In the media
ALGA responds to Murray Darling Basin Terms of Reference
inquiry
ALGA has told an inquiry into the Murray Darling Basin
that its draft Terms of Reference also need to consider climate
change, town water supplies, and individuals' concerns for
their own welfare and their communities' (23 August 2019).
More...
New national biosecurity BETA Site
The Australian Government has published a new biosecurity
web site aimed at helping the general public, councils, businesses
and individuals better understand how to identify and respond to
biosecurity threats (30 August 2019). More...
New housing data dashboard From 20 national
datasets
Assistant Minister for Community Housing, Luke Howarth,
said the Commonwealth's investment in the dashboard is a way
for all levels of government, the community housing sector and
private sector to work together to identify shortfalls and
oversupply in order to address housing and homelessness across
Australia (30 August 2019).
More...
Sand of origin: Interstate feud erupts over sand
An interstate feud has erupted between NSW and Queensland
beachgoers after Tweed Coast residents accused their Queensland
neighbours of taking too much sand while their own beaches suffer
from erosion (29 August 2019).
More...
Criticising your local council online? You could end up
in court
A council in regional Western Australia is the latest to
join the list of local governments around the country to allow
ratepayer money to fund defamation action against members of the
public (28 August 2019).
More...
Councils struggle on road to transformation
Only three per cent of local governments consider
themselves to have fully transformed customer experience through
ICT, a survey has found. The biggest challenge to transformation is
a lack of skill, leadership and resources, according to the
Customer and technology transformation in local government report
by KPMG and the Public Sector (26 August 2019).
More...
National cities performance network updated
The Australian Government has updated the National Cities
Performance Network, a data snapshot of 21 of the country's
largest cities. The site is designed to help guide the policy and
investment decisions of all three levels of government, as well as
industry and the community (23 August 2019).
More...
VR tech helps council planning
A new Australia-first virtual reality technology promises
to revolutionise the way councils conduct planning activity by
enabling planners and residents to visualise developments in 3D.
The platform is the first of its kind in Australia designed
specifically for councils (22 August 2019).
More...
Victoria
Joint submission to advocate for quality home support
services
Councillors this week endorsed a joint submission to the
Royal Commission into Aged Care Quality and Safety, highlighting
concerns over our community's ability to access quality home
support services now and into the future (30 August 2019).
More...
Ballarat 'one of the best' places for
waste-to-energy in Australia, so why has it stalled?
Once touted as a $300 million solution to regional
Victoria's waste woes, plans to build a waste-to-energy
facility have stalled, with some in the industry left scratching
their heads (28 August 2019).
More...
More support for Victoria's recycling sector
The Andrews Labor Government is taking further action to
support Victoria's recycling sector, with a $10 million loan to
SKM's receivers KordaMentha to help clean-up SKM sites and
resume waste processing. At the same time the Government is
beginning the process to overhaul kerbside recycling (27 August
2019).
More...
Melbourne apartment building unsafe to live in due to
cladding and fire safety
Residents are ordered to leave an apartment building in
Melbourne's south-east which is covered in combustible cladding
(23 August 2019).
More...
More support for Victoria's growing suburbs
The Andrews Labor Government is investing in great
community facilities across Victoria including libraries, local
parks, playground, community centres and sporting facilities (20
August 2019).
More...
NSW
Newcastle sets 100% renewables target
The City of Newcastle (NSW) said it has estimated it could
save up to $4.8m of ratepayers' money over the next 25 years if
it switched to 100 percent renewable electricity (30 August 2019).
More...
Jail terms promised in crackdown on NSW farm
trespass
The New South Wales Government has introduced 'right
to farm' legislation which it says will create the toughest
penalties for farm trespass in Australia. NSW Agriculture Minister
Adam Marshall said it will protect farmers under pressure from
urban sprawl where councils were releasing subdivisions adjacent to
farming land (20 August 2019).
More...
Queensland
Power boost for Kingaroy with new wind farm creating 100
new jobs
A $128 million wind farm in the South Burnett Regional
Council area has been approved by the Palaszczuk Government
creating 100 new jobs for regional Queenslanders (31 August 2019).
More...
Canterbury Bankstown Council sets sights on 3D crossings
to slow motorists
Three-dimensional zebra crossings have turned up in
Iceland, England and even the tiny outback town of Boulia in
Queensland — and now one Sydney council is exploring whether
it could join the trend (30 August 2019).
More...
Future looking bright for North West Queensland
The Palaszczuk Government has released an economy-boosting
strategy for North West Queensland to attract investment and
deliver jobs in resources, agriculture, tourism, business and
industry. Minister for State Development Cameron Dick said the
North West Queensland Economic Diversification Strategy was the
result of extensive collaboration and consultation with regional
stakeholders, including local government and community.
More...
Queensland Government to support Queensland councils to
participate in the National Redress Scheme
Queensland local councils are taking steps to participate
in the Federal Government's National Redress Scheme for victims
of institutional child sex abuse with the support of the Palaszczuk
Government (27 August 2019).
