In the media
Local governments can boost housing supply and address
affordability, a key expert says
Changing planning strategies to build more new homes in
sought-after areas of major cities would have a bigger impact on
affordability than introducing a national housing strategy,
according to Grattan Institute fellow Brendan Coates (05 June
2019).
More...
New dams and pipelines 'urgently needed', says
local government as NSW water supplies run drastically low
With towns across New South Wales at risk of running out
of water within months, there are renewed calls for an urgent
upgrade of water storage infrastructure. Linda Scott, president of
Local Government NSW said councils need more help from State and
Federal Governments to secure water supplies (03 June 2019).
More...
Telstra gets bad call from ACMA
Chair of ACMA, Nerida O'Loughlin said the rules,
outlined in the Mobile Phone Base Station Deployment Industry Code,
were designed to make sure telcos provided local councils and
communities with an opportunity to have their say before setting up
mobile phone infrastructure (30 May 2019).
More...
Local Government Super commits to net zero
emissions
Local Government Super is taking its portfolio to net zero
operating carbon emissions by 2030 and pushing for all building
stock to be net zero by 2050 (28 May 2019).
More...
NSW
Amalgamated councils win time to harmonise rates
Introducing amendments to the Local Government Act into
parliament on June 4, Ms Hancock said councils would have more time
to consult with communities over changes to rates arising from the
harmonisation process with an extension until after the 2020 local
government elections (07 June 2019).
More...
Smart city strategies pay off for Newcastle,
Prospect
Newcastle and Prospect councils have been crowned the
nation's top smart metropolitan cities (03 June 2019).
More...
Victoria
If it's voluntary for developers to make affordable
housing deals with councils, what can you expect
In contrast, the state of Victoria has very few
regulations that encourage or enforce affordable housing or other
community benefits in return for development permissions.
Victoria's plan for negotiations Local councils can now ask for
affordable housing as part of planning approval processes (07 June
2019).
More...
Melbourne population boom outstrips transport
Melbourne's public transport services have failed to
keep up with booming population growth, according to an analysis of
two decades of state government data, with public transport service
levels which have plummeted since 2012 (06 June 2019).
More...
Plan to link and protect Melbourne's urban
forests
A bold new plan to improve the connectivity and extent of
greater Melbourne's urban forests has been launched to mark
World Environment Day 2019. Living Melbourne has been formally
endorsed by 41 organisations, including the City of Melbourne (05
June 2019).
More...
Supporting regional and rural councils
Minister for Local Government Adem Somyurek tabled the
Labor Government's response to the Parliamentary Inquiry into
the Sustainability and Operational Challenges of Victoria's
Rural and Regional Councils and provided an update on the inquiry
into the rating system (04 June 2019).
More... More...
Strengthening Victoria's recycling industry
The Andrews Labor Government is tackling the challenges
facing the recycling industry and helping to reduce plastic
pollution with a new $34.9 million package of recycling reforms.
The package will provide support to Victorian councils when it
comes to negotiating new contracts for recycling services (02 June
2019).
More...
Big infrastructure spend fails to deliver for our
recycling system
Cr Coral Ross, MAV President said while councils and
communities will be rightfully disappointed about the State's
under investment in recycling, they will welcome the significant
spend on transport systems and a new State-funded three-year-old
kindergarten program (27 May 2019).
More...
Vic budget's $3m to fight council corruption
The Victorian Government has handed the state's
council integrity watchdog more than $3 million dollars as it deals
with a growing number of complaints. The Local Government
Inspectorate has experienced an 11 per cent spike in complaints (27
May 2019).
More...
In Practice and Courts
ALGA: National Local Government Cultural Forum –
Final report
While the diversity of cultural, social, economic and
environmental factors makes it hard to conceive of local government
cultural development as a 'sector', all art and cultural
activity delivered by councils, carry similar intentions and
challenges (04 June 2019).
More...
