In the media
Commonwealth drought assistance boosted
The Commonwealth Government has announced 13 more local
government areas will be eligible to apply for the Drought
Community Program in a new round of $100m funding to help
communities (27 September 2019).
More...
New Australian Citizenship Ceremony code
Local councils must now hold citizenship ceremonies on
Australia Day, 26 January, unless they conferred citizenship on
fewer than 20 people in the previous year, the Australian
Government has said. Councils are also required to introduce a
dress standard for people attending citizenship ceremonies, and
must give their local office of the Department of Home ( 20
September 2019).
More...
Heat on councils as bushfire season looms
The frighteningly early start to the bushfire season has
highlighted the crucial role councils play in keeping their
communities safe, informed and reassured (19 September 2019).
More...
Lord Mayors in Canberra to flag homelessness as their
capital concern
Lord Mayors of Australia's capital cities are calling
for action on homelessness, urging the Federal Government to make
social and affordable housing in inner cities a key infrastructure
priority (18 September 2019). More...
Victoria
Victorian council adds 4th recycling bin
A rural council in southwestern Victoria says it's one
of the few councils in Australia to add a fourth bin – glass
– to its collection service, and save ratepayers money by
reducing waste going to landfill (27 September 2019).
More...
Recycled roads and circular economy
Tyre Stewardship Australia and the ARRB are collaborating
on a trial of crumbed rubber mix along a busy Melbourne road. This
new trial in Victoria is a landmark opportunity in the development
of the circular economy in Australia according to the Tyre
Stewardship Australia CEO, Lina Goodman (27 September 2019).
More...
Watchdog receives record number of complaints
Victoria's local government watchdog has recorded the
highest ever number of complaints for a non-election year, with 421
complaints received and assessed in the past 12 months. The
Inspectorate's 2018-19 annual report shows 29 investigations,
many relating to conflicts of interest (22 September 2019).
More...
Victoria announces planning guidelines for solar
development
Victorian Minister for Planning, Richard Wynne, introduced
an amendment to all Victorian planning schemes, implementing the
Solar Energy Facilities – Design and Development Guideline.
The Guidelines ensure new solar energy facilities, producing one
megawatt or more, are built in appropriate location (18 September
2019).
More...
Record grants funding to protect Victoria's
heritage
The Andrews Labor Government is protecting Victoria's
most important cultural landmarks and buildings with a record $3
million in grants from the Living Heritage Program (18 September
2019).
More...
NSW
New website highlights performance of NSW councils
A new website highlighting services and achievements of
councils across NSW has been welcomed as a potentially valuable
source of information for residents by the LGNSW. The State
Government's Your Council website, newly launched,
provides easy access to a range of information on the operations of
NSW's 128 metropolitan and regional councils (24 September
2019).
More...
Concerns about floods, housing in Aerotropolis
Affordable housing and flood risks have emerged among the
key stakeholder concerns as planning progresses for the Western
Sydney Aerotropolis. The partnership, set up as part of the Western
City Deal, comprises representatives of all eight Western Parkland
City councils as well as Blacktown Council, and representatives
from the NSW Department of Planning and Environment (24 September
2019).
More...
Missing middle delay allows councils to define
appropriate locations for townhouses
The Urban Taskforce says it will be some years since the
initial announcement by the NSW Govrnment that a new complying code
for town houses and terrace houses will increase density without
the need for taller towers (19 September 2019).
More...
New EPA guides to help the construction industry
properly dispose of waste
The NSW EPA has published
two new guidance documents to help the construction and
demolition industry strengthen their procurement and contract
processes around waste disposal (17 September 2019).
More...
Queensland
New push to increase council spending transparency
Queenslanders will soon have clear information about how
councils are spending developer infrastructure charges, with
amendments proposed for the state planning system, delivering on a
2017 state election commitment. The amendments will require
councils to publish the amount of infrastructure charges being
collected and where that money is being spent. (28 September 2019).
More...
Focus on building strong and resilient Queensland
The portfolio of State Development, Manufacturing,
Infrastructure and Planning continues to deliver for Queenslanders,
with annual reports tabled showing economic growth, jobs and strong
activity across Queensland to support business and communities (27
September 2019).
More...
Townsville's Indigenous Procurement Goal
Townsville City Council has set itself a new target of
spending 3 percent of its procurement budget with local First
Nation businesses to bring it into line with State and Federal
Government procurement policies (27 September 2019).
Orchard Property Group secures Ripley development
site
Privately-owned developer Orchard Property Group has
completed its purchase of a 34-hectare development-ready site at
Ripley in Ipswich. The Ripley Valley PDA, was declared a PDA in
2010 (26 September 2019).
