In the media
NHVR Portal now features Vehicle Standards
Vehicle Standards have been added to the National Heavy
Vehicle Regulator (NHVR) Portal following a site
upgrade on 16 October. Users can now lodge Vehicle Standards
applications for In-Principle Support, Exemption Permits and
Modifications. They can also attach engineers' reports, images,
diagrams and schematics (25 October 2019).
More...
Australia-first waste solution sparks interest
A Polish company building an Australia-first high-tech
waste treatment plant in Nowra has been holding talks about the
technology with other councils across NSW and Victoria (24 October
2019).
More...
Lord Mayors represented at Mayors' climate
conference, Seoul
Participation in the Seoul conference will provide the
opportunity to highlight Australian capital cities commitment to
seek stronger climate action in Australia, as well as demonstrating
the willingness of capital cities to work closely with ICLEI
Oceania to support the GCoM alliance through a new partnership
arrangement (24 October 2019). More...
ALGA advocacy helps secure extra $50m disaster
mitigation funding
Advocacy by the Australian Local Government Association
(ALGA) and others has resulted in Labor and the Coalition agreeing
to lift the Commonwealth's proposed Emergency Response Fund to
$200 million a year from $150m, with the extra funding dedicated to
mitigation (18 October 2019).
More...
First round of regional airport funding opens
Applications are now open for the first round of the
Federal Government's $100 million Regional Airports Program,
following the release of its funding guidelines. It will help
address the $170 million aeronautical infrastructure deficit that
exists in the regions. Applications for the first round of funding
will be accepted from 24 October to 12 December (15 October 2019).
More...
Queensland
Gold Coast faces more flooding and fires, but has no
climate change strategy
Data from a risk analysis firm suggests one in six Gold
Coast properties could become uninsurable due to an increased
frequency of natural disasters, but the local council does not have
a formal climate change strategy (26 October 2019).
More...
Star pitches $2b Gold Coast 'master plan' in bid
to sink second casino
Star Entertainment Group has unveiled a
multibillion-dollar 'master plan' to develop assets on the
Gold Coast in a bid to convince the Queensland government to
abandon plans for a second casino in the city (24 October 2019).
More...
3D simulation tools could reduce flood heights and save
millions
A multimillion-dollar 3D planning tool allowing planners
to visualise and then choose the most flood effective revegetation
plan was launched at Brisbane's River Symposium (23 October
2019).
More...
Council push to increase rooftop gardens on high
rises
Brisbane City Council is moving to change how rooftop
gardens are viewed in development decisions (22 October 2019).
More...
Affordable high-rise units get green light in
Woolloongabba
Brisbane council's city planning committee unanimously
supported the development, which also had the backing of Greens
councillor Jonathan Sri ( 22 October 2019).
More...
Gold Coast has 'lost its mojo' as development
and population boom throws character into question
Former Gold Coast architect Philip Follent said the
council's proposed city plan — the way it intends to
accommodate population growth — had taken a
"one-size-fits-all" approach at the detriment to
diversity of suburban character (18 October 2019).
More...
In your backyard: why people need a say on planning that
affects their local community
Good planning needs integrity, and public participation
should play a role in that. But a row over a high-rise development
proposed for suburban Brisbane shows what happens when the public
feels left out of the planning process (17 October 2019).
More...
Residents rail against council plan to axe 115 car
spaces
A Brisbane City Council proposal to remove 70 per cent of
car spaces along Dornoch Terrace to make it safer for recreational
cyclists has angered some members of the local community (16
October 2019).
More...
Mansfield Tavern to be demolished for restaurant and
retail precinct
A south Brisbane tavern will be demolished and replaced
with an urban centre for retail and dining. The Mansfield Tavern at
181 Wecker Street will be demolished after Brisbane City
Council's city planning committee voted to support the
development (15 October 2019).
More...
Greens councillor says sorry for fake voicemail but
won't pay fine
Jonathan Sri lives in inner-city Brisbane and is the
city's only Greens councillor. He admits he was wrong to leave
a fake voicemail message on the phone of Ipswich MP Jennifer Howard
(18 October 2019).
More...
Councils welcome reversal on voting changes
This will ensure the retention of optional preferential
voting for next year's council elections, ensuring voters have
as much control over their vote as they like (15 October 2019).
More...
In practice and courts
Beta Biosecurity Website
The National Biosecurity Committee is seeking user
feedback from on a new biosecurity
website aimed at helping councils, businesses and individuals
better understand how to identify and respond to biosecurity
threats (October 2019)
National Airports Safeguarding Advisory Group
The NASAG is undertaking a review of implementation of the
National Airports Safeguarding Framework (NASF).
