In the media
Review to examine equity of disaster recovery
funding
Commonwealth-State/Territory Disaster Recovery Funding
Arrangements are to be reviewed to ensure that assistance under the
program is fair and equitable. The review will examine how each
state applies the DRFA and whether the program should be adjusted
to deliver more equitable, needs-based, assistance for all
Australians, regardless of where they live (05 June 2020).
More...
More funding needed for social infrastructure:
AHURI
Councils need more funding to provide parks and open space
for apartment residents, the Australian Housing and Urban Research
Institute says. Developer contributions and voluntary agreements
are too uncertain to ensure good results, according to a new AHURI
report (05 June 2020).
More...
Why Melbourne needs its own version of the Greater
Sydney Commission
Population growth has outpaced the provision of parkland
and social housing. Many households must look to fringe areas to
find housing they can afford. Our cities need city-scale government
– here's what it should look like (04 June 2020).
More...
Australian councils struggle with huge rise in household
rubbish during Covid-19 lockdown
Councils around Australia have seen a huge increase in
volumes of household rubbish and dumping of waste triggered by a
combination of more online shopping, home improvements,
international workers returning to their home countries and a
clearing out of unwanted possessions during the coronavirus
lockdown (03 June 2020).
More...
$1.5m to investigate benefits of urban green
spaces
Researchers will collaborate with urban planners and
policy makers to investigate the health benefits of urban green
spaces in a project that has won $1.45 million of funding from an
international research collaboration (01 June 2020).
More...
Councils sidelined as COAG abolished
Local government is concerned its voice on national
decisions will be diminished after Prime Minister Scott Morrison
said COAG will be abolished and replaced with the national cabinet
(29 June 2020).
More...
Lack of local government involvement in federation
reform process a missed opportunity
The Australian Local Government Association
(ALGA) says planned national federation reforms
announced today are a lost opportunity to drive jobs growth and
economic reform at the local level (29 May 2020).
More...
Consortium plans to roll out hydrogen buses
Australia'a largest bus operator has joined with
strategic partners to establish the H2OzBus project which aims to
deploy hydrogen powered buses into Australia's public transport
network. Depending on what the approvals are for councils and other
regulatory requirements the consortium is looking at between 12 and
18 months (25 May 2020).
More...
Victoria
Greening city – 150,000 new plants and trees
The City of Melbourne and the Victorian Government will
plant 150,000 trees, shrubs and grasses in an ambitious project to
green our city and respond to the COVID-19 pandemic (05 June 2020).
More...
Investing in waste and recycling solutions
The City of Melbourne will invest $1 million to establish
two new waste and resource recovery hubs in the CBD to help
businesses reduce waste, limit the number of bins in our laneways
and encourage recycling (04 June 2020).
More...
Local Projects For Our Fastest Growing Communities
Minister for Local Government Adem Somyurek today
announced a major expansion of the Growing Suburbs Fund,
with an extra $25 million to bring forward delivery of new
facilities and upgrades that improve communities and their access
to vital services (04 June 2020).
More...
Each rural council will receive $100,000 to enhance and improve ICT facilities to engage, consult and support their local communities. Councils are encouraged to apply for the Growing Suburbs Fund. More...
Veterans speak up after historic cypress trees axed at
cherished Avenue of Honour
Century-old trees in a heritage-listed Avenue of Honour
have been felled as indecision over a replacement species lingers
(04 June 2020).
More...
Councils Come On Board To Create Jobs, Keep Communities
Safe
The Government has struck new agreements with 15 councils
across Victoria to support more than 1,000 people into jobs. More
than half of the councils in the state are now on board with
Working for Victoria.This tranche of jobs includes a proportion of
outdoor maintenance and land management roles, particularly in
regional areas (04 June 2020).
More...
Fresh push to increase female representation on local
councils
Only 38 per cent of Victorian councillors are women, and
the State Government wants to increase that to 50 per cent (02 June
2020).
More...
A Fairer, Simpler Fire Services Property Levy To Keep Us
Safe
From July, all residential properties in Victoria will see
a fall in their FSPL rate, while all other properties – such
as industrial or commercial properties – in the old CFA
district will either see no increase, or a decrease in their rate.
