In the media
Australian cities among world's smartest
Three Australian cities in South Australia and Queensland
have been named among the world's 21 smartest communities by
the Intelligent Community Forum, a think tank. South
Australia's City of Adelaide and City of Prospect, and the
Queensland's Sunshine Coast Council featured alongside cities
and counties from nine countries (08 November 2019).
More...
Time to get serious about recycling
Councils are calling for government to get serious about
recycling and a circular economy as State environment ministers
from across the country meet (08 November 2019).
More...
Struggling councils welcome new drought funding
The Australian Local Government Association
(ALGA) has welcomed the Commonwealth's new
drought assistance measures, saying they will be of real benefit to
drought-affected councils and communities (07 November 2019).
More...
Millions in drought assistance for councils
Drought affected councils have received a multi-million
dollar windfall from the federal government's $1 billion
drought package (07 October 2019).
More...
Report wants 'all options' for water
security
The Water Services of Association of Australia's Urban
Water Update 2019 says the drought has intensified over the last
year, leaving many rural communities facing critical shortages. The
impact of the drought is also being felt by major cities. The WSAA
includes 20 local councils (06 November 2019).
More...
NSW
National recycling action plan has NSW councils
support
Local Government NSW (LGNSW) has welcomed
today's commitment from State environmental ministers to
prioritise delivery of waste reduction and increased recycling
through an ambitious new National Waste Policy Action Plan (08
November 2019).
More...
Asbestos waste reform a win for local communities
An increase in safe disposal areas for asbestos and an end
to expensive asbestos disposal levies are expected to reduce
illegal dumping in a win for communities and councils across NSW.
Illegal dumping of asbestos was a scourge facing many local
government areas, exacerbated by restrictive regulations and levy
fees that made it costly to do the right thing (06 November 2019).
More...
Councils make pledge on procuring recyclables
A Memorandum of Understanding signed by the eleven member
councils of the Southern Sydney Regional Organisation of Councils
(SSRCO) has made a commitment to prioritise
recyclables in procurement and to use their collective purchasing
power to procure recycled materials from regional areas . (07
November 2019).
More...
Rubbish in roads to tackle waste crisis
Sydney's Northern Beaches Council will trial using
recyclables in asphalt to improve road quality and reduce landfill
(04 November 2019).
More...
Residents donate water to save trees in heritage-listed
park as drought continues
Residents in the regional city of Armidale are using their
own water to save trees in their heritage-listed park, as the
drought continues to deplete the district's water supply (04
November 2019).
More...
Queensland
Change in Federal mindset is a critical step forward in
managing drought
The announcement by the Federal Government to provide
drought funding to non-farm businesses and more funding for
councils in drought-affected regions is a win for communities and
councils (08 November 2019).
More...
Council banks on riverside revamp to turn the tide
The City Reach Waterfront draft masterplan will
be open to the public to give feedback on a range of proposals to
improve Brisbane's key stretch of riverside precinct. From the
Botanic Gardens to Howard Smith Wharves, the City Reach Waterfront
has been under review all year in a bid to create a world-class
city riverfront(07 November 2019).
More...
'People will be delighted': New vision for Mount
Coot-tha businesses
Jimmy's on the Mall announced as winner of two 20-year
leases with Brisbane City Council to run a cafe and restaurant at
the top of Mount Coot-tha (06 November 2019).
More...
Plan review to promote economic opportunities for Wide
Bay Burnett region
Minister for Planning Cameron Dick said regional plans are
prepared under the Planning Act 2016 as long-term, strategic
planning documents which bring together councils and communities in
the area to address matters such as housing supply, economic
development, industrial, environment, transport and infrastructure
requirements (05 November 2019).
More...
Mandatory training for all council candidates now live
online
All intending candidates for next year's local
government elections, including sitting councillors and mayors who
plan to run again, are now required to complete an online training
course before they nominate. Local Government Minister Stirling
Hinchliffe said the training was integral to promoting community
confidence in the sector (05 November 2019).
More...
Former Fraser Coast mayor Chris Loft jailed for
misconduct
The former mayor of the Fraser Coast Regional Council has
been found guilty of using his position to push for his former
campaign manager to be appointed his chief-of-staff (04 November
2019).
More...
