In the media
New measures in legislation to safeguard critical
infrastructure
Legislation to safeguard Australia's critical
infrastructure and strengthen the Government's national
security posture against risks of sabotage, espionage and coercion
in the electricity, gas, ports and water sectors has commenced (20
July 2018).
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Experts call for action on council governance
State governments are being urged to tackle legislative
inconsistencies and improved governance frameworks in the wake of
Queensland's Ipswich Council being stood down (17 July 2018).
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The issues Australians are reporting most to local
councils
Parking, dumped rubbish and pavement issues are our
biggest frustrations with Australian councils, according to new
data (17 July 2018).
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Council museums in 'precarious funding
environment'
Local government has found itself responsible for
Australia's growing array of local museums and a new analysis
highlights many are struggling with staffing and resourcing (17
July 2018).
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Government fares worst for customer experience:
survey
The majority of citizens find their interactions with
government services to be disconnected, slow and lacking in
customer engagement, research finds (10 July 2018).
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Green light for 136 regional projects
The Federal Government has announced that it will invest
more than $208 million in 136 projects under round two of the
Building Better Regions Fund-Infrastructure Projects stream.
Applications for the third round of funding are expected to open in
coming months (20 July 2018).
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Queensland
Brisbane cinema wars see iconic Red Hill Skate Rink
development on hold
A $10 million redevelopment proposed by Five Star Cinemas
at the prominent location was given the green light by Brisbane
City Council last year. But the Reading Group, a subsidiary of
Newmarket Properties Pty Ltd, is seeking to have the approval
overturned in the Planning and Environment Court (17 July 2018).
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Suspended Logan mayor Luke Smith charged with
assault
Suspended Logan mayor Luke Smith is charged with assault,
obstructing police and wilful damage, and is taken to Beenleigh
watch house with a bloody wound to his forehead after being
arrested at Meadowbrook (20 July 2018).
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QLS: referral of controversial Bill to sack Ipswich City
Council to committee a wise and necessary step
The state government's decision to refer the draft
Bill to dismiss Ipswich City Council to committee was a necessary
one to ensure the public had faith in the proper process on
introduction of new laws, according to Queensland Law Society (17
July 2018).
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Ipswich City Council dismissal legislation referred to
parliamentary committee
A draft Bill to dismiss Ipswich City Council has been
referred to State Parliament's Economics and Governance
Committee for consideration (17 July 2018).
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'Profoundly regrettable': Qld Government slammed
over new move to sack Ipswich City Council
The Queensland Government will draft laws specifically to
sack Ipswich City Council and bring in administrators, in the wake
of councillors taking it to court to stall the process (10 July
2018).
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Update on pedestrian crossing for Pimpama State Primary
College
Gold Coast City Council and the State Government are
continuing to work with the Pimpama State Primary College
(PSPC) to establish a safer crossing option for
students as soon as possible (13 July 2018).
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Short-Term Letting 'Code of Conduct'
floated
The State Government is responding to changes in
Queensland's short-term letting sector with plans to introduce
a 'Code of Conduct', particularly focused on regulating
accommodation listed on peer-to-peer and sharing platforms. The
industry reference group is expected to provide a list of
recommendations for government before the end of the year (12 July
2018).
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Far North Queensland councils prepare for climate
change
The Far North Queensland coastline will be better
protected from erosion and the potential impacts of rising sea
levels thanks to funding from the Palaszczuk Government (12 July
2018).
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$409,000 for Livingstone Shire Council to prepare for
sea level rise
Protecting the Capricornia coastline from erosion, tidal
surges and the changing climate has been boosted by more than
$400,000 funding from the Palaszczuk Government (12 July 2018).
More...
$392,000 for Gympie Council to address climate change
impacts
Protecting the Gympie region from the changing climate and
the threat of storm tide flooding has been boosted by $392,727
funding from the Palaszczuk Government (12 July 2018).
More...
$430,000 for Cairns Council to address climate
change
Protecting the Cairns coastline from erosion and the
impacts of climate change has been boosted by more than $430,000
funding from the Palaszczuk Government (12 July 2018).
