In the media
Commonwealth
New COVID support welcomed, now vaccinations must be
expedited: ALGA
A federal government commitment to extend the support
package to any other state or territory that experiences an
extended lockdown has also been welcomed by ALGA. Cr Scott said
other opportunities to expand local government's role in
administering vaccines were being overlooked because the sector has
been excluded from National Cabinet (16 July 2021).
More...
National asbestos management: What it means for LG
The National Strategic Plan for Asbestos Awareness and
Management 2019-23 establishes a framework for all levels of
government to work together to effectively deal with the harmful
legacy of asbestos in homes, workplaces, and the environment (09
July 2021).
More...
Strategic LG asset assessments project moving to phase
2
Local government road managers will be able to assess up
to 1000 bridges, roads and culverts after a $12.1 million funding
announcement this week. The new Commonwealth money will go to
support a second phase of the Strategic Local Government Asset
Assessment Project (09 July 2021).
More...
Cth bushfires grants program open to disaster-declared
LGAs
Communities in areas badly impacted by the 2019-20 Black
Summer bushfires can apply for a share of a new $280 million
federal grants program. The Black Summer Bushfire Recovery Grants
program is prioritising recovery and resilience projects, and has
been enabled by a lower-than-expected take-up of programs under the
$2 billion National Bushfire Recovery Fund (09 July 2021).
More...
Feedback sought on draft Australia New Zealand digital
twin blueprint
Moves to see a thriving digital twin marketplace across
Australia and New Zealand were revealed with the release of a draft
blueprint, stewarded by the Smart Cities Council, across all levels
of government (09 July 2021).
More...
Academics say education is key to designing better
cities for the future
With the majority of Australia's population now living
in a capital city, the liveability and resilience of these
communities depends on the technical and creative skills of
today's emerging urban planners and designers (05 July 2021).
More...
Victoria
Cat owners might have to confine pets at all times as
council overhauls animal laws
Domestic cats could be forced to live inside all the time
as the City of Greater Bendigo overhauls its domestic animal laws
(09 July 2021).
More...
Council adopts amended community local law
Baw Baw Shire Council has adopted the amended Community
Local Law 2016 in accordance with the Local Government Act 2020 (15
July 2021).
More...
Council appoints Community Advisory Group
A representative group of 18 community members has been
appointed to the Shaping Central Goldfields Community Advisory
Group. The group has been established to help inform Shaping
Central Goldfields – a project to deliver a series of
strategic documents including the community vision, council plan
and the financial plan (14 July 2021).
More...
NSW
NSW councils to oppose rule changes to infrastructure
contributions
Local Government NSW will oppose infrastructure
contribution rule changes that threaten to defer and reduce
critical developer payments to councils at a Parliamentary inquiry
this week (16 July 2021).
More...
Government promises $5 billion COVID funding following
councils' calls for support
NSW councils have welcomed this week's state and
federal government's announcement of a $5.1 billion COVID
economic support package following calls from Local Government NSW
for urgent financial assistance for businesses and individuals
during the latest lockdown (15 July 2021).
More...
More funding support for coastal councils now open
The latest round of funding under the NSW Government's
Coastal and Estuary Grants Program is now open with more
opportunities for councils to protect their local beaches and
coastal wetlands (15 July 2021).
More...
Building Commissioner audits high risk apartments
The UNSW City Futures Research centre two research
projects, looking at building quality issues in the multi-unit
housing sector, found 600 apartment blocks in City of Sydney,
Parramatta and Canterbury Bankstown LGAs had an 83 per cent defect
rate (15 July 2021).
More...
Councils get $350k in trial to cut planning assessment
times
Thirteen NSW councils have been selected to pilot a $4.5
million project to speed up large developments. As part of the
trial, 13 NSW councils have been given $350,000 each to speed up
assessment times for regionally significant developments (12 July
2021).
More...
Local Government preparing for all contingencies for
September elections
Councils are gearing up to help guarantee NSW voters have
their say while staying COVID-safe in the September local
government elections, Local Government NSW said this week (12 July
2021).
More...
Queensland
'300 trucks a day': Residents say quarry traffic
affecting their physical, mental health
Noosa Shire Council is considering legal action against a
quarry operator after issuing the company with $160,000 in fines,
as residents say truck traffic is ruining their lives (17 July
2021).
More...