Gold Coast Deputy Mayor refuses to comment on donations
'error' following tribunal
Gold Coast Deputy Mayor Donna Gates refuses to comment on
a ruling handed down by the Office of the Independent Assessor made
public this week (05 November 2019).
More...
Statement from the Independent Assessor Kathleen Florian
– Gold Coast Deputy Mayor decision
Gold Coast Deputy Mayor, Donna Gates, has been ordered to
undergo counselling by the council's CEO after two counts of
misconduct were sustained, including for inaccurately describing
more than 30 campaign donations worth more than $68,000 as
'race tickets' on her register of interests (04 November
2019).
More...
Queensland councils crack $1 billion on sport and
recreation spending
Statement from LGAQ President Mark Jamieson: Data provided
by the Australian Bureau of Statistics (ABS) shows
that Queensland councils spent just over $1 billion on sports and
recreation for the 2017-18 financial year (01 November 2019).
More...
Councillors making vexatious complaints face hefty
fines
The Independent Assessor has issued a warning to
councillors who make improper complaints about another
councillor's conduct, that they could be charged with making
frivolous or vexatious complaints and face a fine of more than
$11,000, ahead of the 2020 council elections (01 November 2019).
More...
Black Swan Lake saved in 'inspiring'
conservation victory with Gold Coast Council
Conservationists are claiming a coup after convincing Gold
Coast Council to save a freshwater lake from being turned into a
carpark (30 October 2019).
More...
Grants to help strengthen Queensland's thriving,
cohesive communities
A total of $3 million in grants will be made available to
community groups, not-for-profit organisations and local councils
across the state as part of the Queensland Government's ongoing
efforts to create thriving and cohesive communities (29 October
2019).
More...
In practice and courts
ALGA Submissions – 07 November 2019
Infrastructure
Audit 2019 - Submission to Infrastructure Australia. Local
governments provide a range of essential services and
infrastructure that serve as the foundation for local, regional and
metropolitan communities, and are critical in fostering economic
activity and community wellbeing. Furthermore, local councils are
responsible for 33% of public infrastructure
Inquiry into the
importance of a viable, safe, sustainable and efficient road
transport industry - Submission to the Senate Committee on
Rural and Regional Affairs and Transport References Committee.
Local roads constitute 75 per cent of the nation's roads by
length. Most road freight journeys start or finish on a local road
and the freight industry has consistently nominated first and last
mile issues on local roads
Beta biosecurity website
The National Biosecurity Committee is seeking user
feedback from on a new biosecurity
website aimed at helping councils, businesses and individuals
better understand how to identify and respond to biosecurity
threats (October 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. Submissions close on 22 November 2019.
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
by31 December 2019.
Social Media for Government Summit, Melbourne: 4 to 6
December
This event will address the most significant challenges
being faced and uncover the knowledge, strategies and technology to
improve the impact and value of social media efforts. 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
Local Government Remuneration Tribunal 2020 Review of
the fees payable to Mayors and Councillors
The Tribunal is seeking feedback on the proposed
classification model and the allocation of individual councils in
the model outlined by the Tribunal, in addition to the range of
fees payable in the proposed classification model. Members
submissions close on 13 December 2019.
More...
Net Zero Emissions and Climate Resilience for Local
Government
This workshop will support local government in planning
for a low emissions and resilient future. We will be helping local
government to prepare for the transition to net zero emissions at a
community scale, as well as building community resilience (01
November 2019).
More...
Fixing local roads, grants open
The NSW Government has launched Round 1 of the 'Fixing
Local Roads Program' for rural and regional councils to carry
out maintenance and repairs of local roads including unsealed road
safety or access improvements, patching or repairing cracking and
potholes. Applications close 2 December 2019 (07 November 2019).
More...
Latest drought information at your fingertips
Visit the LGNSW website for latest drought-related
information including public information session dates and
locations, Regional Water Availability Report, Water News, State
Seasonal Update, Combined Drought Indicator (CDI)
tool, BoM Water data, status and forecasts (07 November 2019).
More...
Have your say on the Draft Strategic Vision for the
Central State Significant Precinct (SSP)
We welcome your feedback on Transport for NSW's
(TfNSW) proposed draft. The Department welcomes
feedback from the community, government agencies and other
stakeholders during public exhibition, which Concludes 27 November
2019.
More...