More...
Industry responds to Brisbane design strategies
The Property Council has provided a submission in response
to the consultation documents produced in relation to the Brisbane
City Council design strategy. The Property Council has recommended
that Council maintain this document as a design guide, rather than
a statutory document (26 September 2019).
More...
Australia's second newest dam is the largest
infrastructure failure in Qld history, mayor warns
Authorities fear there is a chance the Paradise Dam in
southern Queensland will become unsafe if there is a major flood,
with the local mayor saying it is the largest failure of a piece of
infrastructure in Queensland's history (25 September 2019).
More...
Despite region's drought, dam to drop to 42pc
capacity in major release of water
Farmers in the drought-declared Bundaberg region are angry
105,000 megalitres of water will be released from Paradise Dam.
Bundaberg Mayor Jack Dempsey said he wanted an inquiry into the
operation of the dam and for the State Government to fast-track a
study into the long-term water security of the Bundaberg region.
(24 September 2019).
More...
Heritage projects across Queensland receive more than
$940,000 in funding
Owners and custodians of heritage-listed places will share
in more than $940,000 in funding to help protect Queensland's
important state heritage places (20 September 2019).
More...
Cul de sac safe after huge response to walkability
strategy
The Palaszczuk Government has received an overwhelming
response to public consultation on a new model code for
neighbourhood design. Minister for Planning Cameron Dick said they
will now finalise work on the model code reflecting better design
principles, including how councils, developers and the community
can incorporate cul de sacs into walkable communities. (20
September 2019).
More...
$7.1 million Ripley Valley infrastructure agreement to
support more jobs
More roads and bridges will be built in the Ripley Valley
Priority Development Area (PDA) with the Palaszczuk Government
overseeing the signing of a $7.1 million infrastructure agreement
for one of Queensland's boom growth areas (20 September 2019).
More...
Qld passes Great Barrier Reef run-off laws
Queensland miners, sewer operators and farmers will no
longer be able to dump as much run-off into the Great Barrier Reef
under a new law. It will set limits on the amount of sediment,
fertiliser and pesticide allowed to drain into coastal water
catchments that eventually flow into the world's biggest coral
reef (20 September 2019).
More...
AgForce, Local Government Association disagree on land
clearing rule
A decision by the High Court last week to uphold the power
of Queensland councils to control vegetation management on category
X land will make the process even more confusing for primary
producers, according to AgForce (18 September 2019).
More...
Barrier Reef facing endangered list if run-off laws
don't pass, Environment Minister warns
The Queensland Government is expected to pass a bill to
introduce new mandatory farm run-off regulations to protect the
reef, despite opposition from agricultural groups (18 September
2019).
More...
In practice and courts
Australian cities' night time economy produces $134
billion in 2017-18: (CCCLM Report)
The Council of Capital City Lord Mayors research report
demonstrates that the national night time economy continues to
significantly contribute to the Australian economy as a whole, and
between 2016-2017 and 2017-2018 the national night time economy.
The report, available below, provides analysis of each of
Australia's capital cities and member-councils contributing to
the report (Released on 13 September 2019).
More...
Consultation: DR AS 1926.1:2019, Swimming pool safety,
Part 1: Safety barriers for swimming pools
The released
draft Australian Standard is related to swimming pool safety
barriers for public comment and local governments are invited to
have their say. The draft proposes expanding elements of
AS1926.1-2012 to give additional information to pool owners, pool
users and certifiers so they have a better understanding of the
design and construction of a child-resistant barrier. To make a
submission register at
the Standards Australia Standards Hub site. Responses are due
by 31 December 2019.
National Airports Safeguarding Advisory Group
The NASAG is undertaking a review of implementation of the
National Airports Safeguarding Framework (NASF). The review is
intended to consider implementation of NASF across jurisdictions;
and seeks submissions from all levels of government, industry and
community stakeholders. See more information about the review here.
More...
National Local Government Workforce Summit: Tweed Heads,
13-14 November 2019
Featuring expert speakers, interactive workshops, case
studies.
More...
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
Action on Cladding Issues
The government has published a new
Guide for the Assessment of Buildings with Combustible Cladding
to assist councils and other relevant authorities to undertake risk
assessments and draft action plans (17 September 2019).
State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 deferred
The Low Rise Medium Density Housing Code
has been amended to extend for a further short
period, until 31 October 2019. For landowners, pending
recommendations of the review, landowners in deferred council areas
will not be able to use the Code to lodge a complying development
application for dual occupancies, manor houses or terraces until 1
November 2019 (or 1 July 2020 in the City of Ryde).
