In the media
Government seen as less trustworthy than business
Australians trust business more than they do government,
according to a survey by marketing consultancy firm Edelman.
Meanwhile a separate poll has found that 58 per cent of Australians
believe there is too much red tape in local government and 66 per
cent think councils should only involve themselves in the basics of
roads, rates and rubbish (26 February 2020).
More...
NSW
NSW Government must invest more in recycled materials
and re-use to drive down waste to landfill
Local Government NSW (LGNSW) has warned the NSW government
that it must act if we are to maintain and improve kerbside
recycling options and drive down the amount of waste going to
landfill. "Councils are still waiting on the long-promised
state waste strategy (27 February 2020).
More...
Deadline looms for council planning statements
The City of Newcastle is the latest NSW council to lay out
its plans for the city over the next 20 years, with a vision of
green spaces, 'active transport' and a booming night time
economy. The state government announced in 2018 that every Council
must submit a Local Strategic Planning Statement (LSPS) providing a
blueprint for land use in the local area 26 February 2020).
More...
'It's held Sydney back': Council reveals
plan to raise CBD skyline by 100 metres
Planning controls endorsed by the City of Sydney will see
the removal of a 235-metre cap on building height limits which were
introduced to ensure buildings stayed below the Sydney Tower (25
February 2020).
More...
OLG NSW: Snowy Valleys and Cootamundra-Gundagai Regional
Councils
Two elector proposals concerning Snowy Valleys Council and
Cootamundra-Gundagai Regional Council have been referred to the
Local Government Boundaries Commission for formal assessment. The
Boundaries Commission will now follow its own processes in
accordance with the Local Government Act (25 February 2020).
More...
'Digital twin' opens new horizons in
planning
The NSW government says a new open platform 'digital
twin' will improve the design, planning and operation of
infrastructure, precincts and communities while breaking down
government silos. The tool has mapped Western Sydney covering Blue
Mountains, Camden, Campbelltown, Fairfield, Hawkesbury, Liverpool,
Penrith and Wollondilly councils (25 February 2020).
More...
Queensland
OIA calls for fair campaigns
The OIA is calling on election candidates, people who have
made complaints to the OIA and the wider community not to misuse
official complaints systems in the lead-up to the March election.
The Independent Assessor Kathleen Florian said there were early
signs that offices like the OIA could be used to score political
points (28 February 2020).
More...
Coronavirus spread may force rethink of public toilet
soap dispenser removal, expert says
The removal of soap dispensers from public toilets has
stoked concerns local councils are washing their hands of a simple
and effective way to help to halt the spread of coronavirus (28
February 2020).
More...
Explainer: What happened at Logan City Council
In April 2018, Logan City Council became the second
Queensland council to be sacked by the state government (26
February 2020).
More...
Developer Aland Wins Approval for Four Towers in
Southport
Sydney developer Aland will build four towers in Southport
after gaining approval from the Gold Coast City Council. Only one
submission was made against the proposal relating to traffic
impacts for access to a neighbouring property (26 February 2020).
More...
Council Refuses Ridong's $160m Gold Coast
Development
Council has voted unanimously to refuse Ridong Group's
$160 million development in Tallebudgera following backlash from
the community (21 February 2020).
More...
Fire Fight continues
The LGAQ and the State Government this week joined in
condemning the Commonwealth's refusal to extend its $1 million
in bushfire grants to all fire-affected Queensland councils (20
February 2020).
More...
Cement plant appeals Brisbane council rejection of
22-hour operation
Neilsen Group sought to extend the operation hours of its
Windsor concrete plant in August, with the council rejecting the
proposal in January (16 February 2020).
More...
Call for changes to allow planning courts to award costs
in councils' favour
Noosa Council will lobby the State Government for changes
to the Planning Act so that courts can award costs in councils'
favour where those councils successfully defend their planning
schemes. Noosa Council has also called on the LGAQ to take up the
cause on behalf of all Queensland councils (21 February 2020).
More...
OIA releases data on investigations into Queensland
councillors
A snapshot taken on 31 December 2019 showed the OIA had
124 active investigations, 27 were parked pending the outcome of
criminal charges and a further 28 were on hold. The Independent
Assessor Kathleen Florian said almost 300 investigations had been
finalised, including those that were referred to the Councillor
Conduct Tribunal (19 February 2020).
