In the media
Share your experiences with the Land Acquisition
Act
The Commonwealth Department of Finance is reviewing the
Lands Acquisition Act 1989 (LAA), which
is the key legislation used by the Commonwealth to acquire and
dispose of interests in land for public purposes. The LAA also
regulates the disposal of Commonwealth land to local government and
the acquisition of local government land by the Commonwealth (13
March 2020).
More...
New report assesses the human, environmental and
economic costs of the summer's extreme weather events
A new report produced by the Climate Council has looked at
the devastating climate impacts Australians experienced this summer
(13 March 2020).
More...
United front in battle to retain Remote Area Tax
Concessions
Three key local government bodies representing more than
230 councils across the country have joined forces to urge the
Federal Government to not abolish vital remote area tax concessions
and payments (09 March 2020).
More...
Victoria
New chapter for Federation Square
The City of Melbourne wants to invest $22 million to make
Federation Square a premier civic space. The funding is contingent
on Council being given management responsibilities for the site.
Under the arrangement, City of Melbourne would manage the site,
including tenancies, maintenance and activation (07 March 2020).
More...
IBAC Operation Sandon public hearings resume
The second round of the Independent Broad-based
Anti-Corruption Commission's (IBAC) public
hearings into allegations of serious corrupt conduct in relation to
planning and property development decisions at the Casey City
Council resumes (06 March 2020).
More...
A more accessible and inclusive Enterprize Park
The City of Melbourne will soon begin improvements at
Enterprize Park, located on the north bank of the Yarra River,
between the Melbourne Aquarium and Queens Bridge Street (04 March
2020).
More...
Recycling Victoria – a welcome announcement for
the circular economy
Sustainability Victoria welcomes the announcement of
Recycling Victoria, a bold and transformative 10-year plan to shift
Victoria to a circular economy that wastes less and recycles more
(04 March 2020).
More...
Queensland
Queensland council elections to go ahead despite
coronavirus worries
Queensland's electoral commissioner has reassured
voters that polling will go ahead "as normal" in the
upcoming local government elections, despite community concerns
over coronavirus (11 March 2020).
More...
OIA addresses public statements by election candidate
Paul Tully
The OIA has addressed statements made by the former
Ipswich City Councillor Paul Tully, who is now seeking re-election.
In line with its media policy the OIA has, to date, consistently
declined to identify Mr Tully as the subject of any unresolved
misconduct matters. Given the misleading nature of the public
comments by Mr Tully in the lead-up to the March election, the OIA
has acted to address the statements (10 March 2020).
More...
Suspended mayor says 'factions and corridor
talk' added to turbulent final term
Allan Sutherland, the long-time mayor of Moreton Bay
Regional Council, speaks publicly for the first time since
misconduct charges were laid against him by Queensland's Crime
and Corruption Commission (10 March 2020).
More...
Qld Govt puts a lid on mountain water
No new groundwater bores can be sunk on Mount Tamborine
and Springbrook for at least a year – except for farmers and
households – under a Palaszczuk Government plan (05 March
2020).
More...
Making 2020 local government elections
The Electoral Commission of Queensland
(ECQ), the Office of the Independent Assessor
(OIA), the Crime and Corruption Commission
(CCC) and the Queensland Integrity Commissioner
will be closely monitoring the election to ensure all relevant laws
are adhered to during this important time (04 March 2020).
More...
Annual land valuations for 2020 released
Queenslanders in 21 of the state's local government
areas have awoken to new land valuations (04 March 2020).
Annual land valuations for 2020 released
In practice and courts
National Light Pollution Guidelines for Wildlife
New
National Light Pollution Guidelines for Wildlife including Marine
Turtles, Seabirds and Migratory Shorebirds aim to raise
awareness of the potential impacts of artificial light on wildlife
and provide a framework for assessing and managing these impacts
around susceptible listed wildlife. The guidelines were developed
in consultation with local, state and territory governments (13
March 2020).
More...
ALGA: Building Resilient Regions
The 2020 Regional Cooperation and Development Forum
returns to Canberra on 14 June and this year focuses on building
resilient regions. Our provisional program includes speakers
who'll lead sessions on regional Australia's economic
challenges and opportunities, and creating connected communities
(13 March 2020).
