In the media
Commonwealth
Launch of the 2021 Australian Local Government Climate
Review
Ironbark Sustainability and ICLEI Oceania have launched
the
2021 Australian Local Government Climate Review.
The Review is based on a wide-ranging survey to better understand
local climate change targets, actions, strategies and policies. The
survey found that 83 per cent of respondents reported that climate
change has already impacted upon their local community or council
operations (26 August 2021).
The councils leading the charge on climate change to
reach net zero emissions by 2030
As the climate wars drag on at a federal level, local
councils across the country are taking the initiative and doing it
for themselves. The Australian Local Government Association wants a
$200 million federal fund over four years to help more of the
country's 537 councils adapt to climate change (22 August
2021).
More...
Resources for digital transformation still an issue for
LG
Councils want to digitally transform to improve customer
satisfaction and employee productivity but lack the wherewithal, a
new survey suggests. Commissioned by Local Government Professionals
Australia (LGPro) and software provider Technology One, the survey
found over 80 percent of respondents rated digital transformation
as a high priority (20 August 2021).
More...
Inland Rail consultation 'a joke', councils
say
The body responsible for delivering the Inland Rail must
consult more closely with local government following a litany of
complaints from councils across NSW and Queensland (16 August
2021).
More...
Cth land acquisitions framework to get red-tape
treatment
Government-to-government property transactions will be
streamlined under proposed legislative reforms agreed to by the
Commonwealth this week. Among other things, the review recommended
that Section 40 of the LAA should be amended to enable interests in
land to be acquired by agreement from state, territory, and local
governments, including acquisitions of interests in land in a
public park (20 August 2021).
More...
Victoria
Council watchdog sees rise in vexatious complaints
Victoria's Local Government Inspectorate says too much
of its time is being taken up by civil matters, council service
complaints and code of conduct issues. In most cases complainants
made their complaints in good faith and had misinterpreted the
Local Government Act (27 August 2021).
More...
PwC hired to review Victorian council culture
The Victorian government has commissioned a review that
aims to make local government a safer space for women. The
'local government culture project' will look at the history
of and influences on culture in the state's councils (27 August
2021).
More...
Monash to support uptake of microgrids across
Victoria
The Microgrid Electricity Market Operator
'toolbox' comprises a step-by-step journey on how to
develop a microgrid – from planning to operations – to
help guide precincts, businesses and communities through the
process. Monash is supporting businesses and councils across
Victoria to increase uptake, including the Yarra Ranges Council,
which has a goal of achieving 100 per cent renewable energy use by
2030 as part of its Liveable Climate Plan (24 August 2021).
More...
Property Council welcomes Victoria infrastructure
strategy
The Property Council of Australia has welcomed
Victoria's recently announced infrastructure strategy which
contains 94 recommendations from an independent advisory body
guided by nine regional profiles that outlined various regional
needs (20 August 2021).
More...
Councils keen on role to assist infrastructure plan
delivery
Plans for infrastructure that improves social equity and
connectedness and protects natural resources, as outlined in
Infrastructure Victoria's Infrastructure Strategy 2021 –
2051, are welcomed by the MAV. The strategy addresses a range of
the infrastructure challenges facing local communities right across
Victoria, including addressing public transport need, boosting
economic performance and adapting to climate change (20 August
2021).
More...
NSW
NSW Renewable Energy Zone oversubscribed as ROIs
close
Expressions of interest for the New England REZ represent
more than four times the energy generation needed to build the 8GW
zone. Participation in the REZ will be determined via a competitive
tender (27 August 2021).
More...
NSW government invites feedback on risk-management rules
for councils
New South Wales' 128 councils will be required to set
up a risk-management framework and internal audit function under
new draft guidelines released this week. The draft guidelines give
the local government sector a strong framework for minimising
financial risk and preventing fraud and corruption, according to
local government minister Shelley Hancock.(24 August 2021).
More...
Queensland
New Palaszczuk Government regional quarantine facility
to keep Queenslanders safe
A dedicated regional quarantine facility will be built at
Wellcamp, Toowoomba under a joint agreement between the Palaszczuk
Government and the landowner, Wagner Corporation (27 August 2021).