The fixed levy will be indexed in accordance with the legislation
(30 May 2020).
More...
More Time To Get Your Pool Registered
The Victorian Government is extending the deadline for the
mandatory registration of private pools and spas due to the impacts
of coronavirus. Private pool and spa owners now have until 1
November 2020 to register their pools with their local council
– an extension of five months from the original 1 June
deadline (26 May 2020).
More...
Councils support COAG call for long-term preschool
funding
The MAV supports the call from the Council of Australian
Governments (COAG) to lock in long-term funding
for kindergartens. Victoria has a unique model of preschool
education, built on a partnership across three levels of government
with support from communities and parents. This model has resulted
in high participation rates (26 May 2020).
More...
Building Recovery Taskforce Continues Fast
Tracking
The Victorian Government has fast tracked more than $1.2
billion worth of building and development projects as part of its
ongoing work to kickstart Victoria's economy. The Taskforce is
calling for submissions of priority projects of state and regional
significance that could be considered for development assistance,
including those that may be awaiting a decision at VCAT or a local
council. (25 May 2020).
More...
NSW
HomeBuilder package driving jobs in NSW
The new HomeBuilder grant will provide $25,000 for those
looking to build or renovate their home. NSW are also rolling out
the easy-to-use ePlanning platform to every council in NSW, which
means home builders and renovators can process their development
applications online and faster than ever before (05 June 2020).
More...
Armidale Regional Council set for three-month
suspension
At an extraordinary meeting, it stopped short of
acknowledging the "unacceptable" behaviour of councillors
or that it has lost the respect of the community (01 June 2020).
More...
Queensland
Cassowary Coast Regional councillor decision
Former Cassowary Coast Regional Councillor Ben Heath has
been found to have engaged in misconduct in office for a third time
after failing to record his involvement in a seafood business and
relationship with the owner on his register of interests (05 June
2020).
More...
Logan welcomes COVID Works for Queensland funding
Logan City Council will receive $6.57 million from the
State Government's $200 million COVID Works for Queensland
program. Cr Power said Council will consider a report on how to
best use this funding to deliver critical community infrastructure
in the city that meets the needs of our residents and businesses
(04 June 2020).
More...
Queensland water bills to rise, despite
coronavirus
The Queensland Government will bump up the cost of water
by 3.5 per cent next month, driving up quarterly utility bills
across the state (04 June 2020).
More...
Ten years, $800 million invested. What's next for
Your City Centre – Beyond 2020?
Toowoomba Regional Council (TRC) has
today launched a ten-year review of the Toowoomba City Centre
Master Plan. Council is urging residents to get involved in the
conversation that will help understand community priorities for the
remaining ten years of the plan (04 June 2020).
More...
COVID-19 stimulus funding must be shared equally so no
community is left behind
The Local Government Association of Queensland is calling
on the State Government to ensure economic stimulus is shared
equally across Queensland, so no community is left behind amid the
COVID-19 pandemic. "The view that SEQ councils can withstand
this pandemic on their own due to their larger populations does not
hold true (03 June 2020).
More...
South-East Queensland councils benefit from COVID Works
for Queensland program
Communities across South-East Queensland will soon see the
social, employment and economic benefits of the Palaszczuk
Government's $200 million COVID Works for Queensland program,
with council allocations announced today (03 June 2020).
More...
Regional Queensland benefits from COVID Works for
Queensland program
Dozens of local government shovel-ready projects across
regional Queensland will receive funding from the $200 million
COVID Works for Queensland program, with individual council
allocations announced today (03 June 2020).
More...
Survey finds locals don't take visitors to
'dirty' Surfers Paradise
The Glitter Strip is marketed as a jewel in the crown of
Gold Coast tourism, but a survey finds locals avoid taking visitors
there because they believe it's dirty and isn't enough
parking (03 June 2020).
More...
Developers shelve 'unviable' Toowoomba housing
project
Developers blame the Toowoomba Regional Council for its
decision to shelve a big housing development in the city's west
(01 June 2020).
More...