More...
ALGA: 2020 Resilient Awards open
Local Governments are invited to apply for the 2020
Resilient Australia Awards, before entries close on 18 May. The
awards recognise outstanding contributions in six categories:
community, business, local government, government, school and
photography. More...
AUSkey ends 27 March 2020
The Australian Taxation Office (ATO) is
reminding councils that after Friday 27 March 2020, they will no
longer be able to use AUSkey or Manage Australian Business Number
(ABN) Connections to access the Australian
Government's online services. More...
Administration of financial disclosure requirements
under the Commonwealth Electoral Act
The objective of this audit is to examine the
effectiveness of the Australian Electoral Commission's
(AEC's) management of financial disclosures
required under Part XX of the Commonwealth Electoral Act 1918,
including the extent to which the AEC is achieving accurate and
complete financial disclosures.
More...
Commonwealth Department of Communications and the Arts:
Telecommunications in new developments review
In light of recent and upcoming changes in the provision
of telecommunications in new developments, the Department is
undertaking a review of the
Telecommunications in New Developments (TIND)
Policy, and has released a discussion paper
Review of the 2015 TIND Policy, The Department is aiming to
complete the review of the 2015 TIND Policy and make any necessary
changes before 1 July 2020.
Have your say: Bushfire Inquiries
House of Representatives Committee on Environment and Energy
has announced an Inquiry into the efficacy of past and current
vegetation and land management policy, practice and legislation and
their effect on the intensity and frequency of bushfires and
subsequent risk to property, life and the environment. Submissions
close on 31 March. A Senate Inquiry has also been established
Victoria
Telstra phone booth screens
The
Federal Court of Australia has ruled Telstra can build 1800 phone
booths with digital advertising screens across Australia
without permission from city councils. Melbourne City Council
originally knocked back Telstra's application to display
advertising on 81 new payphones. However, the Court ruled Telstra
was within its power to build phone booths without requiring
council approval, as long as they are defined as "low-impact
facilities." (10 March 2020).
MAV Submissions
March 2020
Submission to RIS Electricity Safety (Electric Line Clearance)
Regulations
Local Government Bill
The Legislative Council passed the Local Government
Bill 2019 on 6 March which affects all 79 councils in
Victoria. The Bill will return to the Legislative Assembly and
receive Royal Assent before it becomes a law on 17 March. More...
Draft Yarra Strategic Plan and Land Use Framework
The Victorian Government is seeking feedback on the draft
Yarra Strategic Plan prepared under the Yarra River Protection
(Wilip-gin Birrarung murron) Act 2017. Following a panel process
(to commence in April-May 2020) the Yarra Strategic Plan and Land
Use Framework will be finalised and given effect in relevant state
planning policy and local planning schemes.
More...
Bushfire Recovery Funding
The Victorian Government launched its special
Bushfire Recovery round of the Regional Events Fund. Grants of
up to $20,000 are available for eligible events in 15 local
government areas declared under Commonwealth-State Disaster
Recovery Funding Arrangements. Applications close, 27 March
2020.
Tackling climate change in municipal public health &
wellbeing planning
Council health planners, environment and sustainability
officers are encouraged to attend one of the council consultation
forums listed below. Participants will help shape the new guidance
and contribute to case studies for inclusion. Updates will be
provided on recent climate change and health initiatives, and the
new climate projections and regional climate change adaptation work
occurring across Victoria. Councils are also invited to provide a
written submission until 27 March. A discussion paper has been
developed to help inform written submissions and discussion at the
forums.
More...
Department of Environment, Land, Water and Planning:
Local Government Rating System Review
An independent panel is now reviewing all aspects of
Victoria's local government rating system. Their report will be
submitted to the Minister for Local Government by 31 March 2020.
More...
IBAC: Operation Sandon public hearings will continue in
2020
IBAC's public hearings into allegations of serious
corrupt conduct concerning the transparency and integrity of
planning and property development decision making, including
donations to candidates in local and state government elections,
will continue in early 2020.
More...
Significant Sporting Events Program
Councils may apply for grants in this funding program to
support the assistance, management or strategic planning of sports
events.
