In the media
Mobile Black Spot program to fund 182 new base
stations
Regional mobile coverage will be improved with 182 new
base stations planned under Round Five of the Federal
Government's Mobile Black Spot Program. The results of the
Round 5 assessment process were announced on 21 April, taking to
1229 the total number of base stations funded under the Mobile
Black Spot Program (24 April 2020).
More...
Local Government supports agreement to facilitate
planning assessment processes
The ALGA has endorsed a set of principles to guide changes
to planning systems during the COVID-19 pandemics. The agreement
was reached between ALGA, the State and Territory Planning
Ministers, and the Federal Minister for Population, Cities and
Urban Infrastructure, Alan Tudge, at a meeting on Friday (20 April
2020).
More...
Government backs local ideas for Inland Rail interface
improvements
Intermodal hubs and new freight provisioning centres are
amongst 16 local project proposals to be further developed with
support from the Australian Government's $44 million Inland
Rail Interface Improvement Program (13 April 2020).
More...
Victoria
Legislation to Support Jobs, Services And Victorians
Passes
The COVID-19 Omnibus (Emergency Measures) Bill 2020 allows
common-sense changes to comply with physical distancing measures
– allowing planning permits to be displayed and sent
electronically. It also allows for virtual meetings for councils
and joint standing committees of the Parliament so they can carry
out their work remotely (24 April 2020).
More...
MAV welcomes legislative changes to enable councils to
meet electronically
The Municipal Association of Victoria
(MAV) welcomes the passing of legislation today
that enables council meetings to be conducted electronically
(23 April 2020).
More...
Supporting First Home Buyers In Regional Victoria
The Victorian Government is extending the $20,000 First
Home Owner Grant for people buying or building a new home in
regional Victoria for an extra 12 months, in another measure to
support Victorians through the coronavirus pandemic.The grant is
available for first home purchases across 48 councils, with Greater
Geelong, Ballarat, Bendigo, Wodonga and Shepparton among the most
popular (23 April 2020).
More...
Changes To Council Electoral Structures
The Andrews Labor Government is delivering grassroots
democracy and accountability in local government through a suite of
changes to council electoral structures. The new Local Government
Act 2020 introduced a preference for single member wards to support
closer relationships between councillors and their communities (22
April 2020).
More...
Temporary Emergency Measures to Manage Coronavirus
Crisis
New legislation also amends the Local Government Act 2020
to allow virtual meetings for local councils and amends the
Parliamentary Committees Act to allow joint standing committees of
the Parliament, including the Public Accounts and Estimates
Committee (PAEC), to carry out their work remotely (21 April 2020).
More...
NSW
Best road to recovery is locally led by councils
Local Government NSW (LGNSW) has welcomed a Federal
Government plan to fast track shovel-ready road projects that will
save council jobs and help boost local economies. LGNSW President
Linda Scott said local councils stood ready to carry out road
projects that would support local council operations, jobs and
businesses (25 April 2020).
More...
NSW Government goes online to ensure public stays
informed on planning matters
Councils will now be able to notify their communities of
local planning matters online under new regulation introduced today
to ensure the public receives the most accurate and up-to-date
information during the COVID-19 pandemic (20 April 2020).
More...
Regulatory changes to take pressure off ratepayers,
businesses and councils
The NSW Government has today made a series of regulatory
changes to ensure council resources continue to be focused on
frontline COVID-19 response efforts and allow councils to provide
financial relief to businesses and residents (17 April 2020).
More...
ePlanning mandate a big win for homeowners
Homeowners in metropolitan Sydney, Newcastle, the Central
Coast and Illawarra will be able to lodge DAs online in the comfort
of their homes, and see a reduction in assessment times, with the
NSW Government mandating ePlanning across 42 councils from 1 July
2020 (17 April 2020).
More...
Queensland
LGAQ says go big, hard and early in battleplan
The LGAQ this week launched its $608 million Battleplan
for Queensland Local Communities – an economic stimulus
package designed to help lead the state's recovery from the
Covid-19 pandemic (24 April 2020).
More...
