In the media – National
New Federal taskforce to reduce impact of natural
disasters
Following the recent floods, cyclones and fires that have
greatly impacted communities across the country, the Federal
Government has announced that it will establish a National
Resilience Taskforce to reduce the impacts of natural disasters on
the Australian community (13 April 2018).
More...
'Crisis' at the kerbside: groups seek federal
action on waste, recycling
Recycled content would be a mandated component of
government infrastructure projects under a new national plan put
forward by the waste and recycling sectors (10 April 2018).
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Data shines light on workforce trends in local
government
With 420 councils employing more than half their
workforce locally, Australian local government makes a significant
contributor to national productivity and quality of life, an
analysis shows (06 April 2018).
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$150 million needed to make Australia recycling industry
self-reliant
The waste industry is calling for a national
'circular' approach to recycling, after China banned the
import of 24 types of Australian waste and recyclable material (04
April 2018).
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In the media – Queensland
Yamanto man charged with Misconduct in Public Office -
13 April 2018
A 54-year-old Yamanto man was today served with a Notice
to Appear in Court to face one charge of Misconduct in Public
Office following a CCC investigation. The former Ipswich City
Council employee will face one charge of Misconduct in Public
Office contrary to section 92A(1) of the Queensland Criminal Code
and is expected to appear in the Brisbane Magistrates Court on 2
May 2018 (13 April 2018).
More...
Palaszczuk Government praises Cairns Council for
removing plastic straws
Minister for Environment Leeanne Enoch has praised Cairns
Regional Council for taking steps to remove plastic straws and
other single-use plastics from their venues and operations, and
says the Council is setting a great example for the rest of
Queensland (13 April 2018).
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Collaborations key to regional water security
Water partnerships are springing up across Queensland,
with councils proactively working towards their own water security
solutions in collaboration with industry, neighbouring councils and
the State Government (12 April 2018).
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Ratepayers the winners as Council joins electricity
trial
Toowoomba Regional Council (TRC) has
become the first council in Queensland to join a trial to optimise
electricity use and ultimately save money for ratepayers (12 April
2018).
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Mining giant pays $3.8m in tax, payments to Gladstone
council
Gladstone Regional Council received a $3.8 million slice
of Rio Tinto's almost $5 billion paid in voluntary taxes and
payments in Australia last year. The City of Karratha and Shire of
Ashburton were the only two Aussie councils that received more than
Gladstone (10 April 2018).
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Waste safeguards now in place for Ipswich
Minister for State Development, Manufacturing,
Infrastructure and Planning Cameron Dick has advised Ipswich City
Council of his intention to use statutory powers under the
Planning Act 2016 to make a TLPI in response to community
and Council concerns over the impact that waste facilities can have
on neighbouring residents (07 April 2018).
More...
New protections for Ipswich residents regarding waste
facilities
The Palaszczuk Government has acted to further regulate
development applications in Ipswich for new or expanded waste
facilities in the Swanbank and New Chum industrial area (05 April
2018).
More...
In the media – Victoria
Mystery surrounds location of Victorian Mayor
A business owner calls for the Victorian Government to
step in and appoint administrators to take over the Ararat Rural
City Council in the state's west, as questions are raised about
the Mayor's whereabouts (13 April 2018).
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IBAC survey - Victorian community perceptions
According to a new report
released by the Independent Broad-based Anti-Corruption
Commission, two-thirds (or 65 per cent) of Victorian community
respondents to their survey agreed they knew what behaviour
constitutes corruption. The
full report and its
key findings can be accessed online (10 April 2018).
More...
Regional partnerships for digital connectivity
Victoria's
nine regional partnerships will share in $1 million State
funding to develop comprehensive digital plans which address the
needs and priorities of a specific region using new technologies
and infrastructure. This funding comes as part of a $45 million
boost in the Victorian Budget 2017/18 for digital initiatives that
will boost digital connectivity across the state (11 April 2018).
More...
In the media – New South Wales
Online tool to help governments plan solar use
A new platform that calculates the solar power potential
of rooftops promises to help local councils and urban planners make
decisions about investments in solar. The SunSPoT online tool has
been developed by Australian PV Institute (APVI)
and UNSW with technology partners Solar Analytics and Enosi (13
April 2018).
More...
New Greenfield Code welcomed
The Property Council today welcomed the State
Government's new Greenfield Housing Code that allows one and
two storey homes, renovations and extensions to be carried out
under a fast-track complying development approval. The changes
start on 6 July 2018 and will save councils, industry and
homeowners time without compromising on outcome (11 April 2018).
More...
Councils encouraged to apply for funds as new NSW
coastal legislation commences
NSW Environment Minister Gabrielle Upton and Planning
Minister Anthony Roberts have welcomed the commencement of the
NSW Coastal Management Act. The NSW Government worked with
councils to deliver the new legislative and regulatory framework to
support the coordinated planning and management of the State's
coastal areas (03 April 2018).
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In Practice and Courts
Austroads calling for council comments on Temporary
Traffic Management Practice guide
Austroads is continuing to develop the guide series for
Temporary Traffic Management Practice in consultation with ALGA and
various other industry stakeholders. This guide will sit alongside
the Australian Standard AS1742.3 and provide comprehensive national
guidance for all practitioners operating in Temporary Traffic
Management. Interested council officers should contribute technical
comments towards the drafts as they are published. The industry
comment period closes on Monday 30 April 2018.
More...
