In the media
New resource for building resilience into infrastructure
and housing
A new guide to help local government infrastructure
managers choose suitably climate-resilient building materials has
been published. Though aimed primarily at NSW local governments and
developers, the guide will have national application as well,
according to Institution of Public Works Engineering Australasia
CEO David Jenkins (21 May 2021). More...
Delivery of Future Drought Fund programs now
underway
Regional drought resilience planning programs financed by
the Future Drought Fund have been launched in NSW, Queensland,
South Australia, and the ACT. These will bring together local
governments, regional organisations, communities, and industry to
prepare for future drought risks by developing regional drought
resilience plans (21 May 2021). More...
Federal government backs release of ERF funding for
mitigation
As well as recommending that funding from the ERF be
released as a matter of priority, the committee also said the
review into Disaster Recovery Funding Arrangements
(DRFA) should consider the need to streamline
application processes for DRFA assistance and provide additional
case management assistance for individuals, local and state and
territory governments during and following natural disaster (11 May
2021). More...
Budget invests in jobs and growth for Australia's
north
The 2021-22 budget will build on the government's
strong support for northern Australia by investing in job creating
projects, skills and infrastructure for the next phase of northern
development. Programs available to northern Australians
include $256 million for round six of the Building Better
Regions Fund and $22.7 million for round seven of the Stronger
Communities Program (12 May 2021). More...
Budget measures a timely boost for local
government's key role in jobs recovery
The ALGA has welcomed the Federal Government's
endorsement of the key role councils are playing in creating jobs
and supporting local communities by leading a locally led economic
recovery from the COVID pandemic (12 May 2021). More...
Other budget measures of interest for local
governments
Local governments provide a vast array of services,
functions, and amenities according to individual state government
legislative frameworks. The federal budget contains measures of
varying relevance to local governments, depending on their
jurisdiction or location (11 May 2021). More...
Budget 2021-22: What it means for the Local Government
sector
This year's federal budget further recognises local
government's essential role in supporting local communities,
employment and businesses. It also addresses many of the priority
issues that ALGA has been advocating and campaigning for over many
years (11 May 2021). More...
Budget pours $15b into infrastructure projects
ALGA said the budget addressed many of the issues it had
been advocating for many years. Local Government Professionals
Australia said the $1 billion injection under the Local Roads and
Community Infrastructure Program would empower local councils to
deliver local jobs and stimulus. Read the ALGA statement here (11 May 2021). More...
Victoria
Councils 'worse than banks' in dealing with
hardship
Ninety-seven per cent of Victorian councils use debt
collectors to chase overdue rates. Under Victorian laws, councils
have discretion to waive or defer rates in cases of hardship.
However, the Local Government Act doesn't define hardship,
leaving it up to councils to decide who qualifies (20 May 2021).
More...
MAV opinion editorial - unprecedented opportunity to fix
our building regulatory system
The release of the Framework for Reform discussion paper
by the Victorian Government's independent expert panel presents
the opportunity for a huge win for local communities. Significant
changes are required to the building regulatory system in Victoria
to improve community safety, address conflicts of interest, and
restore the capacity of local building departments (19 May 2021).
More...
Fears for future of Preston Market as apartment plan
looms
Preston Market could be redeveloped to make room for 2200
apartments under draft planning rules that Darebin council says
could wreck the 50-year-old "heartbeat of the local
community" (17 May 2021). More...
Delivering in Fishermans Bend
A $179.4 million funding package from the Victorian
Government will kick-start the Fishermans Bend Innovation Precinct,
with stage one being delivered by Development Victoria. This first
step will involve remediation of the 32-hectare GMH site - an area
equal to 15 MCGs - and the installation of crucial infrastructure
and services to make an investment-ready precinct (17 May 2021).
More...
Review of Victorian councils aims for 'cultural
improvement'
The Victorian Government will look at the "behaviour
and culture" of local councils with a view to strengthening
respect, integrity, and trust across the sector. The review will be
overseen by Local Government Victoria and will "be undertaken
by a research institute, academic or person with appropriate skills
and experience from the sector" (07 April 2021). More...
