In the media – National
Local government eyes social media for feedback
Work is underway on a new digital platform that will
enable councils to capture and analyse conversations on social
media as a means of improving community consultation on major
projects (26 June 2018).
More...
Brass fittings leaching lead in drinking fountains, but
daily use in households a larger concern
Brass fittings and taps found to cause slightly elevated
levels of lead in drinking water continue to be sold and installed
in homes, businesses and schools across Australia (06 July 2018).
More...
Final report on regional development and
decentralisation tabled
In its final report tabled this week, the Select
Committee on Regional Development and Decentralisation made 13
recommendations to support and promote regional communities as
sustainable, vibrant and enjoyable places to live and work (06 July
2018).
More...
Support for community projects to help build a better
regional Australia
Regional and remote communities across the country have
received welcome news this week with 109 projects to share in more
than $4 million under round two of the Building Better Regions Fund
- Community Investment stream (06 July 2018).
More...
Note: Applications for the third round of funding are expected to
open in coming months. A full list of successful round two projects
under the Community Investment stream are available here.
Why Australian councils are embracing business
intelligence
As data generation takes place, the public's demand
for information will continue to grow. Therefore it's
imperative that councils implement tools to help them access and
sift through the vast pools of data (03 July 2018).
More...
Crackdown on councils' contracting of security
services
Fair Work Ombudsman warns local governments could be
liable if their contractors breach workplace laws after finding
non-compliance in the supply chains of nearly two thirds of
surveyed councils (29 June 2018).
More...
Smarter roads: report urges government on transport
technologies
Intelligent transport technology like puffin crossings
and mobile driving apps are governments' key tools to unlocking
safer, less congested roads, according to a major review. The
findings come as local governments across Australia are being urged
to take new action on road safety (29 June 2018).
More...
Local government eyes social media for feedback
Work is underway on a new digital platform that will
enable councils to capture and analyse conversations on social
media as a means of improving community consultation on major
projects (26 June 2018).
More...
In the media – Queensland
New housing supply expert panel appointed for South East
Queensland
Housing two million additional people in South East
Queensland by 2041 will be top of the agenda for the Palaszczuk
Government's new housing supply expert panel. The establishment
of the panel is in response to a joint submission from the Property
Council of Australia and the Queensland Council of Social Services,
on the draft South East Queensland Regional Plan 2017, Shaping SEQ
(08 July 2018).
More...
Councils hiking rates 'behind closed doors':
report
New audit raises concerns that local governments in
Queensland could be hiking rates beyond the legal limit and are
failing to disclose reasons for rate increases, prompting a call
for regulatory reform (06 July 2018).
More...
Tax time for trucks
The ATO has some advice for Queensland councils about the
tax treatment of payments to council employees who hire their truck
to Council (06 July 2018).
More...
Local Government Remuneration and Discipline Tribunal
appointments
Three appointees to the Local Government Remuneration and
Discipline Tribunal will tackle any outstanding issues ahead of the
creation of a powerful new integrity body to deal with Councillor
complaints (04 July 2018).
More...
5 things you may not know about zero waste to landfill
solutions
Local councils and the Queensland Government are looking
at investing in innovative technologies to reduce our reliance on
landfill, as well as transform our waste into useable products like
electricity and biofuels.
More...
'Bleeding cash': Ipswich Council's secretive
development arm loses $80m, expert claims
Expert analysis shows a private company Ipswich Council
set up to build its $150 million facelift of its city centre is
"technically bankrupt" and any other company "would
have been dead a long time ago" (28 June 2018).
More...
'Our hand has been forced': Ipswich Council
takes Government to court
The Ipswich City Council says its court action to avoid
being sacked by the Queensland Government is not a declaration of
war, but the Local Government Minister says the legal action will
create more confusion (27 June 2018).
More...
Statement on Ipswich City Council
Local Government Minister Stirling Hinchliffe said:
"It's gravely disappointing to see Ipswich City Council
hiding behind new legal proceedings that clearly aren't in the
best interests of the city.." (27 June 2018).
More...
In the media – Victoria
Melbourne's transport goes 'backwards'
despite update
Proposals for an updated public transport strategy for
Melbourne, which is leading the country in population growth, have
come in for sharp criticism (06 July 2018).
