In the media
2019 Federal Election wrap
ALGA has written to Prime Minister Scott Morrison on
behalf of the sector congratulating him on his election win,
thanking him for the increase in Roads to Recovery funding and
reminding him of the importance of the Financial Assistance Grants
to local governments for unlocking our communities potential (24
May 2019). More...
New guide for upgrading street lighting and smart
controls
Local councils, main roads agencies and utilities
providers thinking about large-scale upgrades of their street
lighting and smart control systems can now use a new free guide to
help their decision-making (24 May 2019).
More...
Note: The Model
Business Case was created by the Institute of Public Works
Engineering Australasia's Street Lighting and Smart Control
Programme and is supported by the Clean Energy Finance Corporation
and the Australian Government's Department of the Environment
and Energy
Strategic risk management and councils
Many Australian local councils could have foreseen the
strategic risk involved in exporting recycling waste to China, the
founder of Paladin Risk Management says. Rod Farrar, whose company
is a sponsor of the 2019 National General Assembly, says there are
differences between strategic and operational risks (24 May 2019).
More...
Some of the nation's finest council-led projects
showcased
Seven government-led projects have been recognised at the
2019 Property Council of Australia awards, highlighting the role of
local governments in fostering innovation in property development
(24 May 2019).
More...
Need to ditch 'damaging obsessions' about local
government
Australia needs to rethink its 'damaging
obsession' with the board of directors model of local
government and instead promote the role of councillors as community
connectors, brokers and leaders, a public policy expert says (23
May 2019).
More...
Australian Electoral Commission finds 87 cases of
election ads breaching law
For the first time this election, the AEC was also able to
seek civil penalties for breaches of the electoral law. Experts and
former insiders have warned the election watchdog is hamstrung by a
lack of power, past court decisions, resourcing and the
increasingly complex challenges posed by social media (22 May
2019).
More...
Productivity Commission seeks submissions on new
transport issues paper
The Productivity Commission's new National Transport
Regulatory Reform paper seeks feedback as it assesses transport
reforms since an agreement was reached at the Council of Australian
Governments (COAG) in 2009 (17 May 2019).
More...
NSW
$13 million new look for World Square plaza under
'rooftop canopy'
World Square plaza would be closed to the heavens with a
rooftop canopy doubling as an Indigenous-inspired "public
artwork", under plans lodged with the City of Sydney council.
(20 May 2019).
More...
They speculated, they own the risk: Developers sweat on
St Leonards plan
Over the past seven years, developers have spent hundreds
of millions acquiring about 90 suburban lots to the south of St
Leonards station and the Pacific Highway, in anticipation those
lots would be rezoned for a "St Leonards South" precinct
backed by Lane Cove Council. (17 May 2019).
More...
Tribunal approves rate rises for six Sydney
councils
The NSW Independent Pricing and Regulatory Tribunal
(IPART) has approved applications from five Sydney
councils, and partially agreed a sixth, to increase general rates
above the 2.7 per cent peg. Applications from Burwood, Hunters
Hill, Ku-ring-gai, Randwick and Sutherland councils were approved
in full and will be effective from 1 July 2019 (17 May 2019).
More...
Five year housing supply forecast released
Sydney's latest five-year housing supply forecast,
released today, anticipates a solid pipeline of construction to
support the NSW Government's record investment in transport,
infrastructure and public spaces. The forecast is used by NSW
government agencies, local councils and others to inform strategic
land use and infrastructure planning and service delivery to
support new housing development. (16 May 2019).
More...
Protecting heritage and character in Kings Cross
The character and significance of one of Sydney's most
renowned streets is to be protected following Council approval to
heritage list three sites on Darlinghurst Road (14 May 2019).
More...
Cockle Bay tower approved despite concerns it will
darken city square
An office building will tower over Cockle Bay after an
independent panel approved an overhaul of the inner Sydney wharf
precinct, despite concerns the high-rise will cast shadows over a
future public square in the city centre. The council's
opposition is at odds with the NSW Department of Planning and
Environment, which backed the redevelopment proposed by a
consortium (13 May 2019).