Applications are open until 30 June 2022 in various rounds.
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.
Living Heritage Grants Program – Round 5 –
Safeguarding and Reactivating our Heritage
Applications close on 9 April 2020. Round 5 and subsequent
rounds include priority consideration for the conservation of
Victorian Heritage Register (VHR) listed places
and objects located in Victorian communities impacted by bushfire.
More...
E-Waste Grants
Round two of Sustainability Victoria's
E-waste Infrastructure Grants is offering up to $2 million to
build Victoria's e-waste resource recovery sector. Grants of up
to $500,000 are available for industry and local government and
Waste and Resource Recovery Groups seeking to invest in projects
that increase recovery of e-waste materials and/or ensure the safe
collection and storage of e-waste. Applications close 30 March.
Improving access to Planning Schemes Online
From early 2020, the Victoria Planning Provisions and all
online planning schemes (including ordinance, maps, histories,
amendments and incorporated documents) will be accessible only via
Planning Schemes found on the Victorian Planning Portal. Please
update any links or bookmarks you may have to the old site, in
readiness for its closure.
Approvals
Boroondara C328boro extends the expiry date of interim Heritage
Overlays affecting properties and precincts in the Hawthorn
Heritage Gap Study, Kew Heritage Gap Study, Kew East and Mont
Albert Heritage Gap Study and Hawthorn East Heritage Gap Study
areas until 12 March 2021.
Melton C211melt rezones part of the land at Palm Springs Road
and the Western Highway, Ravenhall from Urban Floodway Zone to
Industrial 3 Zone and removes the Land Subject to Inundation
Overlay.
VC177 changes the VPP and all planning schemes in Victoria by
inserting a new particular provision at Clause 52.07 to facilitate
and support recovery from bushfire.
Bayside C161bayspt1 corrects a number of anomalies and updates
the incorporated document Temporary Advertising Signs on Recreation
Reserves, July 2004 (Revised 2018).
Cardinia C232card implements the Officer Town Centre review by
incorporating the amended Officer Precinct Structure Plan
(September 2011, Amended November 2019).
Glen Eira C182glen applies the Heritage Overlay to part of 8
Gordon Street, Elsternwick on a permanent basis.
Golden Plains C85gpla implements the Northern Settlement
Strategy (Golden Plains Shire Council, October 2019) by
amending the Municipal Strategic Statement.
Latrobe C101latr implements recommendations from the Latrobe
Planning Scheme Review Report (2014), along with addressing other
anomalies.
Moorabool C088moor implements the Ballan Strategic Directions
(June 2018).
Mornington Peninsula C258morn applies the Specific Controls
Overlay to various properties listed under the schedule to Clause
51.01 (Specific Sites and Exclusions) and other related
consequential changes, as part of the Smart Planning Program to
improve the transparency of site specific controls.
Mornington Peninsula
C231morn extends the interim Heritage Overlay to the property
at 12 Graydens Road, Tyabb for a period of three months, until 28
May 2020.
Panel
Glen Eira C155glen Provision of a framework for the
redevelopment of the East Village precinct in East Bentleigh.
Yarra Ranges C176yran and Permit Application YR-2018/358 48 lot
residential subdivision of Lot 3 LP403716 Holloway Road, Wonga
Park
Exhibitions
Baw Baw C131bawb proposes to introduce three new Design and
Development Overlays to implement urban design directions from the
Longwarry Urban Design Framework (2019), Trafalgar Urban Design
Framework (2018) and Neerim South Urban Design Framework
(2018).
Greater Bendigo C243gben proposes to implement the findings of
the Heathcote Flood Study (2016).
Melton C198melt proposes to implement the findings of the City
of Melton Heritage Assessments Project 2018.
Moorabool C91moor proposes to implement the findings of the
three flood studies (Report for Bacchus Marsh Area Floodplain
Mapping, Ballan Township Flood Study Final Report, Lower Lerderderg
Catchments Flood Mapping Report) and the Melbourne Water Planning
Investigations Models.