More...
Council parks, play spaces take out top honours
The transformation of a sloped car park into a vibrant
green community space and a project to increase public use of urban
waterway corridors are among the local government initiatives
recognised in recent awards (10 July 2018).
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LGAQ: Good move on short-term letting
Queensland councils have welcomed the Palaszczuk
Government's response to short-term letting facilitated by
online booking agencies. The LGAQ President said the "code of
conduct" the Government was proposing and the introduction of
a system for data sharing would help councils manage the impact of
short-term letting in their local communities (10 July 2018).
More...
New South Wales
LGNSW Tackling the National Sword recycling crisis
Local government representatives from across NSW will come
together in Sydney today to discuss how best to respond to
Australia's recycling crisis following China's National
Sword Policy. Councils in NSW are already seeking support to
develop markets for recycled glass, paper and plastics; working
proactively to improve the quality of what's in the recycling
bin, and reducing recycling contamination levels (20 July 2018).
More...
Lake Macquarie adopts smart city to drive jobs,
innovation
Partnership between a council, an economic development
company and a network provider delivers Australia's first smart
city network across a local government area (20 July 2018).
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Council wants statewide cat cap to curtail numbers and
'put dogs on level playing field'
A local council on the south-west fringe of Sydney is
lobbying the State Government to limit the number of cats
non-breeders can own in New South Wales (19 July 2018).
More...
'I won't resign': NSW MP refuses to quit
Parliament over ICAC revelations
NSW MP Daryl Maguire will not contest next year's
state election, but is refusing to quit Parliament immediately
following explosive revelations to the corruption commission that
he attempted to receive money for helping arrange a property deal
(16 July 2018).
More...
In practice and courts
Queensland
Local Government Bulletin
06/18 Annual GST Certificates for 2017–18
This bulletin is to remind local governments that they must, by no
later than 15 September 2018, give the Director-General of the
Department of Local Government, Racing and Multicultural Affairs a
certificate stating that the local government has paid notional
Goods and Services Tax for the 2017-18 financial year.
BCC LGIP amendments
Development applications submitted from 2 July 2018 are
subject to new infrastructure charges, due to a recent amendment in
Brisbane City Council's, Brisbane City Plan
2014. Amendments revise the
Local Government Infrastructure Plan (LGIP) and change the
planning horizon to a 10-year term, with a 'Long-term
Infrastructure Plan' applicable after 30 June 2026 (12 July
2018).
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Ministerial and Other Office Holder Staff and Other
Legislation Amendment Bill 2018
Introduced by Economics and Governance Committee:
05/07/2018
This report presents a summary of the Economics and Governance
Committee's examination of the Ministerial and Other Office
Holder Staff and Other Legislation Amendment Bill 2018. The
committee's task was to consider the policy outcomes to be
achieved by the legislation, as well as the application of
fundamental legislative principles, that is, to consider whether
the Bill had sufficient regard to the rights and liberties of
individuals, and to the institution of Parliament.
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LGAQ: We answer your vegetation management
questions
The Local Government
Association of Queensland (LGAQ) has prepared
a list of 'Frequently Asked Questions'
(FAQs) to answer 19 questions that specifically
relate to local government activities regarding the recent
legislative changes to the Vegetation Management Act 1999
(VMA) and the Planning Regulation 2017(Planning
Regulation) (11 July 2018).
More...
Have your say on the future of packaging
The Australian Packaging Covenant Organisation
(APCO) wants your feedback on their 'Towards
2025 – Directions Paper'. Add your comments to the LGAQ
submission due Friday, 10 August 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.
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.
New South Wales
New Codes for Medium Density and Greenfield
Housing
Two new housing codes have come into effect, introducing
a complying development approval pathway for medium density
development and housing in greenfield areas. Implementation of the
new Medium Density Housing Code commenced on 6 July 2018 for 60
percent of councils. Fifty councils have been granted a deferral
for one year (until 1 July 2019). A
Planning Circular issued on 11 July requires councils to
'consider the Design Guide for DAs they are assessing a DA for
this type of housing' until they have appropriate controls in
place in their development control plan.