More...
Sydney's 24-hour trading plan to 'set up the
city's future night-life'
City of Sydney councillors unanimously endorsed an
overhaul of the plan that determines where and when night-time
activity can take place throughout the inner city at a meeting on
Monday night (13 May 2019).
More...
Victoria
Ombudsman investigating review process for parking
infringements issued by Victorian councils
Victorian Ombudsman Deborah Glass is investigating
councils' use of contractors to review parking infringements
that people have appealed against (24 May 2019).
More...
Help stop e-waste entering landfill
From 1 July 2019, the State Government is banning e-waste
from all Victorian landfills. Bass Coast Shire Council is teaming
up with Sustainability Victoria to increase the amount of e-waste
that goes to recycling centres and is urging residents to get
behind a new campaign to reduce the amount of e-waste being sent to
landfill (24 May 2019).
More...
Waste and resource recovery infrastructure advice
The Victorian Government has requested Infrastructure
Victoria to provide advice on the infrastructure required to
support changes to the waste industry in Victoria. The advice will
cover the infrastructure required, and the role of government to
support the re-processing and use of recycled materials, the waste
to energy sector and resource recovery of organic waste (23 May
2019).
More...
EPA fines compost company for licence breach
Stockpiles of industrial waste stored outside an
EPA-licensed facility's boundary near Stanhope have cost
composting company Biomix an $8,060 fine from EPA (17 May 2019 ).
More...
Proposed vision to revitalise Elizabeth Street
Elizabeth Street would become a safer, greener and more
people friendly gateway to Melbourne's retail and commercial
heart under a proposal to be considered by City of Melbourne
Councillors (16 May 2019).
More...
In Practice and Courts
PFAS submissions due 31 May 2019
Local councils are invited to make submissions on
version 2 of the draft PFAS National Environmental Management
Plan before the end of the month. Version two of the plan
includes updates on the soil criteria used in the first version,
new guidance on the reuse of soil, and initial guidance on managing
PFAS in wastewater, including trade waste. It's possible the
written submissions deadline will be extended.
More...
Performance Based Standards – An Introduction for
Road Managers
The National Heavy Vehicle Regulator has released the
latest version of
Performance Based Standards (PBS) – An Introduction for Road
Managers. The guide is intended to provide road managers with a
greater understanding of the performance-based standards scheme and
to assist them in assessing requests for network access to
innovative and safer vehicles.
Productivity Commission: National Transport Regulatory
Reform paper
This seeks feedback as it assesses transport reforms since
an agreement was reached at the Council of Australian Governments
(COAG) in 2009. National laws and regulations
would replace state-specific laws, regulations and regulators and
intergovernmental agreements about these were signed in 2011.
Submissions close 28 June. More...
Help shape the National Disability Strategy beyond
2020
Australian governments are asking people to help shape the
future of Australian disability policy for 2020 and beyond. The
first stage of consultation is from April to June 2019. Councils
are encouraged to promote engagement in these consultations within
their local communities.
More...
The 2019 Asia Pacific Cities Summit and Mayors'
Forum
The 2019
Asia Pacific Cities Summit (2019APCS) and Mayors' Forum
returns to Brisbane from 7-10 July. For Mayors, city leaders,
policy makers, CEOs, urban planners, and other business, industry
and emerging leaders.
National General Assembly 2019
This year's National General Assembly of Local
Government (NGA), which will be held from 16 to 19
June in Canberra. This assembly will consider what councils can do
today to get ready for the challenges, opportunities and changes
that lie ahead. More...
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
EPA: Proposed changes to the regulation of Underground
Petroleum Storage Systems (UPSS)
The EPA is consulting on the draft UPSS Regulation 2019
and seeking submissions. Feedback can be provided through the EPA
consultation
portal until 14 June 2019. The EPA currently regulates the
operation of UPSS infrastructure in NSW. However, regulatory
responsibility will be transferred to local councils on 1 September
2019.
More...