ALGA: New briefing documents on street lighting
systems
The IPWEA has released a series of short briefs about the
latest changes in street lighting systems for councils, road
authorities and other decision-makers. The documents, which are
downloadable here,
are in addition to the Model
Business Case for Street Lighting and Smart Controls Upgrades
the IPWEA released recently (07 June 2019).
More...
Productivity commission: National transport regulatory
reform paper
This seeks feedback as it assesses transport reforms since
an agreement was reached at the Council of Australian Governments
(COAG) in 2009. National laws and regulations
would replace state-specific laws, regulations and regulators and
intergovernmental agreements about these were signed in 2011.
Submissions close 28 June. More...
Help shape the national disability strategy beyond
2020
Australian governments are asking people to help shape the
future of Australian disability policy for 2020 and beyond. The
first stage of consultation is from April to June 2019. Councils
are encouraged to promote engagement in these consultations within
their local communities.
More...
The 2019 Asia Pacific Cities Summit and Mayors'
Forum
The 2019
Asia Pacific Cities Summit (2019 APCS) and Mayors' Forum
returns to Brisbane from 7-10 July. For Mayors, city leaders,
policy makers, CEOs, urban planners, and other business, industry
and emerging leaders.
National General Assembly 2019
This year's National General Assembly of Local
Government has been held in Canberra this month. This assembly
considered what councils can do to get ready for the challenges,
opportunities and changes that lie ahead. 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
EPA: Proposed changes to the regulation of Underground
Petroleum Storage Systems (UPSS)
The EPA is consulting on the draft UPSS Regulation 2019
and seeking submissions. Feedback can be provided through the EPA
consultation portal
here until 14 June 2019. The regulatory responsibility will be
transferred to local councils on 1 September 2019.
More...
IPART: NSW valuer general's final prices for
valuation services to councils
IPART has released its final decision on the maximum
prices that the Valuer General can charge NSW councils for land
valuation services over the next six years from 1 July 2019 to 30
June 2025 (28 May 2019).
More...
Community participation plan updated FAQs
The Environmental Planning and Assessment Act
1979 has been updated to make community participation central
to the planning system. Supporting this objective is a new measure
requiring all public authorities that have planning functions under
the EP&A Act, including councils, to develop community
participation plan (CPP). CPPs must be finalised
and published on the ePlanning portal by 1 December 2019.
More...
Current LEP Proposals from 31 May 2019
Amendment to SEPP (Sydney Region Growth Centres) 2006 -
Reclassification of 15Z Nelson Road, Box Hill
Queensland
LGAQ: Resource recovery roadmap and action plan - have
your say
The draft Queensland Resource Recovery Industries 10-Year
Roadmap and Action Plan has been released for public consultation.
Please provide comment to the LGAQ submission by Monday, 10th June
2019.
More...
Draft North West Queensland economic diversification
strategy: Consultation
The draft outlines a number of diversification initiatives
to create jobs across the key economic drivers of resources,
agriculture, tourism, and broader business and industry.
Consultation closes Friday 26 July (30 May 2019).
More...
Local Government Bulletins 2019
02/19 Increase in the value of a penalty unit
The purpose of this bulletin is to inform local governments
that:
the value of a penalty unit for most offences under state
legislation will increase to $133.45 effective from 1 July 2019,
and the value of a local law penalty unit for most local
governments will also increase to $133.45 effective from 1 July
2019.
Latest round of Nature Refuge landholder grants now
open
Queensland's Nature Refuge landholders will be able to
apply for grants of up to $10,000 to support their invaluable work
maintaining nature refuges on their properties (24 May 2019).
More...
Medicines and poisons consultation
The draft Medicines and Poisons Bill 2019 and associated
regulations were introduced into Parliament Thursday 18 May. The
purpose of the Bill is to repeal and replace existing legislation
with a new regulatory framework comprising the Bill, and the
associated draft regulations and their explanatory notes that were
tabled at the same time as the Bill. Submissions closed on 5 June
2019.
