In the media – National
New global standard affecting local councils acting on
climate
Nearly 30 Australian local councils, including Perth,
Adelaide, Melbourne, Hobart and Sydney, are likely to be affected
by a set of new global recommendations (08 June 2018).
More...
Australia's water resources are being managed
effectively
A new report by the Productivity Commission has found
Australia's water resources are being managed effectively and
that achievements in water reform must be maintained (08 June
2018).
More...
New Parliamentary inquiry into PFAS contamination
A new Parliamentary inquiry will examine the Commonwealth
Government's management of (PFAS)
contamination in and around defence bases (08 June 2018).
More...
Councils failing to act on biggest risks: report
More than half of all councils are failing to execute
practices to "rein in" some of their greatest risks,
including human and environmental issues, according to Aon's
annual risk report on local government (05 June 2018).
More...
New Infrastructure Australia incentive-based
modelling
Infrastructure Australia has published a new report in the
infrastructure Reform Series, Making Reform Happen, which argues
that the Australian Government should make additional investments
in state and territory infrastructure - over and above existing
commitments - in return for the delivery of much-needed reforms (08
June 2018).
More...
More...
Biggest risks for local governments this year
revealed
Infrastructure and financial stability are among the
leading risks for local councils for the year ahead, a new report
has shown. The latest risk report for local governments, published
by Aon, said financial challenges represented some of the largest
challenges for governments across the country for 2018 (02 June
2018).
More...
Consultation key to accessible communities, say
disability advocates
As councils across Australia seek to make their
communities more accessible for residents living with disability,
advocates point to the importance of stakeholder engagement (01
June 2018).
More...
Local Government Safe Cities Network
The National Local Government Drug and Alcohol Committee
was renamed to reflect the environment of local government
responsibilities in supporting community health, wellbeing and
safety (01 June 2018).
More...
In the media – Queensland
'Its going backwards': Crackdown on apartments
and townhouses in suburbia ridiculed by experts
A Brisbane City Council plan to stop townhouses and
apartments being built in areas for single homes could drive up
property prices and is "going backwards" in terms of
urban planning, experts say (08 June 2018).
More...
'Look at the big picture': University solar farm
approved, despite backlash
Residents of a rural Queensland town say they are
"extremely disappointed" a multi-million-dollar solar
farm being built for UQ has been given the green light for
construction on prime agricultural land (07 June 2018).
More...
Councils show support for zero waste plan
Queensland councils showed support for a zero waste plan
by 2028 at the LGAQ waste forum, held this week in Brisbane (07
June 2018).
More...
New anti-corruption laws could have unforeseen
consequences for Queensland democracy
The Queensland Government is being urged to address
concerns new laws targeting council corruption have clogged the
wheels of government in six regions (07 June 2018).
More...
Industry responds to developer donation ban Bill
The Property Council has provided a submission in response
to the
Local Government Electoral (Implementing Stage 1 of Belcarra)
and Other Legislation Amendment Bill 2018. The
Bill seeks to give effect to the Government's proposed ban on
political donations from property developers. This has been opposed
by the Property Council on the basis that it singles out the
property sector for inequitable treatment under electoral laws, and
unduly brands Queensland's biggest non-government employer as a
corruption risk (06 June 2018).
More...
Anxious Kirra Beach caravan park retirees hope Minister
can stop eviction
Secret development plans may be behind the eviction of
about 80 permanent residents living at a Gold Coast caravan park,
Queensland Housing Minister Mick de Brenni says (05 June 2018).
More...
Transforming our recycling and waste industry
The Queensland Government is developing a new resource
recovery and waste management strategy to set the direction for
resource recovery and waste management in our state. The strategy
will be underpinned by a waste disposal levy and will affect 38
local councils across Queensland. (05 June 2018).
More...
Queensland councils reject proposed levy on household
waste
Another grave concern for local government is the lack of
commitment to ensure the levy is returned to where it's needed
most (01 June 2018).
More...
PCA: Industry responds to draft Brisbane Metro
design
The Property Council has provided a submission on behalf
of the industry on the
Brisbane City Council's Metro Draft Design Report. While
expressing support for the project, the Property Council has called
for a wider CBD traffic management plan and outlined the importance
of maintaining vehicle access to buildings along the proposed route
(31 May 2018).
More...