Lapsings
Greater Dandenong C201gdan proposed to introduce Clause 22.06
Environmentally Sustainable Development Local Planning Policy into
the Scheme
Horsham C072hors proposed to apply the Public Acquisition
Overlay (PAO3) over land for the future acquisition by VicRoads
associated with the realignment of the Western Highway around
Horsham and amends Clause 45.01 to make VicRoads the acquiring
authority for PAO3.
Queensland
Annual Statutory Land Valuations 2020
The Valuer-General issued approximately 825,000 new land
valuations to landowners across Queensland on 4 March 2020. The
land valuations assist in the determination of council rates, state
land tax, and rentals for leasehold land. Landowners who believe
their valuation was incorrect and can provide supporting
information should
lodge their objection online or at the address shown at the top
of their valuation notice by 5 May 2020.
More...
LGAQ: The Delegations Register Service has been
updated
A complete review of the Delegations Register Service has
been undertaken and is now available for members in LG Online (13
March 2020).
More...
LGAQ: Still Time to Apply - FNQ & NQ Monsoon Trough
Funding Round 2 Grants
Grants of up to $150,000 each are now available to help
FNQ & NQ communities recover from the 2019 Monsoon Trough.
Applications close on 6 April 2020. (13 March 2020).
More...
LGAQ: Have your say: Walking tracks Standards
revisions
The walking tracks standards under revision are important
to councils as they are fundamental to the design and development
of council-controlled walking tracks including pathways, tracks and
trails.
More...
CCC Investigations
Man from Annandale (Townsville) was charged with further
fraud and stealing offences (06 March 2020).
More...
North Queensland Regional Plan
The first
North Queensland Regional Plan has been finalised and will come
into effect in March 2020. You can read an
overview of the plan which includes five initial catalytic
projects that have also been identified including renewable
hydrogen, defence, agribusiness, advanced manufacturing and
tourism. The region includes five local government areas: Burdekin,
Charters Towers, Hinchinbrook, Palm Island and Townsville (February
2020).
Brisbane City Council: Draft Central Park
Masterplan
The draft plan is now out for public consultation
following the release of
five creative concepts from architecture and planning firms
last year. The Victoria Park concept plan is now open to the public
until April 28 on the Brisbane City Council's website.
LGAQ: Review of the Strong and Sustainable Resource
Communities Act 2017
The Office of the Coordinator-General is leading the
review and will be engaging with councils and key stakeholders from
the end of January to May 2020.
More...
LGAQ: Key events for Queensland councils in 2020
Events for March – October 2020 are outlined here.
Keep an eye on the events page
which will be updates as more events are confirmed in the
calendar
Cases
Victoria
Rizzo v Head, Transport for Victoria [2020] VSC 89http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2020/89.htmlVALUATION AND COMPENSATION – Amendment to Hume Planning Scheme – Imposition of Public Acquisition Overlay for Outer Metropolitan Ring/E6 Transport Corridor – Referral of disputed claim for compensation for loss on sale under Pt 5, Planning and Environment Act 1987 (Vic) – Claim made before completion of contract for sale of land – Proceeding held to have no real prospect of success as presently framed – Whether applicants can amend notice of claim – Whether applicants can amend referral notice – Court's jurisdiction limited to determining 'disputed claim' under Land Acquisition and Compensation Act 1986 (Vic) – Application for leave to amend notice of claim and referral notice refused – Planning and Environment Act 1987 (Vic) ss 98(1), 99(b), 105, 106(1) – Land Acquisition and Compensation Act 1986 (Vic), ss 37, 80, 89 – Plunkett v Roads Corporation [2019] VSC 39.