Current programs
2019–21 Local Government Grants and Subsidies Program
(LGGSP)
The 2019–21 Local Government Grants and Subsidies Program
(LGGSP) aims to support Local Governments to
deliver priority infrastructure and essential services that meet
the identified needs of their communities.
2019–21 Works for Queensland Program (W4Q)
As part of the 2019–21 funding round, a further $200 million
has been approved for allocations to 65 Councils, with the initial
payment of $100 million to be released by 30 June 2019 as part of
the early program release to ensure job continuity and thriving
communities.
The rest of the $100 million W4Q funding will be released post June
2019 for Council projects to be completed by June 2021 in line with
the Funding Deed of Agreement.
Waste levy legislation
The Queensland Government is developing a new
waste management and resource recovery strategy and will be
underpinned by the waste levy. The provisions will be added to the
existing
Waste Reduction and Recycling Act 2011 on commencement
on 1 July 2019. The provisions will be added to the existing
Waste Reduction and Recycling Regulation 2011 on commencement
on 1 July 2019. The new levy laws allow eligible organisations to
apply for exemptions and discounts from the levy, as well as
require other administrative notifications and declarations.
More...
Important changes to waste-related ERAs
The
Environmental Protection (Waste ERA Framework) Amendment Regulation
2018 introduces a number of changes to waste-related
environmentally relevant activities (ERAs) in the
Environmental Protection Regulation 2008. One of these changes is
the introduction of a new schedule of waste-related ERAs. Existing
waste ERAs will be transitioned to the new waste ERAs after July
2019.
NOTE: The department has developed an
online tool to assist holders of waste-related ERAs transition
to the new schedule of ERAs.
Note: Safer Buildings: Parts 2 and 3a deadlines
extended
Bodies corporate and building owners across Queensland
have been given additional time to complete Parts 2 and 3a of the
Safer Buildings combustible cladding checklist. The new deadlines
will be as follows:
Part 2: extended from 29 May 2019 to 31 July 2019
Part 3a: extended from 27 August 2019 to 31 October 2019.
More...
LGAQ: Information sessions - Changes to Queensland's
plumbing and drainage laws
Queensland's new plumbing and drainage laws will
commence on 1 July 2019, including the
Plumbing and Drainage Act 2018.The Department of
Housing and Public Works will be holding information sessions
across Queensland during April-June 2019 about the upcoming changes
and local government staff are encouraged to attend.
More...
Cases
NSW
MidCoast Council Water Services Agreement
2019 [2019] NSWIRComm
1034
Industrial dispute – collaborative employee
relations – enterprise agreement - agreement approved
Trustees of the Marist Fathers for the Province of
Australia v Hunters Hill Council [2019]
NSWLEC 1255
DEVELOPMENT APPLICATION–Subdivision of St Peter
Chanel Church land – whether the site is suitable for the
proposed development – assessment of visual impact - whether
the development has an adverse heritage impact – appeal
dismissed
Architecture Design Studio Pty Ltd v Fairfield City
Council [2019] NSWLEC
1253
DEVELOPMENT APPLICATION – place of public worship
(mosque) and community centre – uses currently operating
– parking availability – proportion of parking that
should be on-site and on-street – objections based on impact
of parking on nearby businesses and in street – proposed cap
on numbers – DCP interpretation to determine required parking
rate – plan of management
RebelMH Neutral Bay Pty Limited v North Sydney
Council [2019] NSWCA
130
APPEAL – appeal against Land and Environment Court
judge's decision to refuse development application –
proposed development contravened height development standard
– judge not satisfied cl 4.6 request justified contravention
– judge not satisfied development consistent with objectives
of standard – whether misdirection as to cl 4.6 and
objectives of standard – whether denial of procedural
fairness by not giving amber light approach
Vella v Penrith City Council
[2019] NSWLEC 1247
DEVELOPMENT APPLICATION – 45 place child care centre
– adequacy of outdoor play space for child development
– noise impact
