In the media
ALGA, LGAQ and MAV respond to Productivity
Commission's national transport inquiry
The Australian Local Government Association has told a
Productivity Commission inquiry that an Australian Government
investment of $200m per annum would help local councils play their
role in building a national transport network that boosts the
economy, creates thousands of jobs, and handles future freight
growth (19 July 2019).
More...
Prime Minister unveils new regional parliamentary
committee and statement
The Coalition will establish a House of Representatives
Select Committee to examine the future of rural and regional
Australia, and make it a permanent office within the Department of
Prime Minister and Cabinet (19 July 2019).
More...
Local government's child safety obligations
The Federal Government has reminded local councils of
their obligations to ensure safe environments for children
following the Royal Commission into Institutional Responses to
Child Sexual Abuse (19 July 2019).
More...
New AUS-SPEC Rural Roads specification
A new specification for rural roads has been released that
aims to significantly improve the structural integrity, safety and
performance of sealed and unsealed roads, thereby helping local
councils better serve their communities (19 July 2019). More...
Ministers agree to national approach on Building
Confidence report
Building Ministers from the federal, state and territory
governments have agreed on a national approach to enacting
recommendations in the 2018 Building Confidence report which aimed
to improve compliance and enforcement systems for the building and
construction industry. Two resolutions about cladding, which passed
the National General Assembly last month, will shortly be
considered by the ALGA Board - (57), by City of Melbourne and
(57.1) by Blacktown City Council (NSW) (19 July 2019).
More...
Fluoridation of Public Water Supplies
The TGA has clarified that state and territory governments
will continue to be responsible for regulating fluoride in
reticulated drinking water. Legislative amendments made on 11 July
2019 put an end to any uncertainties about regulatory
responsibility by explicitly excluding fluoridated drinking water
from the scope of Australia's therapeutic goods legislation (17
July 2019).
More...
Public housing shifts to community sector
The supply of social housing has failed to keep pace with
the growth of households in need of housing assistance, with
government-provided housing increasingly being transferred to the
community sector (18 July 2019).
More...
Local councils vote for a referendum
Australia's councils have voted to demand a referendum
giving local government constitutional recognition. The motion,
calling for the government to initiate a referendum "at the
earliest opportunity", was carried 201 votes to three at the
National General Assembly of the Australian Local Government
Association in Canberra (17 July 2019).
More...
Public sector fraud cost Commonwealth $42m
The Commonwealth fraud investigations 2016-17 report
published this month by the Australian Institute of Criminology
says there has been an 86 per cent increase in internal
Commonwealth fraud investigations, with the most common forms of
internal fraud related to misuse of government credit cards, misuse
of procurement payments and misuse of cash (12 July 2019).
More...
Queensland
LGAQ: Making the Waste Levy work for councils
There has been considerable debate surrounded the
introduction of the Queensland waste levy, it's amount, its
timing, the levy zone and the impact on ratepayers (19 July 2019).
More...
More than 900 councillor conduct complaints made in last
financial year
A record 917 complaints were made about councillor conduct
in the past financial year with the Office of the Independent
Assessor receiving 824 complaints in just over six months, and 240
in the last quarter. This is a 466% increase in the number of
complaints received and raised 1,200 separate issues or allegations
(16 July 2019).
More...
Professional indemnity insurance and private building
certification update
In a win for Queensland councils, the risks, costs and
workload for building certification will not be shifted onto local
governments and steps have been taken to protect the private
building certification industry in Queensland (18 July 2019).
More...
Victoria
Cladding Taskforce report released
The Victorian Government this week announced a significant
assistance package for rectification of buildings identified as
higher-risk through the cladding audit. The Victorian Cladding
Taskforce also released its final report. Included in its
recommendations is the development of a protocol for relationships
between the Victorian Building Authority and councils (18 July
2019). More...
Reiterating the roadmap to rescue our recycling
system
In March the Municipal Association of Victoria released a
Rescue Our Recycling Action Plan identifying solutions and actions
needed by all three levels of government. At the Federal level, we
need the introduction of mandatory product stewardship for all
products that generate waste – to influence and encourage
designers and manufacturers to create products that generate no or
minimal waste (15 July 2019).
More...
Fears Victorian plan to boost local council diversity
will see fewer minorities elected
There are fears a Victorian Government plan to boost
diversity in local council ranks will instead reduce the chances of
women and minor parties being elected into local government (14
July 2019).
More...
NSW
Why NSW needs a revised medium density housing
code
The Low Rise Medium Density Housing Code has attracted
criticism from those concerned with suburban over-development,
amenity and the role of state government in local planning. The
planning institute asserts that the application of the code should
be able to be tailored based on the character, accessibility and
heritage factors substantiated in a local housing strategy (09 July
2019).