Morrison v Stonnington CC [2020]
VCAT 316
Section 82 of the Planning and Environment Act 1987;
Stonnington Planning Scheme; General Residential Zone; Heritage
Overlay; Existing dwelling; Partial demolition & construction
of buildings and works; Restrictive covenant; Impact on
significance of heritage place
Yue Shu v Maroondah CC [2020]
VCAT 313
Maroondah Planning Scheme; comparison with the
preferred neighbourhood character; impact of three storey built
form on a streetscape; retention of existing trees. No permit
Proctor v Mornington Peninsula SC
[2020] VCAT 312
Mornington Peninsula Planning Scheme; planning
framework applying to land within the Green Wedge Zone; land use of
Horse husbandry; proposal to use and develop land in the Green
Wedge Zone for a dwelling; Mornington Peninsula Localised Planning
Statement (Victorian Government, 2014); Mornington Peninsula Green
Wedge Management Plan (Mornington Peninsula Shire Council, 1 April
2019). No permit
Stonnington Developments Pty Ltd v Stonnington
CC [2020] VCAT 296
Section 77 of the Planning and Environment Act 1987;
Stonnington Planning Scheme; General Residential Zone Schedule 10,
construction of a three storey apartment building; planning policy,
neighbourhood character, amenity impacts, traffic impacts
Preston Hotel (Operations) Pty Ltd v Darebin
CC [2020] VCAT 308
Pursuant to section 149B of the Planning and
Environment Act 1987, VCAT declares that, as at the date of this
order: (a) the land at 635 High Street, Preston enjoys existing use
rights which allow the use of the land for the purpose of a hotel;
and (b) by virtue of those existing use rights, a planning permit
is not required to use the land for accommodation as part of the
hotel use.
Sparks v Nillumbik SC [2020] VCAT
305
Use and development of the land for a restaurant, sale
of liquor, buildings and works to construct external alterations of
the existing building, construct two outbuildings Application under
section 82 of the Planning and Environment Act 1987 – to
review the decision to grant a permit.
Carone v Darebin CC [2020] VCAT
294
Darebin Planning Scheme; Incremental Change Area;
single dwelling replacing existing semi-detached dwelling;
neighbourhood character; amenity. No permit
Renoco Homes Pty Ltd v Whitehorse CC [2020] VCAT 285http://classic.austlii.edu.au/au/cases/vic/VCAT/2020/285.htmlSection 77 Planning and Environment Act 1987; Whitehorse Planning Scheme; General Residential Zone Schedule 4; Significant Landscape Overlay Schedule 9; Neighbourhood Character; Landscaping; Built Form; On-site amenity; Traffic and Car Parking. No permit
Hunter v East Gippsland SC [2020]
VCAT 257
Application for fee reimbursement; Section 115B of the
Victorian Civil and Administrative Tribunal Act 1998; Racing Dog
Husbandry; Decision to grant planning permit varied by Tribunal;
Application for reimbursement of fees refused.
Kumar v Kingston CC [2020] VCAT
291
Section 77 of the Planning and Environment Act 1987.
Kingston Planning Scheme. General Residential Zone. Three double
storey dwellings. Incremental housing change. Neighbourhood
character. Amenity. No permit
Pace of Sunshine North Pty Ltd v Brimbank
CC [2020] VCAT 286
Application under s.80 of the Planning &
Environment Act 1987; review of condition; Brimbank Planning
Scheme; General Residential Zone; Development Plan Overlay and
public open space contribution. No changes made
Grima v Banyule CC [2020] VCAT
277
Section 77 of the Planning and Environment Act 1987,
amenity impacts, neighbourhood character
The permit allows: Construction of three, two storey dwellings on a
lot in the General Residential Zone – Schedule 2.
John Douglas Group Pty Ltd v Moreland CC
[2020] VCAT 275
Section 77 of the Planning and Environment Act 1987;
Moreland Planning Scheme, Neighbourhood Residential Zone (NRZ1);
proposed two double storey dwellings at the rear of existing single
storey dwelling; issue of neighbourhood character against zoning
and policies.
Lakeside Building Consultants v Mornington Peninsula
SC [2020] VCAT 268
Section 80 Review Planning and Environment Act 1987;
Mornington Planning Scheme, General Residential Zone (GRZ1), Design
and Development Overlay (DDO3), Bushfire Management Overlay (BMO),
Vegetation Protection Overlay (VOP1); proposed outbuilding and
retrospective approvals for earthworks.
Planning & Design v Moreland CC
[2020] VCAT 254
Moreland Planning Scheme; section 77 of the Planning
and Environment Act 1987; proposal for the construction of three
double storey dwellings on a residential lot; proposal otherwise
uncontentious, but Council is opposed to the intended removal of a
large tree in the backyard of the subject land; Tribunal hearing;
proposal approved.