ZTA Group Pty Ltd v Canterbury-Bankstown
Council [2019] NSWLEC
1248
DEVELOPMENT APPLICATION – Torrens title subdivision
– attached dual occupancy dwellings – minimum lot size
- front building line width – cl 4.6 variation request
–amenity – solar access building orientation
Boensch v City of Parramatta Council
[2019] NSWLEC 1249
INTERLOCUTORY APPLICATION – application to set aside
a Notice to Produce to the Court – relevance – whether
legitimate forensic purpose – whether documents sought will
materially assist in the identified issue – Notice to Produce
unacceptably broad – only some documents would assist
Blacktown City Council v Nitopi
[2019] NSWLEC 40
CONTEMPT - operate waste or resource transfer station
without development consent - Class 4 proceedings commenced by
Council to restrain unlawful use - consent orders to resolve
proceedings - undertaking to remove at least half of the 2,600
cubic metres of waste on the site by 31 December 2017 - no waste
removed by that date - no waste removed by 31 March 2018 when
second undertaking subsumed the effect of the undertaking to remove
half the waste - serious criminal activity directed at the
Respondent - impact on Respondent significant ameliorating factor -
perpetrators arrested in early February 2018 - no reasonable excuse
after that time for failure to remove waste - Respondent pleaded
guilty but not at the earliest occasion - consideration of the
Respondent's subjective circumstances - fine appropriate for
breach of first undertaking - Respondent fined $5,400 CONTEMPT -
operate waste or resource transfer station without development
consent - Class 4 proceedings commenced by Council to restrain
unlawful use - consent orders to resolve proceedings - undertaking
to remove all of the waste from the site by 31 March 2018 - no
waste removed by that date - Respondent relocated to Queensland -
relocation said by Respondent to be on the advice of the New South
Wales Police - evidence from nominated police officer that no such
advice was given - Respondent continued to run a range of business
interests while relocated in Queensland - Respondent visited Sydney
during period of relocation - no steps taken to commence waste
removal process until after commencement of contempt proceedings -
waste removal processors supervised by the Respondent personally in
order to minimise costs of removal - removal staged to avoid
transport of wet material - substantial additional cost savings
achieved - during period of waste removal activities, Respondent
travelled overseas on business - consideration of Respondent's
subjective circumstances - plea of guilty but not on the earliest
occasion - serious, wilful contempt by breach of undertaking to
remove the entirety of the waste by 31 March 2018 - specific
deterrence needed under the circumstances in addition to general
deterrence - substantial fine warranted - Respondent find $72,000
COSTS - Applicant seeks costs on indemnity basis - Respondent
proposes that costs should be on an ordinary basis - Applicant
public authority seeking to enforce the planning law -
Respondent's contempt serious and wilful - customary position
that, in such circumstances, Applicant would be awarded costs on
the indemnity basis - no valid reason to depart from that position
- Respondent ordered to pay the Applicant's costs on the
indemnity basis.
SHH Ltd v City of Parramatta Council; SHH Ltd v City of
Parramatta Council [2019] NSWCATAP
131
LEASES AND TENANCIES – retail and commercial
tenancies legislation - licence by second respondent to first
respondent of land for temporary purposes – first respondent
entering into sub-licence with appellant – head licence
terminated – notice given to terminate sub-licence –
appellant claiming to have rights to remain in occupation -
appellant alleging that the sub-licence did not contain all the
relevant provisions – no evidence to support contention
– whether mediation was required – whether dispute
resolution process was required before orders for termination of
sub-licence could be made – appellant claiming that the
sub-licence constituted a retail shop lease under the Retail Leases
Act – sub-licence capable of comprising a retail shop lease
as defined – permitted use under sub-licence did not
constitute a use contained in Schedule 1 of the Retail Leases Act
– termination of sub-licence valid.