The review is intended to consider implementation of NASF across
jurisdictions; and seeks submissions from all levels of government,
industry and community stakeholders. See more information about the
review
here. Submissions closes on 22 November 2019.
Consultation: DR AS 1926.1:2019, Swimming pool safety,
Part 1: Safety barriers for swimming pools
The released
draft Australian Standard is related to swimming pool safety
barriers for public comment and local governments are invited to
have their say. The draft proposes expanding elements of
AS1926.1-2012 to give additional information to pool owners, pool
users and certifiers so they have a better understanding of the
design and construction of a child-resistant barrier. To make a
submission register at
the Standards Australia Standards Hub site. Responses are due
by 31 December 2019.
Social Media for Government Summit, Melbourne: 4 to 6
December
This event will address the most significant challenges
being faced and uncover the knowledge, strategies and technology to
improve the impact and value of social media efforts. More...
National Local Government Workforce Summit: Tweed Heads,
13-14 November 2019
Featuring expert speakers, interactive workshops, case
studies.
More...
National Local Roads and Transport Congress, 18-20
November 2019
This year's theme is 'breaking through for modern
transport'. Topics to be covered include the future of
transport and how local government can benefit, and an update on
the state of the country's infrastructure by Infrastructure
Australia CEO, Romily Madew.
More...
Victoria
EPA Charter of Consultation open for comment
Victoria EPA is encouraging community members to have
their say in the development of a Charter of Consultation. EPA has
created a Draft Charter to lead the discussion, which is available
for public comment here.
To have your say and shape the future of environmental engagement
in Victoria, click
here. Consultation will be open until 10 November 2019.
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.
Queensland
LGAQ: The Final Motions Outcomes from Annual Conference
are now available
25 October 2019 - The
Annual Conference 2019 Motions Outcomes are now available. A
total of 88 motions were submitted at the 2019 Annual Conference,
with three withdrawn.
LGAQ: How will the 1080 stockpile depletion impact your
council?
It is anticipated that this consultation process will
result in a 1080 supply strategy developed collaboratively with
local government, industry and landholders. Feedback was required
by 1 November 2019 (24 October 2019).
More...
21 local government areas to receive new land valuations
in 2020
Landowners in 21 Queensland local government areas
(LGAs) will receive new land valuations in March
2020. In LGAs where new valuations are not issued in 2020, the most
recent annual valuation will remain effective for rating, land tax
and state land rental (18 October 2019).
More...
PCA: Local Government Electoral amendments passed
The Queensland Parliament has passed the
Local Government Electoral (Impending Stage 2 of Belcarra) and
Other Legislation Amendments Bill 2019. The Bill aims to
improve transparency and public accountability of local government
elections in line with State and Commonwealth electoral and
governance frameworks. To access a copy and to view the Explanatory
Notes explaining the amendments, click
here. (18 October 2019).
More...
LGAQ: Government releases Belcarra Stage 2 support and
resources
The Queensland Government has released a suite of
materials to support elected members and prospective local
government candidates (18 October 2019).
More...
Stage 2 changes
Stage 2 commences on 1 July 2019 and introduces the
remaining waste-related ERAs.
The information sheet
Fees for new waste environmentally relevant activities (ERAs)
details the new fees that apply for waste-related ERAs from the
first anniversary day after 15 November 2019 or the next
anniversary day if the environmental authority is amended before 15
November 2019.
North Queensland Regional Plan
The
draft NQ Regional Plan is a 25 year strategic, statutory
planning document for the local government areas of Burdekin,
Charter Towers, Hinchinbrook, Palm Island and Townsville.
Consultation on the draft document closes on 22 November 2019. For
more information please click here.
Consultation: Gold Coast Line – new stations
Open until 8 November 2019. Have your say on the concept
designs for the three planned new rail stations on the Gold Coast
line at Pimpama, Merrimac and Helensvale North.
More...
Note: Safer Buildings: Parts 2 and 3a deadlines
extended
Bodies corporate and building owners across Queensland
have been given additional time to complete Parts 2 and 3a of the
Safer Buildings combustible cladding checklist. The new deadlines
will be as follows: Part 3a: extended from 27 August 2019 to 31
October 2019.
More...
PCA: Reef regulations amendment Bill passed by
Parliament
The
Environmental Protection (Great Barrier Reef Protection Measures)
and Other Legislation Amendment Bill 2019 was passed on 19
September 2019 with the
new Reef protection regulations proposed to come into effect on
1 December 2019.
More...