Website provides guidelines on PFAS contamination
response
The Australian Government has published a PFAS (per- and
polyfluoroalkyl substances) website to serve as a central
portal of authoritative information on PFAS. The PFAS website
provides a range of guidance
material that describes how government bodies and other
responsible entities should respond to PFAS contamination (13 April
2018).
More...
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. Learn more about the public
consultation and the Review of 2021 Census topics here.
Recall of G8Safe pool fence latches
SafeTech Hardware Australia has recalled a number of
products (non-compliant latches). The non-compliant latches do not
comply with AS 1926.1-2012
What should A1, A2, A3 and E1 certifiers and councils do?
When certifiers and councils inspect swimming pool barriers they should check if the non-compliant latches are fitted. If the barrier has a non-compliant latch, the lock on the latch should be disabled immediately in accordance with the consumer advice given by the ACCC. 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. See here to learn more or
contact FPA Australia's events team.
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. A
discussion paper is available to provide guidance to councils
for the development of Motions for debate.
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...
Queensland
LGAQ: Natural Disaster Resilience Program 2017-18
The 2017-18 Natural Disaster Resilience Program
(NDRP) is now open for funding until 27 April
2018.
More...
LGAQ: Tell us what you think: Office of the
Ombudsman
A strategic review of the Office of the Queensland
Ombudsman will give councils their say in its effectiveness and
operation. Councils are invited to contact the LGAQ and provide
input into our submission by 16 April 2018 (06 April 2018).
More...
Draft Kangaroo Point Peninsula neighbourhood plan
A second period of public consultation is expected in
mid-2018, with the adoption and gazette of the final neighbourhood
plan expected in early 2019. Further information on the Kangaroo
Point neighbourhood plan process can be found on Brisbane City
Council's
website (05 April 2018).
Local Government Act 2009
Gazettal of Goondiwindi Regional Council (Making
of Local Law) Notice (No 1) 2018. Goondiwindi Regional Council
has, by resolution dated the 28 March 2018, made Animal
Management (Amendment) Subordinate Local Law (No 1) 2018
amending the Subordinate Local Law No. 2 (Animal Management)
2011 [gazettal 06 April].
Local Government Act 2009
Gazettal of Moreton Bay Regional Council Interim
Local Law No. 2 (Advertising Devices) 2018. The Moreton Bay
Regional Council has, by resolution dated the 27 May 2018, made the
interim local law amending the Moreton Bay Regional Council
Subordinate Local Law No. 1 (Administration) 2011 [gazettal 06
April].
Local Government Regulation
2012
Gazettal of the notice by Barcaldine Regional
Council that, unless overdue rates and expenses of sale owing in
relation to the land mentioned in the Schedule are sooner paid, the
land will be sold by public auction on 13 April 2018. Gazettal of
the notice by Central Highlands Regional Council that, unless
overdue rates and expenses of sale owing in relation to the land
mentioned in the Schedule are sooner paid, the land will be sold by
public auction on 18 April 2018.
Round 4 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. For more information visit here.
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.
More...
Land Valuations Online
The new land valuation data for 2018 can be accessed
online at 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.
Victoria
VPA: Call for Strategic Sites
In the coming weeks, the Victorian Planning Authority
(VPA) will be considering strategic sites that the
Minister for Planning Richard Wynne MP can incorporate into
VPA's 2018/19 work program or beyond (05 April 2018).
More...
New South Wales
Code of Conduct for Councillors
Sydney, 27 April 2018 - for venue details contact LGNSW
Learning Solutions.
More...
Cases
Ku-ring-gai Council v Chia [2018]
NSWLEC 40
PRACTICE AND PROCEDURE - notices to produce –
objection to access to documents on ground that documents subject
to legal professional privilege – whether legitimate forensic
purpose.
Erector Group Pty Ltd v Burwood Council; Liverpool
Developing Pty Ltd v Burwood Council [2018]
NSWCCA 56
SENTENCING – aggravating factors –
substantial harm, injury, loss or damage – offenders carried
out development without appointing a principal certifying authority
or obtaining a construction certificate contrary to legislation
– adjoining building collapsed after excavation occurred
– whether damage to adjoining building was caused by
contravention of legislation.
SENTENCING – relevant factors on sentence – De Simoni
double counting – offenders carried out development without
appointing a principal certifying authority or obtaining a
construction certificate contrary to legislation – adjoining
building collapsed after excavation occurred – failing to
protect and support or underpin adjoining buildings was also an
offence under the legislation – whether taking into account
damage caused was contrary to De Simoni.
Crimes (Sentencing Procedure) Act 1999 (NSW);
Criminal Appeal Act 1912 (NSW); Environmental Planning and
Assessment Act 1979 (NSW); Environmental Planning and
Assessment Regulation 2000 (NSW).
TC (Tallwoods) Pty Ltd v Liverpool City
Council [2018] NSWLEC
48
PROCEDURE – application for expedition –
failure of Council to accept development application potentially in
breach of statutory duty – relevance of Applicant being
prevented from exercising put and call options – relevance of
consequential financial hardship – expedition granted.
Legislation
Queensland
Bills Updated
Local Government (Councillor Complaints) and Other Legislation
Amendment Bill 2018
Stage reached: 2nd reading to be moved on 9/04/2018.
Victoria
No 38
Building Regulations 2018
Commencement: 02/06/2018: reg. 3 Not yet in operation: Regs
1-286: on 02/06/2018: reg. 3.
Division 6 —Duties of council
49 Period that documents must be kept
50 Relevant council to make documents available on request
51 Requests for information from relevant council
52 Fees for requests for information
The Victorian Commencement Book is available on the Office of the Chief Parliamentary Counsel website.
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.