In the media
Councils fail on corruption prevention, records
Separate reviews of local government across two states
indicate that despite good intentions about corruption prevention
and good record keeping, councils are failing to deliver (12 April
2019).
More...
Coalition's population package
In December 2018, COAG agreed that the Commonwealth, state
and territory Treasurers and the President of the ALGA would
consider a framework for national population and planning to
address population management in Australia, for consideration at a
future COAG meeting. In addition to participating in the Treasurers
Forum ALGA is also participating in a number of working groups
being led by The Treasury to look at attracting growth to the
regions (12 April 2019). More...
Fairer funding unlocks communities potential
The Australian Local Government Association and your
state/territory local government association have made it simple
for your council to participate in the national advocacy campaign
to get fairer funding for local government and our communities (12
April 2019).
More...
Animal rights group Aussie Farms faces crackdown after
nationwide protests
The attorney general has asked the privacy commissioner to
investigate Aussie Farms and called on states to increase trespass
penalties in response to the animal rights group (08 April 2019).
More...
Budget provides $104m to root out public sector
corruption
The government will provide $104 million over four years
to establish a commonwealth corruption watchdog, the Commonwealth
Integrity Commission (CIC), charged with stamping
out criminal conduct in the public sector. It will not be able to
make public findings of corruption but will be able to refer
potential criminal conduct to the DPP (04 April 2019).
More...
Budget contains some good news for local councils but
more needs to be done to unlock community potential
The Morrison Government's 2019/20 Federal Budget makes
good progress in addressing some of the infrastructure issues
facing local councils but is a missed opportunity in delivering a
fairer share of revenue back to our local communities according to
the President of the Australian Local Government Association
(ALGA), Mayor David O'Loughlin (03 April
2019).
More...
Budget infrastructure splashout leaves councils
underwhelmed
Local and state governments have emerged with some wins
out of the Federal Budget with the announcement of a $100 billion
infrastructure splashout over the next ten years. However the
national peak body for local government remained disgruntled,
saying the road funding was "nowhere near" what safety
experts had been calling for (03 April 2019).
More...
Australia's top ten solar-powered suburbs
Four of Australia's top five rooftop solar postcodes
are in Queensland and three are in Western Australia, according to
a Clean Energy Council report released on Thursday, while the ACT,
Northern Territory and Tasmania languish at the bottom (03 April
2019).
More...
Government takes on EU-style e-invoicing
Australia and New Zealand are following Europe in
digitising government invoicing in a bid to boost competition for
contracts, open up to cross-border bids and potentially save
billions in administrative costs (01 April 2019).
More...
Victoria
Community to have their say on North East Link
The planning approvals process for Victoria's biggest
road project has started, with an Environment Effects Statement
(EES) for North East Link now out for public
comment. The Andrews Labor Government is working to support
potentially impacted residents, businesses, sports clubs and
community groups when delivering the long-awaited project (10 April
2019).
More...
Victorian council faces suspension
An eastern Victorian council is preparing its case after
being asked by the state government to show reason why it
shouldn't be suspended over failure of governance. South
Gippsland Shire Council is the third council in Victoria to find
itself in hot water with the state government over governance
issues in the last three years (08 April 2019).
More...
Melbourne council moves to end car parking requirements
for new developments
Moreland City Council, which governs a cluster of suburbs
in Melbourne's north, hopes to reduce, and in some cases do
away with, minimum requirements for car parking when granting
planning permission to new developments, under a new transport
strategy (04 April 2019).
More...
NSW
'Worn-out' Bondi Pavilion to get low-key
restoration under council plan
Waverley Council aims to restore rather than redevelop the
heritage-listed Bondi Pavilion, with a plan that addresses toilet
and shower facilities and makes the building more accessible to the
public (13 April 2019).
More...
Council fearful for future of historic wharf
A Sydney council is fighting to save a century-old relic
of Australia's early coal trade from deterioration and
potentially from the bulldozers. The wharf at the former coal
transport depot at Balls Point Reserve on the Waverton Peninsula,
built in the 1920s, is owned by the NSW Government but North Sydney
council owns the rest of the site (12 April 2019).