Have your say on the future of Queensland's stock
routes
Farmers, councils, industry groups and outback locals are
invited to have their say on proposed changes to the use and
management of Queensland's vital stock routes, to ensure they
are well maintained into the future (16 July 2021). More...
Extraordinary assistance for Southern Downs primary
producers
The Australian Government is committed to providing
support to the communities facing ongoing challenges as a result of
the 2019 monsoon event. Minister for Emergency Management said the
DRFA assistance was in addition to the freight subsidies and
concessional loans support already available in the Southern Downs
local government area (16 July 2021). More...
Queensland deputy mayor guilty of misconduct
A former deputy mayor of a far north Queensland council
has been found to have engaged in misconduct during his time in
office. Wayne Kimberly was investigated by the Councillor Conduct
Tribunal, which found he failed to declare a conflict of interest
when voting at a Cassowary Coast Regional Council meeting (16 July
2021).
More...
Queensland and federal governments settle on their RMF
commitments
The Federal and Queensland Governments have agreed to
invest $20 million each in the Recycling Modernisation Fund
(RMF). With Queensland industry set to match that
$40 million amount, there will be combined $80 million available
through the RMF to fund new plastic, glass and tyre recycling
infrastructure upgrades across the state (15 July 2021).
More...
Queensland resources communities to get $100 million
infrastructure boost
Queensland's resource communities can apply for
funding for infrastructure projects that will benefit the community
and the regional workers and their families that live in those
communities. Not-for-profit organisations and local governments in
resource communities are now able to apply for between $100,000 and
$8 million for infrastructure projects that will benefit their
communities. Note: The first funding announcements for the $100
million fund are expected to be made in late 2021. The Fund's
Applicant Guidelines are available
here (13 July 2021).
More...
Brisbane's flood map updated, changing the flood
levels of tens of thousands of properties
Independent councillor Nicole Johnston has questioned why
the council updated flood mapping without citywide notification (06
July 2021).
More...
In practice and courts
Commonwealth
State Statistical Bulletin 2020
Gregory O'Brien, Statistics and Mapping: 1 July 2021.
This paper, a companion to the Monthly Statistical Bulletin
published by the Parliamentary Library, provides tables and charts
for a broad range of social, demographic and economic indicators
across all Australian states and territories, and compares these
with Australian averages. Read more
here.
NBN Co releases guidelines for Regional Co-Investment
Fund
Local governments are being invited to apply to take part
in NBN Co's $300 million Regional Co-investment Fund. Several
activities will not be eligible under the fund, including projects
that target fewer than 50 premises or are under $500K total build
cost. Please review
the guidelines to determine eligibility, and contact a local
NBN representative for more information. The closing date for
applications is 18 February 2022, with first build estimate
requests required no later than 1 October 2021.
Guidelines released for Black Summer Bushfire Recovery
Grants Program
The guidelines for the Black Summer Bushfire Recovery
Grants are available on the Business Grants Hub
website. The Grants Program supports the recovery efforts of
communities in eligible Local Government Areas affected by the
2019–20 bushfires. Applications for the program will be open
for submission on 22 July 2021 and close on 2 September 2021.
For more information on the BSBR grants and the
applicant support workshops, head to the National Recovery and
Resilience Agency's website.
Victoria
Determination of allowances for Mayors, Deputy Mayors
and Councillors
The Victorian Independent Remuneration Tribunal would like
to hear your views about allowances payable to Mayors, Deputy
Mayors and Councillors and allowance categories. The Determination
will take effect from 18 December 2021. Make a written submission
to the Tribunal in relation to the Determination, please email the
Tribunal Secretariat at
localgovernment@remunerationtribunal.vic.gov.au before 16
August 2021. Submissions opened 5 July 2021
here.
Integrating environment protection reform into land use
planning – amendment VC203
With the commencement of new
environment protection legislation on 1 July 2021 the Victorian
Planning System has been updated to integrate environment
protection reforms into land use planning. Planning scheme
amendment VC203 aligns the Victoria Planning Provisions with the
Environment Protection Act 2017 to enable greater prevention and
mitigation of risks to human health and the environment (01 July
2021).
Twenty-eight councils collaborate on joint ESD
project
The Elevating Targets Working Group, comprising officers
from CASBE, Yarra, Moreland and Port Phillip City Councils and
Mitchell Shire Council will manage the project on behalf of the
twenty-eight participating councils. The MAV will run the tender
process, anticipated to start July 2021. More information about the
project can be found here (01
July 2021).