How two wind farms will become crucial to Victoria's
power plans
More than half of Victoria's local councils sign a
bold plan to source 45 per cent of the state's council
electricity from renewable energy (10 May 2021). More...
Queensland
Tamborine Mountain residents ponder merger with Gold
Coast
Tamborine Mountain residents will consider splitting from
the Scenic Rim Regional Council in a postal survey funded by its
local councillor (21 May 2021). More...
Brisbane City Council moves on 'visual
pollution' of unlimited election corflutes
The days of unlimited election corflutes festooning
Brisbane's streets are over after the council passed laws
reducing the number of signs permitted for electoral candidates.
The decision reversed a 2015 easing of restrictions that meant
candidates could have as many corflutes and signs on private
property as they wanted (20 May 2021). More...
Gold Coast Councillor Pauline Young resorts to personal
alarm after 'tree planting' threats
Cr Young said tree planting was not designed to
"destroy amenity" but to create shade for the entire
city, not just "locals living along Marine Parade". Over
the next financial year, council is expected to spend about $2.15
million on planting projects, with a further $1.45 million provided
by the federal government (19 May 2021). More...
More than half a million in grants to councils to
support the SES
From Georgetown to the Gold Coast, more than $586,000 in
grants have been provided by the Palaszczuk Government to councils
across Queensland to help them support their local SES groups (19
May 2021). More...
Come spend Friday in the city
The Property Council of Australia is delighted to announce
Fridays in the City, a joint initiative between the private sector
and Brisbane City Council. To attract city workers back to the
office on Fridays, building owners, managers and retailers will be
providing unique offerings, deals and activities in their buildings
throughout the campaign (20 May 2021). More...
Brisbane City Council reveals final locations of two
West End green bridges
The locations of two West End bridges, one to Toowong and
one to St Lucia, have been finalised (19 May 2021). More...
Spit $93.6 million proposal means hundreds more
jobs
Gold Coast will soon welcome an almost $94 million luxury
development, that will support more than 400 new jobs at the iconic
Southport Spit. The Deputy Premier and State Development Minister
will be working with the proponent and the City of Gold Coast to
ensure that this proposal adheres to the City of Gold Coast
Planning Scheme (18 May 2021). More...
Developer announced for $90m Gold Coast precinct
A $93.6-million mixed-use project for the centre of a
masterplanned redevelopment of one of the Gold Coast's most
controversial locations has been approved by the Gold Coast City
Council (18 May 2021). More...
Old Burleigh Theatre Arcade project approved,
last-minute requests rejected
A high-rise residential tower on the site of a historic
building in Burleigh Heads has been given the green light by
council, despite a late attempt to change the plans (18 May 2021).
More...
We're not out to get you: Council watchdog
Queensland's councillor conduct watchdog has responded
to concerns that its powers are being weaponised by detractors and
political opponents. Independent assessor Kathleen Florian
acknowledged that politicised or otherwise improper complaints are
sometimes lodged, but she said these get weeded out. Almost half of
the 2,713 complaints received since 2018 were not taken any
further, mainly because of lack of evidence, she said (17 May
2021). More...
Call for 'vulnerable' LG to become cyber-aware
and resilient
Local governments are being encouraged to partner with the
Australian Cyber Security Centre (ACSC) to improve
cyber resilience across the national economy. The ACSC is the lead
Commonwealth agency on efforts to enhance national cybersecurity
(14 May 2021). More...
Cth chips in $25m to build new repair facility at Rocky
airport
Rockhampton Regional Council's bid to lure Alliance
Airlines to its regional airport has been boosted with a $25
million Community Development Program grant. Tuesday's federal
budget committed $25 million (under the Community Development
Grants Program) towards the construction of a maintenance repair
and overhaul facility at Rockhampton airport for Alliance's use
(14 May 2021). More...
Cross River Rail requests more hours, more trucks for
CBD sites
Organisers of the multi-billion-dollar project want to put
up to 20 heavy trucks per hour through Brisbane's CBD on
Sundays, but council isn't happy (13 May 2011). More...
