In the media
'Transformative or transient' - will the
COVID-driven 'great migration' to regional Australia
last?
Migration from capital cities to regional Australia has
been at record levels during the pandemic. Economists and
demographers say many regional economies are exposed to cycles in
mining and agriculture sectors. There are calls to reform the
federal government's Fringe Benefits Tax to provide financial
incentives to move to regional areas (18 November 2021). More...
Councils to receive $1b for infrastructure
projects
Local councils across Australia will soon receive funding
from the Federal Government for their priority community
infrastructure projects. The government is allocating $1 billion to
be shared between the councils and is the third phase of its Local
Roads and Community Infrastructure program (15 November 2021). More...
ALGA welcomes $150m for local disaster mitigation
projects
The ALGA has welcomed the release of guidelines for the
$150 million community infrastructure component of the
Commonwealth's $600 million Preparing Australia Program. The
Program is focused on disaster preparedness and responds to
recommendations of the Royal Commission into National Natural
Disaster Arrangements (09 November 2021). More...
Local government considered cybersafe
When it comes to cyberthreats, local government is one of
the most trusted industries in Australia, and is the least targeted
industry in Australia for cyber attacks, according to a new report.
The inaugural Brand Trust Report from Mimecast, an email security
and cyber resilience company, shows the impact of cyber attacks on
consumer trust (08 November 2021). More...
NSW
Tough new laws to protect public spaces
Minister for Local Government Shelley Hancock said new
tough new laws provide councils, other public land managers and
police with stronger powers and penalties to rid our footpaths,
streets, parks, bushland and waterways of abandoned and unattended
property," (19 November 2021). More...
$3 million boost for bush and border communities hit
hard by pandemic
The NSW Government announced $3 million in funding to
boost COVID-19 response efforts for small rural and border councils
to support their communities. The NSW Partnerships: Local
Councils Program - Stage 2 would provide grants of $90,000
each for 33 bush and border councils (16 November 2021). More...
$75 million Resources for Regions round eight delivering
projects for mining towns
Mining communities across regional NSW are set to benefit
from infrastructure and programs that will improve economic
opportunities, local amenity and create positive social outcomes,
thanks to Round Eight of Resources for Regions (08 November 2021).
More...
Queensland
Disaster assistance for floooded Queensland
Communities
Disaster assistance is now available to five
flood-impacted local councils following heavy rainfall and flooding
across Western and Southern Queensland from 10-13 November 2021 (18
November 2021). More...
Statement by the Independent Assessor Kathleen Florian -
Gladstone councillor complaint
The OIA is not investigating Gladstone Regional Councillor
Natalia Muszkat. The OIA has asked the councillor for her side of
the story after it received a complaint two weeks ago. The OIA is
required by law to assess every complaint (16 November 2021). More....
Council releases West End green bridges designs for
public comment
Designs for two green bridges linking West End to Toowong
and St Lucia have been released by Brisbane City Council for public
consultation (15 November 2021). More...
Pressure on Queensland council over mounting legal costs
involving former CEO
There is growing anger over the use of ratepayers'
money to fund a court case with no end in sight, as the council
admits to misleading the public (15 November 2021). More...
LGAQ welcomes new program to cut NQ insurance
costs
Under the program, $10 million will be made available to
councils in cyclone-prone areas with population centres within 50
kilometres of the coastline. This includes 33 councils from
Bundaberg to the Northern Territory border, as well as Weipa Town
Authority (11 November 2021). More...
Planning minister to give community a say on Clive
Palmer's coal-fired power station proposal
Clive Palmer's Waratah Coal wants to build a
coal-fired power station near the town of Alpha in central western
Queensland. The plan is before Barcaldine Regional Council, but
Deputy Premier and Planning Minister Steven Miles might take over
the assessment process (09 November 2021). More...
Top cop loses legal bid to appeal ex-mayor's fraud
acquittal
Former Ipswich mayor Andrew Antoniolli was charged by the
Crime and Corruption Commission in 2018 with 13 offences (10
November 2021). More...
