In the media
Commonwealth
Outlook conference: local government wants a place at
COAG table
Melbourne Lord Mayor Sally Capp said cities should be
given a seat at the Council of Australian Governments table because
they were at the "coalface" of dealing with growth and
planning (12 October 2018).
More...
Additional $75m available for drought-hit
communities
The Drought Communities Programme extension grant hub
recently opened and drought-impacted councils have already begun
submitting their applications. Nearly one third of eligible
councils have started the process since the guidelines were
released on 28 September (12 October 2018).
More...
$163m funding to support newly arrived migrants and
refugees
A total of $163.4 million in Settlement Engagement and
Transition Support (SETS) grants have been
announced - funding which will assist newly arrived migrants and
refugees (12 October 2018).
More...
Federal Government invests in new driver fatigue testing
field trials
The Federal Government and the National Heavy Vehicle
Regulator (NHVR) are investing in new field trials
to test driver fatigue monitoring technologies, which can enhance
heavy vehicle safety outcomes (12 October 2018).
More...
Review to tackle road toll
The Commonwealth has announced a road safety governance
review, implementing one of the recommendations from a recent major
inquiry. Professor Woolley has called for co-ordinated action by
all three levels of government to combat the road toll, saying that
current government actions were "simply not good enough (11
October 2018).
More...
Local councils outstrip Federal climate action
Local councils are outstripping the Federal Government on
policies to tackle climate change, committing to hundreds of
projects to cut greenhouse gas pollution, according to a report
released by the Climate Council's Cities Power Partnership (09
October 2018).
More...
Warning for councils on CCTV data risks
A privacy expert is calling for a national review by
councils of the public safety benefits of CCTV cameras after a
recent audit found surveillance data were vulnerable to privacy
breaches (05 October 2018).
More...
ALGA federal election advocacy focus: Boost safety on
local roads
Inadequately-maintained roads and bridges can have serious
road safety outcomes. The 2015 State of the Assets report,
commissioned by ALGA, estimates that around 11% of local government
transport assets, with a replacement value of around $20 billion,
are in poor or very poor condition and in need of urgent
maintenance and/or renewal.
More...
Queensland
Burnett Heads town centre $6.6 million facelift
complete
Mayor Jack Dempsey said the Building our Regions has
funded four other infrastructure projects in the Bundaberg local
government area which, collectively with the town centre project,
have a total capital expenditure of more than $99 million (12
October 2018).
More...
It's being called 'the Maldives of
Australia', but don't pack your bags yet
A decade since Great Keppel Island's resort closed, a
potential foreign buyer is promising to restore the island to its
former glory. But the deal is far from done and dusted (11 October
2018).
More...
Australian-first development tracker launches in
Sunshine Coast
An Australian-first application tracking system has been
launched by Sunshine Coast Council, giving the community easier and
quicker access to development information (11 October 2018).
More...
The facts on energy from waste
Contrary to the statements of those pushing their own
political agendas, the LGAQ does not promote, nor has it ever
promoted, incineration of waste as a preferred Energy from Waste
(EfW) option (10 October 2018).
More...
Council knew of 'unfair and unlawful' treatment of workers for three years, emails reveal
Emails provided to the ABC reveal Brisbane City Council (BCC) knew about allegations of unfair and unlawful treatment relating to its sub-contracted IT workers almost three years ago — despite Lord Mayor Graham Quirk's assertion the Council only recently became aware of the issue (10 October 2018). More...
Brisbane City Council's $100 million creek project
takes shape
The $100 million transformation of the Oxley Creek
corridor into a gigantic 20-kilometre parkland is starting to take
shape - at least on paper - with a bird sanctuary, adventure park
and shaded walking paths identified in Brisbane City Council's
master plan (10 October 2018).
More...
Up to 900 jobs at risk at Jewel construction site, union
warns
Workers strike for a second day on the $1 billion Jewel
resort development in Surfers Paradise, with the CFMEU saying the
situation is "unprecedented" and it fears for all 900
construction jobs (04 October 2018).
More...
Victoria
Melbourne City Council kept in dark about Apple's
plan for Fed Square
Melbourne City Council was kept in the dark about a plan
to demolish part of Federation Square for Apple in order to protect
the tech giant's interests. Due to the commercial-in-confidence
status of this project, Melbourne City Council was not engaged, one
report to Mr Wynne says (10 October 2018).
More...
Call for political parties to support stronger
communities
The Municipal Association of Victoria
(MAV) has called on all political parties
contesting the November state election to support initiatives that
make local communities stronger, more resilient and better
connected (08 October 2018).
More...