More...
Recycling industry funding
A day after the
announcement of a $37 million package to support our recycling
system, the Victorian Government has released its new
Recycling Industry Strategic Plan. The MAV and/or councils are
identified as partners for seven out of the 10 actions included in
the State's plan (04 July 2018).
Delivering a new plan for the future of recycling
Minister for Energy, Environment and Climate Change Lily
D'Ambrosio has announced a $37 million package that will
increase the quality of recycled materials in Victoria and develop
new markets for them (03 July 2018).
More...
Equal access to local services needed for all
Victorians
In the lead up to the November state election, the
Municipal Association of Victoria (MAV) is calling
on political parties and candidates to commit to election policies
that ensure communities have equal access to local services
regardless of where they live (27 June 2018).
More...
In the media – New South Wales
New planning codes to provide more housing choice and
greener streets
The Greenfield Housing Code will only apply in areas
where councils have already permitted medium density housing under
their Local Environmental Plan. In response to requests by some
councils, a temporary deferral until 1 July 2019 has been granted.
All Councils that have requested a further deferral have been
granted this.
More...
In Practice and Courts
NDIS rollout continues across Australia
From 1 July 2018 people with disability in new regions
and age groups in five states across Australia, will be eligible to
access the National Disability Insurance Scheme
(NDIS), improving the lives of people with
disability across Australia. Visit your state or
territory page for more information on the rollout in your
area.
Mobile Phone Base Station Deployment Industry Code -
released for public comment
The revised version of the Mobile Phone Base Station
Deployment Code has been released for public comment. The Mobile
Phone Base Station Deployment Code is designed to provide greater
transparency to local community and councils when a Carrier is
planning, selecting sites for, installing and operating Mobile
Phone Radiocommunications Infrastructure. Information, including
the Terms of Reference, can be found
here. The draft Code and the submit comments form can be found
on
the Communications Alliance website. Public comment for the
draft closes 20 July 2018.
Fair Work Ombudsman Procurement Inquiry
The Fair Work Ombudsman's Inquiry into the
procurement of security services by governments focused on 23
councils across Australia. The report highlights the important role
that councils can play in influencing workplace practices and
promoting compliance with workplace laws. The report contains
learnings and recommendations of relevance to all councils.
More...
Draft National Airport
Safeguarding Framework (NASF) Guideline I – Managing the Risk
in Public Safety Zones at the Ends of Runways
(draft NASF Guideline)
Public Safety Zones, or PSZs are the designated
areas of land at the end of airport runways where certain planning
restrictions may apply. The National Airports Safeguarding Advisory
Group (NASAG) have prepared a draft new guideline
for how these PSZs are managed. The draft and supporting documents
can be found on the Commonwealth Department of Infrastructure,
Regional Development and Cities' (DIRDC)
website
here.
Mandatory data reporting update
A number of certifying authorities are already reporting
data, and each of the three reporting options (API, SFTP and mobile
app) are available and in use. Councils and certifiers should be
preparing for the 1 July 2018 mandatory reporting date.
The Board will have an education focus for the first six months
after this date. More information: API and SFTP
specifications: BPB's website will always have the latest
version.
April 2018 roadshow presentation Certification
data reporting
FAQs
Consultation on possible amendments to
telecommunications carrier powers and immunities
The Australian Government is seeking comments on possible
amendments to telecommunications carrier powers and immunities. We
need your feedback on proposals from telecommunications carriers to
amend the Telecommunications (Low-impact Facilities)
Determination 1997, the Telecommunications Code of
Practice 1997 and potentially, Schedule 3 to the
Telecommunications Act 1997 (the Act).
Consultation closes on 21 July 2018.
More...
Disaster Recovery Funding Arrangements
The federal government plans to replace the existing
Natural Disaster Relief and Recovery Arrangements with Disaster
Recovery Funding Arrangements (DRFA) on 1 July
2018. The DRFA permanently removes restrictions on the use of
normal-hours salary and wages staff (day labour) and internal
plant/equipment hire to councils that agree to revised
co-contribution arrangements. Councils are encouraged to review the
DRFA arrangements online and
provide early feedback here.