Queensland communities share a further $12 million for
resilient infrastructure
As part of the Commonwealth and Queensland
Governments' $134.5 million infrastructure package, a further
$12 million has been allocated to 26 resilience projects that will
ensure communities can better withstand extreme weather events. QRA
will keep working with councils and state agencies to identify more
opportunities to improve disaster-impacted infrastructure and
increase Queensland's overall disaster resilience (24 April
2020).
More...
Mobile Black Spot Program to deliver 40 new mobile base
stations for Queensland
Councils welcome latest move to improve connectivity in
regional and remote Queensland (23 April 2020).
More...
Palaszczuk Government delivers support for health, jobs
and business
Emergency measures to support Queenslanders, the business
community and the industries which will deliver the State back to
economic prosperity have been passed by Parliament. In addition,
the Government is also providing an initial $27.25 million package
to assist local government, business and industry with resilience
and recovery strategies, targeted financial support and counselling
(22 April 2020).
More...
Qld councils draw up battle plan against COVID-19
The creation of a "green army" and a local
government trainee program for displaced workers are contained in a
$608 million battle plan presented to the Queensland government by
the state's councils (20 April 2020).
More...
Government appoints Agriculture Coordination Officers to
COVID-19 response
A team of Agriculture Coordination Officers will support
producers, the agriculture industry and local governments to manage
COVID-19 thanks to the Queensland Government (17 April 2020).
More...
In practice and courts
Roads and bridges grants open - Councils encouraged to
apply
Applications are open for the latest rounds of the Australian
Government's Bridges Renewal Program
Round 5 and the Heavy Vehicle Safety and Productivity Program
Round 7. A combined $300 million is available to councils for
the upgrade or replacement of damaged or deteriorated bridges and
heavy vehicle infrastructure improvements. Applications for both
programs will close 29 May 2020.
ALGA: 2020 Resilient Awards open
Local Governments are invited to apply for the 2020
Resilient Australia Awards, before entries close on 18 May. The
awards recognise outstanding contributions in six categories:
community, business, local government, government, school and
photography. More...
Administration of financial disclosure requirements
under the Commonwealth Electoral Act
The objective of this audit is to examine the
effectiveness of the Australian Electoral Commission's
(AEC's) management of financial disclosures
required under Part XX of the Commonwealth Electoral Act 1918,
including the extent to which the AEC is achieving accurate and
complete financial disclosures. Due to table: June, 2020 Open for
contribution.
More...
Commonwealth Department of Communications and the Arts:
Telecommunications in new developments review
In light of recent and upcoming changes in the provision
of telecommunications in new developments, the Department is
undertaking a review of the
Telecommunications in New Developments (TIND)
Policy, and has released a discussion paper
Review of the 2015 TIND Policy, The Department is aiming to
complete the review of the 2015 TIND Policy and make any necessary
changes before 1 July 2020.
Victoria
Melbourne Industrial and Commercial Land Use Plan
The Melbourne Industrial and Commercial Land Use Plan
Department has now been finalised and released. In addition to a
Summary of Submissions report, individual submissions are now also
available.
More...
(23 April 2020)
Land-use planning system reforms consultation open
The Department of Environment, Land, Water and Planning
(DELWP) is proposing updates to Victoria's
land-use planning system to bring it in line with the new
environment protection framework due to come into effect on 1 July
2020.
More...
Extension to closing date - Living Heritage Grants Program
– Round 4 Applications now open
With the ongoing situation surrounding COVID-19, Heritage
Victoria understands that it may have been difficult to finalise
applications for Round 5 of the Living Heritage Grants Program
before 9 April 2020. To assist with this, the application closing
date has been extended to 12 June 2020.
Bushfires Royal Commission hearings commence
The Royal
Commission into National Natural Disaster Arrangements (often
referred to as the "Bushfires Royal Commission")
commenced its proceedings
with an online Ceremonial Hearing yesterday, 16 April. The Royal
Commission was established in response to the extreme bushfire
season of 2019-20 which resulted in loss of life, property and
wildlife and environmental destruction.
