs of using recycled glass sand in roads (09
November 2018). More...
NSW Public Lighting Code
The NSW Department of Planning and Environment's
updated
Public Lighting Code will come into effect on 1 July 2019. The
new code's introduction coincides with the beginning of the
next five-year revenue determination for NSW distributors. Until
then the existing code, which is voluntary, continues to apply.
Have your say: Short-term rental accommodation
amendments
The NSW Department of Environment and Planning
(DPE) sought feedback on proposed changes to the
planning system for
short-term rental accommodation (STRA). For
further information see the
Explanation of Intended Effects. Submissions were due by 16
November 2018.
Inland Code commences 1 January 2019
The NSW Government has released an
inland code, allowing one and two storey homes, home
renovations and some farm buildings to be treated as complying
development. The inland code applies to 69 local government areas
and will commence on 1 January 2019, giving councils and industry
time to understand the new requirements. Visit the
DP&E website for more information.
Cases
New South Wales
Sanctuary Cammeray No 2 Pty Ltd v North Sydney
Council [2018] NSWSC 1699
REAL PROPERTY - Imposition of easement by court - s 88K of
the Conveyancing Act 1919 (NSW) – where the grant of
easement is unopposed - whether grant of easement is
'reasonably necessary' - whether grant of easement is
consistent with the public interest – where quantum of
compensation to be paid is agreed between the parties.
Newcastle City Council v Newcastle East Residents
Action Group Inc [2018] NSWCATAP
254
APPEAL – Administrative law – access to
government information – where residents action group
requested access to information in documents relating to the
Newcastle 500 Supercars Event – whether Tribunal had erred in
providing access to certain information – re-determination on
merits – whether there is an overriding public interest
against disclosure of information.
O'Grady v Sutherland Shire Council
[2018] NSWCATAD 253
ADMINISTRATIVE LAW – Government information –
whether proceedings lacking in substance – costs.
INA Operations Pty Ltd ATF INA Operations Trust No. 6 v
Hawkesbury City Council [2018] NSWLEC
1582
DEVELOPMENT APPLICATION - Expansion of an existing caravan
park to add 208 long term residential sites - whether the
development is inconsistent with the zone objectives - whether the
development, including the increase in residential density, is
incompatible with the rural character of the area - whether the
necessary community facilities and services are available in the
locality - whether separation to adjoining land is adequate -
resident objectors.
Jigari Pty Ltd v City of Parramatta
Council [2018] NSWLEC 1568
DEVELOPMENT APPEAL - Two storey town house redevelopment
– infill self-care housing - consistency with the character
of the area - variation to standard sought – standard
requires single storey development to the rear of the site –
potential impacts on the visual and acoustic privacy of adjoining
residential lots.
Knight v Coffs Harbour City Council
[2018] NSWLEC 1569
APPEAL – Development application – residential
flat building – breach of the height development standard
– bulk and density – visual and acoustic privacy.
Legislation
Queensland
Bills
Economic Development and Other Legislation Amendment
(EDOLA) Bill 2018
Introduced to Queensland Parliament on 19 September.
Amendments are proposed for more than eight Acts through the EDOLA
Bill. A copy of the
Bill and the Explanatory Notes is available from the Queensland
Parliament website.
Subordinate legislation as made
Reminder: No 158
Housing Legislation (Building Better Futures) Amendment
(Postponement) Regulation 2018 – 19 October 2018
The postponed law now automatically commences on 11 November
2019.
No 170
Aboriginal Land (North Stradbroke Island) Amendment Regulation
2018 – 02 November 2018
Amends the Aboriginal Land Regulation 2011 to redescribe
transferable land and to redescribe areas of land identified in a
change to the boundaries of a city, as is defined and provided for
under the Aboriginal Land Act 1991. The Regulation
commenced on 2 November 2018.
New South Wales
Proclamations commencing Acts
Forestry Legislation Amendment Act 2018 No 40 (2018-620)
— published LW 9 November 2018
Regulations and other miscellaneous instruments
Forestry
Amendment Regulation 2018 (2018-627) — published LW 9
November 2018
Local
Land Services Amendment (Private Native Forestry) Regulation
2018 (2018-628) — published LW 9 November 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.