More...
EPA: Updated Contaminated Land Guidelines
Consultation
The NSW Environment Protection Authority (EPA) is seeking
feedback on two draft contaminated land guidelines, one for
consultants reporting on contaminated land and the other for
assessing and managing hazardous ground gases.To view and
submit feedback visit the EPA's
consultation website. Consultation is open until 8 October
2019. EPA comment
EPA seeks feedback on changes to contaminated land
guidelines
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
Boarding Houses Review
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
PCA: Reef regulations amendment Bill passed by
Parliament
The
Environmental Protection (Great Barrier Reef Protection Measures)
and Other Legislation Amendment Bill 2019 was passed on 19
September 2019 with the
new Reef protection regulations proposed to come into effect on
1 December 2019 (26 September 2019).
More...
PCA: Industry responds to Brisbane design
strategies
The Property Council has
provided a submission in response to the consultation documents
produced in relation to the Brisbane City Council design strategy.
Public consultation has recently been held on
Design-led City - a design strategy for Brisbane and the
draft New Wrld City design guide – Subtropical homes for a
Brisbane lifestyle (26 September 2019).
LGAQ: Planning for well-designed and liveable
communities
The LGAQ recently submission to the State Government on
the 'Creating healthy and active communities' Consultation
Paper, Model Code for Neighbourhood Design and proposed mandatory
provisions (16 September 2019).
More...
LGAQ: Container Refund Scheme (CRS) – Revenue
sharing arrangements
Transitional arrangement provisions in the Waste
Reduction and Recycling (Container Refund Scheme - Material
Recovery Agreements) Amendment Regulation 2019 have been
extended to 31 December 2019, allowing more time to find a
sustainable (default) arrangement (23 September 2019).
More...
Waste tyre receivers in Queensland now need an
environmental authority
An environmental authority (EA) is now required for
activities that involve receiving and sorting, dismantling, baling
or storing greater than 4t or 4m3 of end-of-life tyres
at any one time. This activity is regulated under Environmentally
Relevant Activity (ERA) 62 – Resource recovery and
transfer facility operation in accordance with the
Environmental Protection Regulation 2019. Current opertors have
until 23 November 2019 to hold an EA.
More...
Stage 2 changes
Stage 2 commences on 1 July 2019 and introduces the
remaining waste-related ERAs.
The information sheet
Fees for new waste environmentally relevant activities details
the new fees that apply for waste-related ERAs from the first
anniversary day after 15 November 2019 or the next anniversary day
if the environmental authority is amended before 15 November
2019.
DNMRE Current Consultations
Moreton: Targeted amendment of the water plan
Feedback on a new draft water plan amendment closes on 01 October
2019
Cairns South SDA – potential expansion and draft development
scheme
Closing date is 11 October 2019
North Queensland Regional Plan
The
draft NQ Regional Plan is a 25 year strategic, statutory
planning document for the local government areas of Burdekin,
Charter Towers, Hinchinbrook, Palm Island and Townsville.
Consultation on the draft document closes on 22 November 2019. 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 Members of the public
can view the plans in full detail and make a submission here from 30 August to
11 October
Cases
Central Coast Council v Armstrong
[2019] FCA 1613
Pursuant to s 133(9) of the Bankruptcy Act
1966 (Cth), the property at 4 Turners Beach Road, Turners
Beach in Tasmania as is more particularly described in Certificate
of Title Volume 8179 Folio 1 vest in the Central Coast Council for
the purposes of sale by the Central Coast Council of the property
for unpaid rates and otherwise in accordance with the provisions of
s 137 of the Local Government Act 1993 (Tas).