Recycling Victoria Infrastructure Fund
Following advocacy from the MAV, councils are now eligible
to apply for grant funding from the
Recycling Victoria Infrastructure Fund. The grant program is
designed to assist businesses and local government to improve the
quality of materials recovered and increase the capacity and
capability of Victoria's resource recovery sector. Expressions
of interest close 8 May.
Bushfire recovery grants and funding
A range of funding streams have been announced to support
bushfire-affected
businesses, farmers and organisations as well as
individuals and families including:
2020 Clean-Up Program
Victorian Bushfires Case Support Program
Australian Government Disaster Recovery Payment
Coastcare Community Grants now open
Grants up to $30,000 are available for eligible projects to
conserve, restore and rehabilitate Victoria's coastal and
marine environments. Two streams of funding are available to target
ecosystem resilience and climate change. Applications close 7 May
2020
IBAC: Operation Sandon public hearings will continue in
2020
IBAC's public hearings into allegations of serious
corrupt conduct concerning the transparency and integrity of
planning and property development decision making, including
donations to candidates in local and state government elections,
will continue in early 2020.
More...
Significant Sporting Events Program
Councils may apply for grants in this funding program to
support the assistance, management or strategic planning of sports
events.
Applications are open until 30 June 2022 in various rounds.
s.186 exemption for council recycling contracts
The Victorian Local Government Minister has
announced a state-wide s.186 exemption for local councils to
extend their recycling collection contracts to 30 June 2021.
Attached is a copy of the letter sent to all councils co-signed
by Minister Somyurek and the Minister for Energy, Environment and
Climate Change, the Hon. Lily D'Ambrosio MP.
NSW
LGA NSW: Public notification changes
Planning processes and applications:
Public notification requirements for planning
processes and applications have changed following amendments to the
Environmental Planning and Assessment (EP&A)
Regulation 2000, including: 1) removal of
requirements to advertise in local newspapers, and 2) notifications
via council websites or the NSW Government's e-Planning Portal
(24 April 2020).
More...
Infrastructure contributions: Have your say
The NSW Productivity Commissioner Peter Achterstraat has
been tasked with undertaking a review of the infrastructure
contributions system by the Minister for Planning and Public
Spaces. The government plans to consult with all stakeholders,
including local councils, on the Review's Terms of Reference
(24 April 2020).
More...
Office of Local Government Circulars
20-13 Managing fraud and corruption risks during the
COVID-19 pandemic
April 22, 2020; Category: Circular to Councils Status:
Active Circular Details: 20-13 / 22 April 2020 / A698229.
More...
20-12 Modification of statutory requirements in response
to the COVID-19 pandemic
April 17, 2020; Category: Circular to Councils Status:
Active Circular Details: 20-12/ 17 April 2020 / A696830.
More...
Changes to Housing SEPPs
Seniors Housing State Environmental Planning Policy – the
SEPP will not apply in heritage conservation areas in Greater
Sydney until 1 July 2020
Queensland
Queensland Government: COVID-19
Urgent amendments to the Planning legislation are in
effect to address concerns raised by a range of stakeholders,
including local government and industry, in response to the
COVID-19.
More...
LGAQ: Have you say on the Mobile BlackSpot Program Round
5A
The Australian Government has released a Consultation
Paper seeking input on the design of Round 5A of the Mobile Black
Spot Program. The consultation paper
can be found here. The LGAQ is seeking contributions from
councils by 5 June 2020, with Submissions due by 19 June 2020 (22
April 2020)
More...
LGAQ
$608
million Battleplan for Queensland Local Communities – an
economic stimulus package designed to help lead the state's
recovery from the Covid-19 pandemic. View details of the
battleplan
(20 April 2020)
LGAQ: Release of the Austroads Guide to Temporary
Traffic Management
The formal adoption of the AGTTM in Queensland is planned
for July 2020. In preparation for the adoption in Queensland, local
government officers involved in traffic management activities can
view a
Fact Sheet and the new AGTTM and video presentations providing
an overview of each section on
the Austroads website.