Expansion of water bottling industry banned across
NSW/QLD border regions
Tweed outlaws new water bottling operations, joining the
Scenic Rim and Gold Coast hinterland regions (30 June 2020).
More...
Disaster preparedness goes mobile in Townsville
A Townsville-based online and print disaster management
directory has been given a facelift for better mobile phone
functionality to make accessing important information even easier
for local residents (29 May 2020).
More...
Council reins in funding for rodeo after shift to online
competition
Mount Isa City Council pulls some of its funding from the
annual Mount Isa Mines Rodeo after it is announced the rodeo will
go online (28 May 2020).
More...
Gold Coast council withdraws financial support for 2020
show soon after new date announced
The City of Gold Coast has withdrawn its financial support
for this year's Gold Coast Show, barely hours after organisers
announced the event would still go ahead (28 May 2020).
More...
Local Government: Roles and Functions of Queensland
Integrity Agencies
On 20 May 2020, three of Queensland's integrity
agencies partnered to equip newly-elected and existing Local
Government councillors and mayors with information to assist them
in understanding the integrity agencies' roles and functions
(25 May 2020).
More...
In practice and courts
PC Audit of national water resources reforms
The Productivity Commission is to inquire into how
governments are progressing in achieving the objectives and
timelines of the National Water Initiative. The PIC has published
an issues
paper to guide the inquiry. Submissions on this paper are due
by Friday, 21 August 2020 (05 June 2020). More...
Council views wanted on filling Australia's IoT
skills gap
The IOT skills barometer is designed to see if
organisations like councils experience a skills-gap with regards to
adopting IoT solutions.It will inform local governments as to which
councils are using IoT and for what purpose, how important it is
for them in their future strategies, and whether they are missing
any skills that university and higher education could remedy (05
June 2020).
More...
Local Roads and Community Infrastructure Program
The Australian Government new $500 million Local Roads and
Community Infrastructure Program (LRCI Program)
will support local councils to deliver priority local road and
community infrastructure projects across Australia, supporting jobs
and the resilience of local economies to help communities bounce
back from the COVID-19 pandemic (22 May 2020).
More...
National Transport Commission: Draft Guidelines for
trials of automated vehicles in Australia
To ensure the changes benefit trialling organisations and
road transport agencies, the NTC has published a discussion paper and is seeking
submissions from local councils, road managers and others regarding
the proposals outlined therein. 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. Due to table: June, 2020 Open for
contribution.
More...
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.
Victoria
MAV: Councils' response to COVID-19
These snapshots highlight the creative and responsive role
Councils are playing to support their local businesses and the
broader community through the COVID-19 emergency:
Fact Sheet Summary - Councils supporting their communities during
COVID-19 (May 2020)
Victorian Local Government COVID-19 initiatives update May 2020
(May 2020)
Suburban Parks Program: funding grants from 01 June
2020
Funding for the next round of the program will be open to
eligible local government area from 1 June, with grants of up to
$1.3 million made available for a new pocket park and $275,000 for
a new dog park.
More...
SRO: Changes to the fire services property levy
Instead of different levy rates for properties in the
Metropolitan Fire Brigade area and the Country Fire Authority area,
state-wide rates will apply to properties in the same property
classification across Victoria from 1 July 2020. Details about how
the revised levy is calculated will be published on our fire
services property levy page in the coming days (03 June 2020).
More...
Growing Victoria's Botanic Gardens Grant Program-
Round 2 - 2020
Round Two is now open and closes on 16 July 2020. The
purpose of the grants program is to rejuvenate Victoria's
botanic gardens by upgrading and enhancing the physical assets and
amenities of the gardens and by growing the gardens' important
role in research, conservation and education.
More...
Bushfire recovery grants and funding
A range of funding streams have been announced to support
bushfire-affected
businesses, farmers and organisations as well as
individuals and families including:
2020 Clean-Up Program
Victorian Bushfires Case Support Program
Australian Government Disaster Recovery Payment
Significant Sporting Events Program
Councils may apply for grants in this funding program to
support the assistance, management or strategic planning of sports
events.