More...
See the latest OIA report,
Insight,
Councillor watchdog launches more than one investigation
a day in first year
The Office of the Independent Assessor has had a busy
first year of operations investigating Queensland's councils
(19 February 2020).
More...
Committee recommends law reform to reflect charity
concerns
Proposed electoral law reform should be altered to support
charities and not-for-profits in their efforts to participate in
political debate, a state government committee says (17 February
2020).
More...
In practice and courts
ALGA: 2020 Resilient Awards open
Local Governments are invited to apply for the 2020
Resilient Australia Awards, before entries close on 18 May. The
awards recognise outstanding contributions in six categories:
community, business, local government, government, school and
photography. More...
AUSkey ends 27 March 2020
The Australian Taxation Office (ATO) is
reminding councils that after Friday 27 March 2020, they will no
longer be able to use AUSkey or Manage Australian Business Number
(ABN) Connections to access the Australian
Government's online services. More...
Administration of financial disclosure requirements
under the Commonwealth Electoral Act
The objective of this audit is to examine the
effectiveness of the Australian Electoral Commission's
(AEC's) management of financial disclosures
required under Part XX of the Commonwealth Electoral Act 1918,
including the extent to which the AEC is achieving accurate and
complete financial disclosures.
More...
Local Council Poll 2020
This poll of 1,016 people was conducted by marketing
research firm Dynata from 6 - 8 December 2019, and commissioned by
the Institute of Public Affairs (February 2020).
More...
ALGA: Councils' feedback sought over flight
paths
Airservices Australia wants to hear from local councils as
it plans for the
future of flight path design.
Design principles include safety elements, noise and community
impact, environmental and operational factors. The agency held
industry and public consultations earlier this year, and has
extended its online survey until 9 March 2020 (28 February 2020).
More...
See
Additional consultation 24 February 2020 - 9 March 2020
Have your say on the Draft Heavy Vehicle Productivity
Plan 2020-2025
The NHVR has released the Draft Heavy Vehicle Productivity
Plan 2020-2025. A copy of the draft Heavy Vehicle Productivity Plan
2020-2025
can be found here. The final plan will incorporate an action
plan with performance measurements and targets and is expected to
be released in mid-2020. The plan and the submission process is
available on the NHVR website
here. Submissions must be submitted by 13 March 2020.
Commonwealth Department of Communications and the Arts:
Telecommunications in new developments review
In light of recent and upcoming changes in the provision
of telecommunications in new developments, the Department is
undertaking a review of the
Telecommunications in New Developments (TIND) Policy, and has
released a discussion paper
Review of the 2015 TIND Policy, The Department is aiming to
complete the review of the 2015 TIND Policy and make any necessary
changes before 1 July 2020.
Have your say: Bushfire Inquiries
House of Representatives Committee on Environment and Energy
has announced an Inquiry into the efficacy of past and current
vegetation and land management policy, practice and legislation and
their effect on the intensity and frequency of bushfires and
subsequent risk to property, life and the environment. Submissions
close on 31 March. A Senate Inquiry has also been established
NSW
NSW Local Strategic Planning Statements
Edward River Local Strategic Planning Statement 2020
View the current Community Participation Plans by
Council
Albury City Council Community Participation Plan 2020
Bland Shire Council Community Participation Plan 2020
Office of Local Government Circulars
21/02/2020
20-04 Land use planning changes to assist communities recover from
NSW bushfires
NSW Planning Department: Have your say
Current LEP Proposals from 19 February 2020
LGNSW: Environmental Protection - Authorised &
Enforcement officers
The NSW EPA is seeking feedback from local government on
the draft Powers and Notices Guideline for Authorised Officers and
Enforcement Officers. This guideline aims to help relevant officers
to consistently and lawfully use their powers under the Protection
of the Environment Operations Act 1997 and other environment
protection legislation in NSW.
Is the draft guideline and templates fit for purpose and meeting
user needs?Share your views via a survey or by
written submission to operational.guidance@epa.nsw.gov.au
by 13 March 2020.
Queensland
LGAQ: Have your say: Walking tracks Standards
revisions
The walking tracks standards under revision are important
to councils as they are fundamental to the design and development
of council-controlled walking tracks including pathways, tracks and
trails. Feedback closes on 17 March 2020.