Altunas v Yarra CC [2020] VCAT
272
Section 82 of the Planning and Environment Act 1987; Yarra
Planning Scheme; Neighbourhood Residential Zone; Heritage Overlay
HO327 North Fitzroy; Second Dwelling; Response to Heritage Policy;
Off-Site Amenity Impacts; Parking Reduction.
Clark v Mornington Peninsula SC
[2020] VCAT 282
Mornington Peninsula Planning Scheme; General Residential
Zone Schedule 1; Design and Development Overlay, Schedule 2;
Vegetation Protection Overlay, Schedule 1; Neighbourhood character;
Clause 55 objectives; Overlooking.
Bunnings Group Limited v Boroondara CC
[2020] VCAT 247
Condition restricting hours of delivery and waste
collection, compliance with SEPP N-1, site context and existing
construction conditions, existing road noise
BWK Properties Pty Ltd v Pyrenees SC
[2020] VCAT 232
Section 77 of the Planning and Environment Act 1987
– Farming Zone – use and development of a service
station – need to balance policy outcomes – protection
of agricultural land – rural character, freeway service
centre functions within existing township. No permit
Tutic v Monash CC [2020] VCAT
270
Application under section 81(1) of the Planning and
Environment Act 1987 – to review the refusal of the
responsible authority to extend the time within which any
development or use is to be started or any development completed.
Clause 32.08-6 – Construct two or more dwellings on a lot
Sloman v Hobsons Bay CC [2020]
VCAT 264
Section 82 Planning and Environment Act 1987; Hobsons Bay
Planning Scheme; General Residential Zone; Road Zone- Category 1;
Medical centre; Traffic
Ben Snow on behalf of Moomba Park Primary School v
Moreland CC [2020] VCAT
241
Use of land for a mosque. Application under section 82 of
the Planning and Environment Act 1987 – to review the
decision to grant a permit.
Mitrev v Hobsons Bay CC [2020]
VCAT 141
Section 77 Planning and Environment Act 1987; Hobsons Bay
Planning Scheme; General Residential Zone; Dwellings; Neighbourhood
character; Amenity; Potential contamination.
Choi v Bayside CC [2020] VCAT
266
This proposal is the construction of a dwelling;
Alterations and additions is not a term used in the planning
scheme; Car parking design and access; Visual bulk; Design response
to neighbourhood character.
Mildura RCC v Purple Goose Investment Pty
Ltd [2020] VCAT 255
Planning and Environment Act 1987; enforcement order;
Industrial 3 Zone of Mildura Planning Scheme; Design and
Development Overlay Schedule 9. Enforcement order allowed
Brown v Stonnington CC [2020]
VCAT 214
Section 77 of the Planning and Environment Act 1987;
Stonnington Planning Scheme; Construction of Three Storey Apartment
Building plus Basement; Neighbourhood Character; Building Scale and
Form.
Multiple Design Pty Ltd v Knox CC
[2020] VCAT 246
Section 77 Planning and Environment Act 1987, Knox
Planning Scheme, General Residential Zone – Schedule 3,
access, Neighbourhood Character, Reverse living, local living area,
clause 21.06.
Corker v Surf Coast SC [2020]
VCAT 245
Construction of a detached dwelling split over three
levels with associated works and removal of vegetation. Application
under section 82 of the Planning and Environment Act 1987 –
to review the decision to grant a permit.
Zhou v Monash CC [2020] VCAT
242
Construction of six double-storey dwellings.
Application under section 80 of the Planning and Environment Act
1987 – to review the conditions contained in the permit.
Zappone v Banyule CC [2020] VCAT
243
Section 82 of the Planning and Environment Act 1987;
Banyule Planning Scheme, General Residential Zone, Vegetation
Protection Overlay, Development Contribution Overlay; one
additional double storey dwelling at rear of a large lot; design
response to neighbourhood character and amenity impact.
