In the media
Mayors urge rapid climate change action as new report
shows damage to agriculture, property sectors
Urgent action on climate change must be the incoming
federal government's priority, 15 mayors from across Australia
said in a joint statement released 8 May (10 May 2019).
More...
Council climate alliance puts heat on state, feds
Mayors from Australia's council climate alliance have
issued a joint statement calling for action from all levels of
government (08 May 2019).
More...
Councils demand action on housing crisis
The Lord Mayors of Australia's two biggest cities have
launched a call for action on the nation's homelessness and
housing affordability crisis, demanding targeted funding and
systemic change (05 May 2019).
More...
NSW
Sydney is in drought': Water restrictions loom as
dam levels drop at record rate
Water levels in dams are dropping faster than they have in
decades, according to new research by Sydney Water, edging Sydney
closer to the re-introduction of water restrictions (05 May 2019).
More...
Merged councils 'more efficient' but problems
linger
NSW's amalgamated councils have become more efficient
but legacy ICT systems and a lack of direction on service delivery
continue to plague councils, according to an audit (01 May 2019).
More...
Victoria
Melbourne unveils record infrastructure pipeline
Plans to massively increase parklands and protect local
heritage are contained in City of Melbourne's draft budget (09
May 2019).
More...
Commission of inquiry into South Gippsland Shire
Council
Minister for Local Government Adem Somyurek has announced
his intention to hold a Commission of Inquiry into the South
Gippsland Shire Council under section 209 of the Local Government
Act 1989. The Commission will look at the stability of the Council,
the behaviours of individual councillors (09 May 2019).
More...
CEO dumped as Victorian council faces suspension
A Victorian council on the brink of suspension has rocked
the boat again, appointing a new Chief Executive Officer a week
after dumping the former CEO, whose contract was due to end in June
(08 May 2019).
More...
Council review in Victoria 'needs to be more
robust'
Victoria's peak municipal group has expressed concern
to the Local Government Minister that the scope of a Spring Street
review into council rates is too narrow (01 May 2019).
More...
Fears Victoria's recycling woes could worsen as
e-waste ban kicks in
From July 1, residents will be forced to take greater
responsibility for the disposal of so-called e-waste - from old
mobile phones and whitegoods, to hairdryers, computers and air
conditioners. But with only eight weeks before the landfill ban
kicks in, councils warn that the government has not funded enough
collection sites, and that community awareness of the ban is too
low (28 May 2019).
More...
In Practice and Courts
Help shape the National Disability Strategy beyond
2020
Australian governments are asking people to help shape the
future of Australian disability policy for 2020 and beyond. The
first stage of consultation is from April to June 2019. Councils
are encouraged to promote engagement in these consultations within
their local communities.
More...
The new Class 1 Agricultural Vehicle Notice has
Commenced
The new National Class 1 Agricultural Vehicle and
Combination Mass and Dimension Exemption Notice commenced on 1 May.
Specific information for council road managers about the new
exemption notice is in the
latest fact sheet. The transition period runs until 30 April
2020, or until current state notices expire, whichever happens
first (10 May 2019).
More...
VAGO: Outcomes of investing in regional Victoria
This report into the Regional Jobs and Infrastructure Fund
found that Regional Development Victoria still cannot reliably
determine whether their grants have improved economic or social
outcomes directly or indirectly, or whether any benefits have been
sustained beyond the immediate injection of funds into a community
(01 May 2019). More...
Queensland Productivity Commission Container Refund
Scheme - price monitoring review: issues paper
The Queensland Container Refund Scheme commenced on 1
November 2018 - allowing people to take empty drink containers to a
collection point for a refund. The scheme is funded through a
surcharge on beverage manufacturers. The Queensland Productivity
Commission has released this issues paper to assist interested
parties to prepare submissions to the review (01 May 2019). More...
National General Assembly of Local Government
(NGA)
This year's National General Assembly of Local
Government (NGA) is due to be held from 16 to 19
June 2019 in Canberra. More...
NSW
ICAC discussion paper: Enhancing the democratic role of
direct lobbying in NSW
The NSW ICAC is seeking public input as part of a new
investigation it is conducting into the regulation of lobbying,
access and influence in NSW (Operation Eclipse). The discussion
paper is appended to an introductory paper,
The regulation of lobbying access and influence in NSW: a chance to
have your say, which also explains how to make a submission.