Budget investments welcomed by Queensland councils but
financial sustainability issue remains
Queensland councils will welcome the Morrison
Government's 2021-2022 budget and its recognition of essential
priorities, though long-term financial sustainability for councils
has not been addressed (12 May 2021). More...
Brisbane City Council gives derelict Lamb House site
permanent protection from development
The Kangaroo Point riverfront site of derelict
heritage-listed mansion Lamb House has been permanently protected
from development, with Brisbane City Council formally approving
planning legislation changes (11 May 2021). More...
LGAQ welcomes call for clarification of the Crime and
Corruption Commission's role
The Local Government Association of Queensland has
welcomed a call from the Clerk of the Queensland Parliament for the
role and responsibilities of the Crime and Corruption Commission to
be clarified, including whether it should be investigator, reporter
and prosecutor (10 May 2021). More...
In practice and courts
ALGA: Check out our policy team's analysis of the federal budget 2021-22 and what it means for local government. Read more here.
ALGA President's column - 11 May 2021
In the federal budget, local governments welcome that the
Morrison Federal Government has listened to ALGA's advocacy,
investing in local government in response to our calls for a
locally-led economic recovery for Australia. The federal budget
includes several wins for Australian councils and our communities,
including items listed here. Click here to read more.
Requirements on local governments
From 10 March 2021, all local governments must notify the
Minister for Foreign Affairs of a proposal to enter or negotiate a
foreign arrangement. If the arrangement is entered into, the
Minister must also be notified about the arrangement within 14
days. The Act requires all local governments to provide a
comprehensive list of all their existing foreign arrangements
(including non-binding arrangements) to DFAT by 10 June
2021. Registration of an arrangement is made via DFAT's
online portal accessible here. You can find more information on the
Scheme and the arrangements to which it applies on the DFAT website.
LGs eligible for environmental safe havens funding
Councils have been advised that they can apply for
Commonwealth grants to build safe havens for threatened native
wildlife species. Local government agencies/bodies can apply for
grants ranging from $500,000 up to $1.8 million. The cut-off for
grant applications is 11 January 2021, and projects eligible for
grants must be completed by 31 May 2023. Click here for more information.
ALGA National State of the Assets 2021
The online NSoA data collection form for your organisation
is available on the NAMS+ platform and is ready for you to
start entering your data for the NSoA report. ALGA is calling for
councils to be part of the 2021 National State of the Assets report
update.
Victoria
The 2021-22 Victorian state budget
Published: 20 May 2021 - the budget provides projections
of government revenue and expenditure for the following year, and
outlines services to be delivered. Note: $50 million for the
Growing Suburbs Fund (GSF) to continue to deliver
critical local infrastructure projects and community facilities
that support economic participation and recovery after the COVID-19
pandemic across Melbourne's interface councils and regional
Victoria's peri-urban shires, which are experiencing population
growth and changing demographics. Since 2015 the GSF has provided
more than $325 million towards 253 projects, creating more than
8,880 jobs. Learn more here.
Investigation into how local councils respond to
ratepayers in financial hardship
17 May 2021: Victorian Ombudsman. In recent years,
the Victorian Ombudsman has heard concerns from ratepayers,
financial counsellors and community lawyers about the way local
councils treat people who cannot afford their council rates. This
investigation focused on council hardship relief for homeowners
(ratepayers who cannot pay rates on their primary residence). Read
more here.
Victoria's draft 30-year infrastructure
strategy
We have released Victoria's draft 30-year infrastructure
strategy. Community consultation ended on February 26,
2021. The final 30-year infrastructure strategy will be presented
to the Victorian Government in mid-2021. To read the draft
strategy, or participate in community consultation opportunities
click here.
Gender impact assessments
It is important that councils are already thinking about
and preparing to meet their obligations under The Gender
Equality Act 2020 which came into effect from 31 March 2021.
Other key dates in 2021 are 30 June when councils must conduct
a workplace gender audit, and 31 October when
councils must submit a Gender Equality Action Plan, based on the
findings from their workplace gender audit. CGEPS is also planning
tailored sector-based workshops to be delivered by their panel of providers and is available to
answer your questions sent.