Contaminated Land Regional Capacity Building
Grants
The NSW Environment Protection Authority
(EPA) is offering grants of up to $140,000 per
year for three years, to groups of councils in regional NSW to
employ skilled contaminated land professionals. The
Council Regional Capacity Building Program aims to help
councils build capacity to manage contaminated land issues. The EPA
offered grant application assistance, free of charge, until 27
July. Applications close 17 August 2018.
Cases
Queensland
Ko v Brisbane City Council [2018]
QPEC 035
PLANNING AND ENVIRONMENT – APPEAL – appeal
against refusal of an application for a material change of use for
Multiple dwelling in the LMR zone – whether development is
located within easy walking distance of a public transport node
– whether a decision to approve would conflict with City Plan
2014 – whether sufficient grounds to approve despite
conflict.
New South Wales
Chief Executive, Office of Local Government v
Cornish [2018] NSWCATOD 110
TRADES AND OCCUPATIONS – misconduct by Councillor
who failed to comply with Council resolutions – relevant
considerations – suspension of right to payment.
King v Liverpool City Council (No.3)
[2018] NSWSC 1047
CIVIL PROCEDURE – representative proceedings –
personal injury claim – settlement approval – Civil
Procedure Act 2005, s 173 – claim unlikely to succeed
– no opposition by group members – satisfied that the
settlement is in the plaintiff's interests – settlement
approved.
Adam Hughes Pty Ltd v Penrith City
Council [2018] NSWLEC 1369
DEVELOPMENT APPEAL – residential flat building
– area in transition – urban design of the building
– amenity of future residents – building height
exceedance - desired future character – site isolation and
orderly development –weighing of impact of site isolation in
overall merit assessment – appeal upheld.
Donnellan v Armidale Regional Council
[2018] NSWLEC 1372
APPEAL – development application – two-lot
subdivision of land – weight to be given to DCP – lot
layout and design – whether kerb and guttering required
– whether consent would create an undesirable precedent.
Luna Park Sydney Pty Ltd v Minister for
Planning [2018] NSWLEC 89
JUDICIAL REVIEW – staged development –
distinction in question between consent for use of land and consent
for works to enable that use – approvals encompassed only use
of land – proceedings dismissed.
Lane Cove Council v The Owners – Strata Plan No
88649 [2018] NSWCATAP 171
HOME BUILDING CLAIM – defects and statutory
warranties – no evidence or no reasonable basis for
conclusion – failure to provide proper reasons –
whether rectification work was a necessary and reasonable course to
adopt – failure to provide procedural fairness.
Bardari Pty Ltd ATF the BHK Trust v Waverley
Council [2018] NSWLEC 1363
DEVELOPMENT APPLICATION – Mixed use development
– impact on neighbouring properties – heritage –
height.
Port Macquarie-Hastings Council v
Mansfield [2018] NSWLEC 107
SUBPOENA – Application to set aside subpoenas to two
companies on several grounds – whether they inappropriately
rely on information obtained by the tainted use of a coercive
investigation power – legitimate forensic purpose –
abuse of process – ulterior purpose – other subsidiary
objections.
Parker Logan Property Pty Ltd v Woollahra Municipal
Council [2018] NSWLEC
1336
DEVELOPMENT APPLICATION – Residential flat building
– SEPP affordable rental housing – view loss.
Chulatunga v Randwick City Council
[2018] NSWLEC 1348
DEVELOPMENT APPLICATION – carport – parking at
front of dwelling – streetscape – neighbourhood
character – visual amenity – structural design –
site frontage – on property parking – landscaping
– visual domination.
Legislation
Queensland
Subordinate legislation as made – 20 July
2018
No 103
Proclamation—Local Government (Councillor Complaints) and
Other Legislation Amendment Act 2018 (commencing certain
provisions)
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.