(17 April 2020)
Annual Statutory Land Valuations 2020
Landowners who believe their valuation was incorrect and
can provide supporting information should
lodge their objection online or at the address shown at the top
of their valuation notice by 5 May 2020. The latest valuation data
is available using the
Find your annual valuation
Brisbane City Council: Draft Central Park
Masterplan
The draft plan is now out for public consultation
following the release of
five creative concepts from architecture and planning firms
last year. The Victoria Park concept plan is now open to the public
until April 28 on the Brisbane City Council's website.
Have your say: future of South Bank
The Palaszczuk Government is encouraging people to have
their say on the future of the South Bank precinct, with the roll
out of public consultation on the master plan. The master plan
would build on the precinct's iconic features, while harnessing
new ideas. It is expected the master plan process will be completed
by the end of 2020. More...
Consultation: Yeronga proposed development scheme for a
mixed-use precinct in the Yeronga Priority Development Area
(PDA)
The scheme establishes a planning framework to transform
the site and sets out intended land uses, development criteria and
infrastructure envisaged for the PDA. Submissions can be made
between 1 April and 17 May. More...
LGAQ: Review of the Strong and Sustainable Resource
Communities Act 2017
The Office of the Coordinator-General is leading the
review and will be engaging with councils and key stakeholders from
the end of January to May 2020.
More...
LGAQ: Key events for Queensland councils in 2020
Events for March – October 2020 are outlined here.
Keep an eye on the events page
which will be updates as more events are confirmed in the
calendar
Cases
Victoria
CoINVEST Ltd v Citywide Service Solutions Pty
Ltd [2020] VSC 190
JUDICIAL REVIEW – Whether an entity was an
'employer' (i.e. not a 'public statutory body'
constituted under the law of the Commonwealth or State of Victoria)
within the meaning of the Rules of the Construction Industry Long
Service Leave Fund/Construction Industry Long Service Leave Act
1997 s 3 – Whether magistrate considered relevant factors
– Whether magistrate provided adequate reasons for decision
– Validity of notice issued under Construction Industry Long
Service Leave Act 1997 s 10 – Local Government Act 1989 s
193.
Kojicin v Nillumbik SC [2020]
VCAT 493
Application for review pursuant to section 185 of the
Local Government Act 1989 ; special charge scheme; works include
rural standard road construction including drainage; whether no
special benefit; whether distribution unreasonable; whether works
and projects proposed are unnecessary, unreasonable, excessive,
insufficient, unsuitable or costly having regard to the locality or
environment and to the probable use of the road or drainage of the
land.
495507 Barkly St Pty Ltd v Maribyrnong CC
[2020] VCAT 486
Section 77 Planning and Environment Act 1987,
Maribyrnong Planning Scheme, Mixed Use Zone, Design and Development
Overlay – Schedule 7, higher density, built form, housing
policy, West Footscray Neighbourhood Plan 2018, building height,
under development, balcony space, secluded private open space.
Sutherland v Bayside CC [2020]
VCAT 474
Section 77 Planning and Environment Act1987; Bayside
Planning Scheme; Commercial 1 Zone; Sandringham Village; Food and
drink premises and multi dwellings; Land in two zones;. Height;
windows on boundaries
Kudos v Greater Dandenong CC
[2020] VCAT 483
Section 77 of the Planning and Environment Act 1987.
Greater Dandenong Planning Scheme. General Residential Zone. Two
do
Powell v Maribyrnong CC [2020]
VCAT 481
Construction of an additional dwelling on a lot in the
General Residential Zone Schedule 1.
Application under section 82 of the Planning and Environment Act
1987 – to review the decision to grant a permit.
Ivan Andelkovic of Newbright Commercial Pty Ltd v
Wyndham CC [2020] VCAT 478
Section 77 of the Planning and Environment Act 1987;
Review the refusal to grant a permit; Wyndham Planning Scheme;
General Residential Zone – Schedule 1 (GRZ1); Child care
centre; Neighbourhood character; Amenity impacts; Noise; Odours;
Traffic impacts; Parking impacts.
Three Pillars Heidelberg Pty Ltd v Banyule
CC [2020] VCAT 471
Banyule Planning Scheme; General Residential Zone;
Subdivision of existing buildings; Conditions requiring private
waste collection; lack of nexus
Chau v Monash CC [2020] VCAT
466
Section 81(1) of the Planning and Environment Act
1987; Review the refusal to extend the time within which
development is to be completed; Monash Planning Scheme; Design and
Development Overlay DDO12.
