In the media
Model sets higher bar for digital local government
Councils would dramatically ramp up their e-government
efforts by adopting a multichannel approach and working closer with
third parties under a proposed framework (28 August 2018).
More...
A new innovation hub at the Digital Transformation
Agency
The federal Digital Transformation Agency
(DTA) has launched a new co-Lab innovation hub to
help accelerate cross-government collaboration and digital
innovation (31 August 2018).
More...
Councils step up to improving heavy vehicle productivity
and safety across Australia
The Federal Government has announced that 93 road upgrade
projects will share in a total of $132.5 million in federal funding
under Round Six of the Heavy Vehicle Safety and Productivity
Program. To read more about the Heavy Vehicle Safety and
Productivity Program, including a full list of successful Round Six
projects, click
here (31 August 2018).
More...
Draft Basin Plan report released
Minister for Agriculture and Water Resources David
Littleproud has welcomed the Productivity Commission's draft
report - Murray-Darling Basin Plan: Five-year assessment - on Basin
Plan implementation. The Commission has proposed draft
recommendations designed to give the Plan every chance of success.
By 2024, Governments are to deliver an ambitious suite of projects
(31 August 2018).
More...
ALGA welcomes new local government minister
The Australian Local Government Association
(ALGA) congratulates and welcomes the new federal
minister responsible for local government, Senator the Hon Bridget
McKenzie (27 August 2018). More...
Queensland
$5 million funding ensures councils are waste levy
ready
The Palaszczuk Government will invest $5 million in local
councils to get them 'levy ready' in time for the
introduction of Queensland's waste disposal levy on 4 March
2019 (31 August 2018).
More...
Plans to safeguard residents from waste operators
approved
Waste operators across Ipswich have been forced to reduce
their effects on the community after planning safeguards were
approved by the State Government. Minister for State Development,
Manufacturing, Infrastructure and Planning Cameron Dick said he had
amended the Temporary Local Planning Instrument (01 September
2018).
More...
TLPI 01/18 can be viewed by searching for 'Temporary Local Planning Instrument 01/18' here.
Waste safeguards improved across Ipswich
Waste operators across Ipswich will be able to reduce
impacts on the community and environment after amendments to
planning safeguards were approved by the State Government this
week. While these TLPIs regulate development applications for these
areas, Council will use the two-year interim period to amend their
planning scheme to address community concerns over the impact of
waste facilities (31 August 2018).
More...
Water utilities switch on to digital meters
Digital meters could provide water utilities with improved
infrastructure management and the means for greater customer
engagement, according to a new paper. Cairns Regional Council says
the smart water meters will provide daily data, which will help it
more quickly identify leaks, enable more timely repairs and help
residents better manage their water usage and save money (30 August
2018).
More...
Councils respond to CCC call for governance
reforms
Local Government Association of Queensland President and
Sunshine Coast Council Mayor Mark Jamieson has reaffirmed that
councils welcome any and all actions that genuinely support greater
adherence to good governance and ways to strengthen public trust in
the system of local government (28 August 2018).
More...
Gold Coast koala population declining
A Gold Coast City Council report shows one of south-east
Queensland's largest koala populations will likely halve in
numbers within 20 years and will be unviable in 50 years (30 August
2018).
More...
Upgrade for Mount Coolum summit trail
Queensland Parks and Wildlife Service
(QPWS) Senior Ranger Omar Bakhach said works would
include tidying up and defining the main track, defining viewing
areas on the summit, installing new interpretive signage, and
closing informal tracks and rehabilitating those damaged areas (29
August 2018).
More...
Controversial north-west Brisbane neighbourhood plan to
be implemented
A controversial neighbourhood plan that received more than
700 submissions and has been debated for close to three years will
be implemented in September. The Ferny Grove-Upper Kedron
Neighbourhood Plan, which includes the Cedar Woods development, was
first proposed by Brisbane City Council in June 2014 (28 August
2018).
More...