Baltovski v Whittlesea CC [2020]
VCAT 276
Section 77 of the Planning and Environment Act 1987;
Whittlesea Planning Scheme; Restructure Overlay; Green Wedge Zone;
Dwelling and outbuilding; Whether permit to construct dwelling may
be granted before land is restructured; Whether application
responds to objectives of the restructure plan No permit
Leone v Mount Alexander SC [2020]
VCAT 240
Existing service station and workshop; Proposed
building and works and use of a convenience shop; Amenity concerns;
Car parking design and location; Adjacent creek and prohibition on
works within 30 metres; Access restrictions; Noise and lighting
impacts. No permit
Daly v Banyule CC [2020] VCAT
236
Application under Section 77 of the Planning and
Environment Act 1987 (the Act) to review a
decision to refuse a permit. The permit allows The removal of one
(1) Pin Oak (Quercus palustris)
Fung v Knox CC [2020] VCAT
256
Section 77 of the Planning & Environment Act 1987;
Knox Planning Scheme; General Residential Zone 3; Three Double
Storey Dwellings, Neighbourhood Character, Scale and Siting,
Landscaping, Impacts on Vegetation, Internal Amenity, Dwelling
Entry, Design Detail
Queensland
Logan City Council v Brookes [2020]
QDC 24
ENVIRONMENT AND PLANNING – ENVIRONMENTAL
PLANNING – PLANNING AND DEVELOPMENT PROSECUTIONS –
GENERALLY – where the respondent, without a permit, moved
seven shipping containers onto his property – where the
appellant commenced proceedings by way of seven complaints charging
the respondent with carrying on assessable development without a
permit contrary to s 578 of the Sustainable Planning Act 2009
– where the complaints were particularised as carrying on
"building work" as defined in s 10 of the Sustainable
Planning Act 2009 – where the learned magistrate found that
each shipping container was not a "fixed structure" and
as such did not amount to carrying on building work – whether
the learned magistrate erred in finding that the movement of the
shipping containers was not "building work"
EVIDENCE – GENERAL PRINCIPLES – EVIDENCE LAW –
RULINGS AND FINDINGS – where the learned magistrate admitted
into evidence an agreed statement of facts containing purported
admissions pursuant to s 148A of the Justices Act 1886 –
where the respondent was self-represented at trial – where
the respondent argues on appeal that he did not consent to the
agreed statement of facts – where the agreed statement of
facts was tendered by the appellant without objection from the
respondent – where the respondent later stated in the trial
that some facts were agreed but others were not – whether the
respondent should be allowed to resile from the agreed statement of
facts
MAGISTRATES – APPEAL AND REVIEW – QUEENSLAND –
APPEAL – PROCEDURE – where the appellant applied for
leave to adduce new evidence – where the appellant seeks to
adduce evidence of correspondence between the parties in relation
to the agreed statement of facts tendered at trial so as to answer
the respondent's argument on appeal – the test in
Pavlovic v Commissioner of Police [2007] 1 Qd R 344 – whether
the appellant should be granted leave to adduce new evidence
Justices Act 1886 Qld s 148A, s 222, s 223; Sustainable Planning
Act 2009 Qld s 7, s 10, s 578
Re Application filed by Local Government Association of
Queensland Ltd [2020] QIRC 35
INDUSTRIAL LAW – QUEENSLAND – INDUSTRIAL
ORGANISATIONS – APPLICATION TO AMEND ELIGIBILITY RULES
– Where the applicant is an employer organisation - Where the
application was validly made under the organisation's rules
Legislation
Victoria
Bills
North East Link Bill 2020
Date of second reading speech: 5 March 2020
Establishes the North East Link State Tolling Corporation and
specifies its objects, functions and powers
Victorian legislation can be accessed here
Queensland
Subordinate legislation as made - 06 March 2020
No 25
Proclamation No. 2—Personalised Transport Ombudsman Act 2019
(commencing certain provisions)
No 26
Transport Operations (Passenger Transport) (Ticketing) and Other
Legislation Amendment Regulation 2020
Subordinate legislation as made – reminder
No 228
Proclamation—Local Government Electoral (Implementing Stage 2
of Belcarra) and Other Legislation Amendment Act 2019 (commencing
remaining provisions)
This Proclamation fixes the following dates for the commencement of
a number of remaining provisions: 30 March 2020. To improve
transparency and public accountability of local government
elections in line with State and Commonwealth electoral and
governance frameworks
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.