Living Libraries 2021
Councils can apply for grants of up to $1 million to
expand and modernise existing libraries, build new libraries or buy
new mobile library vans. For more information on Living Libraries
and this year's application guidelines click here.
Container deposit scheme
The MAV has welcomed the release of the Victorian
Government's consultation paper on the design of the
container deposit scheme (CDS). Following
significant advocacy from the MAV, councils, environment groups and
others, the state committed to introducing a CDS by 2023 as
part of its Recycling Victoria policy.
Smart Planning PPF translation update
Smart Planning continues to work with councils on their
Planning Policy Framework (PPF) translations. To
date, PPF translations have been gazetted for Murrindindi, French
Island and Sandstone Island, Glenelg, Moonee Valley, Golden Plains,
Southern Grampians and Colac-Otway. The PPF translation project is
time bound and all planning schemes must be translated by 30 June
2021. Information on preparing for your PPF translation is
available on the Smart Planning website.
Queensland
Insight: Office of the Independent Assessor quarterly
report
May 17, 2021 - figures in the latest insight report show
no action was required for 1331 of the 2,713 complaints lodged
between the OIA's establishment in December 2018 and 31 March
2021, while 805 matters became subject to an OIA investigation.
More on the OIA's example policy and councillor complaint
statistics can be found in Insight 9.
OIA Qld: Engagement with property developers
A comprehensive suite of documents is available to help
guide councillors' interactions with property developers and
others who submit their views on development matters (submitters).
They explain if, when, and how councillors can engage with
developers and submitters by stepping through the council approval
process. These include:
Example council policy councillor roles
in development matters
Guidance: Councillor roles in development
matters. A framework to accompany the example policy or be
used as a standalone guide.
Frequently asked questions (FAQs). The
FAQs explore some specific situations involving councillors and
property developers/submitters.
Click here to find out more.
City of the Gold Coast: Express DA service
As part of the City's economic support during COVID-19,
the City is offering a 50 per cent discount on express DAs for 12
months (from 27 October 2020 to 27 October 2021). Read more here.
Moreton Says survey
Moreton Bay Regional Council has released a series of
surveys to get insights about things that matter to the community.
This is an opportunity for those who live, work and play in the
Moreton Bay Region to share their views and experiences. The
Moreton Says survey, known as the Anchor survey, is now open and will close 13
June 2021.
PCA: New Sunshine Coast Planning Scheme
The changes are expected to align with newer state and
local planning policies including the South-East Queensland
Regional Plan which is set to be renewed next year. The new
planning scheme is expected to be delivered in 2024. The Sunshine
Coast Council has provided the following timeline for delivery of the new
scheme.
Rockhampton Regional Council expands development
incentives policy
Rockhampton Regional Council has expanded its development
incentives policy to include multi-residential unit developments
within close proximity to the CBD. The policy will apply to
DA's lodged between 1 January 2021 and 31 December 2021. For
more information, please click here.
Cases
Victoria
Launch No 7 Pty Ltd v Bayside
CC [2021] VCAT 499
Section 123 of the Victorian Civil and Administrative Tribunal Act
1998 - injunction - tribunal's own
initiative - serious question to be
tried - balance of convenience - lower risk of
injustice.
The 'invitation' by the Bayside City Council for the
tribunal to make an injunction on its own initiative preventing the
demolition of dwellings and removal of vegetation on 28 and 30
Service Street, Hampton is refused.
Save The Dandenongs League Inc &
Ors v Yarra Ranges SC [2021] VCAT
478
Buildings and works to replace a single dwelling on a lot.
Application under section 82 of the Planning and Environment Act
1987 - to review the decision to grant a permit.
Tsourounakis v Wyndham
CC [2021] VCAT 483
Section 77 of the Planning & Environment Act
1987 - Wyndham Planning Scheme - industrial
three zone - design and development overlay schedule
three - visual clutter - floodlit
signage - effectiveness of business identification
signage. No permit.
Citizen Outdoor Pty Ltd v Moonee Valley
CC [2021] VCAT 469
Application under section 77 of the Planning and Environment Act
1987 - to review the refusal to grant a permit. Electronic major
promotion sign.