Ipswich council set to trial shared e-scooter
scheme
The six-month pilot will take place in Springfield
Central, which has newer infrastructure and will need less
investment to support an e-scooter trial (09 November 2021). More...
In Practice and Courts
NSW
IPART review of infrastructure contributions system -
deadline extended
15 November 2021 IPART has extended the deadline for
submissions on the draft report Essential Works List, Nexus,
Efficient Design and Benchmark Costs for local infrastructure. More...
Remanufacture NSW - round 2 open
12 November 2021 The next round of Remanufacture NSW round
of funding for regional and remote organisations in NSW is now
open. More...
Regional and remote councils urged to seek recycling
grants
10 November 2021 An ongoing campaign to boost recycling
and build a circular economy is paying dividends across NSW, with
local councils urged to apply for funding under Round Two of the
Remanufacture NSW Program. More...
State Wage Case 2021
8 November 2021 Rates of pay and work-related allowances
in NSW awards have been increased by 2.5 per cent. More...
Infrastructure Contributions Reforms
The NSW Government is exhibiting a proposed framework for
reforms to the infrastructure contributions system. This includes a
new framework for Regional Infrastructure Contributions and changes
to local infrastructure contributions. Submissions on the proposed
changes are due by 10 December 2021. Further information is
available from the Department of Planning, Industry and
Environment.
Model Code of Meeting Practice
The Model Code of Meeting Practice provides a uniform set
of meeting rules for councils across the State to help ensure more
accessible, orderly, effective and efficient meetings. The code
applies to all meetings of councils and committees of councils of
which all the members are councillors (committees of council).
Council committees whose members include persons other than
councillors may adopt their own rules for meetings unless the
council determines otherwise. The new Model Code of Meeting
Practice for Local Councils in NSW can be found here.
OLG NSW
Local Government Risk and Internal Audit
Consultation period from: 24 August 2021 - 26 November
2021
The Office of Local Government is seeking feedback on the draft
Guidelines for Risk Management and Internal Audit for local council
in NSW. More...
Creative Capital grant program opens
Create NSW has opened applications for Round 1 of Minor
Works and Equipment Projects through the Creative Capital program.
Expressions of interest for grants over $250,000 will open on 5
October 2021. More...
OLG Circulars
21-35 2021 Model Code of Meeting Practice for Local
Councils in NSW
Circular Details 21-35 / 29 October 2021 / A796782
Previous Circular21-02 Temporary exemption from the requirement for
councillors to attend meetings in. More...
21-34 Updated guidance on COVID-19 restrictions and
council meetings
Circular Details21-34 / 27 October 2021 / A793785 Previous
Circular21-14 COVID-19 restrictions and council meetings Who should
read this Councillors / General Managers. More...
Fixing Country Bridges Round 2 Applications Open
Round 2 of the Fixing Country Bridges Program is now open
for applications. Councils can apply for funding to replace ageing timber
bridges in their local areas. Applications close 10 November
2021.For more information on Fixing Country Bridges, visit nswroads.work/fixingcountrybridges.
Cases
Sunland Group Limited v Gold Coast City
Council [2021] HCA
35
Appeal dismissed with costs
Local government - Town planning - Development approvals - where
second appellant purchased undeveloped parcel of land in 2015 -
where preliminary approval granted in 2007 for development project
pursuant to Integrated Planning Act 1997 (Qld) - Where preliminary
approval contained "conditions" regarding payment of
infrastructure contributions by developers to respondent Council -
where development permits granted in 2016 - where Integrated
Planning Act introduced new regime permitting local governments to
levy infrastructure charges by notice - where s 6.1.31(2)(c) of
Integrated Planning Act preserved as interim measure existing
regime of imposing condition on development approval requiring
infrastructure contributions - where new regime maintained by
Sustainable Planning Act 2009 (Qld) and Planning Act 2016 (Qld) -
where respondent Council issued infrastructure charges notices in
accordance with new regime following issue of development permits -
whether conditions in preliminary approval imposed liability to pay
infrastructure contributions - whether conditions proper exercise
of power in s 6.1.31(2)(c) of Integrated Planning Act
Words and phrases - "conditions", "development
approval", "development permit", "future
liability", "infrastructure charges",
"infrastructure contributions", "notice alerting the
developer to the Council's future intentions",
"preliminary approval".