BCC remove Sport & Rec land incentive
The Lord Mayor has announced that Brisbane City Council
will remove the ability to build retirement village and aged care
facilities on sport and recreation zoned land. The proposed changes
to the City Plan 2014 to enable development of
seniors' housing projects on this land had formed part of
Council's broader 2016 package of incentives, aimed at
encouraging age-appropriate developments in Brisbane (31 May 2018).
More...
Brisbane City Council scraps aged care developer
incentives
Less than two years after offering developer incentives to
attract more aged care and retirement facilities to Brisbane, Lord
Mayor Graham Quirk has scrapped the plan. The incentives,
introduced in 2016, reduced infrastructure charges and encouraged
the co-location of facilities on privately-owned sport and
recreation land (30 May 2018).
More...
Council to stop developers building on privately owned
sporting land
Lord Mayor Graham Quirk said it was not his desire to see
the issue of the shortage of aged care and retirement places to be
caught up in community controversy, and will proceed without any
proposed changes to sport and recreation land sites (29 May 2018).
More...
Innovative program expands to protect more
Queenslanders
Disaster resilience plans will be developed for Western
Queensland and the Fitzroy and Mary River Regions as part of a
strategy to make Queensland the most disaster resilient state in
Australia. The plans will be created as part of Resilient
Queensland 2018-21 – Delivering the Queensland Strategy for
Disaster Resilience (31 May 2018).
More...
Plan to deliver a safer, more disaster resilient
Queensland
In a nationwide first for disaster recovery and
resilience, the Palaszczuk Government has launched a statewide plan
that will strengthen Queensland's resilience to natural
disasters. Minister for State Development Cameron Dick said
Resilient Queensland 2018-21 – Delivering the Queensland
Strategy for Disaster Resilience was a blueprint for use
across government, the community, not-for-profit sector, business
and industry (31 May 2018).
More...
Powerful new integrity body to deal with Councillor
complaints
By the end of 2018, Queensland's integrity regime will
include a new independent body charged with investigating
complaints against Local Government Mayors and Councillors (30 May
2018).
More...
Suspended Ipswich Mayor released from custody after bail
breach
Ipswich City Council's suspended Mayor Andrew
Antoniolli is granted bail again after spending the night in
custody in the city's watch house, west of Brisbane, after
being arrested for allegedly breaching bail (30 May 2018).
More...
Iconic newsagency at Brisbane's meeting place closes
after council eviction
One of Brisbane's iconic business, Rankins on the Mall
Newsagency, is closing today after almost 36 years to be demolished
by the council and replaced with a fountain (29 May 2018).
More...
Adani to pay for Isaac council staff working on
Carmichael mine activities
Adani will bankroll the jobs of local government staff
tasked with assessing activities around its Queensland mine
proposal — a deal anti-corruption campaigners say raises
"serious questions" about independent oversight (28 May
2018).
More...
Council denies conflict of interest despite Adani paying
staff wages
Isaac Regional Council insists there is nothing wrong with
Adani paying more than $1 million in wages, housing and car costs
for council staff members whose job is to scrutinise the
company's projects (28 May 2018).
More...
In the media – Victoria
Call for councils to consider automated cars
Local governments need to prepare for the infrastructure
challenges associated with the advent of driverless vehicles, such
as new costs and a hit to revenue, Infrastructure Victoria says (8
June 2018).
More...
In the media – New South Wales
Local government has a key role to play in short-term
holiday letting decision
The peak body for NSW's 128 councils has welcomed the
decision to give local government a role in the management of home
sharing outside Greater Sydney. The NSW Government announced
short-term holiday letting in rural and regional NSW will be
automatically capped at 365 days, and councils given the power to
reduce the cap if needed for their community. In Sydney, a blanket
maximum 180-day cap would apply (06 June 2018).
More...
A kinder government, or just smoke and mirrors?
A NSW Government bid to be "kinder" by reducing
parking fines for overstayers could actually cost all motorists,
residents and ratepayers, the local government sector has said. NSW
Treasurer Dominic Perrottet said the State Government will reduce
parking fines on the roads it maintains, and will allow councils to
do the same on local roads, which make up 90% of the state's
road network (02 June 2018).
More...
In Practice and Courts
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.
They require 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 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, via an online
survey.
Reminder: Round 2 Smart Cities and Suburbs Program
Councils are encouraged to apply for for Round Two of the
Government's Smart Cities and Suburbs Program, which commits
$22 million to support local governments to solve local problems.
To see the full guidelines and to apply click
here, and for more information about the Smart Cities and
Suburbs Program click here.
Applications close on 2 July 2018.