More...
CCC Investigations
28 February 2020
Mount Isa council employee charged with falsification of
records
28 February 2020
Man extradited to face charges relating to Doomadgee council
investigation
North Queensland Regional Plan
The first
North Queensland Regional Plan has been finalised and will come
into effect in March 2020. You can read an
overview of the plan which includes five initial catalytic
projects that have also been identified including renewable
hydrogen, defence, agribusiness, advanced manufacturing and
tourism. The region includes five local government areas: Burdekin,
Charters Towers, Hinchinbrook, Palm Island and Townsville (February
2020)
PCA Submissions: mandatory provisions for Neighborhood
Design and the Gold Coast City Plan Amendments
The Property Council supports the intent of the mandatory
provisions but is concerned about when and how the provisions would
be imposed by local government.
More...
.If you would like to view the Property Council's latest
submission on the mandatory provisions, please click
here. (14 February 2020)
Brisbane City Council: Draft Central Park
Masterplan
The draft plan is now out for public consultation
following the release of
five creative concepts from architecture and planning firms
last year. The Victoria Park concept plan is now open to the public
until April 28 on the Brisbane City Council's website.
Land Restoration Fund—applications opening
soon
The State Government has announced the Land Restoration
Fund to support farmers, landowners and traditional Owners develop
carbon farming projects. Applications for the 2020 investment round
will open on 28 January 2020 and include a financial support
package to allow applicants to obtain professional advice,
including legal advice. More information on the Land Restoration
Fund and eligibility criteria can be found
here.
Have your say: future of South Bank
The Palaszczuk Government is encouraging people to have
their say on the future of the South Bank precinct, with the roll
out of public consultation on the master plan. The master plan
would build on the precinct's iconic features, while harnessing
new ideas. It is expected the master plan process will be completed
by the end of 2020. More...
LGAQ: Mandatory Asbestos Training for Council
Officers
Authorised officers appointed by the local government CEO
under the Public Health Act 2005, section 377 and empowered to
issue a public health order are required to complete this training
as a condition of asbestos related indemnity. Register your
interest now for April workshops (03 February 2020).
More...
LGAQ: Review of the Strong and Sustainable Resource
Communities Act 2017
The Office of the Coordinator-General is leading the
review and will be engaging with councils and key stakeholders from
the end of January to May 2020.
More...
LGAQ: Key events for Queensland councils in 2020
Events for March – October 2020 are outlined here.
Keep an eye on the events page
which will be updates as more events are confirmed in the
calendar
Cases
NSW
Verde Terra Pty Ltd v Central Coast Council; Central
Coast Council v Verde Terra Pty Ltd (No 2)
[2020] NSWLEC 10
EVIDENCE: voir dire on admissibility of documentary
evidence during trial — voir dire on access to documents
produced under subpoena and notice to produce — at what stage
the common law or the Evidence Act applies— whether documents
protected by legal professional privilege — whether documents
protected by without prejudice privilege — whether privileges
waived or lost at common law or under the Evidence Act —
privileges maintained.
Blacktown City Council v Concato
(No 5) [2020] NSWSC 135
CIVIL PROCEDURE — costs — general rule
that costs follow the event — ordinary to award costs to
successful party — exception where issues are dominant and
can be separated — adjust cost order based on time dedicated
to unsuccessful
Byron Shire Council v Master Alchemy Pty
Ltd [2020] NSWLEC 12
PROCEDURE: application for stay of Class 4 civil
enforcement proceedings pending final determination of two Class 1
proceedings relating to the same development - application to
consolidate Class 4 and Class 1 proceedings to be heard before a
judge- applicable legal principles- no presumption that Class 4
matter should be stayed- matters dealt with identical
subject-matter and raised almost identical legal and factual
issues- similar expert evidence required for all sets of
proceedings- savings in time and costs if matters heard
concurrently- application for stay dismissed- application to hear
all three sets of proceedings together upheld- order for joinder of
relevant Minister to all three sets of proceedings- order for
mediation to occur on site made.