More...
NSW office of local government axed under
restructure
The NSW government will abolish key agencies including the
Office of Local Government and the Office of Environment and
Heritage under sweeping changes to the structure of the NSW public
service (02 April 2019).
More...
Councils welcome regional boost for infrastructure,
roads and health
A $206 million increase in funding available for community
infrastructure in regional areas has been applauded by the NSW
local government sector. The new money will be released in an
additional funding round of the Building Better Regions Fund, and
is in addition to $611.2 million available from the five-year
National Stronger Regions Fund, which kicked off in 2015-16 (02
April 2019).
More...
In practice and courts
ALGA: New agricultural notice
The National Heavy Vehicle Regulator has commenced a
process seeking consent to a new National Class 1 Agricultural
Vehicle and Combination Mass and Dimension Exemption Notice.
Councils should have received an email outlining the consent
process along with an information pack. Due to this being a formal
consent process, a 28 day period exits for consent, ending on 5
April 2019. Further info can be found
here.
Queensland
OIA: Your social media and you guide
The Your Social Media and You guide outlines the
difference between a councillor's official, election and
private pages, how the Councillor Code of Conduct applies,
moderation of comments, and how to recognise and capture posts
which are public records. View Your Social Media and You guide
here and Queensland Councillor Social Media Community Guideline
here.
Department of Environment and Science Consultations:
Environmental offsets framework discussion paper
A
discussion paper on Queensland's environmental offsets
framework has been released by the State Government, aimed at
seeking community and industry feedback on the policy's
effectiveness. While the Environmental Offsets Act 2014 proposes to
simplify and regulate the offsets framework. The review is seeking
responses in relation to five key areas. Consultation on the
discussion paper closed on 15 April 2019.
More...
Sunshine Coast planning scheme amendment
Sunshine Coast Council has adopted the Sunshine Coast
Planning Scheme 2014 Amendment No. 18 – Site Specific
(Including SEQRP Bring Forward Sites) and Operational Matters,
which amends zoning, local plan provisions and associated mapping
in the Sunshine Coast region. . For more information visit the
Sunshine Coast Council's website here.
(10 April 2019).
More...
Place names current proposals and decisions - Comment on
a proposal
Job number 18-089: Banya, Bells Creek, Corbould Park, Gagalba,
Meridan Plains, Nirimba
Closing date for comments: 26 April 2019
Safer buildings combustible cladding checklist ticks
over to part 2
The Part 1 deadline elapsed on 29 March 2019, with some
buildings required to continue 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...
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. For further information on the Yeronga
PDA, click here .
Queensland's new waste management and resource
recovery strategy
A Community Summary has been developed to provide simple
actions to help Queenslanders reduce their own waste, boost
recycling and reduce the impact of rubbish in our natural
environment. The draft Waste Management and Resource Recovery
Strategy
here and the Community Summary
here are no longer open for public submissions.
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 events program: Funding rounds
2019
Each application must be for unique submissions and events
must be delivered on or before 31 December 2020. The deadline for
round one applications was 1 April 2019, with applicants notified
in May 2019. For more information on the Premier's Outback
Events Program and to apply for funding, please visit here.
NSW
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. The link
to the FAQs is
here.
Local character & place guideline
The Department of Planning and Environment has recently
released additional resources for Local Character which is
aimed at providing support and assistance to communities,
governments and the property industry by providing tools to enhance
the local character of neighbourhoods, including a guideline and
discussion paper. The Discussion Paper released for public comment
closed on 20 April 2019. Read more at the Local Character page
here.
Changes to housing SEPPs
Seniors Housing State Environmental Planning Policy – the
SEPP will not apply in heritage conservation areas in Greater
Sydney until 1 July 2020
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.