Have Your Say on Sydney Fish Markets
The Department of Planning, Industry and Environment is
calling for community feedback on plans to develop the new Sydney
Fish Markets, on Bridge Road in Glebe.
Sydney Fish Markets Concept and Stage 1 works
Sydney Fish Markets and Stage 2 works
Both exhibitions close on 13 November 2019
Draft vision for Central Precinct
The community is invited to have its say on a draft vision
for Central Precinct. The exhibition is open until 27 November
2019.
More...
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...
Product Stewardship Amendment (Packaging and Plastics)
Bill 2019
Councils are invited to make submissions to the Parliament
of Australia's Environment and Communications Legislation
Committee's inquiry into the Product Stewardship Amendment
(Packaging and Plastics) Bill 2019. The closing date for
submissions is 21 November 2019.
More...
IPART Local Government Report Consultation
The NSW Government is seeking feedback on the final
reports from three local government reviews by the Independent
Pricing and Regulatory Tribunal. These include:
a review of reporting and compliance burdens on local
government
a review of local government compliance and enforcement
(submissions close 15 November).
More...
A New Risk Management and Internal Audit Framework for
Local Councils in NSW
Every council in NSW will be required to appoint and
operate an Audit, Risk and Improvement Committee by March 2021 as
part of the NSW Government's package of reforms to strengthen
local government. The discussion paper-A New Risk Management and
Internal Audit Framework for Local Councils in NSW-will be on
public exhibition until 31 December 2019. 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
Local Strategic Planning Statements Training
Sessions
Following changes to the Environment Planning and
Assessment Act last year, councils are required to prepare
statements by 1 December 2019 (Sydney councils) and 1 July 2020
(regional councils). More...
Queensland
Local Government Bulletin: 05/19 - Recent changes to
legislation – implementation of stage 2 reforms for the Local
Government sector
The purpose of this
bulletin is to provide information about recent legislative
amendments to implement the second stage of the Queensland
Government's rolling reforms for the Local Government sector.
The Local Government Electoral (Implementing Stage 2 of Belcarra)
and Other Legislation Amendment Act 2019 was assented to on 30
October 2019. Changes that are in effect immediately are outlined
here
More...
Implementation support
The Local Government Electoral (Implementing Stage 2 of
Belcarra) and Other Legislation Amendment Act 2019 and
Explanatory Notes are available on the Queensland Legislation
website:
Local Government Electoral (Implementing Stage 2 of Belcarra) and
Other Legislation Amendment Act 2019
Explanatory Notes
City of Brisbane Act 2010 reprint current from 30
October 2019
Local Government Act 2009 reprint current from 30
October 2019
Local Government Electoral Act 2011 reprint current
from 30 October 2019
LGAQ – 08 November 2019
QIRC releases it's 2019 State Wage case decision
Proposed amendments to the Land Regulation 2009 - Have your say
The Land Regulation sets out operational details that are fundamental for dealings in state land (such as leasehold and trust land), and administering the Land Act 1994. Closing 6 December 2019. More...
Noise Regulation Review for Remotely Piloted Aircraft (RPA) and Specialised Aircraft
The review will consider the community noise impacts of each type of operation and determine considerations for potential noise regulations. Due by close of business Friday, 22 November 2019. More...
Report - No. 54, 56th Parliament – Criminal Code
(Trespass Offences) Amendment Bill 2019
The committee's findings from its examination of the
Bill.
Legal Affairs and Community Safety Committee - Report No. 54, 56th
Parliament - Criminal Code (Trespass Offences) Amendment Bill 2019
inquiry (01 November 2019).
More...
Stage2 changes
Stage 2 commences on 1 July 2019 andintroduces the
remaining waste-related ERAs.
The information sheet
Fees for new waste environmentally relevant activities
(ERAs) (PDF, 73K) details the new fees that
applyfor waste-related ERAs from the first anniversary day after 15
November 2019 or the next anniversary day ifthe environmental
authority is amended before 15 November 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...
PCA: Reef regulations amendment Bill passed by
Parliament
The
new Reef protection regulations proposed to come into effect on
1 December 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.
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 greaterthan 4t or 4m3 of
end-of-life tyres at any one time.
Learn more about the waste changes. Current operators have
until 23 November 2019 to hold an EA.