Barngarla Determination Aboriginal Corporation RNTBC v
District Council of Kimba [2019] FCA
1585
PRACTICE AND PROCEDURE – application for an
interlocutory injunction to restrain the respondent council from
conducting a community ballot – where injunction sought
pending the outcome of the appeal – where respondent council
proposed to conduct a community ballot for the purposes of a
process conducted by the Commonwealth Minister responsible for
selecting a site for the National Radioactive Waste Management
Facility – where ballot proposed to be conducted prior to the
hearing of the appeal – where ballot proposed to be conducted
in accordance with the franchise expressed in the Local
Government (Elections) Act 1999 (SA) – where appellant
claimed its members who held native title rights to the land in
question were excluded from the ballot in contravention of the
Racial Discrimination Act 1975 (Cth) – where primary
judge did not accept those claims – whether the appeal would
be rendered nugatory if the injunction was not granted –
whether there was a strong prima facie case on appeal –
whether the balance of convenience favoured the grant of an
injunction – application dismissed
Federal Court of Australia Act 1976 (Cth) s 25;
National Radioactive Waste Management Act 2012 (Cth) ss 7,
10, 18, 19, 22, 23, Part 2
Clarence City Council v Commonwealth of
Australia [2019] FCA 1568
DECLARATORY RELIEF – applications by strangers
to lease agreements – applicants seeking declarations as to
the proper construction of a term of agreements by which they
benefited economically – where parties to the agreements were
not in dispute about the proper construction and applicability of
the relevant term – where lessee contended that the strangers
had no standing to seek such declaratory relief – where
applicants asserted right to relief was based merely on an
agreement to which they were not a party – importance of the
doctrine of privity – Trident General Insurance Co Ltd v
McNiece Bros Pty Ltd [1988] HCA 44; (1988) 165 CLR 107 at 141-143
per Deane J applied – applicants had no standing to seek
declaratory relief – proceedings dismissed
NSW
Karimbla Properties (No 13) Pty Limited v The Council
of the City of Sydney;
Meriton Apartments Pty Limited v The Council of the
City of Sydney;Karimbla
Properties (No 25) Pty Limited v The Council of the City of
Sydney [2019] NSWLEC
133
LOCAL GOVERNMENT RATING – system of categorisation
for rating purposes – applications for re-categorisation from
business to residential – Council approves re-categorisation
from 1 July 2017 – each application sought an earlier (but
different in each proceedings) effective date for the
re-categorisation – appeals against the Council's
operative date for re-categorisation – range of issues,
including jurisdictional ones, raised by the Council –
consideration of whether, taking each case for the relevant owning
company at its highest on jurisdictional and legal issues, it was
appropriate, is a matter of discretion, to award the extent of
retrospectivity which would arise from the operative dates sought
by each owning company – as a matter of discretion, not
appropriate to order earlier operative date for each
re-categorisation – each proceedings dismissed with costs
reserved. Local Government Act 1993 , ss 511, 516, 518,
521 and 523 to 527
Macquarie International Health Clinic Pty Ltd v Sydney
Local Health District [2019] NSWSC 1199
(2) Declare that each of the following notices was
validly issued by the defendant to the plaintiff:
ENVIRONMENT AND PLANNING — Building approval – whether
the building approval had lapsed – "substantial physical
commencement" test in s 104 of the Local Government Act
1993 (NSW) – whether there has been some positive
unequivocal step indicating that construction of the hospital has
been commenced and that some substantial part of the works has been
physically commenced
LAND LAW — Conveyancing — Service of notices –
CONTRACTS — Remedies — Damages – whether inquiry
as to damages should be ordered – whether causation of more
than nominal damage established
Environmental Planning and Assessment Amendment Act 1997
(NSW)
Environmental Planning and Assessment Regulation 2000
(NSW), cl 55
Local Government Act 1993 (NSW), ss 103, 104, 315, Ch
7
Statute Law (Miscellaneous Provisions) Act 1998
(NSW)
Uniform Civil Procedure Rules 2005 (NSW), r 14.11(d)
Dominello v Harbour Radio Pty Ltd t/as
2GB (No.2) [2019] NSWSC 1089
(1) Order the defendant to pay the plaintiff's
expenses reasonably incurred before the making of the renewed offer
to make amends on 4 September 2018, and his expenses reasonably
incurred in considering that offer, as agreed or assessed.
DEFAMATION – Costs – where an offer to make amends has
been accepted by the plaintiff – where the offer includes
payment of the plaintiff's expenses reasonably incurred
–whether the Court has the power to make a costs order
– where neither party acted unreasonably in the course of
litigation
Radio publication: The Herald reports that Mr Dominello has been
accused of threatening and intimidating in order to have a 1,400
unit development approved. It's claimed he pressured a local
councillor by linking her party pre-selection with her vote on the
development
LKF Investments Pty Ltd v Inner West
Council [2019] NSWLEC 1458
DEVELOPMENT APPLICATION – State Environmental
Planning Policy (Affordable Rental Housing) – boarding house
– provision of car parking – car share –
stormwater drainage
Jam Ventures Australia Pty Ltd v Inner West
Council [2019] NSWLEC 1456
APPEAL – modification application –
deletion of deferred commencement conditions that require easement
for drainage over downstream property – stormwater design
proposes drainage to street frontage – adequacy of proposed
stormwater design – development control plan provisions
– whether flexibility should be afforded when standards in
the development control plan are not met
Williams v Shellharbour City Council
[2019] NSWLEC 135
SEPARATE QUESTION: whether to order a separate
question – legal principles to be applied – question if
answered negatively would be entirely dispositive of the
proceedings – delay in making the application –
substantial savings in costs and time – separate question
ordered – parties not entitled to cease preparing for final
hearing pending determination of separate question thereby causing
potential vacation of hearing dates.
