Australia: Local Government News – 13 August 2018

Last Updated: 17 August 2018
Article by Gerard Timbs, Jenny Humphris, Joseph Monaghan and Peter Holt
Most Read Contributor in Australia, September 2018

In the media

Goals for our future - the Sustainable Development Goals
Local governments across Australia are working to strengthen and protect: a clean and safe environment; access to opportunity and services; human rights; strong and accessible institutions; inclusive economies; diverse and supportive communities; and our Aboriginal and Torres Strait Islander cultures and heritage (03 August 2018). More...

Future of heavy vehicle road user charges
A Regulation Impact Statement looking at options for different ways to set heavy vehicle road user charges has been released for comment. Stakeholder feedback on the Regulation Impact Statement will be important in helping to inform a decision by governments on the way forward for heavy vehicle road user charges. Consultation closes on 31 August 2018. View the Regulation Impact Statement and have your say here (27 July 2018). More...

Why narrow streets are the way of the future
Narrow streets are commonplace in city centres throughout Australia; now urban planners are paving the way for skinny roads in the suburbs. Vehicle speeds, cost and stormwater drainage are all factors pushing councils to make their streets more slender (26 July 2018). More...

Most people support recycling but are confused about which bin to use
Most people are supportive of recycling but hopelessly confused about what goes in which bin, new research has found. Furthermore, most people assume they are sorting their household waste correctly and don't realise that rules about recycling differ between suburban councils (25 July 2018). More...


LGAQ: What role for the CCC in local government?
It is time to tackle the difficult and often thorny issue of the role of the Crime and Corruption Commission in the daily life of Queensland councils. Over the nearly 30-year history of the CCC (originally the Criminal Justice Commission) its significance has waxed and waned commensurate with the government of the day, its enabling legislation and funding provided to it (02 August 2018). More...

Nearly half of koalas die after Gold Coast relocation
The Queensland Government is reviewing its koala "translocation" policy after than 100 koalas die after being shifted 40 kilometres from their habitat into the Gold Coast Hinterland (02 August 2018). More...

Cameras to study Brisbane CBD jaywalkers after recent accidents
Illegal jaywalkers to be under video surveillance in Brisbane's CBD under a new plan to improve pedestrian safety in the wake of recent incidents where people have been injured or killed in traffic accidents at intersections. The council has committed to rolling out new safety measures in the danger zones that arise from this research (31 July 2018). More...

QRA ready for disaster funding reform
The new Disaster Recovery Funding Arrangements (DRFA) will apply to disaster events from 1 November 2018, with the existing NDRRA Determination 2017 applying to natural disasters between now and 31 October 2018. The system has been developed in consultation with local governments and state agencies and QRA will continue to work to ensure a smooth transition to using MARS (30 July 2018). More...

QLS: Current Dissolution of Ipswich City Council draft Bill fundamentally flawed
The Queensland Government's proposed Dissolution of Ipswich City Council would deny the electorate democratically appointed local representatives and improperly impugn the legal rights of councillors not facing any or not yet convicted of criminal charges or disciplinary offences, according to Queensland's peak legal body (30 July 2018. More...

Corruption watchdog chief backs bill to sack Ipswich Council
Queensland's Crime and Corruption Commission chief Alan MacSporran tells a parliamentary hearing into a bill to sack Ipswich Council that denying councillors the presumption of innocence is warranted and dumping the council is in the best interests of the public (30 July 2018). More...

$29m worse off: Secretive Ipswich Council 'dud deals' exposed
A secretive development arm of Ipswich City Council broke corporate laws, cut questionable property deals and inappropriately donated $10,000 to an elite school attended by the children of three of its directors, according to state government auditors (24 July 2018). More... More...

Council leads residents in best practice recycling trial
The Bundaberg Region is one of two councils selected to participate in a recycling trial to define best practice kerbside recycling processes (27 July 2018). More...

New entry signs mean safer streets
The Palaszczuk Government will introduce new signs and line marking at the entrance of towns across the state as part of its commitment to improving safety on regional roads (26 July 2018). More...