NSW Planning and Environment: Sydney housing supply
forecast
The Sydney Housing Supply Forecast provides information on
where, when, and how many new homes are likely to be built within
the city. Information gathered from local councils and industry is
also reflected in the forecast data. The forecast methodology is
outlined further in the
explanatory notes. (17 May 2019).
More...
ICAC Discussion Paper: Enhancing the democratic role of
direct lobbying in NSW
The NSW ICAC is seeking public input as part of a new
investigation it is conducting into the regulation of lobbying,
access and influence in NSW (Operation Eclipse). The discussion
paper is appended to an introductory paper,
The regulation of lobbying access and influence in NSW: a chance to
have your say, which also explains how to make a submission.
The closing date for consultation is 24 May 2019.
More...
Reminder: 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.
There will be a number of other changes that will involve further
design and consultation from mid to late 2018 outlined here.
Community Participation Plan Updated FAQs
The Environmental Planning and Assessment Act
1979 has been updated to make community participation central
to the planning system. Supporting this objective is a new measure
requiring all public authorities that have planning functions under
the EP&A Act, including councils, to develop community
participation plan (CPP). CPPs must be finalised
and published on the ePlanning portal by 1 December 2019.
More...
Changes to Housing SEPPs
Seniors Housing State Environmental Planning Policy – the
SEPP will not apply in heritage conservation areas in Greater
Sydney until 1 July 2020
Queensland
Latest round of Nature Refuge Landholder grants now
open
Queensland's Nature Refuge landholders will be able to
apply for grants of up to $10,000 to support their invaluable work
maintaining nature refuges on their properties. Read the media
statement
here (24 May 2019).
More...
Medicines and poisons
The new framework aims to improve national uniformity,
minimise the risk that medicines and poisons could be diverted for
unlawful purposes and simplify licensing requirements. Council
operations which may be impacted under the change include use of S7
poisons for vertebrate pest control, mosquito management and
council vaccination programs. It includes no new or increased fees.
Feedback required by 31 May (21 May 2019).
More...
Medicines and poisons Consultation
The draft Medicines and Poisons Bill 2019 and associated
regulations were introduced into Parliament Thursday 18 May. The
purpose of the Bill is to repeal and replace existing legislation
with a new regulatory framework comprising the Bill, and the
associated draft regulations and their explanatory notes that were
tabled at the same time as the Bill. Submission closed on Wednesday
5 June 2019
The Commissioners corner - a guide to conflict of
interest issues
A Guide and Meeting Aids to assist councillors to
determine when a conflict of interest or material personal interest
exists. More information available
here. The materials are also available on the website of the
Office of the Independent Assessor, which is available
here (24 May 2019).
On 1 May 2019, the
Local Government Electoral (Implementing Stage 2 of Belcarra) and
Other Legislation Amendment Bill 2019 was introduced to the
Queensland Legislative Assembly.
Should the Bill be passed in due course, these reforms will apply
to local governments and candidates for the 2020 local government
elections. More information will be made available in due course by
the Department of Local Government, Racing and Multicultural
Affairs here.
IMPORTANT NOTE: Election expenditure records will need to be kept
from 1 May 2019 by all candidates and groups of candidates for the
2020 local government elections if the Local Government Electoral
(Implementing Stage 2 of Belcarra) and Other Legislation Amendment
Bill 2019 is passed.
Current Programs
2019–21 Local Government Grants and Subsidies Program
(LGGSP)
The 2019–21 Local Government Grants and Subsidies Program
(LGGSP) aims to support Local Governments to
deliver priority infrastructure and essential services that meet
the identified needs of their communities.
2019–21 Works for Queensland Program (W4Q)
As part of the 2019–21 funding round, a further $200 million
has been approved for allocations to 65 Councils, with the initial
payment of $100 million to be released by 30 June 2019 as part of
the early program release to ensure job continuity and thriving
communities.
The rest of the $100 million W4Q funding will be released post June
2019 for Council projects to be completed by June 2021 in line with
the Funding Deed of Agreement.