More...
Last chance to apply for grants to support even more
regional jobs
Time is running out to apply for the next round of the
Palaszczuk Government's job-creating Rural Economic Development
Grants (RED) program for businesses and councils in southwest
Queensland Expressions of interest for round two close on September
6 (20 August 2019).
More...
EcoBiz helping councils prepare for waste levy
Over a dozen councils have been engaged by the ecoBiz
program to-date including biocontrol, showgrounds, airports,
offices, community centres and libraries (23 August 2019).
More...
Old stock routes revived but drover-grazier tensions
emerge in competition for feed
Drought conditions have revived the old practice of large
cattle drives, but drovers face new challenges as competition for
feed on previously abandoned stock routes heats up (23 August
2019).
More...
Palaszczuk Government and LGAQ continue partners in
Government Agreement
The Palaszczuk Government's commitment to a strong
partnership with local government was confirmed today at the
signing of the 2019 Partners in Government Agreement with the LGAQ.
The Agreement includes the Advancing Queensland
Priorities, which are designed to produce six positive
community outcomes. (20 August 2019).
More...
In Practice and Courts
Regional Connectivity Program
The Commonwealth seeks feedback on its $60 million Regional
Connectivity Program, which forms part of the $220m regional
digital connectivity package. The discussion paper asks 13
questions, including should local government authorities, business
organisations or industry groups be allowed to lead a bid for
Regional Connectivity Program funding?
More...
Australian Recycling Label resources for councils
The Australasian
Recycling Label – which featured at the 2019 National
General Assembly – aims to help you correctly dispose of all
parts of a product's packaging.
This tool kit for local councils gives an overview of all
available resources and suggestions for how and where they can be
used (23 August 2019).
National Local Roads and Transport Congress, 18-20
November 2019
This year's theme is 'breaking through for modern
transport'. Topics to be covered include the future of
transport and how local government can benefit, and an update on
the state of the country's infrastructure by Infrastructure
Australia CEO, Romily Madew.
More...
NSW
The effect of lockout and last drinks laws on
non-domestic assaults in Sydney: an update to March 2019
NSW Bureau of Crime Statistics and Research: 08 August
2019
This research set out to examine the long term impact of the 2014
NSW liquor law amendments on non-domestic assaults in Kings Cross,
the Sydney CBD and surrounding areas. As in previous studies, a
significant reduction in non-domestic assaults in the Kings Cross
and Sydney CBD precincts was revealed (08 August 2019). More...
The Low Rise Medium Density Housing Code has been
deferred to allow for an independent review
The State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 (Codes SEPP) has been
amended to extend this deferral for 45 councils for a further short
period, until 31 October 2019, to allow for an independent review
to be undertaken of the Code.
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. CPPs must be finalised and
published on the ePlanning portal by 1 December 2019.
Consultation on Short-Term Rental Accommodation
The NSW Government is seeking feedback on its draft
regulatory framework for short-term rental accommodation
(STRA), including a state environmental planning
policy and a mandatory code of conduct. The
government is also considering the introduction of a new
industry-led STRA property register. Submissions close 11
September.
More...
Boarding Houses Review
As part of its review of the Boarding Houses Act
2012, the NSW Government is seeking feedback on a discussion
paper. Councils have responsibilities under the Boarding Houses
Act to monitor and inspect boarding houses and ensure they
meet certain safety and accommodation standards. It is also a
matter for councils to decide what action to take regarding
breaches identified during inspections, or where residences are
suspected of operating as unregistered boarding houses.
More...
Queensland
Infrastructure pipeline report: August 2019
Building Queensland: 26 August 2019 - Queensland's
growing and ageing population, coupled with ageing infrastructure
assets and increased risks of extreme weather are just some of the
challenges being addressed by the proposals in this report. More...
LGAQ: Migration in regional Australia - have your
say
The LGAQ will be preparing a submission to the Inquiry on
Migration in Regional Australia. The Inquiry will give particular
consideration to how communities and settlement services can best
assist migrants to gain successful employment outcomes. Comments
requested by 13 September, 2019 (29 August 2019).
More...
LGAQ: Emergency Management Levy - brewery levy
Typically, the Schedule has 'commercial premises'
levy cost at a higher level than light industry/restaurant, so
there is a likelihood that amended levies will still be higher than
those previously made by councils. QFES has identified 20 councils
where it is known that a "Brewery" levy has been (or will
be) made under the June 2019 amendment (19 August 2019).
More...
LGAQ: Building Regulation 2006 amendments in effect
– Combustible Cladding Reminder
Amendments to the Building Regulation 2006 have now been
made and took effect on 9 August 2019. Key changes include:
introduction of a temporary PI insurance exclusion for private
certifiers for works involving combustible cladding – i.e.
from 9 August 2019 to 30 June 2021 (19 August
2019).
More...