More...
NSW planning chief declares end to silo wars
The NSW planning system is in need of cultural reform, the
new department head says. The new mega-cluster Mr Betts heads
includes six ministers and a staff of 11,000, and covers a broad
policy portfolio of environmental regulation, local government,
primary industries, agriculture, fisheries, forestry, food, farms
and energy (09 July 2019).
More...
In Practice and Courts
Current Senate Inquiries - Legal and Constitutional Affairs Legislation Committee
Criminal Code Amendment (Agricultural Protection) Bill
2019 [Provisions]
The Bill would amend the Criminal Code Act 1995
to introduce two new offences relating to the use of a carriage
service to incite trespass, property offences, or other offences on
agricultural land. On 4 July 2019 the Senate referred the
provisions of the Criminal Code Amendment (Agricultural Protection)
Bill 2019 to the Legal and Constitutional Affairs Legislation
Committee for inquiry. The deadline for submission to the inquiry
was 31 July 2019.
More...
Model Work Health and Safety Laws
Safe Work Australia is inviting councils to comment on the
recommendations of the
2018 Review of the model Work Health and Safety (WHS) laws. The
Consultation RIS
was prepared in accordance with the Council of Australian
Governments'
Best Practice Regulation: A guide for ministerial councils and
national standard setting bodies.
More...
National Heavy Vehicle Law Review Issues Paper 3
The NTC has published information
outlining its approach to the current review of National Heavy
Vehicle Law. The NTC is inviting stakeholders to provide feedback
between February 2019 and February 2020. The third issues
paper – Easy Access to Suitable Routes - has now been
published, focussing on making access for heavy vehicles to local
road networks easier. Feedback on this paper closes on 16 August
2019.
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...
Queensland
QLD councils - a free resource for a plastic free
community
The Boomerang Alliance, through the Plastic Free Places
program has developed a set of guidelines for councils to help
transition communities to plastic free environments (19 July 2019).
More...
LGAQ: Commitment to mine and quarry safety
Update for councils involved in quarry operations (16 July
2019).
More...
State Archives consultation on record keeping - for the
safety and wellbeing of children
Implementation of a new disposal authorisation and
guideline will have implications for the management of records
within councils (16 July 2019).
More...
OIA's Insight
The OIA's Insight examines councillor conduct
complaints and delivers on the Independent Assessor's
commitment to transparent and accountable complaints management. As
at 30 June, 79 investigations were on hold or pending outcomes in
other jurisdictions (16 July 2019).
More...
Commissioners corner: Conflicts between duties and dual
responsibilities
An emerging issue is that of Council owned corporations or
entities and potential conflicts between duties arising for
councillors appointed to these entities (as Board Directors). This
dual role situation can give rise to complex conflict of interest
issues (12 July 2019).
More...
NOTE: The OIC has recently developed a framework and meeting aid
for multi-member decision-making bodies, including Boards and
entities, to assist in identifying and managing conflicts.
More...
Department of Transport and Main Roads
Consultation: Draft transport noise corridor
modelling
The new released
draft transport noise corridors (TNCs) for
state-controlled roads and railways now take into account
additional factors known to influence the extent of noise impacts
such as terrain and buildings. This means the new TNCs more
accurately represent noise impacts on residential properties
adjacent to state-controlled roads and railways.
Building and Plumbing Newsflash—Latest editions
No 566
Redland City Council designates transport noise corridors (11
July 2019)
Energy from Waste policy discussion paper: Have your
say
It is expected that this policy will provide greater
certainty for the waste sector and local council. Provide your
feedback for the LGAQ submission by Monday 19th August 2019 (10
July 2019).
More...
LGAQ: Local Government Legislation Amendment Regulation
2019 - Committee Report
The committee identified no issues regarding the
subordinate legislation's consistency with FLPs, or its
lawfulness. The explanatory notes comply with the part 4
requirements of the LSA. There are no changes to the legislation
(10 July 2019).
More...
Draft North West Queensland Economic Diversification
Strategy: Consultation
The draft outlines a number of diversification initiatives
to create jobs across the key economic drivers of resources,
agriculture, tourism, and broader business and industry.
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 2: extended from 29 May 2019 to 31 July 2019
Part 3a: extended from 27 August 2019 to 31 October 2019
More...
Victoria
Victoria Parliament Consultations
Inquiry into the Conduct of the 2018 Victorian State
Election
The Committee is inviting people to submit their views on
how the election was conducted and suggestions on how things could
be improved. Issues to be examined include enrolling, being a
candidate and voting. Submissions close on 30 August 2019. More...
Recycled Material in Roads
To assist councils in achieving sustainability in road
design, the Office of Projects Victoria, NATSPEC, Sustainability
Victoria, IPWEA Victoria, and the Civil Contractors Federation are
reviewing engineering standards to increase the use of recycled
materials in the construction of local roads.