More...
Funding boost for rural border councils to help keep
Queensland safe
The rural local governments on the frontline of
Queensland's COVID-19 border closure with New South Wales will
be eligible to share in $1 million from the Queensland Government
to cover the costs of border control (20 August 2021). More...
Council draws fire for controversial foreshore
development in Cairns' Machans Beach
Angry residents in a Cairns fishing village-style suburb
declare no confidence in its council's ability to approve
development applications after allowing controversial new
townhouses (20 August 2021).
More...
Qld corruption watchdog 'took sides' against
councillors, inquiry hears
Queensland's corruption watchdog is under
investigation to determine if it misused its powers to get rid of a
council as a "gift" to the former CEO. The investigation
comes in response to a complaint against the CCC by the state's
peak local government body, LGAQ (18 August 2021).
More...
Councils will not accept any State waste levy proposal
that costs households more
Local Government Association of Queensland CEO Greg Hallam
said any move by the State to penalise households and tax wheelie
bins without properly investing in the industries and technologies
needed to help Queenslanders divert more waste from landfill would
be strongly opposed by the sector (17 August 2021).
More...
Councillors charged with serious offences should not be
stood down: Lobby group
An inquiry has begun into the case of seven sacked Logan
councillors, whose fraud charges were ultimately dropped after
almost two years (17 August 2021).
More...
Not doing its job: Council watchdog sparks press freedom
concerns
Queensland's Local Government Minister has brushed off
concerns about the agency's actions, which forced a rural
newspaper to fight handing over journalists' notes and
recordings (16 August 2021).
More...
In Practice and Courts
Commonwealth
Black Spot Program – about the program
The Australian Government has committed an additional $50
million per year from 2019-20 to the Black Spot Program.
Nominations for Black Spot locations are invited from state and
territory governments, local councils, community groups and
associations, road user groups, industry and individuals (updated
26 August 2021).
More...
Climate resilience strategy consultation
The federal government is developing a new National
Climate Resilience and Adaptation Strategy to provide a roadmap
towards a climate resilient Australia. The new strategy will:
Showcase national adaptation and resilience efforts and Strengthen
national coordination to management physical climate impacts,
including floods, bushfires, droughts and sea level rise. To
provide input to the strategy, complete
this survey by, 6 September.
For further information on the strategy visit
National Climate Resilience and Adaptation Strategy.
2021 Regional Telecommunications Review
Published as a prelude to the 2021 Regional Telecommunications
Review, the paper canvasses issues around adequacy,
opportunity, and awareness of telco services in both rural,
regional and remote areas of Australia. The issues paper,
consultation dates, and details on how to make a submission can be
found here. Written
submissions should be lodged by, 30 September 2021.
23 August 2021 - The Australian Government has released a 2021
Regional Telecommunications Review Issues Paper for public
consultation.
More...
NBN Co releases guidelines for Regional Co-Investment
Fund
Local governments are being invited to apply to take part
in NBN Co's $300 million Regional Co-investment Fund. Several
activities will not be eligible under the fund, including projects
that target fewer than 50 premises or are under $500K total build
cost. Please review
the guidelines to determine eligibility. The closing date for
applications is 18 February 2022, with first build estimate
requests required no later than 1 October 2021.
Victoria
Plan Melbourne – land use
framework
Plan Melbourne 2017-2050 recognises that more detailed planning
is needed for Metropolitan Melbourne to manage growth across the
city. It identifies the need for six plans to be developed,
providing detailed guidance at a regional level and setting a
30-year vision for each area. To achieve this, the Department of
Environment, Water and Planning has developed Melbourne's Future
Planning Framework which is now available for review and
feedback (August 2021).
Local government inspectorate: Local government
integrity matters
Our winter integrity matters newsletter looks at conflict
of interest, personal interest and campaign donations declarations,
and unreasonable or vexatious complaints (August 2021).
More...
