In the media – National
Government advisor lists $55 billion in infrastructure
projects
Landmark metro systems in Brisbane and Sydney,
Victoria's M80 upgrade and NSW's WestConnex are among the
"high priority" projects approved by Infrastructure
Australia (27 March 2018).
More...
Census uncovers Australia's most advantaged and
disadvantaged areas
Ku-ring-gai on Sydney's upper north shore is
Australia's most advantaged Local Government Area
(LGA) according to new data released today from
the 2016 Census of Population and Housing. The 10 most advantaged
LGAs in Australia are all located around the Northern and Eastern
areas of Sydney Harbour and in coastal Perth. The most
disadvantaged LGA is Cherbourg in Queensland, followed by West Daly
in the Northern Territory (27 March 2018).
More...
In the media – Queensland
State refocuses funding to boost regional
economies
Infrastructure projects that deliver enduring economic
benefits for regional communities will be the focus of Round 4 of
the Palaszczuk Government's Building our Regions
(BoR). Minister for State Development,
Manufacturing, Infrastructure and Planning Cameron Dick said while
previous BoR rounds had funded a variety of good projects, funding
will now be directed to projects with stronger direct economic
outcomes (29 March 2018).
More...
LGAQ appears at Belcarra hearing
The LGAQ this week appeared before a key parliamentary
committee to put the case of local government regarding the
legislative reforms arising out of the Crime and Corruption
Commission's Belcarra recommendations (29 March 2018).
More...
Charity watchdog acts after RSL Qld couldn't account
for $400k in spending
Australia's charity commission warns RSL Queensland
over serious governance failures and an inability to meet
record-keeping obligations, including not being able to account for
how hundreds of thousands of dollars in charitable funds were spent
(29 March 2018).
More...
LGAQ welcomes Queensland Biosecurity Strategy
The LGAQ today welcomed the long-awaited release of the
'Queensland Biosecurity Strategy', launched by the Minister
for Agricultural Industry Development and Fisheries, Hon. Mark
Furner (28 March 2018).
More...
Travel expense concerns, clashes with Logan Mayor
revealed in sacked CEO's legal documents
Clashes with Logan Mayor Luke Smith and concerns over
travel expenses are among a number of reasons detailed by the
council's CEO in an eleventh-hour bid to save her job (29 March
2018).
More...
Under-fire Logan mayor vows to stay clear of development
applications
Logan Mayor Luke Smith says he will continue running the
city — albeit in a limited capacity — despite being
charged with corruption and fellow councillors calling for him to
step down (27 March 2018).
More...
Moranbah upgraded $7 million waste plant opens
Moranbah's $7 million upgraded waste management
facility will cut cost, increase revenue and guarantee safe,
reliable, long-term waste disposal for the region (28 March 2018).
More...
Next stage of Bundaberg 10-year Action Plan to get
underway
Community information sessions begin today to update the
Bundaberg region on concept designs and preliminary technical
investigations for the four projects in the Bundaberg 10-year
Action Plan (27 March 2018).
More...
Village Greens project transforms Tamborine Mountain
Main Street
Tamborine Mountain's Main Street has been transformed
with the official opening of the $1.45 million revamped median
strips, the Village Greens. Scenic Rim Regional Council Mayor Greg
Christensen said the Scenic Rim Regional Council is committed to
creating places and spaces that promote the unique character of the
region through the Vibrant and Active Towns and Villages initiative
(27 March 2018).
More...
Statement from Local Government Minister
Local Government Minister Stirling Hinchliffe said
"I have been asked numerous times today by journalists and
members of the community why I acted against the former Mayor of
the Fraser Coast Regional Council, but have not moved against a
Mayor facing criminal charges" (27 March 2018).
More...
Brassall woman charged with fraudulent falsification of
records
A 47-year-old woman from Brassall was charged today with
fraudulent falsification of records by the Crime and Corruption
Commission (CCC). The CCC will allege the woman
knowingly falsified records relating to donations made by Ipswich
City Council to charitable organisations between 28 July 2012 and 5
March 2017 (27 March 2018).
More...
