In the media
Commonwealth
LGEA: Failure to act on Respect@Work Report
Professionals Australia continues to call on the Coalition
Government to amend its Bill and adopt critical recommendations in
the landmark Respect@Work Report and to include at least 10 days of
paid domestic violence leave in the Fair Work Act (13 August 2021).
More...
Climate change: Collective action a counterpoint to
Australian government inaction
About one in five (104) councils have declared a climate
emergency, and a recent report found that just 60 local council
emission reduction projects have the potential to cover off 90 per
cent of our federal 2030 Paris targets (13 August 2021). More...
Covid's impacts - and upsides - revealed in council
CEO survey
Nearly six in 10 local government CEOs say the financial
sustainability of their councils was negatively impacted by
Covid-19, a new survey shows. However, the survey also shows the
pandemic has provided the impetus for many councils to "think
outside of the box" about how to maximise revenue, keep costs
down (06 August 2021). More...
ALGA/ICLEI join forces to support council
resilience-building
The Australian Local Government Association is partnering
with ICLEI Oceania to help councils tackle global warming and plan
for a sustainable future. A memorandum of understanding signed this
week commits ALGA and ICLEI Oceania to work at boosting information
and tools available to local governments (06 August 2021). More...
Design of cth peri-urban mobile program up for
discussion
Feedback on the federal government's Peri-Urban Mobile
Program is being sought from community representatives and
industry. The $16.4 million program will fund improve mobile
connectivity in bushfire-prone areas on the peri-urban fringe,
where suburbs encroach into bushland, potentially creating bushfire
risks (06 August 2021). More...
Suspension of mutual obligation requirements for job
seekers and participants in Victoria and NSW Hunter and Upper
Hunter Regions
The Australian Government has suspended mutual obligation
requirements for job seekers and participants in the state of
Victoria and the Hunter and Upper Hunter Regions of New South Wales
after the announcements of a seven-day COVID-19 lockdown in those
areas (05 August 2021). More...
Recovering communities not forgotten
Coordinator-General the Hon Shane L Stone, AC QC, said
almost two years on, communities affected by the 2019-20 Black
Summer Bushfires continue to receive Australian Government
assistance suited to their local recovery needs. Projects in 110
local government areas disaster declared because of the 2019-20
Black Summer bushfires are eligible for funding (02 August 2021).
More...
Victoria
Plans to guide Greater Bendigo into future to be
considered
Important strategic planning work that seeks to set
Greater Bendigo up for future success will be considered at the
August Council meeting. The vision is also underpinned by five
values - transparency, sustainability, inclusion, innovation and
equity (11 August 2021). More...
Funding boost for councils to respond to
emergencies
An extra $1 million will be invested in the Municipal
Emergency Resourcing Program, taking the total funding for
Victoria's 64 rural, regional and outer-metropolitan councils
this financial year to $5.9 million. The program pays for planning,
communication and co-ordination work to make sure communities are
well prepared and resilient (02 August 2021). More...
Queensland
Central Queensland councils work together for renewable
future
The Clean Economy Opportunities for the CQ Region forum
will bring together representatives from regions including
Whitsunday, Barcaldine and Gladstone, in an open-forum discussion
aimed at creating a positive renewable future for Central
Queensland (12 August 2021). More...
Making renewables work for Queensland workers, families
and communities
Queensland communities will be the first in the nation to
be asked how they want the multi-billion dollar renewable energy
sector to benefit their families, jobs and regions, with the launch
of public consultation to collect community feedback on
Queensland's renewable energy zones (10 August 2021). More...
New push for better Local Government
In a new push to bring greater integrity to the workings
of Local Government, the Office of the Independent Assessor is to
receive extra funding to better investigate and access complaints
against Councillors after a recent analysis of the operations
of the new Councillor Complaints Framework to make sure it is
working smoothly and effectively (03 August 2021). More...
In Practice and Courts
Peri-urban mobile program (PUMP)
Announced as part of the 2021-22 federal Budget, the $16.4
million program will fund improve mobile connectivity in
bushfire-prone areas on the peri-urban fringe. Draft guidelines
outlining the eligibility criteria for participants and activities
under PUMP, the proposed assessment criteria, and the process for
prospective applications can be found here. The
consultation period ends on 27 August.