Reporting on shelters and pounds
To enable data collection and reporting, Section 4 of the
Code of Practice for the Management of Dogs and Cats in Shelters
and Pounds (the Code) will need to be amended
to require shelters and pounds to provide necessary data to the
Victorian Government. Animal Welfare Victoria is inviting all
stakeholders to complete an
Engage Victoria survey to help shape amendments to the
Code's data collection and reporting requirements, which closes
3 September 2021.
Container deposit scheme
The MAV has
welcomed the release of the Victorian Government's consultation
paper on the design of the container deposit scheme
(CDS). Following significant advocacy from the
MAV, councils, environment groups and others, the State committed
to introducing a CDS by 2023 as part of its
Recycling Victoria policy.
NSW
Review of the rate peg to include population
growth
IPART is seeking feedback and submissions from the public
on the review of the rate peg methodology to include population
growth. Consultation ends September 2021. The rate peg is based on
the annual change in the Local Government Cost Index. The Issues
Paper can be found
here.
More...
2021 local government elections – updated
information for candidates
23 August 2021 updated information is available to help
candidates understand their obligations for the local government
elections.
More...
Animal welfare reform
The NSW Government is modernising and streamlining
NSW's animal welfare laws, proposing to replace three pieces of
outdated legislation with one modern Act that will be easier to
understand and follow. The proposed changes are outlined in the
Animal Welfare Reform – Discussion Paper, Public
consultation will close on Friday 3 September 2021.
Evaluation of 2018 gaming machine reforms
The NSW Government is seeking
feedback to evaluate gaming machine reforms introduced in 2018.
The NSW Government's aims of the reforms include a more
targeted approach to the allocation of funds generated through a
Local Impact Assessment process and the GME leasing scheme Liquor
& Gaming NSW has published a
discussion paper and is seeking feedback from stakeholders.
Consultation closes on 10 September 2021 (24 August 2021).
Industrial lands policy review – Greater Sydney
Region
The Greater Sydney Commission is reviewing its Retain and
Manage Policy for industrial and urban services lands under the
Greater Sydney Region Plan.
More...
Local Government Funding
Applications now open – 2022 Seniors Festival
Grants Program
Applications to the 2022
NSW Seniors Festival Grants Program are now open. There is
$200,000 in funding available for councils and organisations to run
activities for people over 60 during the festival. Applications
close on 30 August 2021.
More...
Reminder: 21-01 Transitioning back to in-person council
and committee meetings and consultation on proposed changes
allowing remote attendance at meetings
The Regulation will be amended while OLG consults on the
proposed amendments to the Model Meeting Code to allow councils to
give approval for individual (but not all) councillors to attend
meetings remotely. The amendments will be temporary and will expire
on 31 December 2021.
More...
Draft noise guide for local government
Public consultation closes on 27 September 2021. The draft
Guide makes it easier to find information on the legislative
framework to manage noise, who is responsible for managing noise,
and the options for management. View
the Draft Noise Guide for Local Government and frequently asked
questions and have your say on the proposed changes.
Queensland
Public consultation: Queensland's renewable energy
zones (QREZ)
Public consultation would be followed by a technical paper
later in the year, for feedback from industry and other energy
stakeholders on the framework for QREZ design and access. The
online survey is open until 30 September 2021.
More...
Works for Queensland projects across the region
The Works for Queensland program supports regional
councils to undertake job-creating maintenance and minor
infrastructure projects such as parks and playgrounds, community
and sports facilities, swimming pools and water play areas,
renewable energy initiatives, footpaths, roads and water
infrastructure. A further $200 million committed for 2024-27. For
more information visit
Works for Queensland.
Cases
Hunter v Greater Geelong CC
[2021] VCAT 980
Review of land classification (Local Government Act 1989,
s183).
Stalvies v Snowy Monaro Regional Council
[2021] NSWCATAP 246
APPEALS – error of law – inadequate reasons
– taking account of irrelevant considerations – failing
to take account of relevant considerations-redetermination
GOVERNMENT INFORMATION – information held by local council
– communications with local council and local residents
– whether personal information – weighing of competing
interests for and against disclosure.
Walker v Northern Beaches Council
[2021] NSWCATAD 251
ADMINISTRATIVE LAW – access to government
information – adequacy of searches ADMININSTRATIVE LAW
– access to government information – production of
redacted documents – whether public interest considerations
against disclosure outweigh public interest considerations in
favour of disclosure.
