In the media
ALGA: Cities housing research projects
The Australian Housing and Urban Research Institute will
take a closer look at cities, including local government
coordination, as part of its new Cities Research Agenda. The Local
Government Co-ordination: Metropolitan Governance in Twenty-first
Century Australia project will "investigate the experiences of
local government in cooperative models of Australian metropolitan
governance, and provide recommendations for policy and the
development (02 August 2019). More...
Murray Darling to get water theft sheriff
Former federal police commissioner Mick Keelty has been
backed as Inspector-General to oversee the Murray Darling Basin as
part of a government bid to crack down on water theft and other
water use breaches (01 August 2019).
More...
How councils are future-proofing themselves against
shrinking regional media
Locals and journalists are the two main casualties that
come up in conversations around regional media closures, but what
about the councils which rely on local titles to get their messages
out into the community (01 August 2019).
More...
Government weighs new green procurement targets
The federal Government is planning new green procurement
targets for all levels of government. The proposed shake-up, which
would require local and state governments to purchase a portion of
recycled materials in public works, has been welcomed by councils
and the waste management sector (01 August 2019).
More...
The 'tiny house' villages tackling
homelessness
From pop-up 'tiny houses' to co-donations, local
governments are taking action to combat homelessness as the number
of people sleeping rough across capital cities continues to mount
(29 July 2019).
More...
Councils call out transport funding shortfall
Australian councils have used an ongoing inquiry to call
on the government to fork out funding to help them build a
future-fit transport network. A submission last week to an ongoing
Productivity Commission inquiry asks for the roll-out of a new plan
alongside a five-year $1 billion investment to help councils plug
the costs of a makeover to the national transport network (24 July
2019.
More...
New CTH Bill to create offences for activists who incite
trespass, damage, or theft against farmers
The Criminal Code Amendment (Agricultural Protection) Bill
2019 (CTH) was introduced to the House of Representatives by
Attorney-General, Christian Porter. The Bill aims to deter
individuals from sharing personal information of farmers to incite
offences against them. Under the Bill, it would be illegal for
groups and individuals to promote such events online on any
carriage service (23 July 2019). More...
Victoria
New apartment design standards to improve
neighbourhoods
The focus has now broadened to look at the standards for
building exteriors, to ensure that apartment buildings are
attractive, fit in with their neighbourhood. Feedback has been
sought on the performance of the current apartment design
standards, including one-on-one conversations with industry peak
bodies and local government (02 August 2019).
More...
Better approvals coming to more councils near you
Faster permits are on track to be the norm for Victorian
businesses with more than half of all councils engaged in the
Andrews Labor Government's Better Approvals Project cutting
business permit processing times. Minister for Small Business Adem
Somyurek has today written to the 37 councils who are not part of
the red tape slashing program and encouraged them to take part (30
July 2019).
More...
Victorians have their say on local councils
Nearly 27,000 Victorian residents and ratepayers have had
their say on their local councils as part of the Andrews Labor
Government's Community Satisfaction Survey. The survey reveals
that the most valued council services were waste management,
emergency and disaster management and elderly support services (29
July 2019).
More...
Recycling crisis escalates as major council contractor
suddenly stops collecting
Recyclables from dozens of Victorian councils now look
destined to go straight to landfill, as a major recycling company
announces it will no longer take their waste, effective immediately
(26 July 2019).
More...
Community members unhappy as heritage-listed Benalla
migrant huts to be given away by council
Benalla Council is set to give away five of nine huts at
the historic Benalla Migrant Camp in Victoria to the organisations
that currently occupy them. The council says the occupants, who
have been there for over 20 years, have a legal claim to the
buildings, regardless of their heritage-listed status (24 July
2019).
More...
Administrators appointed to South Gippsland Shire
The Andrews Labor Government has appointed a panel of
three administrators to run the South Gippsland Shire Council,
which was dismissed in June. The panel will act as the Council
effective from 24 July 2019 until the next election for the council
in 2021 (23 July 2019).
More...
NSW
LGNSW welcomes long-awaited appointment of NSW Building
Commissioner
The NSW Government's appointment of David Chandler OAM
as NSW Building Commissioner was welcomed by the local government
sector (02 August 2019).
More...
