Australia: Local Government News – 22 May 2018

Last Updated: 31 May 2018
Article by Jenny Humphris, Joseph Monaghan and Peter Holt

Most Read Contributor in Australia, September 2018

In the media – National

$73.1 million package of measures for PFAS management
The PFAS Taskforce has announced that the Australian Government is continuing to support local communities affected by PFAS contamination with a new $73.1 million package of measures (11 May 2018). More...

Councils taking action on climate change
Local councils and communities are taking action on climate change in Australia according to a nationwide report released recently (11 May 2018). More...

Budget: councils 'in the vice' on population pressures
Regional local governments are disappointed with the lack of increases to financial grants while metropolitan councils feel the budget is silent on growing population, expert says (10 May 2018). More...

Budget: disappointment on local roads, community infrastructure
Local government peaks welcome ongoing funding for key roads, bridges and regions programs but say inaction on financial grants means councils face a shortfall (09 May 2018). More...

Councils look to budget for funding boost
A new $300 million a year community infrastructure fund and a boost to grants are among the measures local government are hoping to see in tonight's federal budget (08 May 2018). More...

2018 Regional Telecommunications Review to commence
Minister for Regional Communications, Senator Bridget McKenzie, has announced the committee which will undertake the next review of telecommunications services in regional, rural and remote areas (04 May 2018). More...

Mixed reaction to environment ministers' recycling agreement
Local government welcomes new pledge to tackle waste but recycling industry says implementation detail and funding are missing (01 May 2018). More...

In the media – Queensland

Logan Mayor Luke Smith likely to be suspended if changes pass Queensland's Parliament
The mayor of Australia's sixth largest council will most likely be stood down as soon as changes to ministerial powers pass through Queensland's Parliament. Under Queensland law, official corruption and perjury are indictable offences (14 May 2018). More...

Logan City councillor failed to declare campaign donations for more than two years
A prominent Logan City councillor did not declare more than $10,000 in campaign donations for more than two years, including gifts from a planning firm, property developer and a Taiwanese investment corporation (11 May 2018). More...

LGAQ condemns call for council commission as sheer madness
The Local Government Association of Queensland is outraged by suggestions a 'public service-style commission' is needed to rule over councils across Queensland. The LGAQ is calling on the State Government to rethink the proposal before going down this disastrous path (06 May 2018). More... More...

Queensland regional city builds landfill upon landfill to save space
China's refusal to accept recycled material from Australia highlights how regional communities are rethinking their waste management strategies (06 May 2018). More...

Councils adopt e-forms in digital transition
Residents in more than half of Queensland's councils will soon be able to lodge council forms online, with self-service on multiple devices and the potential for instant messaging (04 May 2018). More...

More charges to come in Ipswich and other councils in spotlight: CCC chair
The chairman of Queensland's corruption watchdog says more charges will be laid in Ipswich and possibly elsewhere as the CCC continues to investigate several councils and the State Government moves closer to sacking Ipswich City Council (04 May 2018). More...

Ipswich Council to be sacked as Mayor stands down amid fraud charges
The entire Ipswich City Council will be sacked and administrators appointed, the Local Government Minister announces, as Andrew Antoniolli confirms he will stand down as Mayor after being charged with fraud by Queensland's Crime and Corruption Commission (03 May 2018). More...

'Sack the council': Minister urged to act after second Ipswich mayor charged
Queensland's Local Government Minister Stirling Hinchliffe is under growing pressure to dissolve Ipswich City Council, with the Opposition saying he is clearly empowered to act and must do so for the good of Ipswich (03 May 2018). More...

Ipswich Mayor Andrew Antoniolli charged with fraud
Ipswich Mayor Andrew Antoniolli could be expelled from the Labor Party after Queensland's Crime and Corruption Commission charged him with seven counts of fraud over the alleged misuse of council money (02 May 2018). More...

Calls for crackdown on local government misconduct
Queensland's councils have put forward tighter transparency regulations beyond those proposed by the state's corruption commission (01 May 2018). More...

Recycling stockpile could cost Queensland councils $50 million per year
Queensland ratepayers may have to foot a $50 million bill as the stockpiling of recycling in the wake of China's decision to stop taking Australia's waste hits unprecedented levels, a Senate inquiry has been told (30 April 2018). More...

More transparency needed 'Beyond Belcarra'
The Local Government Association of Queensland has called on the State Government to introduce even stricter reforms for local government, beyond those recommended by the Crime and Corruption Commission's (CCC's) Operation Belcarra report. LGAQ CEO, Greg Hallam, AM said councils are determined to be leaders in transparency and accountability to guarantee public confidence and trust (29 April 2018). More...