Cases
Queensland
Brisbane City Council v Amos
[2019] HCATrans 66
This appeal concerns the proper construction of the
Limitation of Actions Act (Qld) and in particular sections 10(1)(d)
and 26. Section 10(1)(d) provides for a six year limitation for
commencement of proceedings to recover a sum recoverable by virtue
of an enactment, and 26(1) provides a 12 year limitation for
commencement of proceedings: to recover a principal sum of money
secured by a mortgage or other charge on property
NSW
Lawrence v Inner West Council [2019]
NSWLEC 46
PRACTICE & PROCEDURE – Class 2 appeal against
order issued under Local Government Act 1993 requiring
repair of collapsed retaining wall on public land and claim for
compensation – application to amend Class 2 appeal –
amended application allowed including transfer of proceedings from
Class 2 to Class 3 – amendment of statement of facts and
contentions not allowed
Urbanesque Planning Pty Ltd v Ku-ring-gai
Council [2019] NSWLEC 1163
Modification of a development application: development
contributions, whether granting of consent for works on a
constrained residential block could be adjudged likely to increase
the demand for public amenities and public services, vacant lots,
remnant vegetation, environmental constraints
Rod Zoabi t/a ZTA Architects v Georges River
Council [2019] NSWLEC 1164
DEVELOPMENT APPLICATION: dual occupancy; bulk and scale;
streetscape; precedent; contamination; stormwater; accuracy of
survey levels
SNL Building Construction Pty Ltd v Lake Macquarie City
Council [2019] NSWLEC 1147
Development Application: mixed use development; proposed
addition to approved development; additional storey breaches height
of buildings development standard; is the Applicant's written
request under cl 4.6 of Lake Macquarie LEP well founded; is
compliance with the standard unreasonable or unnecessary; whether
the Applicant's environmental planning grounds are
sufficient.
Vortex Property Group (NSW) Pty Ltd v Georges River
Council [2019] NSWLEC 1153
DEVELOPMENT APPLICATION: compliance with density controls
for the Kogarah North Precinct –apartment design guide
– heritage – developer contributions –
contributions plan.
Codling v Central Coast Council
[2019] NSWLEC 1158
APPEAL: development application – mixed use
development in business park zone – shop top housing –
permissibility – whether there is compliance with a provision
limiting shop top housing – weight to be given to draft
clause in a draft consolidating local environmental plan –
consistency with zone objectives – conflict of residential
use with other permissible uses – consistency with the
development control plan
Summer Hill Village Pty Ltd v The
Valuer-General [2019] NSWLEC
1159
VALUATION OF LAND: conciliation conference –
agreement between the parties – orders
Brewster Murray Pty Ltd v Northern Beaches
Council [2019] NSWLEC 1152
DEVELOPMENT APPLICATION: seniors' housing development
comprising 40 residential units –consistency with the desired
future character of the locality – impact on ecological
values – flood affected land
Secretary, Department of Planning and Environment v
SingTel Optus Pty Ltd [2019] NSWLEC
44
ENVIRONMENT AND PLANNING: Prosecutions for failing to
disclose political donations – pleas of guilty entered
– sentencing principles – totality in sentencing
– moieties to the prosecutor – publication orders
– principles to apply – costs
Matthews v Strathfield Municipal Council
[2019] NSWLEC 1141
DEVELOPMENT APPLICATION: Torrens Title subdivision of
existing land of into two allotments –variation to minimum
lot size standard – whether cl 4.6 request should be upheld
– is the request reasonable and well founded – appeal
dismissed
Lizard Apple Pty Ltd v Inner West Council
[2019] NSWLEC 1146
DEVELOPMENT APPLICATION: boarding house in R2 zone –
weight to amending environmental planning instrument –
character compatibility – overshadowing –
reasonableness of restrictive covenant re-enforcing affordable
housing ambitions
Tweed Shire Council v Taylor
[2019] NSWLEC 45
CIVIL ENFORCEMENT – unlawful erection and use of a
building – appropriate order to remedy breach – whether
demolition of building appropriate – demolition ordered
Kelly v Randwick City Council
[2019] NSWLEC 43
COSTS - Class 1 merit appeal - application by successful
party for a costs order - "fair and reasonable" test in
the Land and Environment Court Rules 2007 - matters in favour of a
costs order balanced by matters weighing against such an order -
costs order refused - costs ordinarily follow the event on costs
applications - whether purported Calderbank offer provided basis to
award costs of costs application on an indemnity basis - no basis
to depart from award of costs on an ordinary basis - Respondent
awarded costs of costs motion – cap placed on the recoverable
costs of photocopying
Stokes v Waverley Council [2019]
NSWLEC 1137
DEVELOPMENT APPLICATION: owners consent; existing works on
adjoining land; dual occupancy; breach in FSR and height standards;
excessive excavation; structural integrity; non-compliance with FSR
and height.
