In the media
Updated Australian Emergency Management Arrangements
Handbook
A handbook that outlines the responsibilities of all three
levels of government during emergencies and disasters has been
updated to help authorities in their preparations for future
incidents. The free Australian Emergency Management Arrangements
Handbook was guided by a working group, which included the
Australian Local Government Association (13 September 2019).
More...
Councils' Night Time Economy report
An update on the state of Australia's Night Time
Economy in metropolitan areas has found the sector employed more
than 1.1 million people in 2017-2018 and had a turnover close to
$136 billion, or nearly five percent of the total economy (13
September 2019). More...
Revised pool barriers standard
Local councils and members of the public are invited to
comment on a proposed revision of a standard covering safety
barriers for swimming pools. Standards Australia proposes expanding
elements of AS1926.1 to give additional information to pool owners,
pool users and certifiers (13 September 2019). More...
Parliament backs farmers with Criminal Code Amendment
Bill set to become law
The Australian Senate passed the Criminal Code Amendment
(Agricultural Protection) Bill, meaning tough new penalties for
those who incite trespass, property damage or theft on agricultural
land will soon become law (12 September 2019).
More...
New Future Fund to fight future disasters
A new 'Future Fund' to help rebuild communities
after major natural disasters is expected to be established this
summer with a $4 billion injection from the Commonwealth. Minister
for Finance, Senator Mathias Cormann said the fund would give the
Government an additional source of sustainable funding to draw on
in the aftermath of natural disasters (12 September 2019).
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Councils get smarter with data
Councils around the world are grappling with the ethical
issues associated with AI as part of smart city building. And they
are learning that protecting privacy is only the start (09
September 2019).
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Time to devolve local government powers: Report
The community should be able to establish bodies within
the council system with powers and resources to get things done, a
report by a network of local government experts recommends (09
September 2019).
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Submissions sought for airports review
Councils that operate airports or have airports within
their Local Government Areas are invited to make submissions to the
National Airports Safeguarding Framework, and has developed a Terms
of Reference to guide the review (06 September 2019). More...
Submission in response to the climate change authority
consultation paper
In response to the scientific evidence on anthropogenic
climate change, local government has for over two decades been
actively engaged in programs to reduce carbon emissions from
council operations and to implement emissions abatement programs in
communities. Local governments recognise Australia's
exceptional vulnerability to the impacts of climate change (02
September 2019).
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Submission on the Murray Darling Basin draft terms of
reference
An independent panel of people connected to and/or living
and working in the Basin has been invited to undertake an
assessment of social and economic conditions in Basin communities
on behalf of The Hon. David Littleproud MP, Minister for Water
Resources, Drought, Rural Finance, Natural Disaster and Emergency
Management (02 September 2019).
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Queensland
Queensland
Gold Coast City Council waived rent it previously
claimed a property developer owed
The Gold Coast City Council waived tens of thousands of
dollars in rental fees it previously claimed was owed by a property
developer, following an internal meeting involving two councillors
who had previously received electoral donations from the company
(10 September 2019).
More...
Planning schemes to support ATSI knowledge, culture and
tradition
Queensland's planning legislation is leading Australia
in its recognition of the need to value, protect and promote
Aboriginal and Torres Strait Islander knowledge, culture and
tradition. Minister for Planning Cameron Dick said new guidance
material released will assist Queensland councils in supporting
cultural awareness through their local planning schemes (12
September 2019).
More...
High Court ruling makes managing vegetation
'virtually impossible'
A decision by the High Court this week has made vegetation
management for Queensland primary producers even more confusing,
exposing them to fines of up to $600,000 per breach. The High Court
decision upheld the power of councils to control vegetation
management on 'Category X' land – about 20 per cent
of Queensland's landmass – where there is a local
planning scheme in place (13 September 2019).
More...
High Court boosts Queensland councils' power to
limit land clearing
The Queensland Court of Appeal upheld the original finding
in the Planning and Environment Court in favour of the council,
that affects one-fifth of the state's landmass (12 September
2019).
More...
Judge overrules council on rejected aged care high-rise
in Taringa
A planning court judge has overturned Brisbane City
Council's decision to reject a three-building high-rise aged
care centre in Taringa, after the applicants agreed to reduce the
size of the facility. The development on a 11,830-square-metre
block, submitted by TriCare in 2017, was rejected by the council on
grounds including that it was oversized and "dwarfed" the
low-lying suburb (12 September 2019).
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Property Council research highlights rating practice
inequity
Property Council research into Queensland local
government rating practices has raised new concerns with the
targeting of non-residential properties through inequitable
differential and minimum rates (12 September 2019).