Reminder:Central Queensland Bushfires Flexible Funding
Grants Round 2
Grants of up to $150,000 are available to help Central
Queensland communities Banana, Bundaberg, Central Highlands,
Gladstone, Isaac, Livingstone, Mackay and Rockhampton. Closing 5
November 2019. NOTE: Recipients of Round One grants are also
encouraged to apply.
More...
Cases
NSW
Nielsen v Wingecarribee Shire Council
[2019] NSWLEC 1529
COSTS – judicial review proceedings –
principles governing exercise of discretion to order costs –
costs order made
Dungay v Kempsey Shire Council
[2019] NSWCATAD 225
EQUAL OPPORTUNITY – leave required for complaint to
proceed – principles applying to grant of leaveEQUAL
OPPORTUNITY – race discrimination in provision of goods and
services
Amos v Central Coast Council
[2019] NSWCATAD 226
ADMINISTRATIVE LAW – Freedom of information —
Access to information – GIPA – confidential information
– third party objections - personal information –
reasonableness of searches – scope of access application
Syncept Chatham Pty Ltd v City of Ryde
Council [2019] NSWLEC
170
LAND AND ENVIRONMENT COURT – Jurisdiction and Powers
– Class 4 – Heritage Act – Interim Heritage Order
– statutory authorisation – local council –
statutory construction – conditions of minister's
authority under Heritage Act – discretionary powers –
invalidity
Chan v City of Canada Bay Council
[2019] NSWLEC 1530
DEVELOPMENT APPLICATION – boarding house –
whether the proposal is compatible with the character of the local
area – the proposal does not meet the parking standard
– overshadowing of adjoining property – impact on views
across the site – amenity of boarding rooms – vicinity
of heritage conservation areas and impact on setting –
management of tandem car parking
Boyce v Inner West Council [2019]
NSWLEC 1521
DEVELOPMENT APPLICATION – boarding house –
breach of LEP height and FSR standards – whether cl 4.6
written request required in light of cl 29(4) of the State
Environmental Planning Policy (Affordable Rental Housing) 2009
– desired character – height transition to adjacent
development
Zhiva Living Dural Pty Limited v Hornsby Shire
Council (No 3) [2019] NSWLEC 152
APPEAL - appeal against Commissioner's refusal of
development application for seniors living project - appeal
confined to question of law - Commissioner dismissed the
development appeal on the basis of failure to satisfy a
precondition set by State Environmental Planning Policy (Housing
for Seniors and People with a Disability) 2004
(SEPP) - matter not raised in the Council's
contentions - Applicant proposed a condition of consent to satisfy
requirement - Commissioner's request for further submissions
did not request submissions as to whether a condition could satisfy
the requirements of the SEPP - Commissioner dismissed the appeal
without providing the parties with an opportunity to make
submissions as to why a condition could provide a proper basis to
satisfy the provision - Applicant complains of denial of procedural
fairness in circumstances where, in earlier unrelated proceedings,
the same Commissioner had accepted a condition of consent in near
identical wording to the proposed condition to satisfy the same
provision in the SEPP - procedural fairness denied to the Applicant
- appeal upheld
DEVELOPMENT APPLICATION - approval of the proposed development
required a site compatibility certificate - without a current site
compatibility certificate, the proposed development was prohibited
- the proposed development had been given a site compatibility
certificate but it had expired as at the date of this appeal
against the Commissioner's decision - no basis upon which the
Court would have power utilising s 39(2) of the Land and
Environment Court Act 1979 (the Court Act) to
consider whether to issue a fresh site compatibility certificate -
in the absence of a current site compatibility certificate, there
is no development application capable of approval - remitter to
Commissioner futile - appropriate course to exercise power pursuant
to s 56A(2)(b) of the Court Act to determine the proceedings by
refusal of development consent - Class 1 appeal dismissed and
proposed development refused development consent.