More...
Victorian Local Government Rating System Review
The Victorian Government is conducting a full review into
the Victorian Local Government Rating System. The review will
conclude in March 2020, when the Panel provides their
recommendations to the Minister.
More...
NSW
New ICAC public inquiry into lobbying to start 5
August
Commencing on Monday 5 August 2019, the ICAC will hold a
public inquiry as part of a new investigation it is conducting into
the regulation of lobbying, access and influence in NSW
(Operation Eclipse) (18 July 2019).
More...
The Low Rise Medium Density Housing Code has been
deferred to allow for an independent review
The existing one-year deferral of the Low Rise Medium
Density Housing Code in 49 council areas expired on 1 July 2019.
The State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 (Codes SEPP) has been amended to
extend this deferral for 45 councils for a further short period,
until 31 October 2019, to allow for an independent review to be
undertaken of the Code.
More...
New dates for Environmental Planning & Assessment
Act Updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act
updates. Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans. CPPs must be finalised and
published on the ePlanning portal by 1 December 2019.
Plain English Guide to the Planning System
The NSW Department of Planning, Industry and Environment
is developing a plain English guide to the planning system, in
response to a recommendation in the
Kaldas review. The department is seeking input on what should
be covered in the guide, including frequently asked questions about
the planning system and any specific needs you might have. Submit your
feedback via email to the department (12 July 2019)
Cases
Queensland
In the making of the Rockhampton Regional Council Certified
Agreement 2018 – Internal Employees [2019] QIRC 103
INDUSTRIAL LAW – COLLECTIVE BARGAINING –
Application for certification of an agreement – Requirements
for certification – Agreement certified
Ertech (Queensland) Pty Ltd v Brisbane City
Council 12/07/2019
Allocation of costs
Ipswich City Council v BWP Management Limited &
Anor (No 2) [2019] QLAC 2
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND
TERRITORY COURTS – COSTS – where s 57A of the Land
Court Act 2000 provides the Land Appeal Court may order costs
for an appeal as it considers appropriate, including the costs of
the proceedings below – where the decision appealed against
concerned the interpretation of the Ipswich City Council's
budget – where the appellant succeeded – where the
respondent in the appeal argued, inter alia, that the case involved
novel circumstances, was arguable, and served a public interest
– where the Court ordered that the respondent pay the
appellant's costs below and on appeal. Land Court Act
2000 Qld s 57A
NSW
Wollongong City Council v Papadopoulos
[2019] NSWCA 178
DAMAGES – breach of contract – calculation
of economic loss – respondent operated kiosk on premises
licensed from appellant – appellant breached licence
agreement – no evidence of damages – primary judge used
ATO "benchmarks" for restaurant businesses to derive
likely lost profits – whether primary judge could take
judicial notice of benchmarks – whether benchmarks capable of
sustaining damages calculated by primary judge – whether
nominal damages should be awarded or the matter remitted TRIAL
– procedural fairness – court invited appellant's
counsel to attend to make further submissions on damages after
judgment reserved – no response from counsel –
invitation repeated by court – appellant's counsel
supplied written submission opposing further hearing – court
proceeded to assess damages against appellant without further
hearing – whether course adopted by court procedurally
unfair
Affidavit under Part IV of the Trustee Act by
Tenterfield Shire Council [2019] NSWSC
894
LAND LAW – property sold by Council under Ch 17
Pt 2 Div 5 of the Local Government Act 1993 (NSW) –
net proceeds of sale paid into Court under Div 4 Pt 70 of Supreme
Court Rules 1970 and Pt 4 of the Trustee Act 1925 (NSW)
– entitlement to net proceeds of sale in Court LAND LAW
– whether at time of sale, the Property was owned solely by
Lucille Walsh, solely by the estate of the late Jeanette Walsh, or
jointly by the estate of Jeanette and Lucille as tenants in common
– whether joint tenancy between Jeanette and Lucille had been
severed – whether prior to the sale of the Property, Mr
Sean
Georges River Council v WK Strong Pty
Limited;Georges River
Council v Awada [2019] NSWLEC 97
OFFENCES AND PENALTIES – sentence –
cutting trees without development consent – breaching
condition of development consent to retain and protect trees
– individual offender and his company – objective
seriousness – low environmental harm – foreseeable risk
of harm – practical measures to prevent harm – control
over causes – offences of low objective seriousness –
subjective circumstances of offenders – no prior convictions
– prior good character – early guilty pleas –
genuine remorse – assistance to authority – totality
principle – adjustment of fines for multiple offences –
s 10 order dismissing charge against individual offender –
costs ordered
Landmark Group Australia Pty Ltd v Council of the City
of Sydney [2019] NSWLEC 1338
DEVELOPMENT AND MODIFICATION APPLICATIONS –
mixed use development across three building envelopes approved by
Stage 1 concept consent – detailed design seeks modification
to approved concept consent including to conditions – Court
approved Stage 1 on basis of s 34 agreement – whether design
achieves design excellence – height non-compliance –
adequacy of clause 4.6 – adjoining heritage item –
solar access – natural cross ventilation – future
amenity of apartments – neighbour objections
Alexandria Landfill Pty Ltd v Roads and Maritime
Services;Boiling Pty
Limited v Roads and Maritime Services (No 6)
[2019] NSWLEC 98
COMPULSORY ACQUISITION – compensation payable
for acquisition of two lots in St Peters – site used for
landfilling and waste operations – hypothetical development
concepts for highest and best use of Lot 2 – Discounted Cash
Flow valuation methodology employed – claims for losses
attributable to disturbance – claims for special value
– claims based on agency – construction of s 59(1)
Land Acquisition (Just Terms Compensation) Act.