Applications are open until 30 June 2022 in various rounds.
s.186 exemption for council recycling contracts
The Victorian Local Government Minister has
announced a state-wide s.186 exemption for local councils to
extend their recycling collection contracts to 30 June 2021.
Attached is a copy of the letter sent to all councils co-signed
by Minister Somyurek and the Minister for Energy, Environment and
Climate Change, the Hon. Lily D'Ambrosio MP
Approvals
Ballarat C216ballpt1 The amendment rezones part of Lot 1
PS545482N at Giot Drive Wendouree, from Public Park and Recreation
Zone (PPRZ) to General Residential Zone (GRZ), and
rezones land at 12A Albert Street, Sebastopol, from Public Use Zone
Schedule 6 (PUZ6) and General Residential Zone
(GRZ) to Mixed Use Zone (MUZ) and
applies an Environmental Audit Overlay.
Darebin C189dare The amendment implements Section 56 of the
Heritage Act 2017 to ensure that places in the Planning Scheme are
consistently identified with places in the Victorian Heritage
Register.
Glen Eira C206glen The amendment applies the Heritage Overlay
to 380 Dandenong Road, Caulfield North on an interim basis until 30
April 2021.
Greater Bendigo C239gben The amendment applies the
Environmental Audit Overlay to surplus Department of Education and
Training land at 61-77 Nolan Street & 19-39 Dooley Street,
North Bendigo.
Greater Dandenong C213gdan The amendment introduces the General
Residential Zone Schedule 3 and rezones residential land around the
activity centres of Dandenong, Springvale and Noble Park.
Greater Shepparton C212gshe The amendment implements the
recommendations of the Greater Shepparton Townships Framework Plan
Review 2019 by revising the Framework Plans in the Municipal
Strategic Statement of the Greater Shepparton Planning
Scheme.
Kingston C191king The amendment corrects obvious and technical
errors that occurred as part of the approval of Amendment C132king
by correcting a map title in Clause 21.07 (Housing) and inserting
omitted content in Clause 22.13 (Environmentally Sustainable
Development).
Maribyrnong C165mari The amendment applies the Environmental
Significance Overlay - Schedule 3 to protect trees identified as
significant in the draft Maribyrnong Significant Tree Register 2019
on an interim basis until 7 March 2022.
Melbourne C382melb The amendment makes changes to the schedule
to clause 72.01 'Administration and enforcement of this
planning scheme' to clarify the Minister for Planning's
role as responsible authority for developments exceeding a gross
floor area (GFA) of 25,000 sqm.
Melton C173melt The amendment implements the findings of the
Significant Landscape Features Strategy 2016.
Swan Hill C76swan The amendment rezones the site from Public
Conservation and Resource Zone to Farming Zone
Melbourne C365melb replaces the
interim Heritage Overlay applying to 372-378 Little Bourke Street,
Melbourne with a permanent Heritage Overlay and amends the heritage
grading to 'non-contributory' within the Guildford and
Hardware Laneways Precinct (HO1205).
Mornington Peninsula
C274morn extends the interim Heritage Overlay to the property
at 12 Graydens Road, Tyabb (HO463), by a period 2 months, until 31
July 2020.
Greater Bendigo C252gben The amendment facilitates the Bendigo
GovHub by making the following changes to the Greater Bendigo
Planning Scheme: rezones 189-229 Lyttleton Terrace, Bendigo and
immediate road reserve along St Andrews Avenue, Bendigo to
Commercial 1 Zone; amends the schedule to Clause 45.12 (Specific
Controls Overlay) to insert the Bendigo GovHub Incorporated
Document, November 2019 (incorporated document) facilitating
use and development of land for the Bendigo GovHub; amends the
schedule to Clause 72.01 (Responsible authority for this Planning
Scheme) to make the Minister for Planning the responsible authority
for administrating and enforcing the planning scheme as it relates
to the incorporated document; and amends the schedule to Clause
72.04 (Documents Incorporated in this Planning Scheme) to list the
incorporated document.
VC175 changes the VPP and all planning schemes
in Victoria by improving the way the planning system addresses
buffers for amenity, human health and safety impacts by updating
the Planning Policy Framework (PPF) and Clause
53.10.