In the media – Victoria

MAV appoints experienced leader Kerry Thompson to CEO role
The Board of the Municipal Association of Victoria (MAV) has appointed experienced local and State Government executive Kerry Thompson to the role of Chief Executive Officer (14 May 2018). More...

Victorian budget: Infrastructure, regions the big winners
Local government, transport and health groups have welcomed the Andrews Government's record investment in infrastructure and community services (04 May 2018). More...

Victoria aims to eliminate e-waste through council partnerships
Product stewardship program, MobileMuster, has partnered with local battery recycler, Envirostream, to offer councils new recycling bins that collect mobiles phones and all types of batteries (04 May 2018). More...

Big infrastructure budget, but falls short on recycling action
The Municipal Association of Victoria (MAV) welcomed the Budget's big spend on State and local infrastructure which will help councils to continue providing services and facilities to communities, but warned the recycling crisis would hit hard without further Government investment and action (01 May 2018). More...

In the media – New South Wales

LGANSW: Feds fund big projects but miss local opportunities
The Federal Budget handed down by Treasurer Scott Morrison tonight offers some benefits for the local government sector, but focuses on individuals rather than communities, Local Government NSW (LGNSW) said today (08 May 2018). More...

In Practice and Courts

ALGA: Budget overview for local government
The Turnbull Government's 2018/19 Federal Budget has left local government funding untouched with funding in key programs such as Financial Assistance Grants (FAGs) and Roads to Recovery (R2R) to continue at current levels. A general overview and economic outlook, Budget Priorities, Key initiatives and savings measures and "of interest" to local government are outlined here (1 May 2018). More analysis is available on the ALGA website. More...

Applications now open for Round 2 Smart Cities and Suburbs Program
Applications are now open for Round Two of the Government's Smart Cities and Suburbs Program, which commits $22 million to support local governments to solve local problems. Some changes to the Program Guidelines for Round Two have been made based on stakeholder feedback and learnings from Round One. The full guidelines, as well as information on how to apply, are available at this link. For more information on the Smart Cities and Suburbs Program please visit https://cities.infrastructure.gov.au/smart-cities-program (04 May 2018). Applications close on 2 July 2018. More...

OAIC Key dates

Australian Government Agencies Privacy Code
Commences 1 July 2018.

Australia 2021 Census – Have Your Say
The Australian Bureau of Statistics (ABS) is reviewing information in the 2021 Census of Population and Housing to ensure the data collected will meet Australia's needs to inform decisions made by governments, community organisations, businesses and individuals. A public consultation has been launched and councils are encouraged to make a submission before the 30 June closing date.

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...

Local Government Regulation & Compliance Conference
24 – 25 July 2018, Sydney - The national conference will examine strategic approaches to regulatory compliance. Strategies will be evaluated and successes measured. The forum will provide a platform to discuss how the sector as a whole can strive for consistency. High-level strategic themes will be tackled so that lessons can be applied across all compliance divisions within local government. More...

Queensland

LGAQ: Advocacy Action Plan released
The LGAQ has identified improving integrity and accountability, as well as addressing financial sustainability as the two major challenges local councils will continue to face for the remainder of this local government term. The LGAQ advises using this as a reference in dealings with the LGAQ. It identifies the goals Queensland's local councils are pursuing as they work to improve the lives of the people and communities they represent (11 May 2018). More... More...

LGAQ: What does the Federal Budget mean for councils?
The LGAQ breaks down the budget and what it means for Queensland councils (09 May 2018). What does the Federal Budget mean for councils?

The ALGA has provided further details and resources
ALGA fact sheet 1 - Budget Overview
ALGA fact sheet 2 - Transport Funding
ALGA fact sheet 3 - Local Government Financing
Australian Government Budget documents

Draft Design report released for Brisbane Metro
Brisbane City Council has released the Brisbane Metro Design Report for public consultation. Brisbane Metro will comprise of a 21-kilometre metro network that services 18 stations. In March 2018 the Brisbane Metro was confirmed as a 'High Priority Project' on the nation's infrastructure Priority List. Brisbane City Council is asking residents and stakeholders to provide their feedback, before 25 May 2018.

Queensland Government Gazette of 4 May 2018

Local Government Act 2009
Gazettal of Bundaberg Regional Council (Making of Local Law) Notice (No. 1) 2018 relating to a number of amendment local laws and subordinate laws made on 24 April 2018, including:
Administration (Amendment) Local Law (No. 1) 2018
Animal Management (Amendment) Local Law (No. 1) 2018
Community and Environmental Management (Amendment) Local Law (No. 1) 2018
Local Government Controlled Areas, Facilities and Roads (Amendment) Local Law (No. 1) 2018
Local Law No. 8 (Waste Management) 2018
Local Law (Repealing) Local Law (No. 1) 2018.