Queenslanders to be fined for not bringing in wheelie
bins
Queenslanders who don't bring their kerbside rubbish
bins in after a day could soon be fined. The fine, up to $2,500,
has always been in the state legislation, but not widely enforced.
Now, the government will allow councils to enforce the laws and
while some have ignored it, at least 20 councils have indicated
they plan to implement it (26 March 2018).
More...
Windaroo man charged with official corruption and
perjury
A 48-year-old Windaroo man was charged today with
official corruption, perjury and failing to correct his Register of
Interests. The CCC will allege the man knowingly gave false
testimony at a public hearing related to Operation Belcarra (26
March 2018).
More...
PCA: Industry responds to developer donation ban
Bill
The Property Council has provided a submission in
response to the
Local Government Electoral (Implementing Stage 1 of Belcarra)
and Other Legislation Amendment Bill 2018.
The Bill, which seeks to give effect to the Government's
proposed ban on political donations from property developers, has
been opposed by the Property Council on the basis that it singles
out the property sector for inequitable treatment under electoral
laws, and unduly brands Queensland's biggest non-government
employer as a corruption risk (22 March 2018).
Trade and Investment MOU to support local
economies
Under the MOU, the LGAQ will increase the support
provided to councils through training, mentoring and increasing the
connectivity between councils and Trade and Investment Queensland
(22 March 2018).
More...
Federal Budget: Submit your community infrastructure
projects
Councils are encouraged to submit community
infrastructure projects to ensure Queensland projects are well
represented in ALGA's 2018 Federal Budget submission (21 March
2018).
More...
Redland City Council takes stand on cyber respect
Redland City Council has taken a public stand against
negative online behaviour, launching a #pledgenot2sledge social
media campaign - and they're encouraging Qld councils to get
involved (21 March 2018).
More...
Queensland waste Stakeholder Advisory Group
announced
The Palaszczuk Government has today announced the
membership of the Stakeholder Advisory Group that will co-design
Queensland's statewide waste management strategy. Minister for
Environment Leeanne Enoch said the group would consist of
representatives from across the waste industry including the Local
Government Association of Queensland (21 March 2018).
More...
Palaszczuk Government announces waste strategy for
Queensland
The Palaszczuk Government has today announced a strategy
to stop Queensland from being the dumping ground for interstate
waste (20 March 2018).
More...
Keep your rubbish NSW': Queensland to bring back
dumped waste levy
Deputy Premier Jackie Trad said the levy would be more
than the $35-per-tonne rate charged in Queensland in 2011, and in
consultation with the Local Government Association of Queensland
[LGAQ] and with councils (20 March 2018).
More...
Now is the time to secure a zero waste future
Local Government Association of Queensland President and
Sunshine Coast Mayor Mark Jamieson said the Government needed to
demonstrate how its proposed waste levy could be used as a
springboard to reform waste processing (20 March 2018).
More...
Secretive $270m Brisbane council investment arm risks
heavy losses: economist
A leading economist joins the call for Brisbane City
Council's investment arm to face public scrutiny amid concern
it is secretly exposing ratepayers to unnecessary financial risks
(20 March 2018).
More...
In the media – Victoria
Queen Victoria Market revamp jeopardised by heritage
rejection
The City of Melbourne says it has been blindsided by
Heritage Victoria's decision to reject a key part of the
proposed $250 million redevelopment of Queen Victoria Market (28
March 2018).
More...
MAV response: Local Government Bill Exposure Draft
The Municipal Association of Victoria
(MAV) response to the Local Government Bill
exposure draft has welcomed many of the proposed reforms, but also
raised a number of concerns. These concerns include an expanded use
of regulation, electoral structures, conflict of interest
provisions, and a failure to properly review the rating system (21
March 2018).
More...
(Submission) More....
In the media – New South Wales
Recycling rescue package welcomed, but it's not new
money
Local Government NSW has welcomed the $47 million
recycling rescue package announced by the NSW Government, despite
disappointment the money is simply being diverted from funds
already aimed at better managing waste throughout the state (21
March 2018).
More...