NSW
Minister's Good Practice Guideline MGPG-1: Virtual
Meetings
Issued by the Minister for Local Government pursuant to
section 87 of the Local Government Act 2020.
The Victorian Government's COVID-19 Omnibus (Emergency
Measures) Act 2020 has introduced into the Local Government Act
2020(the Act) new mechanisms that allows for
virtual council meetings –to ensure local government
decision-making can continue during the coronavirus pandemic. These
new measures will be in force from1 May 2020 until 1 November 2020.
More...
Office of Local Government Circulars
20-20 Clarification for issuing and collecting 2020-21
single and first quarter rates instalments
June 3, 2020 - Category: Circular to Councils Status:
Active Circular Details: 20-20 / 3 June 2020 / A704774 Contact:
Council Performance Team / 02 4428.
More...
GC-149 2020-21 Financial Assistance Grants (FAGs)
– advance payment
May 27, 2020 - Category: Grants Commission Circular to
Councils Status: Active Circular Details: GC 149 / 27 May 2020 /
A701633Contact: Helen Pearce – 02.
More...
20-19 Information about Ratings 2020-21
May 26, 2020 - Category: Circular to Councils Status:
Active Circular Details: 20-19 / 26 May 2020 / A702258 Contact:
Performance Team (02) 4428 4100 /.
More...
eplanning Platform
On 1 July 2020 all Councils across Sydney, Newcastle, the
Central Coast and Illawarra will be required to start accepting and
processing DAs, complying development certificates and post-consent
certificates via the NSW Planning Portal. It will be mandatory for
all greater metropolitan councils to process all applications via
ePlanning by the end of 2020. The remaining councils must process
all applications through the NSW Planning Portal by 1 July 2021.
More...
NSW Planning Department: Have your say - Draft plans and policies
Improving the review of local infrastructure
contributions plans - discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
Higher-rate local infrastructure contributions plans are
independently reviewed to ensure that they are reasonable. The
Department has identified ways to improve the review process of
local infrastructure contributions plans to make it more efficient
while maintaining its important function.
More...
Changes to Housing SEPPs
Seniors Housing State Environmental Planning Policy – the
SEPP will not apply in heritage conservation areas in Greater
Sydney until 1 July 2020.
Queensland
Brisbane Airport Corporation: Projects and
Planning
Brisbane Airport Corporation has invested a further $1.8
billion worth of infrastructure to be delivered between now and
2022. Projects to be delivered include
Brisbane's New Runway, the
Auto Mall development and
Terminal redevelopments. Explore airport plans, major projects
and development information (May 2020).
Planning legislation amendment
Urgent amendments to Queensland's planning legislation
are now in effect to address concerns raised by a range of
stakeholders, including local government and industry, in response
to the COVID-19. Local Government Temporary use licences updated to
25 May 2020.
More...
DSDMIP Consultations
Cross River Rail Project – project change application 7
(Evaluation of design refinements and proposed condition
changes) Closes 25 June 2020
Scenic Rim Agricultural Industrial Precinct - draft impact
assessment report Closes 26 June 2020
DLGRMA: COVID-19 Works for Queensland program
As part of the Queensland Government's economic
recovery package, the Premier announced on 19 May 2020 an initial
$200 million in 2020-21 for a COVID Works for Queensland program
that will immediately support jobs over the next year.
More...
DLGRMA: 2019–21 Works for Queensland Program
(W4Q)
The $600 million Works for Queensland
(W4Q) program supports regional Councils to
undertake job-creating maintenance and minor infrastructure
projects.The Queensland Government has amended the 2019-21 W4Q
guidelines to allow 19 Councils to access unspent W4Q funding for
COVID-19 related expenses. Please refer to Appendix 4 of the
2019-21 W4Q Program Guidelines for the list of eligible Councils.
More...
Economics and Governance Committee: Report No. 37, 56th
Parliament—Electoral and Other Legislation (Accountability,
Integrity and Other Matters) Amendment Bill 2019, interim
government response
The Government expresses its appreciation to the Economics
and Governance Committee for its consideration of the bill and
advises that matters relevant to the bill are still under
consideration. The Government's final response to the Report
will be tabled by 7 August 2020.