The closing date for consultation is 24 May 2019.
More...
IPART: Indexation of local infrastructure contribution
rates
IPART is seeking stakeholder views on how councils should
index contribution rates between the adoption of a local
infrastructure contributions plan, and the revision of the
contributions plan. In particular, we sought feedback on different
approaches to indexing contribution rates to account for changing
land costs.
More...
Developer contributions plans - IPART fact sheet
The fact sheet explains how IPART proposes to assess
whether local roads should be included in developer contributions
plans and whether the apportionment of the road costs is
reasonable. It's an issue that's relevant to all councils
preparing contributions plans for IPART assessment, as well as
developers and other stakeholders. Download the fact sheet from the
IPART web site (26 April 2019).
Community Participation Plan updated FAQs
The Environmental Planning and Assessment Act
1979 has been updated to make community participation central
to the planning system. Supporting this objective is a new measure
requiring all public authorities that have planning functions under
the EP&A Act, including councils, to develop community
participation plan (CPP). CPPs must be finalised
and published on the ePlanning portal by 1 December 2019.
More...
Reminder: 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. There will be a number of other
changes that will involve further design and consultation from mid
to late 2018 outlined here.
Queensland
LGAQ: Have your say on the future of transport in
Queensland
The Department of Transport and Main Roads has released
the Draft Queensland Transport Strategy for consultation (01 May
2019).
More...
Crime and Corruption Commission (CCC):
Current prosecutions
The suspended Logan mayor and seven current councillors
are expected to be charged with criminal offences by the CCC
following a major corruption investigation into Logan City Council
(26 April 2019).
More...
Safer Buildings combustible cladding checklist ticks
over to Part 2
Buildings that need further assessment following the
conclusion of Part 1 will have until 29 May 2019 to file a building
industry professional report to the QBCC.
More...
LGAQ: Information sessions - Changes to Queensland's
plumbing and drainage laws
Queensland's new plumbing and drainage laws will
commence on 1 July 2019, including the
Plumbing and Drainage Act 2018.The Department of
Housing and Public Works will be holding information sessions
across Queensland during April-June 2019 about the upcoming changes
and local government staff are encouraged to attend (29 April
2019).
More...
Final consultation - Draft approved forms and templates
for new plumbing reforms
The Department of Housing and Public Works has launched
the final stage of public consultation on the new plumbing law
reforms, including the draft approved forms which must be used by
industry and local government from 1 July 2019 under the
Plumbing and Drainage Act 2018 and the Plumbing and
Drainage Regulation 2019.
More...
Consultation: Yeronga proposed development scheme for a
mixed-use precinct in the Yeronga Priority Development Area
(PDA)
The scheme establishes a planning framework to transform
the site and sets out intended land uses, development criteria and
infrastructure envisaged for the PDA. Submissions can be made
between 1 April and 17 May. More...
LGAQ reminder: Have your say energy pricing
proposals
Have your say on regulatory proposals submitted by Ergon
energy and Energex. The AER invites interested parties to make
submissions on Energex's regulatory proposal by the close of
business on 16 May 2019.
More...
The Premier's Outback Tourism Events Program:
Funding rounds 2019
Each application must be for unique submissions and events
must be delivered on or before 31 December 2020. Round 2
opens in June 2019. More...
Cases
Parkes Shire Council v South West Helicopters Pty
Limited [2019] HCA 14
Appeal dismissed. Aviation - Carriage of passengers by
air - Accident - Carrier's liability - Where respondent engaged
by appellant to carry out survey using helicopter - Where passenger
aboard helicopter killed in crash - Where Pt IV of Civil
Aviation (Carriers' Liability) Act 1959 (Cth)
applied - Where s 28 provided that carrier liable for damage
sustained by reason of death of passenger - Where s 35(2)
substituted liability under s 28 for any civil liability of carrier
under any other law in respect of death of passenger - Where s 34
imposes time limit on availability of right of action created by s
28 - Where widow, daughter and son of passenger brought claims in
tort against appellant and respondent for damages for negligently
inflicted psychiatric harm resulting from death of passenger -
Where claims brought outside time limit prescribed by s 34 -
Whether claims precluded by Act.