Councils call for clarity amid solar frustration
A number of local councils in Victoria say they are
ill-equipped when it comes to solar plans, and are calling on the
State Government for guidance (02 October 2018).
More...
New South Wales
Funding to support local infrastructure for 25000 new
homes in NSW
The NSW Government is investing more than $10 million to
help local councils deliver more than $165 million worth of
essential infrastructure to support growing communities across
metropolitan and regional NSW (05 October 2018).
More...
Bush powers the city as councils sign deal with rural
solar farm
A coalition of 18 urban councils in New South Wales signs
a renewable energy deal to buy electricity from a solar farm around
600 kilometres away (04 October 2018).
More...
Council push for drought support structure
A structured system that better assists farmers and
communities ravaged by drought tops almost 100 issues scheduled for
debate by NSW councils at the sector's annual policy-setting
conference in Albury this month (04 October 2018).
More...
TCorp loan rules for unrated investments upset NSW
councils
NSW councils that borrow at reduced rates from the NSW
Treasury Corporation fear new exposure limits on unrated
investments could affect future borrowings and local services (02
October 2018).
More...
Local council declares war on abandoned shopping
trolleys
A local Sydney council has declared war on abandoned
shopping trolleys, just months after share bikes finally rode their
way out of town (02 October 2018).
More...
In practice and courts
Disaster Recovery Funding Arrangements 2018
The Disaster Recovery Funding Arrangements 2018 will
apply from 1 November 2018 in respect of eligible events that occur
on or after that date. All eligible events occurring up to and
including 31 October 2018 will be governed by the Natural Disaster
Relief and Recovery Arrangements (NDRRA)
Determination 2017. Under these arrangements, the state or
territory government determines which areas receive assistance and
what assistance is available to individuals and communities.
More...
ALGA federal election advocacy focus: Advocacy
kits
ALGA and state/territory local government associations
have made it simple for councils to pitch in to the federal
election advocacy happening at the national level by preparing a
federal election advocacy kit, which is available here
(12 October 2018).
Waiting for the green light: Sustainable transport
solutions for local government
Petra Stock; Climate Council of Australia: 26 September
2018
Transport pollution is one of the major drivers of climate change
in Australia's towns and cities. More...
Building Better Regions Fund: Round 3
Regional tourism and local jobs are front and centre of
the latest round of the Building Better Regions Fund, with regional
Australia set to share in $200 million for local infrastructure and
community-building projects. Applications will close on 15 November
2018. For further information on eligibility and how to lodge an
application, please click here.
National Local Roads and Transport Congress, 20-22
November 2018, Alice Springs, NT
The theme for the 2018 Congress is Connecting Transport
Networks Now and into the Future. The key benefit of improved
transport connectivity is its transformational effects - making
cities and regions more accessible, more liveable and creating
opportunities for economic development that could not otherwise
exist. Registration
is now open.
Queensland
Building our Regions Queensland
Building our Regions is a $445 million targeted regional
infrastructure program for local government projects. To date,
Building our Regions has allocated $225 million across
174 projects. Round 4: From the expressions of interest
received,
53 projects have been shortlisted. Business case applications
have now closed. Successful projects are expected to be announced
in late 2018 (10 October 2018).
Guidelines: Queensland Animal Welfare Standards and
Guidelines for Breeding Dogs and their Progeny
The new regulations, effective from 1 October 2018,
outline the appropriate care, management, shelter, socialisation
and housing of breeding dogs. The Standards are mandatory
requirements and the Guidelines are advice on recommended practices
to achieve desirable welfare outcomes. More...
Local Government Act 2009
[Gazetted 28/09/2018]
Notice of Making Moreton Bay Regional Council Subordinate
Local Law No. 3 (Advertising Devices) 2018.
The interim local law referred to in paragraph 1 amends Moreton Bay
Regional Council Subordinate Local Law No. 1(Administration) 2011.
The interim local law referred to in paragraph 1 repeals Moreton
Bay Regional Council Interim Local Law No. 2 (Advertising Devices)
2018.
Local Government Bulletin No 09/18: Local Government
Borrowings and Working Capital Facilities 2018–19
This Bulletin is to advise Local Governments of the
procedure for submitting loan borrowing and/or Working Capital
Facility (WCF) applications for the 2018-19
financial year. By COB 30 October 2018 - For complete borrowing
applications not subject to a detailed QTC review, the Department
will approve or not approve the request within 10 business days of
the program closing date.
More...
Proposed changes to the Economic Development Act
The Economic Development and Other Legislation Amendment
(EDOLA) Bill 2018 was introduced into the
Queensland Parliament on 19 September 2018 and has been referred to
the State Development, Natural Resources and Agricultural Industry
Development Committee for detailed consideration. Amendments are
proposed for more than eight Acts through the EDOLA Bill. A copy of
the
Bill and the Explanatory Notes is available from the Queensland
Parliament website. Submissions closed on 12 October 2018.
