In the media – National
Key points for councils in infrastructure
report
The recently released report from Infrastructure Australia,
Future Cities: Planning for our growing population
contains some key recommendations which are of considerable
interest to Local Government. The full report can be downloaded at
the Infrastructure Australia website here (02 March
2018).
More...
Communications claim more space
The size of some telecommunications facilities will be allowed to
increase, under changes announced by the Federal Government on
Thursday. Ten proposed changes will proceed. ALGA argued against
two of the first three of these proposals and said shrouds should
require Local Government approval, as the addition of these could
affect structural integrity (02 March 2018).
More...
Cities urged to work with scientists on climate
change
An urban environment expert at ANU has warned that city councils
acting alone to address climate change, in the absence of an
evidence-based systems approach, can have unintended consequences
(01 March 2018).
More...
Thinxtra empowers Australian councils with IoT
solutions
With CEFC support Thinxtra is supercharging its Smart Council
Program which helps local government save with Internet of Things
technology efficiencies (28 February 2018). More...
Local councils struggling to find solution to China
recycling ban
Local councils affected by China's ban on importing recyclable
waste are given a short-term reprieve, with the Victorian
Government chipping in $13 million to help them manage the rubbish,
but the municipal association says there's no solution in sight
(23 February 2018).
More...
How many governments does it take to plan a city? Fewer
is better, a new report says
Australia's patchwork of small local councils is threatening
urban liveability, according to the independent infrastructure
adviser, which is urging the Federal Government to financially
reward states which simplify planning processes (22 February 2018).
More...
In the media – Queensland
CCC to investigate allegations of corruption relating to
Gold Coast City Council decision-making
The Crime & Corruption Commission (CCC) has determined it is in
the public interest to advise it has commenced an investigation
into allegations of corrupt conduct relating to decision-making by
some Gold Coast City Council councillors. The allegations broadly
involve possible conflicts of interests relating to decisions on a
range of development matters on the Gold Coast (02 March 2018).
More...
Fired Queensland mayor Chris Loft confident of
comeback
The former mayor of the Fraser Coast, Chris Loft, is confident he
will win a legal challenge to overturn his recent dismissal and be
back in the top job soon (02 March 2018).
More...
New retrospective Queensland law validates council
rates
A law has been introduced in the Queensland Parliament which
retrospectively validates council rates that may have been
improperly issued. The new Local Government Legislation
(Validation of Rates and Charges) Amendment Bill 2018 has been
formulated as a response to a Queensland Supreme Court ruling in
November 2017 (22 February 2018).
More...
Anti-Adani doco screening axed for safety reasons, not
politics, council says
Townsville City Council has dismissed environmentalists' claims
that the screening of a documentary on the Stop Adani protest
movement was cancelled for political reasons, insisting public
safety concerns were the real concern (21 February 2018).
More...
In the media – Victoria
Former City of Ballarat Council manager sentenced to
jail following IBAC investigation
A former manager at the City of Ballarat Council has been convicted
and sentenced following an IBAC investigation into allegations of
corrupt procurement transactions at the Council. IBAC investigated
allegations that Mr Carey subverted procurement processes and
failed to fully declare and manage conflicts of interest when
engaging suppliers on behalf of the council (22 February 2018).
More...
Burning rubbish to generate energy, cut landfill has
'broad support'
Burning waste and using it to generate energy is being touted as a
viable alternative to landfill for Victoria under a proposal put
before the State Government, but some locals in Melbourne's
west are concerned how the pollution would be managed (26 February
2018).
More...
Stepping in to support industry and councils with
recycling
The Labor Government will provide a $13 million package for
councils and industry to support the ongoing kerbside collection of
household recyclable waste. The assistance will support all
councils impacted by China's decision to restrict the import of
recyclable materials – giving them and their contractors time
to develop longer-term solutions, including renegotiating contracts
(23 February 2018).
More...
"It's a mess": Victoria calls in
Fishermans Bend developments
The Victorian Government has put a pause on 26 development
applications for high-rise towers in the Fishermans Bend urban
renewal site, a move which could potentially see $4.5 billion of
development knocked back. Under Victorian planning law, the
planning minister has the right to call in appeals being reviewed
by the Victorian Civil and Administrative Tribunal (VCAT) as well
as permit applications from responsible authorities (usually local
councils) under a number of circumstances (22 February 2018).
More...
Robert Doyle sexual harassment investigation no closer
to completion
No progress has been made in the past fortnight towards finalising
a Melbourne City Council investigation into sexual harassment
allegations against former lord mayor, a council meeting hears (20
February 2018).
More...
In the media – New South Wales
Biodiversity Offset Scheme
The Biodiversity Offsets Scheme commenced in most NSW local
government areas on 25 February 2018. Additional interim designated
areas have been declared for some local government areas where
transition arrangements will be extended until 24 November 2018. A
recent
Office of Local Government circular provides an explanation of
the changes.
Independent Hearing and Assessment Panel Chairs
appointed
Local communities are a step closer to benefiting from the newly
legislated Independent Hearing and Assessment Panels
(IHAPs), with Chairs now allocated to each Council
and the expert talent pool established (21 February 2018).
More...
In Practice and Courts
National Landcare Grants
Applications are open for groups to share in $5 million worth of
grants, under the federal government's National Landcare
Program, closing on 19 March 2018. One-off grants between $5,000
and $50,000 are available. More...