Ozone Cronulla Pty Ltd v Sutherland Shire
Council [2019] NSWLEC 1133
DEVELOPMENT APPLICATION: Residential Flat Building –
view loss – external presentation – landscaping –
common open space – building separation
Debgar Holdings Pty Ltd v Wagga Wagga City
Council [2019] NSWLEC 1130
DEVELOPMENT APPLICATION: transitional group house;
resident objections concerning potential amenity and safety
impacts
Mod Urban Pty Ltd v Mid-Western Regional Council (No
2) [2019] NSWLEC 1140
JOINDER: application for joinder – statutory
tests
Young v Ballina Shire Council
[2019] NSWLEC 1131
APPEAL – modification application – whether
proposed development substantially the same – s 7.11
contributions – reasonableness of contributions
Hope No. 1 Pty Ltd v Blacktown City
Council [2019] NSWLEC 1121
DEVELOPMENT APPLICATION: New boarding house –
compatibility with character of the local area – car stacker
has inadequate clearance – whether parking rates should be
varied – appeal dismissed
Pesic v Sutherland Shire Council
[2019] NSWLEC 38
APPEAL – appeal from Local Court – appeal
against severity of sentence – appeal dismissed
Legislation
Privacy
Amendment (Protection of Australian Farms) Regulations
2019
05/04/2019 - These regulations amend the Privacy
Regulation 2013 to prescribe Aussie Farms Inc as an organisation
for the purposes of the Privacy Act 1988. Subsection 7(1A)
applies in relation to acts done, and practices engaged in, after
the commencement of the Privacy Amendment (Protection of Australian
Farms) Regulations 2019 (whether in relation to personal
information collected before or after that commencement).
Queensland
Vegetation
Management (Clearing for Relevant Purposes) Amendment Bill
2018
Stage reached: 2nd reading adjourned on 2/04/2019
Economic Development and Other Legislation Amendment Bill
2018
Stage reached: Passed with amendment on 2/04/2019
Assent Date: 11/04/2019 Act No: 11 of 2019 Commences: see Act for
details
An Act to amend the Biosecurity Act 2014, the Building
Act 1975, the Building Queensland Act 2015, the
Coastal Protection and Management Act 1995, the
Economic Development Act 2012, the Environmental
Protection Act 1994, the Exhibited Animals Act 2015,
the Housing Act 2003, the Land Valuation Act
2010, the Liquor Act 1992, the Neighbourhood
Disputes(Dividing Fences and Trees) Act 2011, the Planning
Act 2016, the Planning and Environment Court Act
2016, the Queensland Reconstruction Authority Act
2011, the Sanctuary Cove Resort Act 1985, the
South Bank Corporation Act 1989, the South-East
Queensland Water (Distribution and Retail Restructuring) Act
2009 and the legislation mentioned in schedule 1 for
particular purposes, and to repeal the Southern Moreton Bay
Islands Development Entitlements Protection Act 2004
Queensland Civil and Administrative Tribunal and Other Legislation
Amendment Bill 2018
Stage reached: Passed with amendment on 3/04/2019
Assent Date: 11/04/2019 Act No: 12 of 2019 Commences: by
Proclamation
Transport
Legislation (Road Safety and Other Matters) Amendment Bill
2019
Stage reached: 2nd reading to be moved on 5/04/2019
Subordinate legislation as made
No 45 Disaster Management (Extension of Far North Disaster District) Amendment Regulation 2019 05 April 2019 – Extension until 31 October 2019
No 46 Electrical Safety (Solar Farms) Amendment Regulation 2019 05 April 2019
No 47 Electrical Safety (Codes of Practice) and Other Legislation (Solar Farms) Amendment Notice 2019 09 April 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.