EEC v Federation Council (No 2)
[2021] NSWCATAD 241
ADMINISTRATIVE LAW – freedom of information –
personal information – remittal of decision for
reconsideration.
McKay
v Brisbane City Council & Anor;
Panozzo v Brisbane City Council &
Anor; Jensen v Brisbane
City Council & Anor [2021] QPEC
42
PLANNING AND ENVIRONMENT – APPEAL – submitter
appeal against approval of a development application seeking a
development permit for material change of use for a six storey
multiple dwelling in the Medium density residential zone –
whether the proposed development is of an appropriate height, bulk
and scale – whether the proposed development will contribute
to a cohesive streetscape – whether the proposed development
will be compatible with the existing and intended character of the
area – whether the proposed development will cause any
unacceptable amenity impact – whether the proposed
development provides for adequate deep planting and landscaping
– whether there is a need for the proposed development
– whether there are relevant matters that support approval of
the proposed development – whether the development
application for the proposed development should be approved in the
exercise of the planning discretion
Planning Act 2016 Qld s 45, s 59, s 60; Planning and Environment
Court Act 2016 Qld s 43, s 45, s 47.
Odna
Group Pty Ltd v Logan City Council [2021]
QPEC 41
PLANNING AND ENVIRONMENT – APPEAL – appeal
against refusal of a development application for operational works
for an electronic advertising device – whether the
development conflicts with the advertising device code in the
planning scheme – whether the advertising device would
materially affect the safety of the movement network –
whether the proposal complies with either the performance outcome
or the purpose and overall outcome of the code, given the operation
of the acceptable outcomes is excluded in relation to safety
– whether the advertising device would materially adversely
affect, rather than protect, the visual amenity of the surrounding
area – whether the acceptable outcomes are met where, in
part, they refer to standards for various signs, none of which fit
the description of the proposal – whether the proposal meets
the performance outcomes or the purpose and overall outcomes in
relation to visual amenity – whether public benefit supports
the favourable exercise of discretion
Planning Act 2016 Qld ss 45(3), 60(2); Planning and Environment
Court Act 2016 Qld ss 43, 45, 47.
Cheung
& Ors v Brisbane City Council & Ors
[2021] QPEC 39
PLANNING AND ENVIRONMENT – CONSOLIDATED APPEALS
– where the appellants appeal a decision by the Brisbane City
Council to approve a development application to build a 28 dwelling
unit complex on 5,335m2 of land at Ascot – whether the
development is of such a bulk, form, intensity and height and scale
that it complies with the assessment benchmarks of the Brisbane
City Plan – whether the impacts of the development on local
amenity comply with the assessment benchmarks of the Brisbane City
Plan – whether the development is to be considered an
'overdevelopment' under the Brisbane City Plan –
whether there are other relevant matters in favour of approval
– Planning Act 2016 Qld ss 43, 59; Planning and Environment
Court Act 2016 Qld ss 43, 45, 46(2), 47; Planning Regulation 2017
Qld s 31(1), Schedule 24.
Legislation
?NSW
Proclamations commencing Acts
Local
Government Amendment (Governance and Planning) Act 2016 No 38
(2021-453) – published LW 20 August 2021
Regulations and other miscellaneous instruments
Contaminated
Land Management (Adjustable Amounts) Notice 2021 (2021-478)
– published LW 27 August 2021
Protection
of the Environment Operations (Clean Air) Regulation 2021
(2021-485) – published LW 27 August 2021
Protection
of the Environment Operations (General) Regulation 2021
(2021-486) – published LW 27 August 2021
Graffiti
Control Regulation 2021 (2021-458) – published LW 20
August 2021
Local
Government (General) Amendment (Integrated Planning and Reporting)
Regulation 2021 (2021-459) – published LW 20 August
2021
Local
Government (General) Regulation 2021 (2021-460) –
published LW 20 August 2021
Local
Government (Manufactured Home Estates, Caravan Parks, Camping
Grounds and Moveable Dwellings) Regulation 2021 (2021-461)
– published LW 20 August 2021
Public
Health Amendment (COVID-19 Penalty Notice Offences) Regulation (No
3) 2021 (2021-452) – published LW 16 August 2021
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.