NSW
Baron Corporation Pty Limited v Council of the City of
Sydney [2019] NSWLEC 61
APPEAL - appeal against a Commissioner's decision
on question of law - refusal of development consent to alter
approved building - contravention of floor space ratio development
standard - clause 4.6 request seeking to justify contravention -
Commissioner not satisfied request adequately addressed matters in
cl 4.6(3) - whether misconstruction of development standard –
whether applied wrong test under cl 4.6(4)(a)(i) or (ii) - whether
misdirection in applying cl 4.6 to development standard - whether
misdirection concerning lack of adverse amenity impacts - whether
misdirection concerning environmental planning grounds - error not
material - Commissioner's decision not vitiated.
Burbridge v Gounakis [2019]
NSWLEC 1202
TREES (DISPUTES BETWEEN NEIGHBOURS) - falling limbs -
risk of damage and injury - change in circumstance since previous
decision - root damage - respondents not aware of damage prior to
application - orders for tree removal - no orders for
compensation.
Council of the City of Sydney v Vision Land Glebe Pty
Ltd [2019] NSWLEC 60
APPEAL – appeal against Commissioner's
decision on questions of law - concept development application -
demolition of existing building and approval of envelope of
replacement building - issue of whether existing building of
heritage significance - Commissioner found building not to be of
heritage significance - Commissioner preferred one witness over
another - Commissioner found adaptive reuse not economically viable
- Commissioner accepted only witness as not contradicted - adequacy
of reasons for findings - alleged irrationality of findings -
whether denial of procedural fairness in making findings - delay in
judgment - whether delay affected findings.
Guthrie v Lane Cove Council
[2019] NSWCATAD 74
ADMINISTRATIVE LAW - freedom of information,
government information public access - information supplied in
response to application - scope of application - jurisdiction.
Barrak v City of Parramatta Council
[2019] NSWLEC 59
LOCAL GOVERNMENT - closed council meeting - councillor
expelled by Lord Mayor - expulsion was for committing act of
disorder (for calling the Lord Mayor a "clown") - was
conduct disorderly - conduct disorderly - was expulsion by Lord
Mayor without resolution of council valid - expulsion invalid - no
utility in bare declaration - no relief granted.
LOCAL GOVERNMENT - closed council meeting - councillor makes
comments about external legal advisers - were comments an act of
disorder - comments a breach of cl 256(1)(e) of the Local
Government (General) Regulation 2005 and thus an act of
disorder.
LOCAL GOVERNMENT - closed council meeting - meeting dealing with
personnel matter - resolution that councillors return confidential
papers and notes - was resolution valid - resolution valid.
LOCAL GOVERNMENT - council meeting - resolution that councillor
apologise for words said at previous meeting and for failure to
return confidential papers and notes - were elements concerning
failure to return confidential papers and notes acts of disorder -
those elements not acts of disorder - three valid elements in
resolution were acts of disorder - councillor declines to apologise
or return confidential papers and notes - councillor expelled for
not doing so - was expulsion valid - expulsion valid.
LOCAL GOVERNMENT - council meeting - resolution that councillor be
removed from committees - resolution adopted after councillor had
been expelled from meeting - was councillor required to be afforded
procedural fairness and natural justice before removal - removal
part of political process of council and no procedural unfairness
or denial of natural justice before removal - removal also
sanctioned by s 47 of Interpretation Act 1987 - removal
from committees valid.
LOCAL GOVERNMENT - council meetings - councillor expelled by
resolutions of council for ongoing failure to apologise for
original act of disorder - power to reactivate requirement for
apology remains ongoing - expulsions from subsequent meetings
valid.
COSTS - limited success by applicant not sufficient to depart from
presumption that costs follow the event - Applicant to pay
Respondent's costs on ordinary basis.
Queensland
Sunshine Coast Regional Council v Thomas (No
2) [2019] QDC 70
APPEAL - COMPLAINT - SUMMONS - COSTS FUND CERTIFICATE
- where a learned acting Magistrate struck out a complaint and
summons in which the appellant sought to prosecute the respondent
for breach of s 194 of the Animal Management (Cats and Dogs)
Act 2008 (Qld) - where the appeal was allowed –
where Counsel for the respondent made an application for an appeal
costs fund certificate pursuant to ss 15(2) and 21(1) of the
Appeal Costs Fund Act 1973 (Qld) - where the
learned acting Magistrate was heavily influenced by the
respondent's submissions in making his decision to strike out
the complaint and summons. Appeal Costs Fund Act 1973
(Qld) ss 15(2), 21(1).