Fled Pty Ltd v Mornington Peninsula SC
[2020] VCAT 456
Section 77 of the Planning and Environment Act 1987;
General Residential Zone – Schedule 1; neighbourhood
character; visual bulk and mass
Bridging Design Studio v Monash CC
[2020] VCAT 475
Section 77 of the Planning & Environment Act 1987;
Monash Planning Scheme; General Residential Zone Schedule 2;
Vegetation Protection Overlay Schedule 1 (VPO1); Removal of
Vegetation
Nguyen v Brimbank CC [2020] VCAT
454
Section 77 of the Planning and Environment Act 1987,
building bulk, site within a Residential Growth Zone, extent of
change sought, amenity implications, setbacks, landscape
response
Long Lane Pty Ltd v Mornington Peninsula
SC [2020] VCAT 401
Section 77 of the Planning and Environment Act 1987;
Mornington Peninsula Planning Scheme; Special Use Zone; Camping and
caravan park; Land use; Policy; Landscape; Bushfire; Amenity
Short v Kingston CC [2020] VCAT
383
Section 77 of the Planning and Environment Act 1987,
overshadowing of solar panels on adjoining property, overshadowing
of habitable room windows on adjoining property
McKenzie v Port Phillip CC [2020]
VCAT 477
Section 77 of the Planning & Environment Act 1987;
Port Phillip Planning Scheme; Neighbourhood Residential Zone 1;
Heritage Overlay Schedule 1 Special Building Overlay Schedule 2;
Scale; Bulk; Character; Heritage; Wall on Boundary. No permit
Manningham CC v SAATH Pty Ltd
[2020] VCAT 452
Sections 109, 115B and 115C of the Victorian Civil and
Administrative Tribunal Act 1998; Application for costs and
reimbursement of fees associated with enforcement proceedings under
section 114 of the Planning and Environment Act 1987
NSW
Hooper v Phipps [2020] NSWDC
134
TORT – defamation – defence of contextual
truth pursuant to s 26 Defamation Act 2005 (NSW) – plaintiff
brings application to plead additional imputation and to strike out
contextual imputations – application to strike out contextual
imputations abandoned – plaintiff brings application to
"plead back" defendants' contextual imputations
– defendants consent conditionally upon the preservation of
their entitlement to continue to rely upon the contextual truth
defence already pleaded – leave granted conditional upon the
defendants' continued preservation of the contextual truth
defence
Civil Procedure Act 2005 (NSW), ss 56 – 62; Defamation Act
1952 (UK), s 5; Defamation Act 1957 (Tas), s 18
Defamation Act 1974 (NSW), s 16; Defamation Act 1992 (NZ), s 7;
Defamation Act 2005 (NSW), s 26
Local Government Act 1993 (NSW), s 440G
These are proceedings for defamation commenced by the plaintiff, an
elected councillor of the Willoughby City Council (the second
defendant), against that Council and its media and marketing
officer (the first defendant)
Lachlan Shire Council Agreement 2019
[2020] NSWIRComm 1026
Employment and industrial law - enterprise
agreement
Kelly v Szatow [2020] NSWSC
407
APPEAL – NSW Civil and Administrative Tribunal
– Appeal in relation to five decisions concerning the Local
Government Act 1993 (NSW) – Where the Tribunal lacked
jurisdiction to hear the plaintiff's claim – Where there
was no evidence to support the plaintiff's claim –
Application of cl 29 Sch 5 of the Civil and Administrative Tribunal
Act 2013 (NSW) to appeal a "profession decision" to the
Supreme Court – Leave to appeal in relation to three costs
decisions refused – Appeal in relation to two remaining
decisions dismissed
Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 28, 29, 60,
82, 83; cl 29 Sch 5
Civil Procedure Act 2005 (NSW), ss 56, 57, 58; Local Government Act
1993 (NSW), ss 329, 440; Local Government (General) Regulation 2005
(NSW), reg 290
Mehmet v Carter [2020] NSWSC
413
CONTRACTS — Termination — Repudiation of
contract — where purchasers raised requisitions — where
plausible contentions and vendors refused to address
LAND LAW — Conveyancing — Contract for sale —
Breach — Error or misdescription — Requisitions —
Vendors' obligations — Notices to complete —
Purchasers' remedies
ENVIRONMENT AND PLANNING — Heritage conservation —
Protection of Aboriginal heritage — meaning of
"Aboriginal object" — National Parks and Wildlife
Act 1974 (NSW)
Law Reform (Law and Equity) Act 1972 (NSW), s 5; Local Government
Act 1993 (NSW), s 59A
David Goode v Gwydir Shire Council
[2020] NSWLEC 33
JUDICIAL REVIEW – no failure by local council to
consider properly its development application for truck wash