Planning Act 2016
Gazettal of Ipswich City Council Public Notice Adoption of Amendments to the Ipswich Planning Scheme Planning Scheme Minor Amendment Package 01/2018 made on 23 April 2018 to commence on 8 May 2018.

Sustainable Planning Act 2009
Gazettal of Bundaberg Regional Council Adoption Of Local Government Infrastructure Plan (LGIP) Amendment To The Bundaberg Regional Council Planning Scheme And Related Amendments To The Planning Scheme And Planning Scheme Policy For Development Works by Bundaberg Regional Council on 24 April 2018, commencing 7 May 2018.

Review of the Product Stewardship Act 2011 (including the National Television and Computer Recycling Scheme)
The Department of Environment and Energy (Commonwealth) is seeking input from industry, governments and the general public to ensure the Product Stewardship Act 2011 is effective and delivering the best outcomes for business and the environment. The framework includes voluntary, co-regulatory and mandatory product stewardship schemes and is of significant relevance to local government. The LGAQ will be making a submission to the Department and is seeking your input into this matter by 8 June 2018 (02 May 2018). Have your say on product stewardship

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.

New South Wales

ICAC Prosecutions
Operation Dasha public inquiry into allegations concerning former Canterbury City Council starts Monday
The Operation Dasha investigation public inquiry into allegations concerning the former Canterbury City Council is adjourned until Tuesday 12 June 2018.

More housing options for NSW: Low Rise Medium Density Housing Code
The new Code will allow one and two storey dual occupancies, manor houses and terraces to be built under fast-track complying development approval across NSW and also promotes good design for medium density housing. Low rise medium density housing as complying development is only allowed where medium density development is already permitted under a council's local environmental plan. The Medium Density Housing Code will commence on 6 July 2018.

Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be included in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. In essence; it is a simplifying of the development process and aligning the requirements for development across greenfield areas; the planning rules and the code are also presented in plain English to clearly explain planning rules. More...

Note: There will be a three-year transitional period, where applicants can choose whether to use the Greenfield Code, or the new simplified Housing Code or Transitional Code (until 13 July 2019).

Disaster Recovery Funding Arrangements
The federal government plans to replace the existing Natural Disaster Relief and Recovery Arrangements with Disaster Recovery Funding Arrangements on 1 July 2018. The DRFA permanently removes restrictions on the use of normal-hours salary and wages staff (day labour) and internal plant/equipment hire to councils that agree to revised co-contribution arrangements. Councils are encouraged to review the DRFA arrangements online and provide early feedback, via an online survey (27 April 2018).

Victoria

New MAV website
The new MAV website went live this week! Victorian councils and Insurance members are welcome to sign up to our members-only area of the website to access additional resources (10 May 2018).

New donation laws
The Victorian Government has announced proposed new political donation laws for State MPs with the Electoral Legislation Amendment Bill 2018 introduced to Parliament this week. The Bill seeks to cap donations at $4,000 over a four-year parliamentary term, reduce disclosure limits from $13,000 to $1,000 per year, ban foreign donations, and require disclosure of all donations online in real time (08 May 2018).

Cases

Hacienda Caravan Park Pty Ltd v Dodge [2018] NSWCATAP 108
APPEALS - contracts - general contractual principles - formation - conduct - subsequent conduct STATUTORY INTERPRETATION - interpretation - text, context and purpose - conflict between provisions - hierarchy of provisions - condition of that approval (which was periodically renewed) was that the operation of the Park had to comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (the "Local Government Regulation")