Council city planning boss worried state-led development
will create 'islands'
Brisbane City Council's planning boss is concerned the
state government approach to city planning could "create
islands" without necessary infrastructure. On August 10 the
state government declared two new Priority Development Areas at
Oxley and Yeronga (29 August 2018).
More...
Inland Queensland Road Network Strategy launched
Local governments across regional Queensland are leading
the charge in seeking equity in government funding for the
strategic inland road network to provide benefits to industry,
communities and tourism. The Inland Queensland Road Network
Strategy was launched in Ingham last week at the Northern
Alliance of Councils Annual Conference (28 August 2018).
More...
$41.85 million betterment funding for 22 Qld
councils
Improvements to roads and public infrastructure will
continue to be rolled out across the state thanks to the 2017
Betterment Fund, which aims to increase Queensland communities'
resilience to natural disasters (24 August 2018).
More...
Local government urged to have their say in faunal
extinction crisis
As one of the major investors in protecting and preserving
our environment, councils across Queensland are being asked to have
their say in an inquiry into Australia's Faunal extinction
crisis (23 August 2018).
More...
Combustible Cladding Update
The Queensland Government has launched a new website
providing further information on the new obligations on owners of
private and local government buildings to undertake a mandatory
'combustible cladding checklist' (22 August 2018).
More...
Planning and economic development expert appointed
Ipswich Interim Administrator
Respected planning and economic development expert Greg
Chemello has been appointed Interim Administrator of Ipswich City
Council. Mr Chemello's appointment takes effect on Thursday and
follows the passage of legislation in State Parliament yesterday to
dismiss Ipswich City Council (22 August 2018).
More...
Ipswich council labelled 'outlaw gang' in
Parliament, sacking imminent as laws pass
Ipswich City Council will be sacked this morning, after
Queensland Parliament approves a bill giving the Local Government
Minister dismissal powers in response to fraud and corruption
allegations (21 August 2018).
More...
Ipswich City Council integrity crisis prompts
appointment of Administrator
State Parliament has passed legislation to dismiss Ipswich
City Council and appoint an Interim Administrator, who will assume
the full role and responsibilities of Council until the next local
government elections in 2020 (21 August 2018).
More...
Solar boom 'bringing hundreds of jobs' to rural
Queensland
A renewable energy boom is reinvigorating the Darling
Downs local economy but although some landholders are eager to be
involved, not all residents are pleased about the new developments
(19 August 2018).
More...
Victoria
Protecting heritage gems on Queens Parade
Minister for Planning Richard Wynne has announced heritage
protection of a range of Queens Pde landmarks, as well as interim
height controls in the Clifton Hill/North Fitzroy precinct. The
Yarra City Council can prepare to make these permanent, after
community consultation (31 August 2018).
More...
Apple Fed Square upgrade fails to impress planners at
city council
Problems remain with Apple's Federation Square store,
Melbourne City Council officers say (30 August 2018).
More...
EPA fines East Gippsland Shire Council for landfill
licence breach
EPA has fined East Gippsland Shire Council more than
$8,000 for breaching a condition of its EPA licence that required
it to provide EPA with a hydrogeological report about its Forge
Creek landfill (30 August 2018).
More...
Are we ignoring the heritage value of Melbourne's
mid-century architecture?
Post-war architecture may not compare in beauty and
grandeur to many of our Victorian-era buildings, but is it just as
worthy of heritage protection? The National Trust and a passionate
group of activists certainly think so (24 August 2018).
More...
New South Wales
Sydney moves up in global liveability rankings
Professor Greg Clark's Creating Great Australian
Cities report, released by the Property Council earlier this year,
found that Sydney was a 'contender' city with a strong
brand yet one that struggles with issues such as transport,
congestion, low density development and fragmented local government
(27 August 2018).
More...
Rejected Islamic development prompts council to refine
cemetery policy
A legal battle over an Islamic development raised
questions about what defines a cemetery. Now a regional council
wants clearer definitions to head off future issues (28 August
2018).
More...
In practice and courts
My Health Record information for councils - Your health
record in your hands
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.