2021 Regional Telecommunications Review
Published as a prelude to the 2021 Regional
Telecommunications Review, the paper canvasses issues around
adequacy, opportunity, and awareness of telco services in both
rural, regional and remote areas of Australia. The issues paper,
consultation dates, and details on how to make a submission can
be found
here. Written submissions should be lodged by, 30 September
2021.
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.
The closing date for applications is 18 February 2022, with first
build estimate requests required no later than 1 October 2021.
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 closing on 2 September
2021. View more information on the BSBR
grants at the National Recovery and Resilience Agency's website.
2019-20 black summer
bushfires: Program is currently open
Successful project grants in LGAs will depend on the
number of eligible projects submitted, how much money is requested
for each project, and the merits of each project. Extensive
information is also available on the NRRA website. For more
information on the assistance available, including timing of the
workshops and registration details visit here.
Victoria
MAV submissions
August 2021 Submission to Victorian Government waste to energy
framework - August
our support for waste to energy (WtE) as an
alternative to landfill, noting that WtE must be considered in the
context of the waste hierarchy, and not compromise waste avoidance
or higher order reuse and recycling opportunities (August 2021).
More...
Reporting on shelters and pounds
To enable data collection and reporting, Section 4 of
the Code of Practice for the Management of Dogs and
Cats in Shelters and
Pounds (the Code) will need to be
amended to require shelters and pounds to provide necessary data to
the Victorian Government. Animal Welfare Victoria is inviting all
stakeholders to complete an Engage Victoria survey to help shape
amendments to the Code's data collection and reporting
requirements, which closes 3 September 2021.
Bellarine Peninsula distinctive area and landscape:
Draft Statement of planning policy
DELWP invites written submissions on the Draft Bellarine Peninsula Statement of Planning
Policy. The draft SPP has been prepared by DELWP in
collaboration with Traditional Owners the Wadawurrung, the Borough
of Queenscliffe, the City of Greater Geelong and relevant
government agencies. The draft SPP will guide the future of land
use and development on the?Bellarine Peninsula for the next 50
years. For further information visit Engage Victoria. Submissions close 20 August
2021.
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 by email the Tribunal Secretariat at
localgovernment@remunerationtribunal.vic.gov.au before 16 August
2021. More...
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 are due to open on 16
June. Information and guidelines for the Regional Jobs and
Infrastructure Fund can be found at rdv.vic.gov.au/rjif.
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 come 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.
City of Melbourne: View all current tenders
See Tenders for more information on the tendering process
and procurement policy, closed and awarded tenders. More...
Container deposit scheme
The MAV has welcomed the release of the Victorian
Government's consultation paper on the design of the
container deposit scheme. 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.
Extension to the declaration of Surf Coast, Bellarine
Peninsula and Bass Coast as distinctive areas and landscapes
The Governor in Council, under section 46AT(3) of
the Planning and Environment Act 1987, has approved the
extension of time required to prepare Statements of Planning Policy
for Surf Coast, Bellarine Peninsula and Bass Coast for a further 12
month period
Queensland
Public consultation: Queensland's renewable energy
zones (QREZs)
Public consultation would be followed by a technical paper
later in the year, for feedback from industry and other energy
stakeholders on the framework for QREZ design and access. The
online survey is open until 30 September 2021. More...
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.
Planning (COVID-19 Emergency Response) Regulation
2020
This temporary regulation establishes requirements for
keeping documents physically available for inspection and purchase
in recognition of health and safety restrictions. This enables
local governments to continue to meet their statutory obligations.
The regulation is in effect to 30 September 2021. More...
Extension of COVID Bill
State Parliament has moved to extend the timeframe for
several measures introduced to allow Government to respond to the
impacts of COVID-19 through the COVID-19 Emergency Response and Other Legislation
Amendment Act 2021. These come into force throughout 2021.