Regional Jobs & Infrastructure Fund 2021
The second round is open until 30 July and enables
councils to seek up to $3 million for projects important to their
communities. Information and guidelines for the
Regional Jobs and Infrastructure Fund can be found
here.
Supporting more regional Victorian events and
festivals
A new fund to support regional Victoria's vibrant and
diverse calendar of events and festivals has been launched by the
State Government. The $1 million Regional Community Events Fund
will support regional events that attract up to 1000 people.
Eligible applicants will include all local regional and rural
councils, public event organisers, and direct venue operators. More
information can be found here
(15 July 2021).
TAC Local Government Grants
Guidelines for the Local Government Grants are now available. The
grants round opened on June 21 at 9am and closes on July 28. The
focus of this year's program is on local road safety analysis
and infrastructure projects that prioritise the safety of
pedestrians and cyclists while considering the Safe System
principles. For all application details including how to apply and
who is eligible to apply, please follow the
link.
Black Summer Bushfire Recovery Grants program
The grants will be open to people in local government
areas that were disaster declared after the 2019–20
bushfires, with full details to be available as part of grant
guidelines in mid-2021. Guidelines and funding criteria will be
available in July 2021 with applications expected to open shortly
after. Funding will go to successful applicants from December 2021.
For more information, click
here.
Investment Fast Track Fund 2021: Second round
Part of the Regional Jobs and Infrastructure Fund, the
stimulus round aims to create jobs by funding priority community
projects that can be activated quickly, helping regions to recover
and thrive. Applications for the second round of the Regional
Infrastructure Fund's 2020/21 program opened on 16 June.
Information and guidelines for the Regional Jobs and Infrastructure
Fund can be found
here.
NSW
Digital mapping of EPIs to replace PDF maps
Work has begun with select councils to ensure the digital
mapping solution meets the needs of stakeholders Read more
here (05 July 2021).
Feedback sought on Regional Roads Transfer
LGNSW has been invited by the Independent Panel conducting
the Road Classification and Regional Road Transfer Review to
provide further feedback in relation to the
Terms of Reference on behalf of councils. Please provide any
feedback you may have to Sanjiv Sathiah, Senior Policy Officer,
Infrastructure and Finance via email by COB
28 July 2021.
Review of the rate peg to include population
growth
IPART is seeking feedback and submissions from the public
on the review of the rate peg methodology to include population
growth. Consultation ends September 2021. The rate peg is based on
the annual change in the Local Government Cost Index. Read more
here.
LGNSW submissions
Parliamentary inquiry into the Infrastructure Contributions Bill
2021
Portfolio Committee 7 of NSW Parliament – July 2021.
OLG circulars
21–17 Council decision-making prior to the
September 2021 local government elections
7/8 July 2021/A755930. Previous Circular 21–12.
"Electoral matter" and use of council resources prior to
local government elections. Read more
here.
Reminder: 21–01 transitioning back to in-person
council and committee meetings and consultation on proposed changes
allowing remote attendance at meetings
The Regulation will be amended while OLG consults on the
proposed amendments to the Model Meeting Code to allow councils to
give approval for individual (but not all) councillors to attend
meetings remotely. The amendments will be temporary and will expire
on 31 December 2021. Read more
here.
Queensland
Insight
Insight is a quarterly report on the work of the Office of
the Independent Assessor in the management and outcomes of
councillor conduct complaints in Queensland. It contains complaints
data, trends, issues and case studies and is published in the
interests of transparency and accountability. Read the
09 July 2021 Insight Edition 8.
Works for Queensland projects across the region
The Works for Queensland program supports regional
councils to undertake job-creating maintenance and minor
infrastructure projects such as parks and playgrounds, community
and sports facilities, swimming pools and water play areas,
renewable energy initiatives, footpaths, roads and water
infrastructure. A further $200 million committed for 2024–27.
For more information visit
Works for Queensland.
Cases
Sailor on behalf of the Wangkamahdla People v State of
Queensland [2021] FCA
790
NATIVE TITLE – application for consent determination
of native title in part of the claim area under s 87A of the Native
Title Act 1993 (Cth) – whether the parties have satisfied the
criteria set out in s 87A – whether it is appropriate for the
Court to make an order in terms of the agreement reached by the
parties – determination made.