Dubow v Mid-Western Regional Council
(No 3) [2021] NSWCA
279
APPEAL - application for leave to appeal - judicial review
of conduct of local council - whether local council an impounding
authority - powers of council officers to impound stock straying on
public road - whether alpacas are stock or animals PROCEDURE -
costs - availability of gross costs order - notice of intention to
make gross costs order - whether procedural unfairness.
Club Marconi Limited v Fairfield City
Council [2021] NSWLEC
132
CIVIL PROCEEDINGS - declarations - development for the
purpose of seniors housing comprising in-fill self-care housing-
whether site is zoned primarily for urban use under cl 4(1) of
State Environmental Planning Policy (Housing for Seniors or People
with a Disability) 2004 - whether most of the land that adjoins
site is land zoned for urban purposes under cl 4(5) of SEPP - land
zoned RE2 Private Recreation under Fairfield Local Environmental
Plan 2013 - site is zoned primarily for urban purposes - most of
the site adjoins land zoned for urban purposes.
Australian Golf Management Corporation
Pty Ltd v Logan City Council [2021] QSC
291
LIMITATION OF ACTIONS - GENERAL MATTERS - AMENDMENT OF
ORIGINATING PROCESSES AND PLEADINGS OUTSIDE LIMITATION PERIOD -
AMENDMENTS INTRODUCING NEW CAUSE OF ACTION OR PARTICULARISING CAUSE
OF ACTION - where the plaintiff seeks leave to amend its claim and
statement of claim to include new causes of action in respect of
which the relevant period of limitation has now ended, being claims
of non-parties to the proceeding which were assigned to the
plaintiff prior to the proceeding being commenced - whether the new
causes of action arise out of the same or substantially the same
facts as the causes of action for which relief has already been
claimed in the proceeding by the plaintiff and whether it is
appropriate to give leave to make the amendment under r 376(4) of
the Uniform Civil Procedure Rules 1999 (Qld) - whether other
proposed amendments are merely elaborations of the existing causes
of action, or relevant only to, or comprise, new causes of
action
Council formed an alliance of engineering service providers to
plan, design and deliver capital works projects to meet the demand
for water services within its Council area. One of the projects was
a major sewerage upgrade in an area near the golf course which
involved the construction of about 6.4 km of pipeline.
Allen-Co Holdings Pty Ltd v Gympie
Regional Council [2021] QPEC
64
PLANNING AND ENVIRONMENT - APPEAL - appeal against an
infrastructure charges notice (ICN) - where there was an error in
the calculation of the charge and the ICN should be set aside and
replaced - where debate as to the terms of the replacement ICN -
where a charge may be levied because the development will place
extra demand on trunk infrastructure - where the adopted charge in
the charges resolution must be used to calculate the levied charge
- where the adopted charge rate for the development is $13,330 -
where the Council asserts this rate should be the basis for the
replacement ICN - where the appellant contends that the rate of
$13,330 should be discounted on the basis that the development will
generate extra demand on some forms of trunk infrastructure, but
not others - whether the charges resolution should be so construed
as to justify the application of a proportional discount
Planning Act 2016 QLD ss 112(1), (3), 113(1), 119, 120, 130 229(a),
Sch 1 Table 1 Item 4, Sch 2
Planning Regulation 2017 QLD s 52(3)(a), Sch 16.
G Santalucia Investment Pty Ltd v
Bundaberg Regional Council [2021] QPEC
63
PLANNING AND ENVIRONMENT - APPEAL - APPEAL AGAINST
ENFORCEMENT NOTICE - where the appellant was given an enforcement
notice under s 168 of the Planning Act 2016 in relation to
earthworks - where the appellant appealed against the decision to
give the enforcement notice - whether the Planning Regulation 2017
prohibits the Planning Scheme from categorising the operational
works as assessable development - whether the enforcement notice
should be set aside in the exercise of the discretion
Planning Act 2016 QLD s 43, s 44, s 163, s 168; Planning and
Environment Court Act 2016 QLD s 43, s 45; Planning Regulation 2017
QLD s 16, sch 6; Sustainable Planning Act 2009 QLD s 232;
Sustainable Planning Regulation 2009 QLD s 16, sch 6.