OAIC Key dates
Australian Government Agencies Privacy Code - Commences 1 July
2018.
LG Professionals Australia's National Congress and
Business Expo 2018
The LG Professionals Australia National Congress 2018
will be held in Canberra, 22-24 August, at the Canberra Rex Hotel.
More...
Local Government Regulation & Compliance
Conference
24 - 25 July 2018, Sydney - The national
conference will examine strategic approaches to regulatory
compliance. Strategies will be evaluated and successes measured.
The forum will provide a platform to discuss how the sector as a
whole can strive for consistency. High-level strategic themes will
be tackled so that lessons can be applied across all compliance
divisions within local government. More...
Queensland
Brisbane City Council amendments to Brisbane City Plan
2014 - Major Amendment for Infrastructure Purposes
At its meeting on 5 June 2018, Brisbane City Council
adopted amendments to Brisbane City Plan 2014 to include the Major
Amendment for Infrastructure Purposes. The amendments apply
city-wide, and commenced on 29 June 2018. The amendments can also
be accessed by searching for 'City Plan Long term
infrastructure plans' at www.brisbane.qld.gov.au
gazette notice 29 June 2018
LGAQ: draft documents for new Councillor Complaints
system
This is your chance to provide feedback on these
important documents so please take the time to review them and
submit your feedback.
More...
LGAQ: Heavy vehicle update: Chain of responsibility
laws
On 1 October 2018, amendments to the Chain of
Responsibility (CoR) laws will come into effect.
These changes will apply a direct duty of care on local government
and more and more closely align the laws with Work Health &
Safety laws.
More...
LGAQ: $1.95 million of funding
Following the pre-application stage, round 2 will be open
for formal submissions for eight weeks, closing 27 July 2018.
Updated funding guidelines are applicable for round 2 and
applications can be submitted online through the
More...
Victoria
Environmental water management: A new report has been released by the Victorian Parliament's Environment, Natural Resources and Regional Development Committee finding that more research and community input are required to ensure effective environmental water management. The report makes 21 findings and five recommendations.
Environment Protection Amendment Bill 2018: The Bill was introduced to Parliament this week and proposes a new approach to environmental issues, focusing on preventing waste and pollution impacts rather than managing those impacts after they have occurred. The Department has prepared a fact sheet to highlight key changes. The Government intends the legislation to take effect from 1 July 2020.
MAV: Local Government Bill debated in Parliament
A number of proposed changes could adversely affect local
communities, and there were additional changes made between the
Exposure Draft and the Bill without any sector consultation. This
week, MAV
issued a statement calling on political parties to oppose four
elements of the Bill – mandatory use of Capital Improved
Value, reducing the municipal charge to 10 per cent, electoral
system changes to require uniform wards, and enshrining rate
capping in legislation. More...
New South Wales
Mobile Phone Base Station Deployment Industry Code
A revised version of the national Mobile Phone Base
Station Deployment Code has been released for public comment. The
code is a voluntary, industry standard applying to low-impact
mobile phone radiocommunications infrastructure.
LGNSW is drafting a submission on behalf of the
sector and contributions from councils are welcome.
More...
Crown Land Management
Commencing on 1 July 2018, the
Crown Land Management Act 2016 (the Act)
implements
reforms identified through the comprehensive review of Crown
land management and follows over four years of engagement with the
community on the future of Crown land.
https://www.industry.nsw.gov.au/lands/what-we-do/legislation-policies
Local councils will manage Crown land under the public land
provisions of the Local Government Act 1993. To support
the development of
plans of management for Crown reserves local councils will
receive funding to meet the new requirement.
More housing options for NSW: Low Rise Medium Density
Housing Code
The
new Code will allow one and two storey dual occupancies, manor
houses and terraces to be built under fast-track
complying development approval across NSW and also promotes
good design for medium density housing. Low-rise medium density
housing as complying development is only allowed where medium
density development is already permitted under a council's
local environmental plan. The Medium Density Housing Code commenced
on 6 July 2018.