Queensland councils shortlisted for infrastructure funds
Thirty-nine regional councils from Torres Shire to Bulloo have been shortlisted for a share in $70 million under the latest round of the Queensland Government's Building our Regions program (25 July 2018). More...


Composting food & organic waste & reducing landfill
Eight Melbourne councils are set to reduce the amount of food and organic waste they send to landfill, thanks to a new composting facility supported by the Turnbull Government. The composting facility will recycle approximately 120,000 tonnes of food and organic waste per year and produce 50,000 tonnes of high-grade compost for the municipalities' gardens and parks (02 August 2018). More...

Turning food waste into compost gold: Urban composting symposium to reveal latest research
While local councils across Australia have begun trialling alternatives to landfilling household food waste, Swinburne University of Technology has been conducting research comparing kerbside food waste collection and offsite composting with medium-scale onsite composting (27 July 2018). More...

New Victorian screening process for contaminated land
The Victorian Government's response to the Inquiry into the Victorian EPA's supported a risk-based approach to assessing potentially contaminated environments and setting statutory requirements for the notification, clean up, and safe redevelopment, of contaminated sites. During a pilot, environmental auditors on DELWP's PRS panel will conduct PRSs, on sites chosen by DELWP and EPA. So far, two local governments have committed to be part of the pilot; City of Whittlesea and City of Greater Bendigo (27 July 2018). More...

MAV: Time to action wasted landfill levy opportunities
The Municipal Association of Victoria (MAV) has welcomed the release of a report by the Victorian Auditor General into the use of State landfill levies, with many of the findings reflecting concerns raised by local government in recent years (27 July 2018). More...

New South Wales

LGNSW welcomes report calling for city councils to have a louder voice in decisions affecting Sydney
The Local Government NSW (LGNSW) welcomed the Committee for Sydney report: A New Era for Local Government. The report recommends a menu for reform calling for local government to have a louder voice and bigger role in policies and decisions that shape Sydney (27 July 2018). More...

Sydney's new resilience strategy identifies key threats
Managing the impacts of population growth, terrorism threats and natural disasters are among the issues raised in the City of Sydney's first-ever resilience strategy (26 July 2018). More...

In practice and courts

National Pollutant Inventory Review
The National Pollutant Inventory (NPI) is currently being reviewed by a working group from the federal, state and territory governments and is open for comment until 10 August 2018.

My Health Record information for councils - Your health record in your hands
My Health Record places your health in your hands. It's a digital summary of a person's key health information which is being created for every eligible Australian with a Medicare or Department of Veterans' Affairs card in 2018, unless they choose not to have one. Councils can provide their support for the My Health Record by displaying brochures and posters in Immunisation Clinics, within newsletters or any mail outs. For more information visit your local Primary Health Network or click here.

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...

Rate-capping video update
Vic Councils have updated their rate capping video to help explain to communities how property valuations, council funding and rate capping work. The video is available on the Vic Councils website along with fact sheets and other helpful resources (02 August 2018).

Smart Planning Program Amendments
One of the most significant overhauls to planning schemes since adoption of the Victoria Planning Provisions has been enacted. Amendment VC 148 makes a number of structural changes to incorporate VicSmart provisions into relevant zones and overlays, and setting out State and Regional policy in a new integrated Planning Policy Framework. Existing local policy will be adapted to the new structure in several tranches (02 August 2018).


QRA ready for disaster funding reform
The new Disaster Recovery Funding Arrangements (DRFA) will apply to disaster events from 1 November 2018, with the existing NDRRA Determination 2017 applying to natural disasters between now and 31 October 2018. To assist with the implementation, QRA has developed Management and Reporting System (MARS), a user-friendly online application designed to streamline the disaster funding submission process. MARS will be used for events occurring after 1 November 2018, in line with the implementation of DRFA (30 July 2018). More...