Loft v Minister for Local Government, Minister for Racing and Minister for Multicultural Affairs [2018] QSC 96
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – GENERALLY – where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist – where the applicant seeks that the decision of the Governor in Council be set aside – where the applicant seeks a declaration that the Local Government (Fraser Coast Regional Council – Dismissal of Councillor) Amendment Regulation 2018 (Qld) is invalid.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS –where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist – where the complaint regarding disclosure of the email was before the Local Government Remuneration and Discipline Tribunal – whether the respondent failed to take into account that the complaint was "unproven" – whether the respondent was precluded from acting on the complaint because it was before the Tribunal.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – IRRELEVANT CONSIDERATIONS – where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist –– where disciplinary findings regarding "previous inappropriate disclosures" by the applicant were taken into account by the respondent – whether the respondent considered whether the disclosed information was confidential – whether the respondent considered whether the applicant knew or ought reasonably to have known that the disclosed information was confidential – whether the respondent improperly took the applicant's "previous inappropriate disclosures" into account – whether the complaint regarding disclosure of the email was wrongly characterised as a breach of s.171(3) of the Local Government Act 2009 (Qld) and as amounting to misconduct.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – PROCEDURAL FAIRNESS – GENERALLY – where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist –where the applicant made submissions to the respondent that the complaint regarding disclosure of the email was "unproven" and before the Tribunal – whether the respondent considered the applicant's submissions – whether the respondent failed to give proper, genuine and realistic consideration to the applicant's submissions – whether the respondent breached the rules of natural justice.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – OTHER CASES – where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist – where the respondent made a finding that there was a real prospect that the applicant may engage in similar conduct in the future if action was not taken against him – where the respondent made a finding that the applicant's behaviour had damaged and continued to damage the standing of, regard for and confidence of the public in the Council, the position of Mayor of the Council, the position of councillor of the Council and the system of local government generally – whether there was evidence or other material to justify those findings.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – UNREASONABLENESS – where the Governor in Council dismissed the applicant as Mayor of the Fraser Regional Coast Council on the recommendation of the respondent under the Local Government Act 2009 (Qld) – where the respondent recommended the applicant's dismissal on the basis of 11 findings of misconduct or inappropriate conduct as well as a complaint regarding the disclosure of an email to a journalist – where the respondent formed the belief that the applicant had seriously and continuously breached the local government principles – where the respondent formed the belief that the applicant was incapable of performing his responsibilities – whether the exercise of power dismissing the applicant was so unreasonable that no reasonable person could so exercise the power.

Ardill Payne and Partners v Byron Shire Council [2018] NSWLEC 1220
The appeal is dismissed. APPEAL: application for onsite sewage management facility for future residential dwelling; quarry rehabilitation; ecologically sustainable development; land use conflict; protection of environment; equity; contamination. Local Government Act 1993; Local Government (General) Regulation2005.

Blacktown City Council v Saker (No 2) [2018] NSWLEC 71
CIVIL ENFORCEMENT - action to restrain unlawful depositing of fill material and earthworks, and to require their removal and remediation of site - such development prohibited or permissible only with development consent which had not been obtained – orders under the then s.121B of the Environmental Planning and Assessment Act 1979 to cease development – failure to comply with orders – matter heard ex parte – respondent an undischarged bankrupt – declaratory and injunctive relief sought – relief granted – indemnity costs ordered - Blacktown Local Environmental Plan 2015.

Strathfield Municipal Council v C & C Investment Trading Pty Ltd (No 3) [2018] NSWLEC 69
CIVIL ENFORCEMENT: Development departed in key respects from court-granted consent – boarding house development – heritage conservation area and heritage item affected – modification application rejected – no attempt to moderate environmental impacts – occupation certificate also challenged – some rooms leased before certificate issued – residents joined as respondents – Class 1 proceedings pending. Local Government Act 1993.

Joseph v Sutherland Shire Council [2018] NSWLEC 1193
DEVELOPMENT APPEAL: residential flat building – affordable rental housing – compatibility with existing and desired future character - variation to height standard - consistency with amalgamation plan for Caringbah Medical precinct – whether the amenity of the development is acceptable – whether the proposed development affects future development of adjoining sites – precedent.

Warrumbungle Shire Council v Yongmei Ou [2018] NSWLEC 70
CIVIL ENFORCEMENT – partial erection of building without development consent – use of land for residential accommodation without development consent – installation of moveable dwelling without approval – orders to remedy and restrain breaches – stay of orders for limited time – orders for substituted performance if non-compliance with court orders.
Local Government Act 1993 s.68, Pt.3; Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 cl.77; Warrumbungle Local Environmental Plan 2013 cl.2.3(1).