Reminder: Australian Digital Health Agency three month
'opt-out period' for My Health
Record
As
announced by the Australian Digital Health Agency, every
Australian will be offered a My Health Record unless they choose
not to have one during the three-month opt out period which has
been extended to 15 November 2018.
Queensland
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 MARS (Management
and Reporting System), an 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. More...
Queensland waste disposal levy
From 31 August 2018, local governments can apply for
funding under the 2018-19 Local Government
Levy Ready Grant Program, which supports infrastructure
improvements at waste disposal facilities. The 2018-19 Local
Government Levy Ready Grant Program will be open for local
government submissions between 31 August and 12 October 2018. More...
Building our Regions program: Round 4
Funding isn't guaranteed and councils with shortlisted
projects have had to prepare business cases for their projects,
demonstrating detailed and compelling reasons for their projects to
gain funding. Successful projects are expected to be announced in
late 2018. More...
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...
Victoria
Inquiry into Ombudsman reports:
The Inquiry
into methodologies and outcomes from Victorian Ombudsman
reports tabled in Parliament by the Accountability and
Oversight Committee has supported the Ombudsman's work, with
recommendations for greater accountability from government
departments, agencies and local councils. The Committee found that
50 per cent of the Ombudsman's recommendations have been
implemented, with 38 per cent in progress (22 August 2018). More...
New Victorian solar scheme and agency
A new independent agency Solar Victoria will be
established to work with industry, regulators and training
organisations under the new $1.24 billion Solar Homes program.
Victorians will be able to install a solar panel system at
half-price and pay the rest of the cost back over four years with
an interest-free loan. The program also aims to create up to 5,500
new jobs (19 August 2018).
New South Wales
Assisting NSW councils to respond to
drought
LGNSW has set up a register to connect councils seeking
drought-related assistance with others - particularly from the
metropolitan councils - who can provide it. More...
ICAC: Guidelines to help public sector agencies manage
corruption risks in direct negotiations
The ICAC has released guidelines to help NSW public sector
agencies involved in direct negotiations with external parties to
manage corruption risks, but recommends they avoid the practice if
possible due to the high level of those risks (23 August 2018).
More...
New dates for Environmental
Planning & Assessment Act updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act updates.
Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans.
Building and Development Certifiers Bill
LGNSW encourages all councils to review and make
submissions on
proposed new building certification legislation now on
exhibition. The Government is proposing to replace the Building
Professionals Act 2005 (BP Act) – which
regulates accredited certifiers – with the
Building and Development Certifiers Bill 2018. The
Bill and an accompanying
explanatory guide are available on the
NSW Fair Trading web site. Submissions closed on 4 September
2018.
BPB: New certification provisions of the EP&A Act
postponed until 2019
Commencement of Part 6 of the Environmental Planning
and Assessment (EP&A) Act 1979,
which covers building and subdivision certification, has been
postponed until 1 September 2019.
More...
Cases
Mowen v Rockhampton Regional Council
[2018] QSC 192
PROCEDURE – STATE AND TERRITORY COURTS:
JURISDICTION, POWERS AND GENERALLY – VEXATIOUS LITIGANTS,
PROCEEDINGS AND RELATED MATTERS – Where the applicant has
previously applied for vexatious proceedings orders – where
that application was refused – where the respondent has
joined the applicant to further proceedings – whether the
respondent should be declared a person who frequently instituted or
conducted vexatious proceedings – whether the respondent
should be prohibited from bringing actions against the
applicant.
Moreton Bay Regional Council v White &
Anor [2018] QLAC 4
REAL PROPERTY – RATES AND CHARGES – RATING OF
LAND – Categories of land – where appellant objects to
rating categorisation of property – where no appropriate
category exists – where the subject land contains a main
house and a granny flat – where it was decided the
appropriate category was O1.
In the making of the North Burnett Regional Council
Certified Agreement 2018 [2018] QIRC
112
INDUSTRIAL LAW – Application for certification of an
agreement – requirements for certification – agreement
certified.
In the termination of the North Burnett Regional Council
Certified Agreement 2008 [2018] QIRC
111
INDUSTRIAL LAW – COLLECTIVE BARGAINING –
Application for termination of agreement after nominal expiry date
– Requirements for termination – agreement
terminated.