Byron Shire Council v Ardill Payne &
Partners [2019] NSWLEC
153
ENVIRONMENT AND PLANNING - Land and Environment Court -
practice and procedure - extension of time for appeal - UCPR 50.3 -
exercise of discretion - leave granted
Thomas v Randwick City Council
(No 3) [2019] NSWLEC 161
JOINDER - Notice of Motion seeking setting aside of
costs order made concerning costs thrown away as a result of ex
parte application requiring vacation of conciliation conference
process - no basis to disturb costs order for costs thrown away
made against moving party seeking joinder - application for joinder
successful - applicant for joinder seeks costs of hearing at which
joinder was granted - basis for consideration of costs application
- application for costs to be determined on the basis of
application of Land and Environment Court Rules 2007 requiring that
it be "fair and reasonable" to make costs order in favour
of successful party - not fair and reasonable to make costs order
in favour of successful applicant for joinder - costs application
dismissed COSTS - costs of Notice of Motion seeking costs orders -
costs' proceedings not subject to "fair and
reasonable" test in Land and Environment Court Rules 2007 -
costs of costs applications usually dealt with on the basis that
costs follow the event - no basis to depart from that position in
these proceedings - applicant for joinder ordered to pay costs as
agreed or assessed of the Applicant and of the First Respondent of
the costs Notice of Motion
Queensland
Iveson v Scenic Rim Regional Council &
Anor (No 2) [2019] QCAT 324
PROCEDURE – CIVIL PROCEEDINGS – COSTS
– INDEMNITY COSTS – PARTICULAR CASES – where the
applicant's claim struck out on the basis it was misconceived,
lacking in substance or otherwise an abuse of process – where
the second respondent sought costs of the application to dismiss on
an indemnity basis – where applicant not legally represented
on commencement of proceedings – where second respondent
pursued an erroneous procedural defence in part – where
appropriate order was that the applicant pay costs from date of
filing of material clearly showing the case against the second
respondent was without prospects – whether costs on an
indemnity basis appropriate
Queensland Civil and Administrative Tribunal Act 2009 Qld s 47, s
100
Orb Holdings Pty Ltd v WCL (QLD) Albert Street Pty
Ltd [2019] QSC 265
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL
– SUMMARY JUDGMENT FOR PLAINTIFF OR APPLICANT – where
the applicant seeks a declaration against the respondent that
certain land has been dedicated as, and is, a public highway or
public road – where the respondent applied for judgment in
the application – whether the respondent as registered
proprietor in fee simple of the land, is not subject to any
unregistered interest created by or as a result of a common law
dedication of a road
REAL PROPERTY – TORRENS TITLE – INDEFEASIBILITY OF
TITLE – EXCEPTIONS TO INDEFEASIBILITY – RIGHTS OF
HIGHWAY – where the applicant submitted that land had been
dedicated as a public road and that that dedication was not
affected by the transfer of the land to the respondent and
registration of the respondent as proprietor in fee simple –
whether the respondent has indefeasible title to the land –
whether common law public rights of passage over land take priority
over registered interest
City of Brisbane Act 2010 Qld s 3, s 5, s 63, s 65, s 65(2)(a), s
65(2)(b), s 66, s 81
Legislation
NSW
Regulations and other miscellaneous instruments
Protection of the Environment Operations (Waste) Amendment (Waste
Contributions Exemption) Regulation 2019
(2019-526) — published LW 1 November 2019
Service NSW (One-stop Access to Government Services) Amendment
(Delegation) Regulation 2019
(2019-527) — published LW 1 November 2019
Environmental Planning Instruments
State Environmental Planning Policy Amendment (Data Storage)
2019
(2019-537) — published LW 8 November 2019
Queensland
Bills
Criminal Code (Trespass Offences) Amendment Bill
2019
Stage reached: 2nd reading to be moved on 1/11/2019
Electoral and Other Legislation Amendment Bill
2019
Assent Date: 30/10/2019 Act No: 31 of 2019 Commences: by
Proclamation
The Bill implements important reforms to improve the integrity,
transparency and public accountability of the state's electoral
system.
Local Government Electoral (Implementing Stage 2 of Belcarra) and
Other Legislation Amendment Bill 2019
Assent Date: 30/10/2019 Act No: 30 of 2019 Commences: see Act for
details
The Bill aims to improve transparency and public accountability of
local government elections in line with State and Commonwealth
electoral and governance frameworks
Subordinate legislation as made - Reminder
No 196
Environmental Protection (Rehabilitation Reform) Amendment
Regulation 2019
This Regulation amends the Environmental Protection Regulation 2019
to implement the rehabilitation reforms under the Environmental
Protection Act 1994 (EP Act) to: support decisions
under the EP Act in relation to Progressive Rehabilitation and
Closure Plan (PRCP) schedules; support the
implementation of Public Interest Evaluations; and set the date for
commencement of the PRCP framework as 1 November 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.