National Housing Finance and Investment Corporation
Draft Investment Mandate 2018
Provides directions about the two core functions of the NHFIC which
will support investment in Australian housing: the establishment
and operation of an Affordable Housing Bond Aggregator and the
National Housing Infrastructure Facility. The draft Investment
Mandate provides other detail on the NHFIC including eligible
projects and project proponents, the financing mechanisms and
lending criteria related to its activities. Submissions from
interested stakeholders closed on 9 March 2018. More...
Extreme weather conference 2018
The impact of climate change on infrastructure and government will
be one of the key themes of Australia's first Xtreme Weather
Conference, to be held at the Sofitel Brisbane on 20 March 2018.
The conference brings together climate change experts with local
government planners, academics and emergency services to share
information on climate change.
More...
National General Assembly (NGA) of Local Government
2018
The National General Assembly (NGA) of Local
Government is the peak annual event for local government,
attracting in excess of 800 mayors and councillors each year. This
year's event takes place at the National Convention Centre in
Canberra from 17 – 20 June. Registrations are available
online. Motions are open and need to be lodged by 30 March
using the online
form.
More...
LG Professionals Australia's National Congress and
Business Expo 2018
The LG Professionals Australia National Congress 2018 will be held
in Canberra, 22-24 August, at the Canberra Rex Hotel.
More...
Closing the Gap Agenda
Closing the Gap agenda has begun with the release of a Council of
Australian Governments (COAG) discussion paper to
support ongoing consultations. More sessions are scheduled across
the country in coming months in 2018. Submissions close 31 March.
More...
Applying for Heavy Vehicle Safety and Productivity
Program funding: Proposals
The Minister for Infrastructure and Transport, the Hon Darren
Chester MP, has announced that
Round Six of the HVSPP was open for proposals from 15 December 2017
to 30 March 2018. State, territory and local governments are
eligible to apply for funding for projects that will upgrade road
infrastructure to improve heavy vehicle safety and freight
efficiency.
More...
Applications for funding: Round Six of the Heavy Vehicle
Safety and Productivity Program (HVSPP)
Local Government, as well as the state and territory governments
may apply for funding, with the Federal government contributing up
to 50 per cent of the total project cost to successful projects, up
to a maximum of $5 million. About $98 million will be provided
Round Six funding. Proposals will be accepted up to 30 March 2018.
More...
Queensland
LGAQ: EOI Councillor Complaints Reference
Group
The LGAQ is seeking nominations to support its efforts in reviewing
the documentation relating to the implementation of the
Councillor Complaints Bill. The main objective of these
legislative changes is to provide for a simpler, more streamlined
system for making, investigating and determining complaints about
councillor conduct in Queensland (01 March 2018).
More...
The Queensland government has a target to reach at least 50 per cent renewable energy generation in Queensland by 2030. The LGAQ via Peak Services has several tailored services on offer for councils to help reduce overheads and streamline major renewable energy projects (02 March 2018).
LGAQ: submission on the draft Investment
Mandate
The LGAQ is seeking input from councils wishing to contribute to
the LGAQ submission. Interested councils are encouraged to email
their feedback to LGAQ's Principal Advisor by 2 March 2018. An
exposure draft of the NHFIC Investment Mandate Direction 2018, and
the associated Explanatory Statement is available from the Commonwealth
Treasury website.
New South Wales
2018 Waste Conference
Registrations are open for the 2018 Waste Conference (Coffs
Harbour, 8-10 May). This annual conference is the premier event for
the waste management industry in Australia. LGNSW supports this
conference as it is particularly relevant to the local government
sector.
More...
Reminder: New Code of Meeting Practice Model for
Councils
The NSW Office of Local Government is seeking feedback on its new
draft model code of meeting practice for councils. LGNSW is
preparing a sector-wide submission and councils are invited to make
comments or submissions to be included in this. Submissions close
on 16 March 2018. The draft
Model Code of Meeting Practice proposes a uniform set of
meeting rules for councils across the state to ensure more
accessible, orderly, effective and efficient meetings.
Stronger Country Communities Grants
A second round of funding under the NSW Government's Stronger
Country Communities Fund opens on 12 March. The
Stronger Country Communities Fund – part of the NSW
Government's overall $1.3 billion
Regional Growth Fund – provides support for
infrastructure projects in regional NSW including parks, community
halls, playgrounds and amenity blocks.
Cases
Amos
v Brisbane City Council [2018] QCA 11
Allow the appeal. LIMITATION OF ACTIONS – LIMITATION OF
PARTICULAR ACTIONS – ACTIONS TO RECOVER MONEY RECOVERABLE BY
VIRTUE OF AN ENACTMENT – where the respondent brought an
action to recover overdue rates and charges – where the rates
and charges were a charge on the land – whether the primary
judge erred in holding that the 12 year limitation in s26(1)
Limitation of Actions Act 1974 (Qld) applied to the
exclusion of the six year limitation period in s10(1)(d) and
s26(5).
REAL PROPERTY – RATES AND CHARGES – WATER SEWERAGE AND
DRAINAGE RATES AND CHARGES – RATEABLE LAND – where the
service was provided to a structure – where the primary judge
found the appellant implicitly asked for the service to be provided
– whether the primary judge erred in finding the appellant
liable for utility charges levied by the respondent on rateable
land owned by the appellant.
Acts Interpretation Act 1954 (Qld), s32A; City of
Brisbane Act 2010 (Qld), s93(1), s93(2), s94(1), s97(2),
s257.
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.