Redland City Council v Canaipa
Developments Pty Ltd & Ors [2021] QPEC
62
ENVIRONMENT AND PLANNING - APPLICATION - COSTS - final
enforcement orders compelling compliance with a lawful and
functioning on-site sewage and wastewater treatment system -
whether the first and/or second respondents ought pay the applicant
council's costs of the enforcement proceeding pursuant to s
60(1)(b) and/or 61(1) of the Planning and Environment Court Act
2016 - whether respondents' conduct in the proceeding frivolous
or vexatious - whether costs be assessed on the standard or
indemnity basis
Environment Protection Act 1994 Qld; Planning and Environment Court
Act 2016 Qld ss 59, 60, 60(1)(b), 61(1).
R v Samarasekera
[2021] QCA 239
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST
SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE
OR INADEQUATE - where the applicant was Director of Engineering at
a regional council - where the applicant, using his position,
ensured the council entered into a contract with an associate's
business - where the applicant, over approximately three years
received, via his wife, secret commissions totally approximately
$120,000 - where the applicant was convicted on his own plea of
guilty of 79 counts of receipt of secret commission by an agent -
where the applicant was sentenced to five years imprisonment to be
suspended after having served 20 months, with an operational period
of five years - where the applicant applies for leave to appeal
against his sentence on the grounds that it is manifestly excessive
- whether the sentence ought to have been wholly suspended, or if a
suspension was warranted, whether a lesser term of imprisonment
prior to suspension should have been imposed instead.
Commissioner of Police v
Antoniolli [2021] QCA
237
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES -
INTERFERENCE WITH JUDGE'S FINDING OF FACT - FUNCTIONS OF
APPELLATE COURT - WHERE INFERENCES OF FACT INVOLVED - GENERALLY -
where the respondent, in his capacity as a councillor of the
Ipswich City Council ('the Council'), had on 13 occasions
bid at or authorised payments for bidding at charity auctions by
way of a donation from the Council's community donations fund
('the Fund') - where the respondent was convicted by a
magistrate of 12 charges of fraud and one charge of attempted fraud
- where the respondent appealed those convictions to the District
Court - where the District Court judge found that the
respondent's use of the Fund to pay for charity auction items
was neither outside nor prohibited by Council policy and that the
respondent nevertheless believed that the practice was within
Council policy provided that he did not benefit personally - where
the District Court judge allowed the appeal and set aside the
convictions - where the applicant appeals that decision pursuant to
s 118(3) of the District Court of Queensland Act 1967 on grounds
that, inter alia, the District Court judge erred in finding that
use of the Fund to pay for charity auction items was outside or
prohibited by Council policy - where leave to this Court is granted
only where necessary to correct a substantial injustice - whether
the District Court judge erred in finding that use of the Fund to
pay for charity auction items was outside or prohibited by Council
policy - whether such an error bears significantly on the District
Court judge's finding that the respondent held an honest belief
that use of the Fund to pay for charity auction items was not
outside policy - whether the applicant has identified a proper
basis for interference by this Court in the District Court
judge's factual finding as to the state of the respondent's
belief
Criminal Code 1899 Qld s 408C(1); District Court of Queensland Act
1967 Qld s 118(3); Sale of Goods Act 1896 Qld s 29, s 30, s 41, s
59.
Legislation
NSW
Regulations and other miscellaneous instruments
Community Land Management Amendment (Meetings of
Associations) Regulation 2021 (2021-657) - published LW 12
November 2021
Environmental Planning and Assessment Amendment
(Norwest Innovation Precinct) Regulation 2021 (2021-660) -
published LW 12 November 2021
Local Government (General) Amendment (Model Code of
Meeting Practice) Regulation 2021 (2021-661) - published LW 12
November 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.