OAIC Key dates
Australian Government Agencies Privacy Code
Commences 1 July 2018
Australia 2021 Census – Have Your Say
The Australian Bureau of Statistics (ABS) is reviewing information in the 2021
Census of Population and Housing to ensure the data collected will
meet Australia's needs to inform decisions made by governments,
community organisations, businesses and individuals. A public consultation has been
launched and councils are encouraged to make a
submission before the 30 June closing date.
National General Assembly (NGA) of Local Government
2018
This year's event is taking place at the National
Convention Centre in Canberra from 17 – 20 June.
The theme for the 2018 Conference is Australia's Future:
Let's make it local. It reflects Local Government's ability
- and potential - to influence the political agenda for the
upcoming federal election.
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
Local Government Bulletin No 4: Increase in the value of
a penalty unit
The purpose of this bulletin is to inform local
governments that: the value of a penalty unit for most offences
under state legislation will increase to $130.55 effective from 1
July 2018; the value of a local law penalty unit for most local
governments will also increase to $130.55 effective from 1 July
2018.
More...
BCC: Brisbane City BluePrint 2018
Future Blueprint - Eight principles and 40
actions to guide our city's next exciting chapter (released
June 2018).
More...
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. Feedback is due Friday, 29 June 2018 (08 June 2018).
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. (07 June 2018).
More...
LGAQ: Planning for airport safety
Public Safety Zones, or PSZs are the designated areas of
land at the end of airport runways where certain planning
restrictions may apply. They are an important area of consideration
for councils impacted by strategic airports in Queensland, who can
help manage the already low risk of an air transport accident
affecting people who live, work or travel in close proximity to
airports (07 June 2018).
More...
Queensland's new resource recovery and waste
strategy
To help develop the new strategy, the Recycling and Waste
Management Stakeholder Advisory Group has been formed. View the
Advisory Group's Terms of Reference
here. The directions for a new strategy and initial details for
the waste disposal levy are outlined in the
Transforming Queensland's Recycling and Waste Industry
Directions Paper which is now available for public submissions.
Submissions close on 29 June 2018.
LGAQ: Have your say on adaptation plan for QLD
A state-wide adaptation plan for Queensland's
biodiversity and ecosystems is being developed.
Here's how Queensland councils can have their say (04 June
2018).
LGAQ: Have your say on the reuse of bio-solids
The LGAQ needs your council's input into how
bio-solids produced by sewage treatment plants are managed and
reused. An "End of Waste" code will replace the current
beneficial use arrangements and legislative requirements due to
expire at the end of the year (28 May 2018).
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
Department of State Development, Manufacturing, Infrastructure and
Planning (25 May 2018).
Resilient Queensland
Resilient Queensland was developed by the Queensland Reconstruction
Authority, Australia's only permanent disaster recovery agency.
The Disaster Resilience Fund will enable local governments, state
agencies and non-government organisations to deliver mitigation and
resilience projects across four years starting in 2018–19, in
parallel with disaster reconstruction works (31 May 2018). More...
Recent changes to legislation – implementation of
Stage 1 of the Operation Belcarra report recommendations and
automatic suspension of Councillors
The purpose of this bulletin is to inform Local
Governments of legislative amendments to provide for the automatic
suspension of Councillors charged with a disqualifying offence and
provide for additional powers of State intervention if it is in the
public interest (28 May 2018).
More...
More...
Local Laws - Queensland Government Gazette
Queensland Government Gazette of 1 June 2018
Planning Act 2016
Gazettal of notice under the Planning Act 2016, s 293 that
on 29 May 2018 the Hinchinbrook Shire Council resolved to adopt a
Planning Act 2016, aligned Hinchinbrook Shire Planning
Scheme 2017 to commence on 2 July 2017.
Planning Act 2016
Gazettal of notice that under Section 21 of the Planning Act
2016 that on 28 May 2018, Scenic Rim Regional Council adopted
a Local Government Infrastructure Plan (LGIP) and
an Administrative Local Government Infrastructure Plan Amendments
(Administrative LGIP Amendments) for the
Beaudesert Shire Planning Scheme 2007, Boonah Shire
Planning Scheme 2006 and Ipswich Planning Scheme
2006. The new plans take affect from 20 June 2018.
Victoria
Improving Stormwater Management Advisory Committee
An
advisory committee has been established under the Planning
and Environment Act to provide advice to the Ministers for
Planning and Water on ways to improve stormwater management, and
strengthen links between planning and urban water management. An
issues paper has been released as a starting point to set the
scene for matters being considered as a lead-up to stakeholder
consultation. The committee is required to prepare a report by
August 2018, with comments on the issues paper accepted until 29
June.