More...
Program - Public briefing - Electoral Commission
Queensland - 11 May 2020
Legal Affairs and Community Safety Committee - Inquiry
into the Electoral Commission of Queensland's online
publication of preliminary and formal counts of the votes cast in
the local government elections and state by-elections held on 28
March 2020 inquiry.
More...
LGAQ: Have you say on the Mobile BlackSpot Program Round
5A
The Australian Government has released a Consultation
Paper seeking input on the design of Round 5A of the Mobile Black
Spot Program. The consultation paper
can be found here. The LGAQ is seeking contributions from
councils by 5 June 2020, with Submissions due by 19 June 2020.
More...
LGAQ: Release of the Austroads Guide to Temporary
Traffic Management
The formal adoption of the AGTTM in Queensland is planned
for July 2020. In preparation for the adoption in Queensland, local
government officers involved in traffic management activities can
view a
Fact Sheet and the new AGTTM and video presentations providing
an overview of each section on
the Austroads website.
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: 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
Victoria
Piscioneri v Stonnington CC
[2020] VCAT 597
Section 77 of the Planning & Environment Act 1987;
Stonnington Planning Scheme; General Residential Zone Schedule 10;
Special Building Overlay Schedule 2, Construction of two dwellings;
planning policy; neighbourhood character; amenity impacts; car
parking.
Cerri v Monash CC [2020] VCAT
601
Construction of four (4) double storey dwellings with
Dwelling 1 presenting to Margaret Street and Dwellings 2, 3 and 4
presenting to Flora Road in a side by side formation to the rear of
Dwelling 1. Vehicular access to each dwelling will be via
individual crossovers leading to integrated single garages.
Application under section 79 of the Planning and Environment Act
1987 – to review the failure to grant a permit within the
prescribed time.[1]
Rabbani v Knox CC [2020] VCAT
593
Section 80 Planning and Environment Act 1987; Knox
Planning Scheme; General Residential Zone; Visual Bulk.
Kuznetsov v Yarra Ranges SC
[2020] VCAT 574
Section 77 of the Planning and Environment Act 1987;
Yarra Ranges Planning Scheme; Camping and caravan park; Whether a
cultural heritage management plan required; Section 52 of the
Aboriginal Heritage Act 2006; Waterway; Significant ground
disturbance; High impact activity; Regulations 5, 7, 26, 46 &
58 of the Aboriginal Heritage Regulations 2018
Voumakis v Moonee Valley CC
[2020] VCAT 586
Section 77 of the Planning and Environment Act 1987,
Moonee Valley Planning Scheme, Proposed amendment to plans,
Elevated ground level, Neighbourhood character, Streetscape,
Landscaping, Clause 55 ResCode. No permit
Chen v Monash CC [2020] VCAT
576
Monash Planning Scheme; built form arising from a
side-by-side development; achievement of a garden city
character.
NSW
D'Annunzio v North Sydney Council
(No 2) [2020] NSWCATAP 98
COSTS - appeal dismissed – whether order for costs
should be made
Palm Lake Works Pty Ltd v Ballina Shire
Council [2020] NSWLEC
1247
PROCEDURE – remitted matter – notice of motion
for adjournment of hearing – expiration of existing site
compatibility certificate – fundamental questions to be
addressed on remitter – motion dismissed
Verde Terra Pty Ltd v Central Coast
Council (No 6) [2020] NSWLEC
64
PROCEDURE: slip-rule amendment occasioned by mistake of
parties in consent orders – inadvertent misleading of court
in making order for production in answer to a subpoena –
apology to court - application to amend order to ensure compliance
with subpoena – order amended.