Wollongong City Council v Williams
[2021] NSWCA 140
TORTS – negligence –
appellant injured as a result of falling on the first step on a
stepped path in a park – whether the primary judge erred in
finding that the appellant had breached the duty of care which it
owed to the respondent – primary judge found the respondent
to be a witness of credit who maintained that he was taking care
and was not distracted – experts agreed that single steps
presented a hazard – primary judge was not in error in
finding that the appellant failed to take reasonable precautions
against the risk of harm and was negligent – appeal
dismissed.
NEGLIGENCE – cross appeal – damages – challenged
findings of contributory negligence and discount of damages for
past economic loss – primary judge concluded that
contributory negligence was established – finding of
contributory negligence not contradicted by the finding of
liability – no want of reasonable care on the part of the
respondent that might have contributed to his failure to perceive
the steps – primary judge reduced the appellant's damages
for past economic loss by 10% to allow for circumstances in the
respondent's circumstances that would have caused him to retire
earlier – where primary judge made no express finding on the
degree of probability that the respondent would have retired before
66 – evidence accepted by the primary judge contradicted the
prospect of early retirement – the discount of 10% was
inconsistent with the positive findings of the primary judge
– cross-appeal allowed.
Greentree v Blacktown City Council
[2021] NSWDC 318
CIVIL – trip and fall on footpath – absence of
evidence as to where on footpath plaintiff fell – s5B CLA
applied.
Coppock v Secretary, Department of Planning and
Environment (No 3) [2021] NSWCATOD
96
APPEALS – local government councillor –
disciplinary action by Chief Executive – finding of
misconduct – appropriate disciplinary action.
Hooper v Willoughby City Council
[2021] NSWCATAD 208
ADMINISTRATIVE LAW – merits review – access to
government information – adequacy of search –
information for which there is a conclusive public interest against
disclosure (excluded information and privileged information)
– information for which there is an overriding public
interest against disclosure (cl 1(d) and (f), cl 3(a) and (b) and
cl 6(1) of the table to s 14(2) of the Government Information
(Public Access) Act 2009) – processing charge.
Secretary of the Department of Planning, Industry and
Environment v Blacktown City Council [2021]
NSWCA 145
CIVIL PROCEDURE – subpoenas – to produce
documents or things – application to set aside –
legitimate forensic purpose – test for determining the
validity of a subpoena issued in civil proceedings – whether
sufficient that the documents sought by a subpoena have
"apparent relevance" to an issue in the proceedings
– whether necessary to satisfy the court that the documents
are likely materially to assist the case of the party issuing the
subpoena – consideration of bases for setting aside
subpoenas.
CIVIL PROCEDURE – subpoenas – legitimate forensic
purpose – origins of concept – converse of abuse of
process – whether a party issuing a subpoena will lack a
legitimate forensic purpose if unable to demonstrate that documents
sought by subpoena likely to assist its case – legitimate
forensic purpose may be presumed where documents sought have
apparent relevance to matters in issue or are capable of assisting
in cross examination.
COURTS AND JUDGES – precedential value of decisions of Court
of Appeal refusing leave to appeal.
Jeffrey v Canterbury Bankstown Council
[2021] NSWLEC 73
(1) The appeal is dismissed. (2) The applicant is to pay
the respondent's costs of the appeal.
APPEAL – appeal against Commissioner's decision on a
question of law – development contravened development
standard – written request seeking to justify contravention
– Commissioner not satisfied with written request or that
development in public interest – whether misconstruction of
objective of development standard – whether misconstruction
of objective of the zone – whether constructive failure to
consider written request – whether denial of procedural
fairness by failure to warn that written request insufficient
– only misconstruction of objective of zone established
– error not vitiating.
Canterbury Local Environmental Plan 2012 cll 4.6, 6.5.
Agostino v Penrith City Council
[2021] NSWLEC 1399
DEVELOPMENT CONTROL ORDER – unauthorised addition to
existing shop – consent required for the works – terms
of amended order agreed between the parties – Court has power
to modify order – circumstances required for the order exist
– appeal upheld.
Dunland Property Pty Ltd v Brisbane City
Council [2021] QPEC
34
The appeal is allowed.