Kozik v Redland City Council [2019]
QSC 109
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS - PLEADINGS - GENERALLY - where the defendant is a local
government with responsibilities in respect of the levying of rates
on all rateable land within Redland City Council - where the
defendant resolved to levy special rates and charges on certain
rateable land within Redland City - where the owners of that
rateable land were given notice of those special charges - where
the plaintiff is a rate payer in that area and was issued with such
a notice - where the special charges were not validly levied by the
defendant - where the defendant repaid to each rate payer a
proportion of those special charges but declined to return the
balance of the special charges on the basis that those sums had
been spent for the benefit of the relevant rate payers - where the
plaintiff submits strike out is appropriate on the basis of
statutory interpretation and the inapplicability of the pleaded
defences to the plaintiff's framed claim - where the defendant
opposes the strike out application on the basis that neither the
question of statutory interpretation nor the availability of
defences are free of doubt - whether the defendant's pleading,
in the relevant material respects, discloses no reasonable defence,
has a tendency to prejudice or delay a fair trial, is unnecessary,
scandalous, frivolous or vexatious or is otherwise an abuse of
process. Local Government Act 2009 Qld; Local Government
Regulation 2012 Qld; Local Government (Finance, Plans and
Reporting) Regulation 2010 Qld.
Legislation
NSW
Regulations and other miscellaneous instruments
Environmental
Planning and Assessment (Savings, Transitional and Other
Provisions) Amendment (Building Code of Australia) Regulation
2019 (2019-187) - published LW 10 May 2019.
Lobbying
of Government Officials (Lobbyists Code of Conduct) Amendment
Regulation 2019 (2019-188) - published LW 10 May 2019.
Administrative
Arrangements (Administration of Acts—General) Order (No 2)
2019 (2019-178) - published LW 1 May 2019.
Administrative
Arrangements (Administrative Changes—Ministers) Order (No 2)
2019 (2019-179) - published LW 1 May 2019.
Administrative
Arrangements (Administrative Changes—Public Service Agencies)
Amendment Order 2019 (2019-180) - published LW 1 May 2019.
Queensland
Bills
Criminal
Code (Trespass Offences) Amendment Bill 2019
Introduced by: Mr D Last MP on 1/05/2019 Stage reached: Referred to
Committee on 1/05/2019
This Bill seeks to protect Queensland businesses from unlawful
trespass activities by introducing three new criminal offences.
These offences are: aggravated trespass, which enables the
prosecution of a person who enters premises, private land or
transport infrastructure with the intent to cause economic harm to
another person, business or the State; serious criminal trespass,
which enables the prosecution of a person who enters premises,
private land or transport infrastructure
Electoral
and Other Legislation Amendment Bill 2019
Stage reached: Referred to Committee on 1/05/2019
Implements recommendations from the Crime and Corruption
Commission's 'Operation Belcarra: A blueprint for integrity
and addressing corruption risk in local government' and makes
operational improvements to the State's electoral system by
implementing the Government's response to 'A review of the
conduct of the 2016 local government elections, the referendum and
the Toowoomba South by-election' (Soorley report).
Local
Government Electoral (Implementing Stage 2 of Belcarra) and Other
Legislation Amendment Bill 2019
Stage reached: Referred to Committee on 1/05/2019
An Act to amend the City of Brisbane Act 2010, the
Local Government Act 2009, the Local Government
Electoral Act 2011, the Referendums Act 1997 and the
Right to Information Act 2009.
The Bill requires all candidates at Local Government elections,
including sitting Councillors, to undertake training as a condition
of their nomination and mandates full preferential voting for
mayoral and single councillor elections, to be effective for the
2020 local government election.
Subordinate legislation as made
No 63
Local Government (Dissolution of Logan City Council) Amendment
Regulation 2019 - 03 May 2019.
This Regulation is made under sections 123 and 270 of the Local
Government Act 2009. The aim of this Regulation is to dissolve the
Logan City Council and appoint an interim administrator to act in
place of the councillors. This Regulation commenced on 2 May
2019.
No 66
Proclamation No. 1—Economic Development and Other Legislation
Amendment Act 2019 (commencing certain provisions) - 10 May
2019.
No 67
Planning and Environment Court (Mediation) Amendment Rule 2019
- 10 May 2019.
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.