Munro v Inner West Council [2020]
NSWLEC 1240
DEVELOPMENT APPLICATION – heritage conservation area
– Birchgrove Distinctive Neighbourhood – building bulk,
form and scale – building location zone – view loss
Abdallah v Baygan (No. 3) [2020]
NSWSC 680
LAND LAW – equitable charge over sale proceeds
– priority dispute resolved by consent – declaratory
relief appropriate – no issue of principle
Port Macquarie-Hastings Council v David Peter
Waite (No 2) [2020] NSWLEC
60
SENTENCING – environmental offences –
Environmental Planning and Assessment Act 1979 – carry out
development otherwise than in accordance with conditions of
development consent – erect structures without development
consent – Local Government Act 1993 – carry out an
activity without obtaining prior approval – guilty pleas
– whether contents of leaflet impacts remorse –
defendant not cross-examined – utilitarian value of guilty
pleas – penalties reflect proportional criminality not solely
general deterrence – proceedings could have commenced in the
Local Court – totality principle – monetary orders
Tasman Property Holdings Pty Ltd v Canterbury-Bankstown
Council [2020] NSWLEC
59
APPEAL – appeal on questions of law from decision of
Commissioner dismissing appeal of refusal of modification
application of court approved development consent – no
vitiating material error in approach to precondition that
modification must be substantially the same as original development
– no error of law demonstrated by reference to case law
Queensland
Healy v Logan City Council (No.2)
[2020] QDC 104
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – where plaintiff brought a claim
primarily in negligence against defendant – where
plaintiff's claim dismissed – where no award of damages
made – where parties ordered to make submissions on costs
– whether plaintiff should pay defendant's costs of the
proceedings
Workers' Compensation and Rehabilitation Act 2003 Qld s 292, s
315, s 316
Goondiwindi Regional Council v Tait
[2020] QCA 119
TORTS – NEGLIGENCE – STANDARD OF CARE, SCOPE
OF DUTY AND SUBSEQUENT BREACH – where the respondent was
riding her motorcycle through a floodway and struck a large pothole
– where the respondent sued the appellant for damages as a
result of the injuries she sustained – where the appellant
had responsibility for maintaining that section of road as part of
its contractual arrangement with the State of Queensland, under a
Road Maintenance Performance Contract (RMPC)
– whether taking steps to warn motorists was part of or the
commencement of the appellant's performance of its maintenance
obligations
TORTS – NEGLIGENCE – STANDARD OF CARE, SCOPE OF DUTY
AND SUBSEQUENT BREACH – CIVIL LIABILITY LEGISLATION –
GENERALLY – where there was considerable rainfall which
brought widespread flooding, including to the floodway –
where the appellant's maintenance crew identified that there
was a danger to traffic because of the rough surface of the
floodway and the likelihood of potholes – whether the
appellant had actual knowledge of the particular risk –
whether the particular risk was the particular pothole that the
respondent hit
TORTS – NEGLIGENCE – DAMAGE AND CAUSATION –
CAUSATION – where members of the appellant's patching
crew erected freestanding signs on both approaches to the floodway
– where the signs were not secured – where the signage
had fallen over at the time of the respondent's accident
– whether the respondent would have been able to avoid the
pothole had the temporary signage been up
Legislation
NSW
Regulations and other miscellaneous instruments
Community
Land Management Amendment (COVID-19) Regulation 2020
(2020-238) — published LW 5 June 2020
Bills introduced Government
Constitution Amendment (Water Accountability and Transparency) Bill
2020
Non-Government
Rural Fires Amendment (NSW RFS and Brigades Donations Fund) Bill
2020
Water Management Amendment (Transparency of Water Rights) Bill
2020
Water Management Amendment (Water Allocations—Drought
Information) Bill 2020
Bills passed by both Houses of Parliament
Residential Apartment Buildings (Compliance and Enforcement Powers)
Bill 2020
Queensland
Subordinate legislation as made – 05 June
2020
No 83
Liquor (Fee Relief) and Other Legislation Amendment Regulation
2020
Acts
No 15
Justice and Other Legislation Amendment Act 2020
No 16
Justice and Other Legislation (COVID-19 Emergency Response)
Amendment Act 2020
Bills Updated in the last week
Justice and Other Legislation Amendment Bill
2019
Stage reached: Passed with amendment on 20/05/2020
Assent Date: 25/05/2020 Act No: 15 of 2020 Commences: see Act for
details
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.