Cox v Newcastle City Council
[2020] NSWLEC 1081
MODIFICATION APPLICATION – Heritage Item –
whether the works have a detrimental impact on the significance of
the heritage item – appeal dismissed
Gardiner v Central Coast Council
[2020] NSWLEC 1077
DEVELOPMENT APPLICATION — subdivision –
flood affected land – whether there is a safe evacuation
route – satisfaction of precondition to consent –
whether the creation of an easement for evacuation is
warranted.
Verde Terra Pty Ltd v Central Coast
Council;Central Coast
Council v Verde Terra Pty Ltd (No 2) [2020]
NSWLEC 10
EVIDENCE: voir dire on admissibility of documentary
evidence during trial — voir dire on access to documents
produced under subpoena and notice to produce — at what stage
the common law or the Evidence Act applies— whether documents
protected by legal professional privilege — whether documents
protected by without prejudice privilege — whether privileges
waived or lost at common law or under the Evidence Act —
privileges maintained
Hennock v Queanbeyan-Palerang Regional
Council [2020] NSWLEC 1070
APPEAL – building information certificate
– unauthorised structures erected on land within a community
title subdivision – structures erected outside of a building
envelope contrary to by-law – building envelope can only be
amended by unanimous resolution of the association and consent of
the Council – whether the by-law is a jurisdictional bar
relevant to notional development application – structures
structurally sound and there is no issue concerning environmental
or planning impacts
Qian v Willoughby City Council
[2020] NSWLEC 1069
DEVELOPMENT APPLICATION – boarding house
development – Affordable Rental Housing – Artarmon
heritage conservation area – character of local area
Kasif v Georges River Council
[2020] NSWLEC 1068
DEVELOPMENT APPLICATION – agreed isolated site
– basement access available over adjoining site as a result
of a condition on adjoining development – cl 4.6 applies as
minimum lot size not achieved – whether design appropriate
for context – area subject to new controls – whether
communal open space should be provided
888 New Canterbury Road Pty Ltd v Inner West
Council [2020] NSWLEC 1067
DEVELOPMENT APPLICATION – ground floor shopfront
windows – signage – whether the proposed works have an
adverse heritage impact DEVELOPMENT CONTROL ORDER – sought
removal of signage and advertising that required consent
Thinq Net Pty Limited v Woollahra Municipal
Council [2020] NSWLEC 1063
DEVELOPMENT APPLICATION – residential apartment
development – shop top housing – whether development is
consistent with zone objectives – mixed use development
Legislation
NSW
Regulations and other miscellaneous instruments
Environmental
Planning and Assessment Amendment (Planning for Bush Fire
Protection) Regulation 2020 (2020-64) — published LW 28
February 2020
Plantations and Reafforestation (Code) Amendment (Planning for Bush Fire Protection) Regulation 2020 (2020-65) — published LW 28 February 2020
Environmental Planning Instruments
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Bush Fire Response) (No 2) 2020 (2020-70)
— published LW 28 February 2020
State
Environmental Planning Policy Amendment (Planning for Bush Fire
Protection) 2020 (2020-69) — published LW 28 February
2020
Queensland
Acts – 26 February 2020
No 6
Implementation of The Spit Master Plan Act 2020
No 9
Natural Resources and Other Legislation (GDA2020) Amendment Act
2020
Bills
Implementation of The Spit Master Plan Bill 2019
Introduced by: Hon C Dick MP on 26/11/2019
Stage reached: Passed with amendment on 19/02/2020
Electoral
Legislation (Political Donations) Amendment Bill 2018
Stage reached: 2nd reading failed on 18/02/2020
Subordinate Legislation as made – 14 February
2020
No 10
Electoral and Other Legislation Amendment Regulation 2020
This Regulation omits the prescribed times for the disclosure
period from the Electoral Regulation which are no longer required
due to amendments to section 198 of the Electoral Act which removed
the need for such times to be prescribed and excludes persons
detained in custody from the class of electors able to make an
electronically assisted vote for State elections and referendums
given that section 115 of the Electoral Act has been amended to
require detained electors to make a declaration vote.
Subordinate legislation as made – reminder
No 228
Proclamation—Local Government Electoral (Implementing Stage 2
of Belcarra) and Other Legislation Amendment Act 2019 (commencing
remaining provisions)
This Proclamation fixes the following dates for the commencement of
a number of remaining provisions: 30 March 2020. To improve
transparency and public accountability of local government
elections in line with State and Commonwealth electoral and
governance frameworks
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.