Pick My Project
The State has
committed $30 million in funding to Pick My Project, with
grants between $20,000 and $200,000 available for community ideas
and grassroots projects that make local communities a better place
to live. Applications close on 24 June.
New South Wales
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 will
commence on 6 July 2018.
Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be
included in the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008. In essence; it is a
simplifying of the development process and aligning the
requirements for development across greenfield areas; the planning
rules and the code are also presented in plain English to clearly
explain planning rules.
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).
More...
Cases
Ultimate Property One Management Pty Ltd v Body Corporate
for the Pivotal Point Residential Community Title Scheme
33550 [2018] QCAT
157
It is declared that: (a) The remedial action notices of 24
August 2015 and 21 March 2016 are invalid;
(b) The applicant has complied with the remedial action notice of
22 October 2015; and
(c) The resolution of 7 June 2016 to terminate the caretaking
agreement and letting agreement was invalid and of no effect.
REAL PROPERTY - STRATA AND RELATED TITLES - MANAGEMENT AND CONTROL
- BODY CORPORATE: POWERS, DUTIES AND LIABILITIES - where the body
corporate issued remedial action notices issued under s 131 of the
Standard Module - where the body corporate at general meeting
passed a resolution to terminate the manager's caretaking and
letting agreement on the basis the remedial action notices were not
remedied within time - whether the time allowed to remedy defects
reasonable.
REAL PROPERTY - STRATA AND RELATED TITLES - MANAGEMENT AND CONTROL
- BODY CORPORATE: POWERS, DUTIES AND LIABILITIES - where the body
corporate issued a remedial action notice issued under s 131 of the
Standard Module - where the remedial action notice remedied within
time - where termination pursuant to statute nor under the service
contract available - whether common law termination
available.
CONTRACTS - GENERAL CONTRACTUAL PRINCIPLES - CONSTRUCTION AND
INTERPRETATION OF CONTRACTS - where caretaker had a duty to
maintain a log of relevant matters - where the extent of the duty
unclear under the deed of agreement - where use of extrinsic
evidence of surrounding circumstances available to assist
interpretation - where preceding managers provided no logs of
relevant matters over preceding 9 years to the body
corporate.
CASE: caretaker breach of duty of ensuring that the pool and spa
were cleaned and maintained so as to conform to the local
government regulations within the RAN 3 time for
remediation.
Kelly v Smith [2018] NSWCATAD
122
LOCAL GOVERNMENT - the dismissal of a person from civic
office - irregularity in the manner in which the person has been
elected or appointed to that office – completion of Candidate
Information Sheet allegedly containing incorrect information
– failure to show – necessity of establishing that the
result of the election is uncertain - Civil and Administrative
Tribunal Act 2013; Local Government Act 1997;
Local Government (General) Regulations 2005 (NSW).
Chief Executive, Office of Local Government v
Bagnall [2018] NSWCATOD
84
LOCAL GOVERNMENT ACT 1993 - code of conduct -
misconduct – investigate and report on misconduct –
consideration of penalty – when the Tribunal may dispense
with hearing – appropriateness of suspension, reprimand,
disqualification.
Civil and Administrative Tribunal Act 2013 (NSW);
Crimes (Sentencing Procedure) Act 1999 (NSW); Local
Government Act 1993 (NSW).
Li v Willoughby City Council
[2018] NSWLEC 1262
1. The appeals are upheld.
The emergency order, being Order 2973, made by Willoughby City
Council for 9 Centennial Avenue, Chatswood, pursuant to s 124 of
the Local Government Act 1993 and dated 16 February 2018,
has been sufficiently complied with, pursuant to s 180(4)(d) of the
Local Government Act 1993.
INTERIM HERITAGE ORDER: whether the jurisdiction for the council to
have made an Interim Heritage Order was sufficiently engaged;
whether on further inquiry and investigation the existing dwelling
house on the site is likely to be found to be of local heritage
significance.
Boston Blyth Fleming v Hornsby Shire
Council [2018] NSWLEC
1270
DEVELOPMENT APPLICATION: seniors living development -
residential care facility – compatibility with rural
character.