Pluteus (No 81) Pty Ltd v O'Neil
[2019] NSWSC 923
RESIDENTIAL TENANCIES – claim for possession
– whether residents in possession pursuant to lease or
licence – where notice of termination purportedly given
– where residents in occupation of property for several
months after notice of termination purportedly given – writ
of possession granted
Captive Vision Pty Ltd v Ku-ring-gai
Council [2019] NSWLEC 1331
JOINDER – application for joinder –
Crown's right to appear
Environment Protection Authority v Sydney Water
Corporation [2019] NSWLEC 100
ENVIRONMENTAL OFFENCE – pollution of waters
– breach of environment protection license – plea of
guilty – discharge of sewage effluent – sentencing
principles – determination of the objective seriousness of
the offence – extent of environmental harm –
application of De Simoni principle – test for criminal
negligence – whether criminally negligent – subjective
circumstances of the defendant – prior convictions –
discount for early guilty plea – assistance to authorities
– comparable cases – monetary penalty imposed –
publication orders made, including on social media – costs
orders made
Kidd v Georges River Council
[2019] NSWLEC 1296
DEVELOPMENT APPLICATION – subdivision of land
– one lot into two Torrens title lots – is the
Applicant's written request under cl 4.6 of Kogarah LEP well
founded – is compliance with the standard unreasonable or
unnecessary – whether the Applicant's environmental
planning grounds are sufficient
Antoine Street Holdings Pty Ltd v Parramatta City
Council [2019] NSWLEC 1317
DEVELOPMENT APPLICATION – childcare centre
– retro fit of partly constructed shop top housing
development – suitability of the site for a childcare centre
– acoustic impacts on adjoining residential uses –
location of childcare playroom above existing subfloor OSD
system
Kennard v Fite [2019] NSWLEC
1327
TREES (DISPUTES BETWEEN NEIGHBOURS) – high
hedges – views and privacy
Micro Nest No 1 Pty Ltd on behalf of Micro Nest
Ashfield Trust v Inner West Council [2019]
NSWLEC 1320
ENVIRONMENT AND PLANNING – consent - boarding
house – modification application – power to grant
modification – change in occupancy numbers – whether a
correction of a minor error, misdescription or miscalculation
– removal of a condition requiring a covenant limiting
occupants by their income and limiting rent to be charged –
whether removal of condition results in substantially the same
development – whether condition required to be imposed by the
State Environmental Planning Policy (Affordable Rental Housing)
2009 – whether removal will have adverse impact on access to
affordable housing – whether removal will reduce social
inclusion – whether there is an impact on car parking
Georges River Council v WK Strong Pty
Limited;Georges River
Council v Awada [2019] NSWLEC 97
OFFENCES AND PENALTIES – sentence –
cutting trees without development consent – breaching
condition of development consent to retain and protect trees
– individual offender and his company – objective
seriousness – low environmental harm – foreseeable risk
of harm – practical measures to prevent harm – control
over causes – offences of low objective seriousness –
subjective circumstances of offenders – no prior convictions
– prior good character – early guilty pleas –
genuine remorse – assistance to authority – totality
principle – adjustment of fines for multiple offences –
s 10 order dismissing charge against individual offender –
costs ordered
Legislation
Queensland
Subordinate legislation as made – 12 July 2019
No 134 Proclamation No. 1—Queensland Civil and Administrative Tribunal and Other Legislation Amendment Act 2019 (commencing certain provisions) |
Victoria
Local Government Bill 2019 Consultation
The Local Government Bill 2019 will introduce a
new, contemporary framework to support Victoria's councils and
the communities they serve. The
Local Government Bill Reform Paper describes why the new
reforms are being proposed and how they will work.
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.