Council Infrastructure loans surpass half a billion
dollars
More than half a billion dollars in low interest loans
have been granted to local councils across the State helping them
fund vital infrastructure projects and programs for local
communities (30 July 2019).
More...
Sydney residents refuse to be 'guinea pigs' for
storage of radioactive waste
Residents fear their lives will be made even worse and
they will be trapped in unsaleable homes if radioactive waste from
a former refinery is stored in their street on Sydney's lower
north shore (24 July 2019).
More...
Queensland
Queensland council's 'good news' website
criticised as 'propaganda masquerading as news'
A regional Queensland council website being advertised as
an online news outlet and accepted by Microsoft as a news source is
an abuse of public trust, academics say (01 August 2019).
More...
Funding available for councils to cut illegal
dumping
The Palaszczuk Government is serious about cracking down on illegal
dumping and littering and has provided $400,000 to four councils as
part of a pilot partnership program to combat this issue (31 July
2019).
More...
A debt owed by a club linked to the GC mayor's
business partner might never be paid
A club linked to a long-term business partner of the Gold
Coast Mayor Tom Tate may escape paying a $137,000 debt owed to the
council (29 July 2019).
More...
Council data fosters active communities
A Queensland council has been able to win funding, improve
community education and define planning and program strategies by
partnering with a university on a study into sport, recreation and
activity among local residents (29 July 2019).
More...
Casinos keep 24-hour trading, exempt from ID scanners to
help make Brisbane 'new world city'
Despite warnings it could undermine the impact of the
Queensland Government's policy to curb alcohol-fuelled
violence, casinos will remain exempt from ID scanning and reduced
hours. The move comes as the Government scales back the scheme in
parts of Brisbane and Ipswich (26 July 2019).
More...
Former Ipswich mayor sentenced to two years in jail for
extortion
Phone recordings of Paul Pisasale used as evidence in his
extortion trial have been released by a Brisbane court, as the
former Ipswich mayor begins his jail term after being sentenced (25
July 2019).
More...
$70 million up for grabs for job-creating regional
infrastructure projects
The Palaszczuk Government's successful $365 million
Building our Region's (BoR) program has
entered its next phase, with details of the $70 million Round 5
revealed. Minister for State Development and Infrastructure Cameron
Dick said regional Queensland councils will have until 30 August to
submit expressions of interest for shovel-ready projects (25 July
2019).
More...
In Practice and Courts
Migration Toolkit
The Regional Australia Institute has developed a migration
toolkit to assist rural and regional communities looking to settle
migrants, both from Australian cities and overseas (including
entrants to Australia on skilled working visas or on humanitarian
grounds). The toolkit is based on interviews with community
champions of regional settlement and identifies best practice for
settlement success. Download the toolkit from the Regional
Australia Institute website (01 August 2019).
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. Comments closed on 05 August
2019. For more information visit the
Safe Work Australia website.
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 (NHVL). 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, focusing 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...
NSW
Cladding over Asbestos-Containing materials
SafeWork NSW have released a
position paper that encourages all local communities to ensure
asbestos is safely removed by a licensed removalist before new
cladding is installed. This position paper relates to a trend in
the residential sector where asbestos cement sheeting is clad with
new, non-asbestos products (01 August 2019). More...
Building reform
LGNSW has made a submission to the NSW Government's
Building Stronger Foundations discussion paper on proposed building
reforms. The paper addresses the government's response to two
recent reviews – a national
report in 2018 and an independent
review in 2015
LGNSW's submission argues the latest discussion paper only
targets part of the problem and does not address issues with the
building sector in a comprehensive way. (01 August 2019). More...
New ICAC public inquiry into lobbying to start 5
August
The ICAC has held a public inquiry which commenced on 5
August 2019 as part of a new investigation it is conducting into
the regulation of lobbying, access and influence in NSW (Operation
Eclipse).
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 is due to expire 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
Professional indemnity insurance rules amended for
certifiers
The NSW Government has amended the
Building Professionals Regulation 2007 to allow the Building
Professionals Board to accept professional indemnity insurance
policies with conditions or exclusions.
More...
Queensland
CCC current investigations
Further charges in Palm Island council investigation - 25 July
2019
A 47-year-old man has been charged by the CCC with fraud offences
as a result of an ongoing corruption investigation into Palm Island
Aboriginal Shire Council.