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North Queensland Regional Plan released
The Property Council has welcomed the announcement that
the first-ever draft Regional Plan for North Queensland has been
released. The draft NQ Regional Plan is a 25 year strategic,
statutory planning document for the local government areas of
Burdekin, Charter Towers, Hinchinbrook, Palm Island and Townsville
(12 September 2019).
More...
'The up-yard': Could rooftop gardens save our
cities from climate change?
Brisbane is forecast to become a difficult place to live
by 2050 and while rooftop gardens could be the ticket to cooling
the urban sprawl, developers say local planning laws are holding
them back (06 September 2019).
More...
Palm Island council moving forward with greater
transparency for the community
A new system of financial reporting is being put in place
at the Palm Island Aboriginal Shire Council, ensuring greater
transparency for the Palm Island community. It follows the
appointments of a governance advisor and a financial controller six
weeks ago, which was done with the full support of the council (05
September 2019).
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Victoria
Funding to help councils plan for growth
Minister for Planning Richard Wynne announced funding for
54 town planning projects that will streamline processes and lift
the quality of development around the state. Forty-one councils are
set to benefit from the funding as part of the Victorian Planning
Authority's (VPA) Streamlining for Growth
program (13 September 2019).
More...
In practice and courts
National airports safeguarding advisory group
The National Airports Safeguarding Advisory Group is
undertaking a review of implementation of the National Airports
Safeguarding Framework (NASF). The review is
intended to consider implementation of NASF across jurisdictions;
and seeks submissions from all levels of government, industry and
community stakeholders. More information about the review, making a
submission and the terms of reference can be found
here. Submissions close on 22 November 2019 (12 September
2019).
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...
Queensland
Review of local government rates report
The
review of local government rates report, commissioned by the
Property Council and undertaken by Queensland Economic Advocacy
Solutions, has highlighted inconsistencies in the approach of major
councils to their rating practices. The report has also graded
these councils on their overall number of non-residential
categories, competitiveness of their rates, and consistency with
the Government's rating guidelines. Note: The report has been
released as the State Government considers regulatory amendments in
response to the recommendations of the
Queensland Audit Office Report: Managing local government rates and
charges investigation.
North Queensland regional plan
The
draft NQ Regional Plan is a 25 year strategic, statutory
planning document for the local government areas of Burdekin,
Charter Towers, Hinchinbrook, Palm Island and Townsville.
Consultation on the draft document closes on 22 November 2019 (12
September 2019). More...
LGAQ: Migration in regional Australia - have your
say
The LGAQ will be preparing a submission to the Inquiry on
Migration in Regional Australia. The Inquiry will give particular
consideration to how communities and settlement services can best
assist migrants to gain successful employment. Members of the
public can view the plans in full detail and make a submission from 30
August to 11 October.
Office of the Independent Assessor Decisions –
12-13 September 2019
Statement from the Independent Assessor Kathleen Florian –
Moreton Bay Regional Councillor decision
Statement from the Independent Assessor Kathleen Florian –
Redland City Councillor decision
Cases
Queensland
Brisbane City Council v Amos [2019]
HCA 27
LIMITATIONS OF ACTIONS – Debts created by statute
– Debts secured by charge – Where Council commenced
proceeding against respondent for overdue rates and charges –
Where overdue rates and charges secured by charge – Where
respondent argued claim was an action to recover a sum recoverable
by virtue of an enactment under s 10(1)(d) of Limitation of
Actions Act 1974 (Qld) – Where Council argued claim was
an action to recover a principal sum of money secured by a charge
and subject to s 26(1) of the Act – Where proceeding falls
within both ss 10(1)(d) and 26(1) – Whether s 26(1) applies
to exclude operation of s 10(1)(d).
Legislation
Bills
Criminal Code Amendment (Agricultural Protection) Bill
2019
House of Representatives message from Senate reported
12/09/2019
Consideration of Senate message Details: House agreed to Senate
amendments 12/09/2019
Amends the Criminal Code Act 1995 to introduce two new
offences in relation to the incitement of trespass or property
offences on agricultural land.
Regulations
National
Capital Plan – Amendment 93 – City and Gateway Urban
Design Provisions Technical Changes
12/09/2019 - This instrument amends the National Capital
Plan (December 1990) by introducing transitional provisions to
address development applications submitted to the Territory
planning authority prior to the commencement of National Capital
Plan – Amendment 91 – City and Gateway Urban Design
Provisions, and by clarifying design provisions concerning
permitted building lengths, and balconies and balustrades.
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.