LGAQ: Have your say on vegetation
management
As part of the review of vegetation management legislation in
Queensland, the Department of Natural Resources, Mines and Energy
have reviewed the following codes: Managing weeds, Managing
encroachment, Necessary environmental clearing. The three codes can
be found here.
Consultation on the codes closed on the 19th October 2018. The LGAQ
will be providing comment.
PCA: 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'. The 'Safer
Buildings' website will be the portal through which
building owners register and begin the new statutory three stage
process, aimed at identifying buildings in Queensland that may have
potentially combustible cladding.
Building regulation for cladding reminder
From 1 October 2018 new regulation will come into force
requiring building owners to take action to address combustible
cladding. The regulation applies to privately-owned buildings that
are Class 2-9, are either Type A or Type B construction and
approved since 1994. Class 1 and Class 10 buildings are excluded.
More...
Reminder: New Councillor Code of Conduct
The Code of Conduct can be viewed here.
Note: From 3 December 2018 the Independent Assessor and the Office
of the Independent Assessor (OIA) will assess and
investigate councillor conduct complaints. The Code of Conduct will
take effect on 3 December.
QRA ready for disaster funding reform
To assist with the implementation, QRA has developed
Management and Reporting System (MARS), 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
The 2018-19 Local Government Levy Ready Grant Program was
open for local government submissions between 31 August and 12
October 2018. More...
LGAQ: Heavy vehicle update: Chain of responsibility
laws
On 1 October 2018, amendments to the Chain of
Responsibility (CoR) laws came into effect. These
changes 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
Have Your Say: Short-term Rental Accommodation
Amendments
The NSW Department of Environment and Planning
(DPE) is seeking feedback on proposed changes to
the planning system for
short-term rental accommodation (STRA). For
further information see the
Explanation of Intended Effects. Submissions are due by 16
November 2018 (12 October 2018).
Draft Practice Note – Managing run-off from
service station forecourts
The NSW EPA has released a draft
Practice Note – Managing forecourt run-off from service
stations to provide guidance on preventing pollution from
service station forecourts for consultation. The note encourages
service stations to take action to improve the quality of run-off
from service station forecourts, recommending councils take a
risk-based approach to assessing the impacts of new or upgraded
service stations (12 October 2018).
Inland code released
The NSW Government has released an
inland code, allowing one and two storey homes, home
renovations and some farm buildings to be treated as complying
development. The inland code applies to 69 local government areas
and will commence on 1 January 2019, giving councils and industry
time to understand the new requirements. Visit the
DP&E website for more information (11 October 2018).
Draft Urban Design for Regional NSW
The NSW Department of Planning and Environment has
released a
Draft Urban Design Guide for Regional NSW for comment. The
guide outlines how the Government Architect of NSW's
Better Placed integrated design policy can be applied to the
state's regions. Submissions close on 31 October 2018. For
further information visit the
department's website.
Cases
Queensland
Mount Isa City Council v The Mount Isa Irish Association
Friendly Society Ltd [2018] QCA
269
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND
– APPEAL COSTS FUND – POWER TO GRANT INDEMNITY
CERTIFICATE – WHEN GRANTED – where the unsuccessful
respondent applied for an indemnity certificate pursuant to s 15 of
the Appeal Costs Fund Act 1973 (Qld) – where the
appeal succeeded on a question of law, namely, the correct
interpretation of provisions in s 101 of the Local Government
Regulation 2012 (Qld) – where the construction advanced
by the respondent had prevailed at first instance and is apt to be
categorised as "fairly arguable" – where there was
no judicial authority on point – where construction of the
provisions was hindered by a defective example – whether the
respondent should be granted an indemnity certificate.
Blows v Townsville City Council
[2018] QSC 234
LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF
LIMITATION PERIODS – EXTENSION OF TIME IN PERSONAL INJURIES
MATTERS – EVIDENCE TO ESTABLISH RIGHT OF ACTION – Where
the applicant was an employee of the respondent – where the
applicant's employment was terminated – where the
Queensland Industrial Relations Commission found that the
applicant's termination was invalid – where the applicant
alleges that he suffered psychiatric injury as a result of the
invalid termination of his employment – where a statutory
scheme prevented the applicant from being entitled to seek damages
from his employer until he obtained a notice from his employer
– where the applicant obtained the notice after the
limitation period expired – where the applicant sought an
extension under s 31(2) of the Limitation of Actions Act
1974 (Qld) – whether there was evidence to establish a
right of action in accordance with s 31(2)(b) – whether the
respondent owed the applicant a duty of care.
LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF
LIMITATION PERIODS – EXTENSION OF TIME IN PERSONAL INJURIES
MATTERS – KNOWLEDGE OF MATERIAL FACTS OF DECISIVE CHARACTER
– GENERALLY – Whether the issuing of the notice outside
the limitation period was a "material fact of a decisive
character" for the purposes of s 31(2)(a) of the
Limitation of Actions Act 1974 (Qld).
New South Wales
Deng v Burwood Council [2018]
NSWLEC 1536
DEVELOPMENT APPLICATION: Residential flat building –
SEPP affordable rental housing – visual privacy –
amenity.
Peric v Randwick City Council
[2018] NSWLEC 1509
DEVELOPMENT APPLICATION: Torrens title subdivision of land
– minimum subdivision lot area development standard –
whether the Applicants' environmental planning grounds are
sufficient to uphold a cl 4.6 written request under RLEP.
Boustany v Canterbury-Bankstown Council
[2018] NSWLEC 1531
DEVELOPMENT APPLICATION: Dual occupancy – basement
parking.
Ahmad Corp Pty Ltd v Fairfield City
Council [2018] NSWLEC 1526
MODIFICATION APPLICATION: Development consent granted by
the Court following conciliation – modification seeks an
additional storey for the proposed development – whether
substantially the same development – weight to be given to an
urban design study and a planning proposal – whether intended
character of the area should be taken from current controls or
planning proposal – whether proposed modified development
consistent with future desired character – whether proposed
modified development minimises overshadowing.
Ikus Pty Ltd t/as U+I Building Studio v Northern
Beaches Council [2018] NSWLEC
1534
DEVELOPMENT APPLICATION: Alterations and additions to
dwelling – garage, workshop and storage area in front setback
and forward of the established building line – variations to
DCP controls sought but not justified – adequacy of
landscaping – neighbour objections.
The Uniting Church in Australia Property Trust (NSW) v
Parramatta City Council [2018] NSWLEC
158
APPEAL: Appeal against Commissioner's decision on
questions of law – refusal of development consent to concept
development application – design excellence clause –
whether applies to concept proposals – whether Commissioner
misconstrued or misapplied design excellence clause – whether
Commissioner misconstrued or misapplied FSR development standard
– whether Commissioner failed to consider relevant
consideration – potential social benefits of concept
proposals as an aspect of public interest – whether denial of
procedural fairness – no grounds of appeal established.
Oboodi v Hornsby Shire Council
[2018] NSWLEC 1512
MODIFICATION APPLICATION: Layout and detailed design of
driveway crossover and modification of part of the approved
driveway – impact of the driveway construction on trees in
the road reserve identified as a heritage item – access
requirements of the Rural Fire Service – no issues pressed by
the respondent following the amendment of the application –
no power to impose a new condition on an aspect of the development
which is unaffected by the modification sought in the
application.
Turland v Wingercarribee Shire Council
[2018] NSWLEC 1511
DEVELOPMENT APPLICATION: Construction of a three storey
residential flat building over a basement – exceedance of the
height of buildings development standard in the Wingecarribee Local
Environmental Plan 2010 – high flood hazard affected land
– no issues pressed by the respondent following the amendment
of the application – whether conditions should be imposed on
the development consent as deferred commencement conditions.
One Funds Management Ltd ATF Kingsgrove Property Trust
v Georges River Council [2018] NSWLEC
1508
DEVELOPMENT APPLICATION: Appeal of refusal of consent
– alterations to existing industrial unit to provide new dock
and loading – tree removal – streetscape impact –
impacts balanced against aim to maximise functional industrial
space – appeal refused.
Legislation
Queensland
Bills
Revenue and Other Legislation Amendment Bill 2018
Stage reached: 2nd reading to be moved on 5/10/2018 amends acts
including An Act to amend the Aboriginal and Torres Strait
Islander Communities (Justice, Land and Other Matters) Act
1984 , the Aboriginal Cultural Heritage Act 2003, the
Acquisition of Land Act 1967, the Cross River Rail
Delivery Authority Act 2016, the Duties Act 2001, the
Duties Regulation 2013, the Land Tax Act 2010, the
Payroll Tax Act 1971, the Police Powers and
Responsibilities Act 2000, the State Penalties Enforcement
Act 1999, the State Penalties Enforcement Amendment Act
2017, the Taxation Administration Act 2001, the
Torres Strait Islander Cultural Heritage Act 2003 and the
Victims of Crime Assistance Act 2009 for particular
purposes.
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.