Oakleigh One Pty Ltd v Monash
CC [2021] VCAT 475
Section 149 of the Planning and Environment Act
1987 - condition on subdivision permit requiring entry
into agreement for provision of water services - whether
the tribunal has jurisdiction to consider dispute in respect of the
entry into a water services agreement for stage 2 of the
subdivision.
Bernzerk Productions Pty Ltd v Yarra
CC [2021] VCAT 481
Section 80 of the Planning & Environment Act
1987 - Yarra Planning Scheme - commercial one
zone - conditions eight and 18, hours of
operation - hours for consumption of
liquor - place of
assembly - noise - Swan
Street - residential interface - traffic
generation.
Gersch v Mount Alexander
SC [2021] VCAT 463
Mount Alexander Planning Scheme - section 82 of the
Planning and Environment Act 1987 - public park and
recreation zone - telecommunications
facility - monopole - visual
impacts - social effects.
ALH Group Pty Ltd v Kingston
CC [2021] VCAT 459
Application under s77 of the Planning and Environment Act 1987.
Kingston Planning Scheme. Commercial two zone. Out-of-centre
proposal for supermarket and retail premises. Activity centre
policy. Impact on other activity centres. Net community
benefit.
Wilcox v Port Phillip
CC [2021] VCAT 456
The application for an enforcement order pursuant to section 114 of
the Planning and Environment Act 1987 is refused. The applicant
seeks an enforcement order by the tribunal in respect to breaches
of Planning Permit PLN1168/2015 issued by the responsible authority
on 4 August 2016 that allowed for the redevelopment of the Sacred
Heart Mission site in St Kilda.
Lucarano Pty Ltd v Monash
CC [2021] VCAT 443
Section 87 and 89 of the Planning and Environment Act
1987 - cancellation of planning
permit - section 64 of the Planning and Environment Act
1987 - section 57 of the Planning and Environment Act
1987 - section 145 of the Planning and Environment Act
1987 - giving of notice - presumption of
regularity.
Foundry Company Pty Ltd v Yarra
CC [2021] VCAT 426
Section 79 of the Planning and Environment Act
1987 - Yarra Planning Scheme - commercial two
zone - heritage overlay HO317 - design and
development overlay
DDO2 - offices - supermarket - food
and drink premises - building scale and
massing - traffic and parking impacts - views
to Landmark Shot Tower - residential
amenity - impact on neighbouring low-rise residential
area.
Newmarket Tavern Pty Ltd v Moonee
Valley CC [2021] VCAT
423
Section 80 of the Planning and Environment Act 1987; Moonee Valley
Planning Scheme; expansion of tavern and multi-level new
residential hotel; conditions in relation to hours of operation and
patron numbers.
Queensland
Williams v Brisbane City
Council [2021] QPEC
26
PLANNING AND ENVIRONMENT - APPEAL - appeal against refusal of a
code assessable development application for a preliminary approval
for building work to facilitate demolition of a pre-1947 house -
whether the subject house contributed to the traditional building
character of the part of the street within the traditional building
character overlay - whether demolition would result in loss of
traditional building character - where building set further back
from the street and at a lower elevation relative to the street
than the other buildings of traditional building character - where
main design features expressed to the river frontage, rather than
the street frontage - where potential views from the street to the
house limited and affected by long standing vegetation. Planning
Act 2016 Qld s 60.
Legislation
Bills
Northern Australia Infrastructure Facility
Amendment (Extension and Other Measures) Bill
2021
Senate 13/05/2021 - amends the Northern Australia
Infrastructure Facility Act 2016 to: Extend the investment time
period of the Northern Australia Infrastructure Facility
(NAIF) by five years to 30 June 2026; expand the
functions of the NAIF to include the provision of financial
assistance to projects that contribute to Northern Australia's
economic and population growth; and amend certain governance and
administrative processes of the NAIF.
Victoria
Statutory Rules
No 44 Forests (Recreation) (Temporary) Regulations
2021
18 May 2021 - these regulations came into operation on 24
May 2021.
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.