Jacobs v Waverley Council [2019]
NSWLEC 1232
DEVELOPMENT APPLICATION – secondary dwelling –
affordable rental accommodation – FSR breach – whether
sufficient environmental planning grounds for contravention of
development standard – whether and to what extent context
compatibility an environmental planning ground
Visionary Investment Group Pty Ltd v Wollongong City
Council [2019] NSWLEC
1234
DEVELOPMENT APPLICATION – subdivision –
community title – owner's consent – golf course
– contamination – streambank stabilisation –
availability of water and wastewater infrastructure –
assessment of off-site impacts – Grampian condition
Queensland
Geldard v Western Downs Regional Council (No.
2) [2019] QLC 24
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
– DISCOVERY AND INTERROGATORIES – DISCOVERY AND
INSPECTION OF DOCUMENTS – PRODUCTION AND INSPECTION OF
DOCUMENTS – GENERAL MATTERS – GENERAL PRINCIPLES
– where land owner appeals against decision of local
authority on the land owners objection to a rating category for the
land – where the appellant sought disclosure of documents
relating to the reclassification of a neighbour property –
where the appellant sought disclosure of documents relating to the
respondent council's decision making process for the subject
property
Local Government Regulation 2012 Qld s 93
Uniform Civil Procedure Rules 1999 Qld r 211
Kelsey v Logan City Council & Ors (No.7)
[2019] QIRC 85
INDUSTRIAL LAW – PUBLIC INTEREST DISCLOSURE –
PROCEDURE – COMMISSION PROCEDURE – PRACTICE UNDER
TRIBUNAL RULES – STAYING PROCEEDINGS – where Second to
Ninth Respondents have been criminally charged – where
criminal proceedings not yet determined – whether commission
proceedings should be stayed until disposal of criminal proceedings
determined
In the making of the Rockhampton Regional Council External
Employees Certified Agreement 2018 [2019]
QIRC 77
INDUSTRIAL LAW – COLLECTIVE BARGAINING –
Application for certification of an agreement – Requirements
for certification – Agreement certified
Legislation
NSW
Bills introduced
Government – 04 June 2019
Local Government Amendment Bill 2019
An Act to amend the Local Government Act 1993 with respect
to rates, tendering requirements, election planning, mutual
recognition of approvals and other regulatory matters; and for
other purposes. The bill also removes some limits on local
government procurement and allows more opportunities for councils
to share regulatory services and staff across borders
Non-Government – 07 June 2019
Crown Land Management Amendment (Reservation and Vesting of Crown
Land) Bill 2019
Environmental Planning Instruments
State
Environmental Planning Policy (Infrastructure) Amendment (Water and
Emergency Services Facilities) 2019 (2019-224) —
published LW 31 May 2019
State Environmental Planning Policy (State and Regional Development) Amendment (Inland Rail—Narrabri to North Star Project) 2019 (2019-225) — published LW 31 May 2019
Queensland
Bills Progress
Electoral
Legislation (Political Donations) Amendment Bill 2018
Stage reached: 2nd reading adjourned on 14/05/2019 Status:
Resumption of second reading debate 11 June 2019 - Part 3 Amendment
of Local Government Electoral Act 2011- Amendment of s 106
(Definitions for part)Section 106—insert—political
donation- prohibited corporate donor, for division 1A, see section
113A
Local Government Electoral (Implementing Stage 2 of Belcarra) and
Other Legislation Amendment Bill 2019
Economics and Governance Committee. Report by 21 June 2019
An Act to amend the City of Brisbane Act 2010, the
Local Government Act 2009, the Local Government
Electoral Act 2011, the Referendums Act 1997 and the
Right to Information Act 2009
The Bill requires all candidates at Local Government elections,
including sitting Councillors, to undertake training as a condition
of their nomination and mandates full preferential voting for
mayoral and single councillor elections, to be effective for the
2020 local government election.
Electoral and Other Legislation Amendment Bill 2019
Economics and Governance Committee. Report by 21 June 2019
Implements recommendations from the Crime and Corruption
Commission's Operation Belcarra: A blueprint for integrity and
addressing corruption risk in local government and makes
operational improvements to the State's electoral system by
implementing the Government's response to A review of the
conduct of the 2016 local government elections, the referendum and
the Toowoomba South by-election (Soorley report).
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.