Kelsey v Logan City Council & Ors
[2018] QIRC 108
INDUSTRIAL LAW – APPLICATION TO SET ASIDE
ATTENDANCE NOTICE TO PRODUCE – Whether notice correctly
issued under subdivision 7 of the rules - objections to notice
– applications to set aside notices – whether
derivative use of materials obtained by compulsion could be used in
a collateral civil proceeding – whether implied limitation on
the use of materials obtained by compulsion.
Hawkesbury City Council v Kara-Ali (No 2)
[2018] NSWLEC 129
CIVIL ENFORCEMENT – Works, including land clearing
and construction, undertaken without consent – Council and
Court orders to cease have been disobeyed – claims of
exemption from legal requirements and Court jurisdiction have no
basis – environmental harm shown to have occurred –
remedial orders – costs.
Pasminco Cockle Creek Smelter Pty Ltd (subject to Deed
of Company Arrangement) v Minister for Planning
[2018] NSWLEC 130
APPEAL – Project approval – application
to modify approval – requested changes to terms of approval
– land on which project carried out subdivided and some lots
sold – consent of owners of subdivided lots not obtained for
modification application – whether owners' consent
required – no power to determine modification
application.
Sydney Tools Pty Ltd v Oxford
[2018] NSWLEC 134
CIVIL PROCEDURE – Application for stay of orders
pending Class 1 appeal – noise abatement order –
financial hardship to applicant if stay not granted – merits
of proposed appeal – discretionary considerations –
stay granted subject to terms.
Samcourt Pty Ltd v Inner West Council
[2018] NSWLEC 1442
APPEAL – Development application –
permissibility – characterisation of use – whether
premises will be used for a 'creative purpose' – how
to achieve requisite state of satisfaction that premises will be
used for a 'creative purpose' – floor space ratio
– whether development consent can be granted notwithstanding
breach of the floor space ratio development standard –
consistency with the objectives of the standard – whether cl
4.6 request adequate.
Land Dynamics Pty Ltd v Port Macquarie Hastings
Council [2018] NSWLEC 1443
DEVELOPMENT APPLICATION – Koala linkages and
corridors – SEPP 44 – Port Macquarie Hastings LEP 2011
clause 7.5 – Koala Plan of Management.
Wenli Wang v North Sydney Council
[2018] NSWLEC 122
DEVELOPMENT APPLICATION – Appeal against
Council's refusal of development application for demolition of
existing two storey residential dwelling and construction of three
storey residential dwelling – effect of a restrictive
covenant – weight to be afforded to a covenant where it is
set aside by planning instrument – assessment of view
loss.
Legislation
Queensland
Bills Updated in the last week
Local Government (Dissolution of Ipswich City Council) Bill
2018
Stage reached: PASSED on 21/08/2018 Assent Date: 22/08/2018 Act No:
14 of 2018
Commences: by Proclamation
Acts
Local Government (Dissolution of Ipswich City Council) Act
2018 (Qld)
The policy objectives of the Local Government (Dissolution of
Ipswich City Council) Act 2018 are to resolve the concerns
raised by the Crime and Corruption Commission's report - dated
14 August 2018 - promptly and to provide the Ipswich community with
certainty by dissolving the ICC and providing for the appointment
of an interim administrator to act in place of the ICC councillors
for an interim period ending at the conclusion of the quadrennial
election for the Ipswich Local Government area held in 2020.
The Act will not prevent the ICC councillors from nominating as a
candidate, or for appointment, as a councillor at an election for
any local government (including a by-election or fresh election)
from commencement.
Subordinate legislation as made
No 122 – 22 August 2018 -
Proclamation—Local Government (Dissolution of Ipswich
City Council) Act 2018 (commencing remaining
provisions)
Reminder: 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 (Land Use Terms)
Order 2018 (2018-477) — published LW 29 August 2018
State
Environmental Planning Policy Amendment (Land Use Terms) 2018
(2018-488) — published LW 29 August 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.