Cases
Sunland Group Limited & Anor v
Gold Coast City Council [2021] HCATrans
124
The appeal concerns, the effect to be given to a number of
conditions of the planning approval. The conditions concerned the
contributions to be paid to various forms of infrastructure, the
services to be provided with the land
The various statutes, including the Integrated Planning Act, have
provided for development approvals of two kinds
We draw support from the language of section 880 (3) which says
despite the prohibition on imposing a new condition, the Council
can cover the money under a lawfully imposed condition.
Mornington Peninsula Beach Box
Association Inc & Anor v Mornington Peninsula Shire
Council [2021] VSC
455
STATUTORY INTERPRETATION - ;ocal government - Local Government Act
1989 (Vic) providing for 'annual service charge' to be
declared on rateable land for 'the collection and disposal of
refuse' - charge declared by defendant Council for 'the
collection and disposal of municipal refuse' - charge designed
to finance broad range of waste services for local community and
its members - whether declaration valid - declaration need not be
confined to recovery of costs of direct or 'kerbside'
refuse collection services only - charge can validly apply to
rateable land for which no direct or kerbside refuse collection
service is available - challenge to validity of charge dismissed -
Constitution Act 1975 (Vic) Pt IIA - Crown Land (Reserves) Act 1978
(Vic) s 17B - Environment Protection (Resource Recovery) Act 1992
(Vic) - Health Act 1958 (Vic) ss 60, 61 - Health (Amendment) Act
1977 (Vic) - Local Government Act 1919 (NSW) ss 168, 243, 615 -
Local Government Act 1958 (Vic) s 267 - Local Government Act 1989
(Vic) ss 1A, 3C, 3E, 3F, 113, 125, 126, 127, 155, 156, 157, 158,
158A, 159, 160, 161, 161A, 162, 163, 163A, 163B, 173, 184, 208A,
208B, 208C, 208D, 221, 223 - Local Government Act 2020 (Vic) -
Supreme Court (General Civil Procedure) Rules 2015 (Vic) Order
56.
W Everton Park Pty Ltd v Minister for
Planning [2021] VSC
465
ADMINISTRATIVE LAW - Judicial review - Plaintiffs own private land
extending into the Public Conservation and Resource Zone -
amendment VC115 to Victoria Planning Provisions and all planning
schemes in Victoria, amending planning controls affecting private
land in the Public Conservation and Resource Zone - Minister's
decision under s 20(4) of the Planning and Environment Act 1987
(Vic) to exempt himself from notification requirements of ss 17, 18
and 19 - Minister's decision under s 4C to approve amendment -
Plaintiffs claim declarations that Minister's decisions are
invalid and of no legal effect - whether in making exemption
decision Minister had regard to irrelevant considerations or failed
to consider relevant matters - whether Minister made decisions for
improper purposes - whether amendment complied with Ministerial
direction under s 7(5) as to form and content of planning schemes -
whether amendment conferred absolute and unreviewable power on
Secretary, repugnant to Planning and Environment Act 1987 (Vic) -
whether amendment amounted to acquisition by subterfuge -
Minister's decisions not invalid - proceeding dismissed -
Planning and Environment Act 1987 (Vic), ss 4B, 4C, 4J, 6, 7, 8,
12, 20(4), 149
Before deciding on an application to use or subdivide land,
construct a building or construct or carry out works, in addition
to the decision guidelines in Clause 65, the responsible authority
must consider, as appropriate: The State Planning Policy Framework
and the Local Planning Policy Framework, including the Municipal
Strategic Statement and local planning policies. Local Government
Act 1989
City of Greater
Geraldton [2021] FWCA
4751
Fair Work Act 2009 s.185 - Enterprise agreement City of Greater
Geraldton
Application for approval of the City of Greater Geraldton
Enterprise Agreement 2021 - 2023. Local Government Administration
[3] Noting clause 1.7.2. of the Agreement, I am satisfied that the
more beneficial entitlements of the National Employment Standards
in the Act (NES) will prevail where there is an
inconsistency between the Agreement and the NES.
Legislation
Victoria
Statutory Rules
No 92 Environment Protection Amendment
(Wind Turbine Noise) Regulations 2021
27 July 2021. These Regulations come into operation on 1 August
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.