LGAQ: Flood Warning Standard Consultation
The Flood Warning Infrastructure Standard provides performance requirements for infrastructure which measures, communicates and stores rainfall and river-level data for flood monitoring and prediction. The standard is available for industry consultation until 31 August 2018 and you are encouraged to raise any issues, comments, corrections or other feedback. Copies of the Consultation Draft Flood Warning Infrastructure Standard can be downloaded here. More...

Building our Regions program: Round 4
Funding isn't guaranteed and councils with shortlisted projects will now have to prepare business cases for their projects, demonstrating detailed and compelling reasons for their projects to gain funding, and submit their business cases by 7 September 2018. Successful projects are expected to be announced in late 2018 (25 July 2018). More...

Local Government Bulletin - updated 27 July 2018
Discounting of employee benefits in accordance with AASB119
This bulletin is to advise local governments of the rates applicable to Commonwealth Government Bonds as at 30 June 2018 for the purpose of discounting employee benefits under Australian Accounting Standard AASB119 Employee Benefits.

LGAQ: Heavy vehicle update: Chain of responsibility laws
On 1 October 2018, amendments to the Chain of Responsibility (CoR) laws will come into effect. These changes will apply a direct duty of care on local government and more and more closely align the laws with Work Health & Safety laws. More...

New South Wales

Office of Local Government: Circulars
18-20 Guidance to councils on transitioning to the new Australian Accounting Standards (2 August 2018)

Recycling and Waste Grants
Grants are still available through the NSW Government's $47 million rescue package – part of Waste Less, Recycle More – to help councils ensure kerbside recycling continues and to pursue new waste management initiatives (27 July 2018). More...

Sydney Resilience Strategy
Resilient Sydney contains a 5-year action plan with 35 actions that are categorised along the following flagship directions: People-centred, live with the climate, connect for strength, get ready and one city (26 July 2018). More...

Draft Design Guide for Heritage
The draft Design Guide for Heritage is now on public exhibition so community members and industry stakeholders can have their say on what it should include to ensure heritage is protected for future generations. Submissions close 17 August 2018. More...

Amendments to Retail Land Use Definitions
The NSW Department of Planning and Environment (DP&E) has advised councils and other planning authorities that local environmental plans have been amended to include a revised definition of 'garden centre' and a new definition of 'artisan food and drink industry'. The changes, which have been added to the dictionary of the Standard Instrument (Local Environmental Plans) were explained in detail in a circular released in July (27 July 2018).

Mobile Phone Base Station Deployment Industry Code
A revised version of the national Mobile Phone Base Station Deployment Code has been released for public comment. The code is a voluntary, industry standard applying to low-impact mobile phone radio communications infrastructure. LGNSW is drafting a submission on behalf of the sector and contributions from councils are welcome. More...



Trask Development Corporation No 2 Pty Ltd v Moreton Bay Regional Council [2018] QSC 170
ADMINISTRATIVE LAW JUDICIAL REVIEW MEANING OF DECISION GENERALLY where a developer submitted a request for mapping change of an overlay map to the council via an online form where the council refused the request where the developer applied for a statutory order of review of that refusal where the council applied to have the application summarily dismissed under rule 16 of the Uniform Civil Procedure Rules 1999 and section 48 if the Judicial Review Act 1991 whether the refusal was a decision to which the Judicial Review Act 1991 applied.
ADMINISTRATIVE LAW JUDICIAL REVIEW DECISIONS UNDER AN ENACTMENT DECISIONS UNDER INSTRUMENTS where the council applied to summarily dismiss the application by a developer for statutory review of a refusal to amend an overlay map whether the refusal was made under an enactment.
ADMINISTRATIVE LAW JUDICIAL REVIEW GENERALLY where the council applied to summarily dismiss the application by a developer for statutory review of a refusal to amend an overlay map where the council alleged that the application did not comply with section 25 of the Judicial Review Act 1991 because it did not set out the grounds whether the application complied with section 25 of the Judicial Review Act 1991.