In Practice and Courts
From around the coasts: annual Australian Coastal
Councils Conference
Mr Wynne's presentation on the Great Ocean Road
follows the release of an issues paper by a Victorian Planning
Ministry taskforce charged with the job of protecting and enhancing
the Great Ocean Road. Its issues paper Governance of the Great
Ocean Road Region identifies proposals for better coordination
between the key agencies responsible for the road and the tourist
destination. Submissions can be lodged before the end of April. More...
ABS Census 2021
The ABS will open public consultation on the review of
2021 Census topics on Tuesday, 3 April 2018. This will provide you
and your organisation with an opportunity to identify your data
needs and share your views on the most useful information to
collect in the 2021 Census.. The briefing on 5 April 2018 is an
opportunity to learn about the review of the 2021 Census topics and
how to participate in this process. briefing here Review of
2021 Census topics here
Infrastructure priority list: Project and initiative
summaries
Infrastructure Australia: 27 March 2018 - The
Infrastructure Priority List is updated regularly to reflect
emerging infrastructure priorities across Australia. It provides
independent, evidence-based advice to governments and industry on
the projects that will most benefit our growing communities. More...
Fire Australia 2018, 1-3 May, Brisbane Convention and
Exhibition Centre
Local Government representatives involved in facility
management, building compliance including building inspectors,
building surveyors and building certifiers, would find Fire
Australia 2018 of interest, particularly the presentations on the
NFPA cladding risk assessment tool, fire system maintenance and
baseline data. Fire Australia is run by FPA Australia, the peak
industry body for fire safety and protection. here
Fire Australia 2018, 1-3 May, Brisbane Convention and
Exhibition Centre
Local Government representatives involved in facility
management, building compliance including building inspectors,
building surveyors and building certifiers, would find Fire
Australia 2018 of interest, particularly the presentations on the
NFPA cladding risk assessment tool, fire system maintenance and
baseline data. Fire Australia is run by FPA Australia, the peak
industry body for fire safety and protection. here
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.
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. More...
Victoria
Draft State Environment Protection Policy (Waters of
Victoria)
The Victorian Government has reviewed two State
Environment Protection Policies (SEPPs) –
Waters of Victoria and its schedules, and Groundwaters of Victoria.
Issues of note for councils include on-site domestic wastewater
management and urban stormwater management. For further information
about our response, contact Rosemary Hancock. The
documents and details about making a submission can be found on the
Engage Victoria website
(29 March 2018).
The Independent Broad-based Anti-Corruption Commission is hosting a regional Integrity Insights forum on 20 April in Traralgon. This forum is specifically designed for public sector leaders, local government CEOs, senior leaders and employees with an integrity role (human resources, finance, procurement, risk and governance professionals). Registration is available online (29 March 2018). More...
Land Use Terms
Submissions are invited on the
Land Use Terms Advisory Committee's Discussion Paper
The Advisory Committee appointed to review and recommend
improvements to land use terms and their definitions in Clause 74
of the VPP released a Discussion Paper for public comment by 3
April 2018.
Queensland
Building our Regions (BoR): Round 4
The closing date for expressions of interest is 27 April
2018. Councils who have had Natural Disaster Relief and Recovery
Arrangements (NDRRA) activated due to the March
2018 flood events will have an additional four weeks to submit
their applications. More...
LGAQ: MIPP 2 Formal approval for applications
extended
The Department has confirmed that submissions must be
received by the closing date (midday Monday 9 April 2018) but can
be subject to formal approval which must be received by midday
Monday 16 April 2018 (28 March 2018).
More...
LGAQ: Have your say on two proposed Qld solar farm
guidelines
Developed to support and inform understanding, decision
making and community engagement regarding solar farm developments.
Written submissions can be made on either or both guidelines by no
later than 11 May 2018 (26 March 2018).
More...
Consultation: Department of State Development,
Manufacturing, Infrastructure and Planning
SDA application for a material change of use for high impact
industry in the
Townsville State Development Area closes 23 April 2018.