Partners in Government Agreement
The Queensland Government and the Local Government
Association of Queensland, on behalf of Queensland local
governments, signed the 2019 Partners in Government Agreement on 20
August 2019.
The Agreement details the key principles underlying the
relationship between the state and local government and establishes
the foundation for effective negotiation and engagement between
both levels of government.
More...
Office of the Independent Assessor Decisions –
21-20 August 2019
Statement from the Independent Assessor Kathleen Florian –
Toowoomba councillor decision
Statement from the Independent Assessor Kathleen Florian –
Gold Coast City councillor complaint decision
Statement from the Independent Assessor Kathleen Florian –
Burdekin Shire Mayor decision
Statement from the Independent Assessor Kathleen Florian –
Cassowary Coast councillor decision
LGAQ: Apply now: Illegal Dumping Partnerships
Program
Applications are now open for the
Illegal Dumping Partnerships Program that provides $2 million
in funding to councils over two years to monitor, act on and
prevent illegal dumping activities. Applications close 11 September
2019.
More...
Cases
Liverpool Plains Shire Council v Rumble &
Anor [2019] FCCA 2317
BANKRUPTCY – Application for sequestration order
– whether preconditions for making sequestration order
satisfied – whether respondents are able to pay their debts
– whether there is any sufficient cause why sequestration
order ought not be made – sequestration order made.
Environmental Planning and Assessment Act 1979 (NSW),
s.121B(1)(b)
Federal Circuit Court (Bankruptcy) Rules 2016 (Cth) rr. 4.02(2),
4.04(1), 4.05, 4.06
Legal Profession Uniform Law Act 2014 (NSW), s.194
Local Government Act 1993 (NSW), ss.713, 715
NSW
O'Brien v Woollahra Municipal Council
[2019] NSWLEC 1402
DEVELOPMENT APPEAL – Paddington Heritage
conservation area – heritage conservation – desired
future character – rear wing addition – Woollahra
development control plan
Touma v Randwick City Council
[2019] NSWLEC 1395
DEVELOPMENT APPEAL – interim heritage order –
assessing heritage significance – Edgecumbe Estate
95 Regent Street Kogarah Pty Ltd v Georges River
Council (No 2) [2019] NSWLEC
1390
PROCEDURE – Notice of Motion – Uniform Civil
Procedure Rules – Rule 36.17
Crawford Education Pty Ltd v Ku-ring-gai
Council [2019] NSWLEC
1388
APPEAL – development application – child care
centre – increase in number of children from 70 to 175
– increase in parking demand – whether parking demand
can be accommodated – cross-fall gradient – potential
for conflict in parking demands arising from adjoining uses –
dispute on conditions of consent – surrender of earlier
consents – amendment of earlier consents –
consolidation of lots – requirement for accessibility for
existing lift – update to Plan of Management
Sunland No. 35 Pty Ltd v Camden Council
[2019] NSWLEC 1391
DEVELOPMENT APPLICATION – multi-dwelling housing in
a community title subdivision – solar access to private open
space – urban design considerations including street
activation and clustering – adequacy of road design and
access including acceptable road widths and speed mitigation
measures – provision for public access through the site
– community objections
Blacktown City Council v Nitopi
(No 2) [2019] NSWLEC 118
PRACTICE AND PROCEDURE – Notice of Motion seeking to
invoke Slip Rule to permit orders that a moiety of the fines
imposed in the primary decision be paid to the Applicant –
application of Slip Rule – power to award a moiety –
orders amended/added to order payment to the Council of half of
each fine imposed on the Respondent
Queensland
Southern Downs Regional Council v Queensland Services
Industrial Union of Employees & Anor
[2019] QIRC 118
INDUSTRIAL LAW – ARBITRATION IF CONCILIATION
UNSUCCESSFUL – matters at issue – nine-day fortnight
– 19-day month – rostered day off. Industrial
Relations Act 2016 Qld s 27, s 28 and s 180
Legislation
Victoria
Essential Services Commission Amendment (Governance,
Procedural and Administrative Improvements) Act
2019
Date of assent: 20 August 2019 Act Number: 21/2019
NSW
Regulations and other miscellaneous instruments
Environmental
Planning and Assessment Amendment (Building and Subdivision
Certification) Regulation 2019 (2019-426) — published LW
30 August 2019
Environmental Planning and Assessment Amendment (Project EnergyConnect (SA to NSW Electricity Interconnector)) Order 2019 (2019-439) — published LW 30 August 2019
National Parks and Wildlife Regulation 2019 (2019-408) — published LW 23 August 2019
Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019 (2019-411) — published LW 23 August 2019
Environmental Planning Instruments
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment 2019 (2019-438) — published LW 30 August 2019
State Environmental Planning Policy (Vegetation in Non-Rural Areas) Amendment 2019 (2019-417) — published LW 23 August 2019
Queensland
Subordinate legislation as made – 23 August 2019
No 158 Rural and Regional Adjustment (Farming in Reef Catchments Rebate Scheme) Amendment Regulation 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.