facility – no failure to consider development application for
truck wash facility as designated development
Tweed Shire Council Preserved Sick Leave Enterprise
Agreement 2020 [2020] NSWIRComm 1032
EMPLOYMENT AND INDUSTRIAL LAW – awards and
agreements – application for approval of enterprise agreement
– preserved sick leave payout entitlements –
flexibility to use sick leave before retirement – inclusion
of clause to enable leave to be taken in unusual circumstances,
such as major floods, pandemics or operational close downs –
previous enterprise agreement rescinded - enterprise agreement
approved
Hatziandreou Holdings Pty Ltd v Bayside
Council [2020] NSWLEC
1191
APPEAL – modification application –
development constructed contrary to development consent –
modification seeks to incorporate the development as constructed in
addition to proposed works – whether substantially the same
– whether communal open area location and size was a material
element of the original development – traffic and parking
impacts
Ellis v Lane Cove Council [2020]
NSWLEC 1190
DEVELOPMENT APPEAL – residential dwelling –
excavation – consistency with character and streetscape
D'Annunzio v North Sydney Council
[2020] NSWCATAP 66
APPEAL – Retail leases – Claim of
misleading or deceptive conduct - Whether Tribunal erred in its
construction of the word "road" in the lessor's
disclosure statement – Whether the Tribunal's findings
were against the weight of evidence
PRJM Pty Ltd v Hawkesbury City Council
[2020] NSWLEC 1187
DEVELOPMENT APPLICATION – caravan park –
whether proposed development is compatible with character of local
area – whether location and character make site particularly
suitable for a caravan park – whether necessary facilities
and services are reasonably available and accessible to future
occupants of caravan park – consideration of road widths
– consideration of contamination of site
Syncept Chatham Pty Ltd v City of Ryde
Council (No 2) [2020] NSWLEC
30
COSTS – which party to bear costs – whether
late amendment alters usual order – whether separate ground
rendered unnecessary by late successful ground should not be
subject of costs – usual order made
Connoisseur Investments Pty Ltd v Sutherland Shire
Council [2020] NSWLEC
1181
DEVELOPMENT APPLICATION – R3 medium density
residential zone – multi-dwelling housing – landscape
setback – flood planning
Lay v Inner West Council [2020]
NSWLEC 1178
Alterations and additions to mixed use building –
Heritage Conservation Area – whether compatible with desired
future character
Dan Properties Pty Ltd v Sutherland Shire
Council [2020] NSWLEC
1172
DEVELOPMENT APPLICATION –shopping centre –
additional point of egress – road hierarchy – safe and
convenient access – landscape character
Queensland
Genamson Holdings Pty Ltd v Moreton Bay Regional Council
& Anor [2020] QSC
84
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND
– POWERS OF ACQUISITION – GENERALLY – where
pursuant to s 7 of the Acquisition of Land Act 1967 (Qld) the
respondent Council issued a Notice of Intention to Resume –
where the applicant objected to the proposed resumption of land
– where the first respondent arranged for the objection to be
heard by a Delegate at an objections hearing – where the
Delegate provided a report recommending the respondent Council give
"due consideration" to expert engineer's report on
proposed resumption of land – where expert engineer report
was not in material before the respondent Council at meeting -
where the respondent Council resolved to make an application to the
Minister for Natural Resources and Mines to resume the land
pursuant to s 9 of the Acquisition of Land Act 1967 (Qld) –
whether respondent Council failed to take into account a material
consideration in making application to resume the land
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – FAILURE TO OBSERVE STATUTORY PROCEDURE – where
the respondent Council resolved to make an application to the
Minister for Natural Resources and Mines to resume the land
pursuant to s 9 of the Acquisition of Land Act 1967 (Qld) –
where respondent Council failed to provide all objections material
to the Minister in application – whether failure by
respondent Council to comply with terms of the Acquisition of Land
Act 1967 (Qld) – whether jurisdictional error – whether
procedure required by law to be observed or not observed
Acquisition of Land Act 1967 Qld s 7, s 8, s 9, Sch 2; Civil