Waste Levy legislation
The Queensland Government is developing a new
waste management and resource recovery strategy and will be
underpinned by the waste levy. The provisions will be added to the
existing
Waste Reduction and Recycling Act 2011 on commencement
on 1 July 2019. The provisions will be added to the existing
Waste Reduction and Recycling Regulation 2011 on commencement
on 1 July 2019. The new levy laws allow eligible organisations to
apply for exemptions and discounts from the levy, as well as
require other administrative notifications and declarations.
More...
Important changes to waste-related ERAs
The
Environmental Protection (Waste ERA Framework) Amendment Regulation
2018 introduces a number of changes to waste-related
environmentally relevant activities (ERAs) in the
Environmental Protection Regulation 2008. One of these changes is
the introduction of a new schedule of waste-related ERAs. Existing
waste ERAs will be transitioned to the new waste ERAs after July
2019.
NOTE: The department has developed an
online tool to assist holders of waste-related ERAs transition
to the new schedule of ERAs. Holders of waste-related ERAs will
have already received instructions on how to complete the
online tool by 31 May 2019.
Waste levy fact sheet
The Queensland
waste levy fact sheet is now available to download. The content
is an overview of the waste levy information—why we will have
one, the zone it will apply to, how the levy will be paid,
exemptions, and where to go for more information.
More...
Notice inviting comment on draft end of waste code
The Department invites comment on the draft end of waste
codes for
dunder and
w
ater treatment residuals. The consultation period closed on 31
May 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...
LGAQ: Information sessions - Changes to Queensland's
plumbing and drainage laws
Queensland's new plumbing and drainage laws will
commence on 1 July 2019, including the Plumbing and Drainage
Act 2018.The Department of
Housing and Public Works will be holding information sessions
across Queensland during April-June 2019 about the upcoming changes
and local government staff are encouraged to attend
Information sessions - Changes to Queensland's plumbing and
drainage laws.
The Premier's Outback Events Program: Funding rounds
2019
Each application must be for unique submissions and events
must be delivered on or before 31 December 2020. The deadline for
round one application is 1 April 2019, with applicants notified in
May 2019. More...
Cases
Spence v Queensland [2019] HCA
15
Constitutional law (Cth) – Powers of Commonwealth
Parliament – Federal elections – Severance
–– Where s 302CA provided for displacement of such
authority in circumstances including where State or Territory
electoral law required gift or part of it to be kept or identified
separately to be used only for purpose of State, Territory or local
government election – Whether Commonwealth legislative power
with respect to federal elections exclusive or concurrent –
Whether s 302CA within scope of Commonwealth legislative power with
respect to federal elections – Whether possible to sever s
302CA to preserve part of its operation within scope of
Commonwealth legislative power.
Constitutional law (Cth) – Inconsistency between Commonwealth and State laws – Gifts to political parties – Where Queensland Parliament passed amendments to Electoral Act 1992 (Qld) and Local Government Electoral Act 2011 (Qld) prohibiting property developers from making gifts to political parties that endorse and promote candidates for election to Legislative Assembly and local government councils – Whether Queensland amendments inconsistent with s 302CA or framework of Pt XX of Commonwealth Electoral Act – Whether s 302CA invalid for infringing principle in University of Wollongong v Metwally (1984) 158 CLR 447; [1984] HCA 74.
NSW
Dickinson Property Group Pty Ltd v Wollondilly Shire
Council [2019] NSWLEC
1220
APPEAL – development application –
multi-dwelling housing – area characterised by single
dwelling housing – whether there is a requirement to respond
to existing character – transition to low density residential
zone – whether required to respond to heritage items or
heritage conservation area located in the vicinity of the site
– compliance with the provisions of the development control
plan – design – amenity of the dwellings –
objectives of the zone
Jasminco Resources Pty Limited v Goulburn Mulwaree
Council [2019] NSWLEC
1218
DEVELOPMENT APPLICATION – quarry –
insufficient information to determine owners consent for works on
public road – road safety and functionality – removal
of restriction of access – noise
Zhiva Living Dural Pty Ltd v Hornsby Shire
Council [2019] NSWLEC
1222
DEVELOPMENT APPLICATION – Seniors living development
– whether the proposed development satisfies the provisions
of cl 55 of State Environmental Planning Policy (Housing for
Seniors or People with a Disability) 2004 – whether a
jurisdictional precondition can be cured by the grant of consent
with conditions.