Greenfield Housing Code
The changes commenced on 6 July 2018, the new Code will
be included in the State Environmental Planning Policy (Exempt
and Complying Development Codes) 2008. In response to requests
by some councils, a temporary deferral until 1 July 2019 has been
granted. A list of self-nominated LGAs who have been granted a
deferral is available online. To find out whether your council has
opted for a temporary deferral of the Low Rise Medium Density
Housing Code and what options are available to those planning to
build under the code, please click
here.
More...
Note: There will be a three-year transitional
period, where applicants can choose whether to use the Greenfield
Code, or the new simplified Housing Code or Transitional Code
(until 13 July 2019).
Cases
New South Wales
Kelly v Smith (No.2) [2018]
NSWCATAD 141
COSTS – special circumstances - no question of
principle In Kelly v Smith [2018] NSWCATAD 122, we
dismissed Mr Kelly's application that Mr Smith be disqualified
from holding civic office in Ku-ring-gai Council. These reasons
concern the costs of that application.
Office of Local Government v Shelley
[2018] NSWCATOD 103
TRADES AND OCCUPATIONS – misconduct by Councillor
who made allegations of corruption and conflicts of interest at
Council meeting – where allegations republished on a Facebook
page administered by councillor – reprimand imposed.
Manning v Bathurst Regional Council
[2018] NSWCATAD 132
ADMINISTRATIVE LAW – government information –
whether disclosure could reasonably be expected to diminish the
competitive commercial value of information or prejudice any
person's legitimate business, commercial, professional or
financial interests – whether disclosure could reasonably be
expected to enhance open discussion or Government
accountability.
Abou-Anton v City of Ryde Council
[2018] NSWLEC 1334
APPEALS: building information certificates; unauthorised
works to dwelling house; dwelling not built in accordance with
complying development certificate; nominal development application
assessment required; amenity impacts; view loss; overheight fence;
requirement for stormwater easement.
So Nash Pty Limited v Inner West Council
[2018] NSWLEC 1327
DEVELOPMENT CONSENT: appeal against the imposition of a
number of conditions on development consent for the adaptive reuse
of a local heritage item, including a condition requiring the
deletion of one off-street car parking space and a condition
notifying the future occupants of the development that they are not
eligible to participate in the Council's Resident Parking
Scheme.
Karimbla Properties (No.56) Pty Ltd v The Council of
the City of Sydney [2018] NSWLEC
1301
DEVELOPMENT APPLICATION: Green Square - Concept
development application – Floor space bonus – design
quality.
M.H. Earthmoving Pty Ltd v Cootamundra-Gundagai
Regional Council (No.2) [2018] NSWLEC
101
PRACTICE AND PROCEDURE – notice of motion –
whether appropriate to hear issues raised as separate questions
– where similar submissions would be made in hearing of
another notice of motion in any event STATUTORY INTERPRETATION
– whether amendments to the Environmental Planning and
Assessment Act 1979 (NSW) have the effect of constituting a
new statutory entity or continuing an existing entity –
application of interpretive principles JOINDER – whether
appropriate to join planning panel to Class 1 proceedings –
where panel is the consent authority but decision is deemed to be
made by Council – where panel has power to control and direct
Council COSTS – costs sought in relation to conciliation
conference – presumptive rule against costs in Class 1
proceedings – costs sought against non-party – where
agreement reached in conciliation conference but planning panel
exercised its power to control and direct Council.
Kelly v Randwick City Council
[2018] NSWLEC 1322
DEVELOPMENT APPEAL: Two- lot strata subdivision of
approved dual occupancy – interpretation of clause detailing
minimum subdivision allotment size – whether a cl.4.6
variation request is required.
Legislation
Queensland
Bills
Ministerial and Other Office Holder Staff and Other Legislation
Amendment Bill 2018
Introduced by: Hon A Palaszczuk MP on
15/05/2018. Stage reached: Report from Committee on 5/07/2018.
New South Wales
Local Land Services Amendment Act 2017 No 48 (2018-307) — published LW 29 June 2018.
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Low Rise Medium Density Housing) Amendment Regulation 2018 (2018-368) — published LW 5 July 2018.
Crown Land Management Amendment (Local Land Criteria) Regulation 2018 (2018-317) — published LW 29 June 2018.
Local Land Services Amendment (Miscellaneous) Regulation 2018 (2018-325) — published LW 29 June 2018.
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.