Developer donations bill reintroduced to
parliament
The Queensland Government has re-introduced legislation
to ban donations from property developers to state and local
government candidates. After previous legislation lapsed with the
dissolution of the last parliament, the Government has reintroduced
its Bill as the
Local Government Electoral (Implementing Stage 1 of Belcarra)
and Other Legislation Amendment Bill 2018. Reforms
contained within the Bill are expected to be applied
retrospectively from 12 October 2017, when the first Bill was
introduced.
QAO Audits
Managing local government rates and charges
The objective of this audit is to examine whether
councils set and administer rates and charges appropriately to
support long-term sustainability. April–July 2018 Report to
be tabled.
Local government entities: results of financial
audits
This report summarises the results of our financial
audits of the Queensland councils and the related entities they
control that produced financial statements at 30 June.
April–July 2018 Report tabled 22 March 2018.
More...
Land Valuations Online
The new land valuation data for 2018 can be accessed
online at www.qld.gov.au/landvaluation.
Queensland Globe also gives landowners access to detailed
valuation information allowing users to search for a property or
pan the map to areas of interest and zoom down to individual
property level. Landowners can access the Queensland Globe year
round via the Land Valuations website www.qld.gov.au/landvaluation.
Hard copies of the valuation list can be viewed at
Department of Natural Resources, Mines and Energy business centres
and local government offices during normal business hours until
close of business on 5 June 2018.
New South Wales
Code of Conduct for Councillors
Sydney, 27 April 2018 - for venue details contact LGNSW
Learning Solutions Register now.
More...
Draft Regional Pest Animal Management Plans
NSW Local Land Services is seeking feedback on 11 draft
regional strategic pest animal management plans by 20 April. The
plans will guide resource allocation and investment across the
state and provide a consistent basis for regional planning and
delivery. Feedback is being recorded via a short online
survey. More....
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...
Cases
Linville Holdings Pty Ltd v Fraser Coast Regional Council (No
2) [2018] QSC 62
The respondent pay the applicant's costs of the
proceeding to be assessed on the standard basis.
PROCEDURE – Civil proceedings in state and territory courts
– Costs – Offers of compromise, payments into court and
settlements – Informal offers and calderbank letters –
Unreasonable refusal of offer – where Calderbank offer made
and refused – where questions in proceeding are matters of
public importance – whether costs should be assessed on the
indemnity basis.
Muto v Shepparton City Council [2018]
VSCA 73
ADMINISTRATIVE LAW – Victorian Civil and
Administrative Tribunal (VCAT) – Refusal of
leave to appeal from VCAT – Matter heard and determined by
single member – Victorian Civil and Administrative
Tribunal Act 1998, cl 46E(1) of sch 1, required VCAT be
constituted by two members – Requirement removed by amendment
to cl 46E(1) made after hearing and before determination –
Whether VCAT properly constituted – Whether order within VCAT
jurisdiction – Effect of transitional provision –
Appeal allowed – VCAT order set aside – Proceeding
remitted to VCAT – Victorian Civil and Administrative
Tribunal Act 1998, cls 46E and 46F of sch 1 – Local
Government Act 1989 ss 81J(1)(b), 249.
ADMINISTRATIVE LAW – Appeal – Paragraph of County
Court statement of claim seeking costs in VCAT struck out –
Where basis for strike out is VCAT order as to costs – Effect
of invalidity of VCAT's order and remitter of proceeding to
VCAT – Whether utility in County Court proceeding –
Application for leave to appeal refused.
Legislation
Queensland
Bills Updated
Local Government Legislation (Validation of Rates and Charges)
Amendment Bill 2018
Introduced on 15/02/2018 Stage reached: Passed on
20/03/2018
Assent Date: 29/03/2018 Act No: 4 Commences: Date of Assent.
Vegetation Management (Clearing for Relevant Purposes) Amendment
Bill 2018
Introduced on 21/03/2018 Stage reached: Referred to Committee
on 21/03/2018.
New South Wales
Standard
Instrument (Local Environmental Plans) Amendment (Coastal
Management) Order 2018
(2018-105) — published LW 23 March 2018.
State
Environmental Planning Policy (Coastal Management)
2018
(2018-106) — published LW 23 March 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.