Shoalhaven City Council v Hayes [2018] NSWLEC 65
PROSECUTION - Charge 1 - vegetation clearing and cutting down trees on Lots 1 and 2 in Deposited Plan 1008950 in breach of s.125(1) of the Environmental Planning and Assessment Act 1979 - evidence establishes the plea was appropriate - extent of environmental harm caused - whether aggravating factor - held not to be aggravating factor - vegetation clearing and tree-cutting was undertaken for financial benefit - this constituted an aggravating factor - assessment of seriousness of the offending conduct - offending conduct at the upper end of the low range of seriousness PROSECUTION – Charge 2 - vegetation clearing and cutting down trees on Lot 62 in Deposited Plan 755928 in breach of Native Vegetation Act 2003 - plea of guilty - evidence establishes the plea was appropriate - extent of environmental harm caused - whether aggravating factor - held not to be aggravating factor - vegetation clearing and tree-cutting was undertaken for financial benefit - this constituted an aggravating factor - assessment of seriousness of the offending conduct - offending conduct at the upper end of the low range of seriousness. PROSECUTION – Charge 3 - vegetation clearing and cutting down trees on Lots 1 and 2 in Deposited Plan 1008950 in breach of Native Vegetation Act 2003 - plea of guilty - evidence establishes the plea was appropriate - extent of environmental harm caused - whether aggravating factor - held not to be aggravating factor - vegetation clearing and tree-cutting was undertaken for financial benefit - this constituted aggravating factor - assessment of seriousness of the offending conduct - offending conduct at the upper end of the low range of seriousness PENALTIES - discount for early plea - Defendant to be convicted of each charge - need to provide for both specific and general deterrence - indicative starting sentence of $50,000 fine for each offence - discount of 30% for each offence (including discount for the early guilty pleas) results in an appropriate starting penalty of $35,000 for each offence - offending arising from one course of conduct - consideration of accumulation and totality - adjustment of penalties for Charge 2 (to $28,000) and Charge 3 (to $21,000) - total penalty of $84,000 imposed PENALTIES - financial circumstances of Defendant - whether discretion to reduce penalty further pursuant to s 6 of the Fines Act 1996 appropriate - insufficient evidence concerning Defendant's financial circumstances - not appropriate to exercise discretion to reduce penalty further BANKRUPTCY - Defendant undischarged bankrupt - consideration of relevant provisions of Bankruptcy Act 1966 (Cth) - fines excluded - need to notify Defendant's Trustee in Bankruptcy of outcome of proceedings as a consequence of making costs order and investigation costs and expenses order - Prosecutor ordered to provide Defendant's Trustee in Bankruptcy with copy of judgment. Fines Act 1996, s.6; Local Government Act 1993, s.684; Local Land Services Amendment Act 2016, s.3; Shoalhaven Local Environmental Plan 2014, cl.5.9.

Barrak v City of Parramatta Council [2018] NSWLEC 67
APPEAL – s.56A appeal against decision of Commissioner - challenge to Commissioner's use of objective of Height of Buildings clause of Local Environmental Plan - whether contested objective had work to do - role of provision in the statute compared to the role of an environmental planning instrument created as a subordinate document - a provision in an environmental planning instrument cannot constrain a mandated requirement for an assessment pursuant to the statute - construction of the provisions of the environmental planning instrument - power to "read in" additional words - reading in not necessary for sense of provision in Local Environmental Plan - no vitiating defect in Commissioner's fact-finding - fact-finding not infected by unreasonableness - appeal dismissed.

SHMH Properties Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 66
APPEAL – modification of development consent – development consent to change use of building to boarding house and associated alterations to building – deletion of deferred commencement conditions requiring submission of BASIX certificate – whether development is "BASIX affected development" – whether building is "BASIX affected building" – whether certain units in the boarding house are "dwellings" – modification refused.

McGinn v Inner West Council [2018] NSWCA 90
The notice of motion is dismissed with costs. CIVIL PROCEDURE – notice of motion to set aside judgment of Court of Appeal for fraud – whether there was new evidence on the basis of which judgment should be set aside. Ashfield Local Environmental Plan 1985; Environmental Planning and Assessment Act 1979 (NSW), s.143; Evidence Act 1995 (NSW), ss.56, 143, 144.

Kelly v Szatow [2018] NSWCATOD 64
COSTS – Whether special circumstances warrant an award of costs – Where applicant's application was frivolous or vexatious or otherwise misconceived or lacking in substance – Where applicant was self-represented and had genuine concerns. Civil and Administrative Tribunal Act 2013 (NSW); Local Government Act 1993 (NSW).

Hacienda Caravan Park Pty Ltd v Dodge [2018] NSWCATAP 108
APPEALS - contracts - general contractual principles - formation - conduct - subsequent conduct STATUTORY INTERPRETATION - interpretation - text, context and purpose - conflict between provisions - hierarchy of provisions - condition of that approval (which was periodically renewed) was that the operation of the Park had to comply with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (the "Local Government Regulation").

Legislation

Queensland

Bills Updated

Liquor (Rural Hotels Concession) Amendment Bill
Introduced on 2/05/2018. Stage reached: Referred to Committee on 2/05/2018.

Vegetation Management and Other Legislation Amendment Bill 2018
Introduced by: Hon A Lynham MP on 8/03/2018
Stage reached: Passed with amendment on 3/05/2018
Assent Date: 9/05/2018 Act No: 7 Commences: see Act for details here.

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.

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Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

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