O.T.A.R Investments Pty Ltd v Burwood
Council [2018] NSWLEC
1272
DEVELOPMENT APPLICATION: Alterations and additions to
heritage buildings for a boarding house; heritage impacts of
height; no parking provided; objections.
Malton Road Development Pty Ltd v Hornsby Shire
Council [2018] NSWLEC
1265
APPEAL: development application: infill self-care housing;
clause 4.6 variation; access pathway; SEPP seniors housing clause
26.
Governor Wentworth Pty Ltd v Council of the City of
Sydney [2018] NSWLEC
1233
MODIFICATION APPLICATION AND DEVELOPMENT APPLICATION:
modification of Stage 1 development consent; Stage 2 development
application; adaptive reuse of former warehouse building,
demolition of adjoining commercial building and construction of a
19 storey mixed use building for hotel and residential
accommodation; no issues pressed following amendments made to the
proposal.
Maloney v Inner West Council
[2018] NSWLEC 1269
DEVELOPMENT APPLICATION: proposed subdivision of land;
Marrickville DCP 2011 section 3.2.2 Control C5; prevailing
cadastral pattern; anomalous street and lot configurations;
interpretation of the term 'same street'.
Platford v van Veenendaal and Shoalhaven City Council
(No 2) [2018] NSWLEC 86
COSTS – judicial review proceedings –
applicant successfully invalidated development consent –
costs follow the event – both respondents filed submitting
appearances – whether consent authority only should be liable
for costs – costs ordered against both consent authority and
beneficiary of consent.
Jakovljevic v City of Ryde Council
[2018] NSWLEC 1257
DEVELOPMENT APPLICATION: multi dwelling housing,
Non-compliance with development standard for site width, slope.
Prajna Monastery Australia Incorporated v Georges River
Council [2018] NSWLEC
1258
DEVELOPMENT APPLICATION: place of public worship, traffic,
amenity, plan of management.
Hamdan Co Group Pty Ltd v Canterbury-Bankstown
Council [2018] NSWLEC
1255
DEVELOPMENT APPLICATION: boarding house; isolated site;
character of local area; setbacks; landscaping; amenity of
neighbours; privacy; overshadowing of aged care facility.
Al-Mabarat
Benevolent Society Limited v Goulburn Mulwaree
Council [2018] NSWLEC
1261
APPEAL: Development application for cemetery;
characterisation; permissibility.
Satmell Holdings Pty Ltd v Blacktown City
Council [2018] NSWLEC
1256
DEVELOPMENT APPEAL: North West Growth Centre urban release
area – Medium Density Residential development –
agreement on planning matters- whether the proposed stormwater
discharge from the site is appropriate – applicable
contributions plan – appeal upheld.
Pemell Newtown Holdings v Inner West
Council [2018] NSWLEC
1254
DEVELOPMENT APPLICATION: boarding house, floor space
bonus, compatibility.
Carbone v Council of the City of Ryde
[2018] NSWLEC 1253
DEVELOPMENT APPEAL: amendment sought to an existing
consent – amenity impacts on adjoining property –
compliance with Council's parking provisions – impacts on
adjoining properties privacy – public interest.
Fairfield City Council v Gray
[2018] NSWLEC 81
SWIMMING POOL - non-compliant fencing - direction given
under the Swimming Pools Act 1992 to rectify
non-compliances - direction not complied with - order sought to
require compliance - order made COSTS - costs sought for
proceedings - costs not appropriate to be ordered for such portion
of the proceeding relating to any invalid emergency order - costs
ordered with respect to proceedings founded on valid direction made
under the Swimming Pools Act 1992.
Central Coast Council v 40 Gindurra Road Somersby Pty
Ltd [2018] NSWLEC
79
INTERLOCUTORY APPLICATION - application to restrain
filling of land – filling allegedly in contravention of
development consents and complying development certificate –
serious question to be heard – balance of convenience,
including protecting public interest, favours restraining the
filling until serious questions heard and determined
–interlocutory injunction granted.
Legislation
Victoria
No 38
Building Regulations 2018
Commencement: 02/06/2018: reg. 3 Not yet in operation: Regs 1-286:
on 02/06/2018: reg. 3
Division 6 —Duties of council 49 Period that documents must
be kept.
50 Relevant council to make documents available on request.
51 Requests for information from relevant council.
52 Fees for requests for information.
The Victorian Commencement Book is available
here.
New South Wales
Bills introduced – Government – 08 June 2018
Fair Trading Amendment (Short-term Rental Accommodation) Bill
2018
Water Management Amendment Bill 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.