In the media
'State govts can help LGs drain Australia's food
swamps'
State governments should get behind local government
efforts to create a healthy and sustainable food system in
Australia, a new report says (03 December 2021).
More...
Insurance industry welcomes $50 million funding for
flood mitigation
The insurance industry has welcomed the Federal
Government's announcement of additional funding to protect
communities from flooding. The report advised the government to
invest in coastal protection infrastructure, improve its data
collection of the scale of the problem, and consider land-use
planning that focuses on actions of the sea (01 December 2021).
More...
$30b needed to protect coastal communities: Insurance
Council
Governments will need to invest $30 billion in large-scale
coastal protection and adaptation over the next 50 years, the
Insurance Council of Australia (ICA) says (03 December 2021).
More...
Guidelines for Phase 3 of LRCI program now up
online
Phase 3 of the Local Roads and Community Infrastructure
(LRCI) program has begun, with guidelines for
councils seeking project funding now online (03 December 2021).
More...
LG workforce rises to 191,000 during last financial
year
There were 190,800 people working in local government at
the end of June 2021, new Bureau of Statistics figures show. This
is about 4800 more people than were employed at the same time in
2020 (03 December 2021).
More...
Plastic recovery rates stuck in the slow lane, APCO
warns
The Australian Packaging Covenant Organisation
(APCO) says plastic remains a concern, with
recovery rates showing no significant improvements over a
three-year period.
Implementing nationally consistent approaches to regulatory
interventions by state and federal governments remains a challenge
(03 December 2021).
More...
'Vandals': Victoria, Queensland fume over
federal climate intervention
The Morrison government has used sweeping new powers to
override state and territory government support for an
international agreement to cut greenhouse gas emissions. The
government has deployed recently passed laws to overturn the
participation of five states and territories in the global Under 2
Coalition (29 November 2021).
More...
Queensland
Queensland eyes infrastructure charges as Brisbane Lord
Mayor says caps are too low
Councils should be allowed to charge developers more so
infrastructure can keep pace with growth, Brisbane's Lord Mayor
says, as the divide with Victoria and NSW comes to light (03
December 2021).
More...
Calls to tighten leash of corruption watchdog after
Logan council saga
The body was found to have "failed in its duty"
when charging seven Logan councillors and the city's mayor with
fraud, charges that were ultimately dropped (02 December 2021).
More...
LGAQ: CCC Chair should stand down following damning
parliamentary report
A public apology and compensation must be issued
immediately to the former Logan councillors wrongly charged by
Queensland's Crime and Corruption Commission
(CCC) following today's damning report into
the CCC's handling of the matter (02 December 2021).
More...
QLS: A report into the CCC's investigation of former
councillors of Logan City Council and related matters
The tabled Queensland Parliamentary Crime and Corruption
Committee in the 'Inquiry into the CCC's investigation of
former councillors of Logan City Council makes 14 findings and 6
recommendations, including calls for legislative reform and
cultural change (02 December 2021).
More...
$19 Million available to Queensland communities to
increase resilience and reduce disaster
Queensland communities can now apply for a share of more
than $19 million in resilience and risk reduction funding to help
them better prepare for future disasters. $6 million is exclusively
available for the 14 local government areas hardest hit by the 2019
North Queensland monsoon trough (23 November 2021). More...
In Practice and Courts
Queensland
OIC Queensland Decisions – 22 November 2021
U24 and Brisbane City Council [2021] QICmr 61 (22 November 2021) |
Office of the Information Commissioner Queensland
Tabled papers 02 December 2021
Tabled Paper – Report No. 108, 57th Parliament—Inquiry
into the Crime and Corruption Commission's investigation of
former councillors of Logan City Council; and related
matters
Tabled Paper – Report No. 108, 57th Parliament—Inquiry
into the Crime and Corruption Commission's investigation of
former councillors of Logan City Council; and related
matters—Volume of Additional Information
Royal Commission into National Natural Disaster
Arrangements – Queensland Government Implementation –
First progress report 2021
The Queensland Government remains committed to making
Queensland the most disaster resilient state in Australia and
strives to safeguard people, property and the environment from
disaster impacts, while recognising the importance of empowering
and supporting local communities to manage disaster risks, respond
to events and be more resilient.
More...
OIC Publications
The complaint landscape in Indigenous councils Last updated: 30
November 2021
Cases
Sunland Group Limited v Gold Coast City
Council [2021] FCA
1473
CORPORATIONS – consideration of an application for
orders for the production of documents in an unredacted form on the
contended footing that the applicant in the principal proceedings
had engaged in conduct giving rise to an implied waiver of legal
professional privilege said to subsist in the text redacted from
the various documents in question – consideration of whether
waiver had arisen in relation to a range of other documents
PRACTICE AND PROCEDURE – consideration of the principles
relating to implied waiver of legal professional privilege –
consideration of whether waiver had arisen on the facts in
question.
Noosa
Council v Cordwell Resources Pty Ltd & Ors
[2021] QPEC 67
APPLICATION FOR INTERIM RELIEF – INTERLOCUTORY
INJUNCTION – where the Applicant filed an Originating
Application for enforcement orders on both an interim and final
basis – where the Applicant is seeking an interim order to
enforce the terms of the development approval under which the First
Respondent exercises its rights and economic interests in operating
the Kin Kin quarry – whether the actions of the First
Respondent have resulted in the commission or prospective
commission of a development offence – whether the Applicant
has demonstrated a prima facie case – whether the balance of
convenience favours an exercise of discretion to grant the interim
relief.
Mackenzie
v Noosa Shire Council [2021] QPEC
61
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION
– DECLARATORY PROCEEDING – where the applicant seeks a
declaration under section 11 of the Planning and Environment Court
Act 2016 (Qld) concerning the calculation of site cover for a
proposed building – where the proposed building is the
subject of a building application – where an earlier building
application was made to a private certifier and referred to the
Council – where the Council took issue with the calculation
of site cover in a request for information – where the
applicant amended its plans which led to a satisfactory referral
response and approval – where the applicant made a further
application for a new building approval which added previously
excluded elements back in – where the applicant asked the
building certifier to put the application on hold until the
applicant could get a declaration from the Court in relation to the
proper calculation of site cover – where non-compliance with
site cover percentages in an acceptable outcome was a trigger for
development moving from accepted development to code assessable
development – whether the application for declaratory relief
is directed towards the determination of a legal controversy or an
abstract or hypothetical controversy and is advisory in nature
– where any decision on the development application can be
appealed – where the current application has not yet been
referred to Council.
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.