CCC 07.2019: Council records: a guideline for mayors,
councillors, CEOs and government employees
This joint corruption prevention advisory from the Crime
and Corruption Commission and Queensland State Archives sets out
the requirements for the management of council records.
More...
LGAQ: Have your say: Model Code for Neighbourhood Design
and proposed mandatory provisions
The consultation paper proposes that a range of components
from the new Model Code be made mandatory for all new residential
developments in Queensland. Please provide your thoughts on this
before 26 August 2019.
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...
Cases
NSW
Dubow v Mid-Western Regional Council
[2019] NSWCATAD 142
ADMINISTRATIVE LAW – particular administrative
bodies – NSW Civil and Administrative Tribunal –
administrative review jurisdiction – no jurisdiction to
administrative review abatement under s125 of the Local
Government Act 1993 – no jurisdiction to
administratively review impounding of stock under s 116(3) of the
Local Land Services Act 2013.
Captive Vision Pty Ltd v Ku-ring-gai
Council (No 2) [2019] NSWLEC 109
CIVIL PROCEDURE: application for the determination of
a separate question – whether delay in the making of the
application – Class 1 appeal to be heard imminently –
separate question comprised gravamen of Class 1 appeal – no
utility in determining separate question – no evidence of
savings in time or costs if question determined separately –
application refused – not fair or reasonable to make costs
order.
Hansimikali v Bayside Council
[2019] NSWLEC 1353
DEVELOPMENT APPLICATION – mixed-use development
– exceedance of the height of buildings development standard
– whether the proposal is consistent with the desired future
character of the locality – amenity of the adjoining low
density residential dwellings
Sydney Tools Pty Ltd v Canterbury-Bankstown
Council [2019] NSWLEC 1358
DEVELOPMENT APPLICATION – light industrial land
use zone – current use not subject of consent –
hardware and building supplies store – warehouse and
distribution centre – traffic and access – noise.
Vujicic v Northern Beaches Council
[2019] NSWLEC 1349
DEVELOPMENT APPLICATION – boarding house –
consent orders – character – owners consent –
easement – amenity
Cavanagh v Wollondilly Shire Council
[2019] NSWLEC 105
CIVIL PROCEDURE – application for the determination
of a separate question of law – question if resolved in
favour of the council is entirely dispositive of the proceedings
– delay in applying for the separate question –
proceedings set down for two day hearing – substantial
savings in terms of experts' costs and legal fees if separate
question resolved in favour of council – application
granted.
Canterbury-Bankstown Council v Sydney Tools Pty
Ltd [2019] NSWLEC
103
CIVIL ENFORCEMENT – two premises used for
warehousing and distribution – alleged breaches of conditions
of historic development consents – construction of conditions
of consent – concessions and admissions made by Respondents
– rectification of past breaches – declaratory and
injunctive relief declined, through lack of utility –
respondents ordered to pay Council's costs of proceedings.
Queensland
In the making of the Charters Towers Regional Council Union
Collective Certified Agreement 2019 [2019] QIRC
110
INDUSTRIAL LAW – COLLECTIVE BARGAINING –
application for certification of an agreement – requirements
for certification – agreement certified
Legislation
Commonwealth
Criminal Code Amendment (Agricultural Protection) Bill
2019
House of Representatives Third reading agreed to 01 Aug
2019
Amends the Criminal Code Act 1995 to introduce two new
offences in relation to the incitement of trespass or property
offences on agricultural land. The Bill contains exemptions for
journalists and those who are making lawful disclosures of
information, including whistleblowers
NSW
Regulations and other miscellaneous instruments
Land
Management (Native Vegetation) Code Amendment (Monaro and Werriwa
Grassy Woodland Critically Endangered Ecological Communities)
2019 (2019-361) — published LW 2 August 2019
Local
Land Services Amendment (Critically Endangered Ecological
Communities) Regulation 2019 (2019-362) — published LW 2
August 2019
Water
Management (General) Amendment (Exemption) Regulation 2019
(2019-367) — published LW 2 August 2019
Biosecurity
Amendment (Biosecurity Management Plans) Regulation 2019
(2019-354) — published LW 26 July 2019
Queensland
Subordinate legislation as made – 02 August
2019
No143
State Development and Public Works Organisation (State Development
Areas) Regulation 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.