PLANNING AND ENVIRONMENT – APPEAL – appeal against a
refusal of a change application to a preliminary approval –
where the change application sought to include a condition of
approval that specifies the minimum rate of on-site carparking for
multiple dwelling use – where the effect would be to specify
rates of on-site carparking corresponding with those that
previously applied under the Transport, Access, Parking and
Servicing Policy (TAPS Policy) at the time when the preliminary
approval was granted and also at the time the change application
was made and decided – where those rates have subsequently
changed to higher rates – whether the proposed change is of a
kind that can be considered – whether the change is a minor
change because it would not result in substantially different
development – whether the change removes an integral
component of the development – whether the change ought be
granted in the exercise of discretion – where the traffic
engineering evidence called by the respondent did not consider the
merits of the proposed on-site carparking provision – where
the traffic engineering evidence called by the appellant was to the
effect that the proposed rates would be sufficient in the
circumstances – whether fairness requires the holder of a
preliminary approval to be protected from subsequent changes to
development standards – whether the rights of submitters
would be unduly compromised – whether the appellant ought be
left to justify its proposed on-site provision when it applies for
later approvals – where change justified on its merits.
Davies & Ors v Gold Coast City
Council [2021] QDC
135
There will be judgment for the plaintiffs. I will hear
from the parties as to the form of the order and costs.
REAL PROPERTY – EASEMENTS – PARTICULAR EASEMENTS AND
RIGHTS – OTHER EASEMENTS – where the servient tenement
is subject to a utility easement for a stormwater pipeline –
which structures are within the purview of the easement
agreement.
TORTS – NUISANCE – PRIVATE NUISANCE – WHAT
CONSTITUTES AND GENERALLY – where the plaintiffs have been
unable to use their backyard as contemplated when purchasing the
property – the obligations in nuisance which attach to the
right of use and maintenance of a utility easement.
TORTS – NUISANCE – PRIVATE NUISANCE – REMEDIES
– INJUNCTION – where a faulty stormwater pipeline
within an easement has caused damage to the servient tenement
– where sinkholes and subsidence have damaged the
plaintiffs' landscaping and accompanying structures –
whether the plaintiffs are entitled to an injunction to for repair,
remediation and/or removal works – whether, in the
alternative, the plaintiffs are entitled to damages for their
loss.
TORTS – NUISANCE – PARTIES – WHO MAY BE LIABLE
– OCCUPIER, OR CONTROLLER OF PREMISES, NOT CREATING NUISANCE
– where Council did not construct the faulty pipeline but
entered into an easement instrument with the owners of the servient
tenement – whether persons who did not create, but fail to
stop, a nuisance are liable.
Local Law 17 (Maintenance of Works in Waterway Areas) 2013 (Qld);
Local Government Act 2009 (Qld).
Cardinia Shire Council [2021]
FWCA 4091
Fair Work Act 2009 s.185 – enterprise
agreement.
CARDINIA SHIRE COUNCIL ENTERPRISE AGREEMENT 2021.
Local government – administration.
Application for approval of the Cardinia Shire Council Enterprise
Agreement 2021.
Viva Energy Australia Pty Ltd v Glen Eira CC
(Corrected) [2021] VCAT
701
Section 82 Planning and Environment Act 1987, Child Care
Centre, Neighbourhood Residential Zone – Schedule 1, Western
Port Altona Geelong Crude Oil Pipeline (WAG), safety, relevance of
clauses 19.01-3S and clause 13.07 in assessing risks from nearby
oil pipeline.
Legislation
Victoria
Acts Commencements
Local Government Act 2020 (Vic)
Date of commencement: 1 July 2021.
Sections 44-46, 48-51, 71-86, 102-105, 107-122, 330, 362, Schedule
1 (items 1.2, 6, 8.2,8.3, 8.4, 8.5, 8.6, 13.5, 13.6, 18.2,
21.5,28.2, 28.3, 30.2, 39.1(b), 40.4, 40.6,43.3, 54.2, 57, 58, 66,
69.2, 69.3, 69.4,70.2, 73, 90.1, 90.3, 90.4, 101, 103) of this Act
came in by forced commencement on 1 July 2021 s.2 (4) Act Number:
9/2020.
NSW
Regulations and other miscellaneous instruments
Local
Government (General) Amendment Regulation 2021 (2021–371)
– published LW 9 July 2021.
Regulations and other miscellaneous instruments
Environmental
Planning and Assessment Amendment (Compliance Fees) Regulation
2021 (2021–383) – published LW 16 July 2021.
Environmental
Planning and Assessment Amendment (Modifications) Regulation
2021 (2021–377) – published LW 14 July 2021.
Bills assented to
Building
Legislation Amendment Act 2021 No 21 – assented to 05
July 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.