Marrickville Development No.3 Pty Ltd v Inner West
Council [2019] NSWLEC
1132
DEVELOPMENT APPLICATION – demolition and
construction of two semi-detached, two storey, dwelling houses
– Torrens subdivision of one lot into two lots –
interpretation of FSR development standard in Marrickville LEP 2011
– whether solar access impacts of proposed development are
acceptable – whether impacts on a street tree are
acceptable.
Queensland
Lim v Moreton Bay Regional Council (No 2)
[2019] QLC 22
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – whether s 34 of the Land Court Act
2000 or s 27 of the Acquisition of Land Act 1967
applies – where the Court found in favour of the applicant in
the originating proceedings – whether the applicant's
conduct has unreasonably and unnecessarily forced the respondent
into litigation – whether the applicant presented its case in
a way that imposed unnecessary burdens on the respondent or the
Court – whether the applicant has pursued a vexatious,
dishonest, or grossly exaggerated claim.
Fox v Ipswich City Council [2019]
QCAT 131
ADMINISRATIVE REVIEW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL –
whether destruction order of a dangerous dog ought to be set aside
or confirmed
Animal Management (Cats and Dogs) Act 2008 Qld ss 3, 4,
59, 60, 61, 89, 94, 127; Queensland Civil and Administrative
Tribunal Act 2009 Qld ss 20, 24, 28.
In the making of Cook Shire Council - Indoor Certified
Agreement 2018 [2019] QIRC
67
INDUSTRIAL LAW - application for certification of an
agreement - requirements for certification - agreement
certified.
Legislation
NSW
Regulations and other miscellaneous instruments
Liquor
Amendment (Special Licence Conditions) Regulation (No 2) 2019
(2019-204) — published LW 24 May 2019
Queensland
Bills
Criminal
Code (Trespass Offences) Amendment Bill 2019
Introduced by: Mr D Last MP on 1/05/2019
Stage reached: Referred to Committee on 1/05/2019
This Bill seeks to protect Queensland businesses from unlawful
trespass activities by introducing three new criminal offences.
These offences are: aggravated trespass, which enables the
prosecution of a person who enters premises, private land or
transport infrastructure with the intent to cause economic harm to
another person, business or the State; serious criminal trespass,
which enables the prosecution of a person who enters premises,
private land or transport infrastructure
Electoral
Legislation (Political Donations) Amendment Bill 2018
Stage reached: 2nd reading adjourned on 14/05/2019
Part 3 Amendment of Local Government Electoral Act 2011-
Amendment of s 106 (Definitions for part )Section
106—insert—political donation- prohibited corporate
donor, for division 1A, see section 113A
Local Government Electoral (Implementing Stage 2 of Belcarra) and
Other Legislation Amendment Bill 2019
Economics and Governance Committee. Report by 21 June 2019.
Submissions closed on 21 May
An Act to amend the City of Brisbane Act 2010, the
Local Government Act 2009, the Local Government
Electoral Act 2011, the Referendums Act 1997 and the
Right to Information Act 2009.
The Bill requires all candidates at Local Government elections,
including sitting Councillors, to undertake training as a condition
of their nomination and mandates full preferential voting for
mayoral and single councillor elections, to be effective for the
2020 local government election.
Electoral and Other Legislation Amendment Bill 2019
Economics and Governance Committee. Report by 21 June 2019.
Submissions closed on 21 May
Implements recommendations from the Crime and Corruption
Commission's Operation Belcarra: A blueprint for integrity and
addressing corruption risk in local government and makes
operational improvements to the State's electoral system by
implementing the Government's response to A review of the
conduct of the 2016 local government elections, the referendum and
the Toowoomba South by-election (Soorley report).
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.