LGAQ: Container Refund Scheme (CRS) – Revenue
sharing arrangements
Transitional arrangement provisions in the Waste Reduction
and Recycling (Container Refund Scheme - Material Recovery
Agreements) Amendment Regulation 2019 has been extended to 31
December 2019, allowing more time to find a sustainable (default)
arrangement.
More...
Waste tyre receivers in Queensland now need an
environmental authority
An environmental authority (EA) is now
required for activities that involve receiving and sorting,
dismantling, baling or storing greater than 4t or 4m3 of
end-of-life tyres at any one time.
Learn more about the waste changes. Current operators have
until 23 November 2019 to hold an EA.
Reminder: Central Queensland Bushfires Flexible Funding
Grants Round 2
Grants of up to $150,000 are available to help Central
Queensland communities Banana, Bundaberg, Central Highlands,
Gladstone, Isaac, Livingstone, Mackay and Rockhampton. Closed on 5
November 2019. NOTE: Recipients of Round One grants are also
encouraged to apply.
More...
Cases
Clarence City Council v Commonwealth of
Australia [2019] FCA
1721
COSTS – no reason to depart from usual order –
no separate events
In each proceeding, the applicant pay the second respondent's
costs of the proceeding, including the costs of the second
respondent's cross-claim against the first respondent.
Held: On 24 September 2019, I made orders dismissing both
proceedings on the ground that the councils had no standing to seek
the declaratory relief the subject of their application.
Lady Crown and on Behalf of Ngati Rangihou Corrangie Hapu
Dba Office of the Crown v Parramatta City Council, in the matter of
Parramatta City Council [2019] FCA
1668
CORPORATIONS – application for order that Parramatta
City Council be wound up in insolvency – whether council is a
"body corporate" within the meaning of the Corporations
Act 2001 (Cth)
PRACTICE AND PROCEDURE – application for summary dismissal
– no basis for entitlement to relief sought –
originating process summarily dismissed
Corporations Act 2001 (Cth) ss 9, 112, 119, 459A, 459E, 459G, 459P,
459Q
Judiciary Act 1903 (Cth) s 78B; Local Government Act 1993 (NSW) ss
7(a), 219, 220
Queensland
22 October 2019
Application
filed by the State of Queensland v Queensland Council of Unions
& Ors [2019] QIRC 151 (B/2019/32; B/2019/33; B/2019/34)
O'Connor VP Thompson IC Hartigan IC 27 September 2019
21 October 2019
In the
termination of the Cairns Regional Council Certified Agreement
2012 [2019] QIRC 147 (CB/2019/77) Industrial Commissioner Dwyer
15 October 2019
In the making of the Cairns Regional Council Certified Agreement 2019 [2019] QIRC 148 (CB/2019/78) Industrial Commissioner Dwyer 15 October 2019
Legislation
Victoria
Date of second reading speech: 16 October 2019
Building Amendment (Cladding Rectification) Bill 2019
Date of second reading speech: 16 October 2019
Melbourne Strategic Assessment (Environment Mitigation Levy) Bill
2019
Queensland
Bills
Electoral
and Other Legislation Amendment Bill 2019
Introduced by: Hon Y D'Ath MP on
1/05/2019
Stage reached: Passed with amendment on 16/10/2019
This Bill was passed on 16 October 2019 but is yet to receive Royal
Assent. The Bill implements important reforms to improve the
integrity, transparency and public accountability of the
state's electoral system.
Local
Government Electoral (Implementing Stage 2 of Belcarra) and Other
Legislation Amendment Bill 2019
Introduced by: Hon S Hinchliffe MP on
1/05/2019
Stage reached: Passed with amendment on 16/10/2019
Transport Legislation (Disability Parking Permit
Scheme)
Introduced by: Mr N Dametto MP on
16/10/2019
Stage reached: Referred to Committee on 16/10/2019
Subordinate legislation as made – 18 October
2019
No 207
Transport Infrastructure (Public Marine Facilities) (Fees)
Amendment Regulation 2019
No 208
Building (Approval of Amendment of QDC) Amendment Regulation
2019
Subordinate legislation as made - Reminder
No 196
Environmental Protection (Rehabilitation Reform) Amendment
Regulation 2019
This Regulation amends the Environmental Protection Regulation 2019
to implement the rehabilitation reforms under the Environmental
Protection Act 1994 (EP Act) to: support decisions
under the EP Act in relation to Progressive Rehabilitation and
Closure Plan (PRCP) schedules; support the
implementation of Public Interest Evaluations; and set the date for
commencement of the PRCP framework as 1 November 2019.
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.