Proceedings Act 2011 Qld s10
Ashtrail Pty Ltd & Anor v Council of the City of Gold
Coast [2020] QCA
82
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS
WITHIN ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING
AND ENVIRONMENT COURT AND ITS PREDECESSORS – RIGHT AND
AVAILABILITY OF APPEAL – where the applicants seek leave to
appeal from a decision of the Planning and Environment Court
– where the proceedings below were brought by the respondent
seeking relief in respect of a development approval granted to the
applicants in 2010 – where the decision below declared that:
the 2010 Approval had not lapsed; conditions 5, 6, 10, 12 and 16 of
the 2010 Approval had not been complied with; and, the
non-compliance constituted a development offence under s 164 of the
Planning Act 2016 (Qld) – where orders were made that the
applicants comply with the five conditions prior to the
commencement of the use permitted by the 2010 Approval –
where none of the five conditions has been complied with –
where the respondent did not oppose the grant of leave to appeal in
respect of the first five grounds but opposed the sixth on the
basis that it involved contended errors of fact rather than law
– whether leave to appeal should be granted
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where s
340(1)(a) of the SPA provided that development under the 2010
Approval could start immediately upon it being granted –
where s 341 of the SPA provided when an approval lapsed –
where the applicants contend that on the proper construction of
condition 5, payment was an essential precondition which had to be
fulfilled "prior to ... the commencement of the use", and
since they had not been satisfied, there was no "first change
of use" within the four year period following the 2010
Approval – whether the learned trial judge erred by finding
that the 2010 Approval had not lapsed under s 341(1) of the SPA
when the five conditions had not been complied with
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where
the applicants contend that there were significant departures from
the approved plans and drawings contained in the 2010 Approval
which had the effect that it lapsed "because the particular
use under the 2010 Approval did not occur prior to that date"
– where the learned trial judge observed that it could be
accepted that evidence reflected departures from the approved form
of the development that were not minor – where the learned
trial judge held that the departures were in no way determinative
of the question whether the use to which the land was being put was
the use contended for by the respondent – whether the learned
trial judge erred by finding that the 2010 Approval had not lapsed
under s 341(1) of the SPA, when condition 1 required the
development to be carried out generally in accordance with the
approved plans and drawings, and the approved plans and drawings
had not been complied with
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where
the applicants contended that the respondent's proceedings were
out of time because they had been started more than six years from
the date on which the cause of action arose – where the
learned trial judge accepted that the cause of action was complete
on the date the 2010 Approval came into effect – where the
learned trial judge concluded that the proceedings were for
enforcement proceedings concerning alleged non-compliance with
conditions of an approval – whether the learned trial judge
erred by finding that s 10(1)(d) of the Limitation of Actions Act
1974 (Qld) does not apply to an application seeking an enforcement
order pursuant to s 180 of the Planning Act, where the order sought
by the Council required the applicants to pay sums of money to
it
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INTERESTS – QUEENSLAND – where the
learned trial judge concluded that matters identified concerning
the loss of documents would not have led to a different conclusion
as to the fact that the delay had not caused any material prejudice
– where the applicants were on notice that the respondent
contended that the conditions had not been met and could be
enforced – whether the learned trial judge erred by finding
that s 38(4) of the Acts Interpretation Act 1954 (Qld) does not
apply to an application seeking enforcement orders pursuant to s
180 of the Planning Act
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INTERESTS – QUEENSLAND – where the