MAA Consultancy Pty Ltd v Fairfield City
Council [2019] NSWLEC 1450
MODIFICATION APPLICATION – continuing
residential use – FSR exceedance – insufficient
landscaping – OSD requirement – existing unapproved
works – substantially the same
Dungog Shire Council v Hunter Industrial Rental
Equipment Pty Limited [2019] NSWLEC 132
ENVIRONMENT AND PLANNING – Land and Environment
Court – jurisdiction and powers –Discretionary powers
– stay of proceedings – temporary – Notice of
Motion to extend stay of orders to enable State Significant
Development (SSD) process to be completed – ongoing breach of
planning and environment laws – importance of upholding
planning and environment laws – impact on the community
– impact upon employees and third parties – Notice of
Motion dismissed
Bouchard v Waverley Council
[2019] NSWLEC 1449
DEVELOPMENT APPLICATION – alterations and
additions including an additional level to a development for which
consent has been granted but has not yet been constructed –
exceedance of the height of buildings development standard –
exceedance of the floor space ratio development standard –
written requests seeking to justify the contravention of
development standards have not demonstrated that compliance with
the development standards is unreasonable or unnecessary to justify
the contravention.
Queensland
Alderton v Fraser Coast Regional Council
[2019] QIRC 137
Application refused. INDUSTRIAL LAW –
APPLICATION FOR REINSTATEMENT – where termination of
employment following disciplinary action – where
inappropriate conduct, punctuality and absenteeism – where
disrespect and unprofessionalism in the workplace – where
breaches of Council's Code of Conduct – where applicant
claims Council breached workplace rights by taking adverse action
– where applicant claims mental injury with mixed anxiety and
depressed mood - whether termination harsh, unjust or unreasonable
Industrial Relations Act 2016, s 316, s 317, a 320, s
545
Legislation
Bills
National
Consumer Credit Protection Amendment (Small Amount Credit Contract
and Consumer Lease Reforms) Bill 2019 [No. 2]
HR 16/09/2019 – his bill amends the regulatory
framework for Small Amount Credit Contracts ('SACC')
(commonly known as payday loans) and consumer leases (known as
rent-to-buy schemes), including preventing lessors and credit
assistance providers from undertaking door-to-door selling of
consumer leases at residential homes
Commonwealth
Electoral Amendment (Real Time Disclosure of Political Donations)
Bill 2019
HR 16/09/2019 – This Bill amends the Act to
require the agent or financial controller of the party, branch or
campaigner to advise the electoral commission of any donation
received by the party, branch or campaigner that meets or exceeds
the disclosure threshold. The notification must occur within 5
business days of receipt of the donation
Bills assented
Criminal Code Amendment (Agricultural Protection) Bill
2019
Assent Act no: 67 Year: 2019 19/09/2019
Consideration of Senate message Details: House agreed to Senate
amendments 12/09/2019
Amends the Criminal Code Act 1995 to introduce two new
offences in relation to the incitement of trespass or property
offences on agricultural land
See Criminal
Code Amendment (Agricultural Protection) Act 2019
24/09/2019
NSW
Regulations and other miscellaneous instruments
Environmental
Planning and Assessment Amendment (M12 Motorway) Order 2019
(2019-473) — published LW 27 September 2019
Liquor
Amendment (Miscellaneous) Regulation (No 2) 2019 (2019-463)
— published LW 20 September 2019
Natural
Resources Access Regulator Amendment Regulation 2019 (2019-464)
— published LW 20 September 2019
Protection
of the Environment Operations (Waste) Amendment Regulation 2019
(2019-465) — published LW 20 September 2019
Queensland
Subordinate legislation as made
No 195
Rural and Regional Adjustment (Household Waste Payment Scheme)
Amendment Regulation 2019 27 September 2019
No 189
Waste Reduction and Recycling (Container Refund
Scheme—Material Recovery Agreements) Amendment Regulation
2019 20 September 2019
Bills updated 19 September
Environmental
Protection (Great Barrier Reef Protection Measures) and Other
Legislation Amendment Bill 2019
Introduced by: Hon L Enoch MP on 27/02/2019
Stage reached: 2nd reading adjourned on 18/09/2019
Electoral (Voter's Choice) Amendment Bill
Introduced by: Mr D Janetzki on 18/09/2019
Stage reached: Referred to Committee on 18/09/2019
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.