Kelsey v Logan City Council & Ors [2018] QIRC 99
The Commission (as constituted) recuses itself from hearing and determining the Applications in terms of objections to the Attendance Notice to Produce.
The Commission (as constituted) recuses itself from hearing and determining the substantive Application.
INDUSTRIAL LAW – PUBLIC INTEREST DISCLOSURE – Applications in Existing Proceedings - Notices of Objection - Attendance Notice to Produce issued to the Crime and Corruption Commission - Applications for Industrial Commissioner to recuse himself from hearing or determining the Application to set aside the Attendance Notice to Produce - Application for the Industrial Commissioner to recuse himself or be prohibited from further hearing or determining the substantive Application - Fair-minded Lay Observer - Apprehended Bias - Grounds - Authorities - The Commission (as constituted) recuses itself from hearing and determining the Applications in terms of objections to the Attendance Notice to Produce - Commission does not accept that the Respondents have established based on the relevant test that a fair-minded lay observer might reasonably apprehend that the Commission (as constituted) would not bring an impartial mind to hearing and determining the substantive Application as a consequence of the Interlocutory Decision of 4 May 2018 - The Commission (as constituted) nevertheless recuses itself from hearing and determining the substantive Application on other grounds.

New South Wales

So Nash Pty Limited v Inner West Council (No 2) [2018] NSWLEC 1391
DEVELOPMENT CONSENT – appeal against the imposition of a number of conditions on development consent for the adaptive reuse of a local heritage item, including a condition requiring the deletion of one off-street car parking space and a condition notifying the future occupants of the development that they are not eligible to participate in the Council's Resident Parking Scheme – deferred commencement conditions deleted and changes to the proposal described in those conditions incorporated in amended architectural drawings.

Leda Holdings Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1394
DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling currently under construction – new tennis court – exceedance of height of buildings development standard – impact on streetscape.

Hussar Pty Ltd v Northern Beaches Council; Sekulic v Northern Beaches Council [2018] NSWLEC 1393
ORDER and MODIFICATION APPLICATION – non-compliance of development consent – deletion of undergrounding of utility services condition – village streetscape – landscaping constraints.

Moseley v Queanbeyan-Palerang Regional Council (No 3) [2018] NSWLEC 111
ENVIRONMENTAL OFFENCES – COSTS – exercise of discretion whether to award costs thrown away in course of finalising stated case to Court of Criminal Appeal.

Wilkie v Canterbury Bankstown Council [2018] NSWLEC 1381
DEVELOPMENT APPLICATION – Mixed use development – height – architectural roof feature.

Ritchie v The Hills Shire Council [2018] NSWLEC 1376
APPEAL – Development consent - dual occupancy under the State Environmental Planning Policy (Affordable Housing) 2009 (SEPP ARH) – location of site within "accessible area" as defined under cl 4 of the SEPP ARH.

Regent Land Pty Ltd ATF Regent Land Unit Trust v Georges River Council [2018] NSWLEC 1370
DEVELOPMENT APPLICATION – compliance with new high density controls for the Kogarah North Precinct – strategic intent of controls – planned density – height breach – clause 4.6 – site amalgamation requirement – site isolation – development if not amalgamated – precedent – objections.



Heavy Vehicle National Law - Heavy Vehicle Stated Maps – Amendment Notice 2018 (No.3)
Gazette 26/07/2018 - The purpose of this Notice is to amend stated maps for vehicles at the request of road managers. The amendments take effect 28 days after publication.


Subordinate legislation as made – 27 July 2018
No 108 Land (Deferred Rent) Amendment Regulation 2018
No 110 Building and Other Legislation (Cladding) Amendment Regulation 2018
The Regulation is made under the Building Act 1975, and the State Penalties Enforcement Act 1999. The policy objectives of the Regulation are to determine the extent of the use of potentially combustible cladding on existing private buildings in Queensland and raise awareness with building owners of the risks associated with potentially combustible cladding. The Regulation commences on 1 October 2018.

New South Wales

Environmental Planning Instruments
Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018 (2018-404) — published LW 27 July 2018
Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018 (2018-405) — published LW 27 July 2018
State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018 (2018-406) — published LW 27 July 2018
State Environmental Planning Policy Amendment (Garden Centres) 2018 (2018-407) — published LW 27 July 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.

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