applicants' contentions commenced with observing that the term
"driving instructing" was not defined in the two relevant
planning schemes in operation at the commencement of use on Lot 36,
and at the time of the 2010 Approval – where factual
statements drawn from promotional material issued by the applicants
were likely to be accurate in the description of the existing use
– where the learned trial judge also referred to documents
published by the applicants subsequent to the 2010 Approval –
where his Honour rejected the qualifications placed upon the
documentary evidence by the two principals – whether the
learned trial judge erred by construing the term "driving
instructing" to include instruction in the operation of plant
and equipment or, alternatively, failing to give adequate reasons
for so construing the term "driving instructing"
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INTERESTS – QUEENSLAND – whether
the learned trial judge erred by finding that there had been a
material change of use for "driving instruction" or
"motor vehicle workshop/ERA" on Lot 36, in the absence of
evidence to justify that finding or, alternatively, by drawing
inferences not properly available on the evidence; and misapplying
the onus of proof in that regard
Townsville City Council v QNI Metals Pty Ltd &
Anor [2020] QSC 61
Plaintiff sues to recover rates and the defendants
claim that they are not liable to pay rates. They rely on part of a
schedule to the Queensland Nickel Agreement Act 1970 and an
agreement said to have been made between the State and their
predecessor in title
Legislation
Industry
Research and Development (Access to Bushfire Construction Standards
Program) Instrument 2020
24/04/2020 - This instrument prescribes the Access to
Bushfire Construction Standards Program.
Victoria
Bills
COVID-19 Omnibus (Emergency Measures) Bill
2020
Date of second reading speech: 23 April 2020
The purpose is to temporarily amend certain Acts, and to
temporarily empower the making of regulations, to modify the
application of the law in Victoria in certain respects for the
purpose of responding to the COVID-19 pandemic. Chapter
2—Temporary modification of the law by regulation Part
2.1—Regulations temporarily modifying Justice Acts and
laws
NSW
Regulations and other miscellaneous instruments
Constitution
(COVID-19 Emergency Measures) Regulation 2020 (2020-170)
— published LW 24 April 2020
Electronic
Transactions Amendment (COVID-19 Witnessing of Documents)
Regulation 2020 (2020-169) — published LW 22 April
2020
Local
Government (General) Amendment (COVID-19) Regulation (No 2)
2020 (2020-176) — published LW 24 April 2020
Local
Government (General) Amendment (COVID-19) Regulation 2020
(2020-152) — published LW 17 April 2020
Environmental Planning Instruments
Standard
Instrument (Local Environmental Plans) Amendment (Energy Storage
Technology) Order 2020 (2020-155) — published LW 17 April
2020
State
Environmental Planning Policy (Infrastructure) Amendment (Energy
Storage Technology) 2020 (2020-156) — published LW 17
April 2020
State
Environmental Planning Policy Amendment (Minor Amendments) 2020
(2020-157) — published LW 17 April 2020
Queensland
Bills
Appropriation (COVID-19) Bill
2020
Introduced by: Hon J Trad MP on 22/04/2020
Stage reached: Passed on 22/04/2020
COVID-19 Emergency Response Bill
2020
Introduced by: Hon A Palaszczuk MP on 22/04/2020
Stage reached: Passed on 22/04/2020
The policy objectives of the Bill are to:a mend the Parliament
of Queensland Act 2001(the Parliament of Queensland Act) to:
establish a legislative modification framework of general
application across the statute book (the modification framework)
allowing legislative requirements to be modified in the following
areas, should that be required: attendance at places or meetings,
making and associated use of documents and physical presence
requirements statutory timeframes; and proceedings of courts and
tribunals
Subordinate legislation as made – 17 April
2020
No 53
Disaster Management (Further Extension of Disaster
Situation—COVID-19) Regulation 2020
This Regulation is made under the Disaster Management Act 2003. The
purpose of the Regulation is to further extend the period of the
disaster situation declared for the whole of the State of
Queensland on 22 March 2020 and extended by regulation on 2 April
2020.
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.