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What's News in Local Government? – 10 October 2018

10 October 2018

#Government

What's News in Local Government? – 10 October 2018

In the media 

ALGA federal election advocacy focus: Realise the productive potential of Australia's freight routes
ALGA is calling for the next Federal Government to fund a Local Government Higher Productivity Investment Plan starting at $200 million per annum over five years to help councils address this important issue (28 September 2018). More...

New funding round now open for Building Better Regions Fund
Regional tourism and local jobs are front and centre of the latest round of the Building Better Regions Fund, with regional Australia set to share in $200 million for local infrastructure and community-building projects (28 September 2018). More...

Climate change is happening and Australians are concerned about the impacts
The effects of heat are the driving concern about the impact of climate change, and people were most concerned about more droughts and flooding affecting crop production and food supply (78 per cent), destruction of the Great Barrier Reef (77 per cent) and more bushfires (76 per cent) (27 September 2018). More...

Planning controls not keeping pace with online holiday rentals
Australia needs new planning tools to manage the rapid growth in listings on Airbnb and other online holiday rental platforms, according to a new study by researchers at The University of Sydney. The study found that in some areas of coastal Australia online listings of holiday lets far exceed existing tourism accommodation (26 September 2018). More... 

Councils can lead on sustainable transport: report
Low emissions fleets and better cycling and walking infrastructure are among the ways local government can tackle transport pollution. Since the first Australian manufactured electric buses joined Adelaide’s public transport network last July, the vehicle’s manufacturer has been contracted to produce another 50 low-carbon buses for NSW, Queensland Victoria (26 September 2018). More...

City of the future: Councils lead the way
Local governments on the forefront of smart city approaches are realising the power of data to inform service delivery and long-term planning (24 September 2018). More... 

New gender council has local government in its sights
Australia’s first independent body, Australian Gender Equality Council (AGEC), is committed to gender equality is set to partner with councils to help get more women into elected and executive roles (20 September 2018). More...

Urban development at a ‘critical juncture’
Australia needs a national plan for the growth of cities and regions overseen by a minister, national chief planner and a new COAG council, parliamentary committee says. The committee’s Building up and moving out report makes 37 recommendations addressing issues at national, regional and local level (20 September 2018). More... 

ALGA federal election advocacy focus: Realise the productive potential of Australia's freight routes
ALGA is calling for the next Federal Government to fund a Local Government Higher Productivity Investment Plan starting at $200 million per annum over five years to help councils address this important issue (28 September 2018). More...

New funding round now open for Building Better Regions Fund
Regional tourism and local jobs are front and centre of the latest round of the Building Better Regions Fund, with regional Australia set to share in $200 million for local infrastructure and community-building projects (18 September 2018). More...

Climate change is happening and Australians are concerned about the impacts
The effects of heat are the driving concern about the impact of climate change, and people were most concerned about more droughts and flooding affecting crop production and food supply (78 per cent), destruction of the Great Barrier Reef (77 per cent) and more bushfires (76 per cent) (27 September 2018). More...

Councils can lead on sustainable transport: report
Low emissions fleets and better cycling and walking infrastructure are among the ways local government can tackle transport pollution. Since the first Australian manufactured electric buses joined Adelaide’s public transport network last July, the vehicle’s manufacturer has been contracted to produce another 50 low-carbon buses for NSW, Queensland Victoria (26 September 2018). More...

City of the future: Councils lead the way
Local governments on the forefront of smart city approaches are realising the power of data to inform service delivery and long-term planning (24 September 2018). More... 

New gender council has local government in its sights
Australia’s first independent body, Australian Gender Equality Council (AGEC), is committed to gender equality is set to partner with councils to help get more women into elected and executive roles (20 September 2018). More...

Urban development at a ‘critical juncture’
Australia needs a national plan for the growth of cities and regions overseen by a minister, national chief planner and a new COAG council, parliamentary committee says. The committee’s Building up and moving out report makes 37 recommendations addressing issues at national, regional and local level (20 September 2018). More... 

Queensland

New dog breeding guidelines introduced
From 1 October new guidelines and welfare standards for dog breeding will be introduced by the Queensland State Government. The Standards and Guidelines complement the introduction of the compulsory registration of dog breeders from the May 26 2017 (28 September 2018). More... 

Time to lead from the front
The scope of the issues that councils deal with is growing ever more complex and difficult, even if the bulk of that activity remains unappreciated by the federal and state governments (28 September 2018). More...

New solar farm guidelines bring community, industry certainty
The new Queensland Solar Farm Guidelines are a clear checklist for local governments about what’s needed for sustainable, community and industry-led large-scale solar development (27 September 2018). More...

Developers using unreleased Gold Coast study to push higher, architect claims
A prominent Gold Coast architect says developers are using a council study that is not fully released to the public to push for taller buildings (27 September 2018). More... 

Queensland jobs soar as Toowoomba lands first Qantas pilot training academy
Toowoomba will be home to a multimillion-dollar Qantas pilot training academy set to open in mid-2019, delivering hundreds of jobs for Queensland. Securing the deal was a partnership between the State Government, Toowoomba Regional Council and Wellcamp Airport with support through the Palaszczuk Government’s Industry Attraction Fund (27 September 2018). More...

Burning rubbish to power thousands of homes under Queensland waste-to-energy plan
Queensland's first waste-to-energy plant will be built at Swanbank, west of Brisbane and — spurred on by a $100 million boost from the State Government's waste levy — could power 50,000 homes within five years (20 September 2018). More... 

Community feedback firmly behind light rail extension to Burleigh Heads
More than 75 per cent of Gold Coast residents support Light Rail Stage 3A, according to an independent survey conducted as part of recent community consultation. The Detailed Business Case that is being prepared in partnership with the City of Gold Coast will be completed by the end of 2018 (20 September 2018). More...

Serious water utility charge decision overturned
The Court of Appeal has overturned a decision which invalidated Mount Isa City Council’s water utility charge in December 2017(18 September 2018). More... 

Councils collaborate to keep water and sewage costs low
Queensland councils are joining forces to streamline the design and construction of vital community water and sewage assets across the state (17 September 2018). More... 

Victoria

Bendigo councillor at centre of mosque protests declared bankrupt, resigns
After rising from notoriety to public office, a leading voice in the infamous fight against plans for a country Victoria mosque has been declared bankrupt and has quit her position as a city councillor (26 September 2018). More... 

Bookaar Solar Farm 'the size of Camperdown' rejected over ag land use issues
A plan to build a solar farm that would have been bigger than the nearest town has been nixed by a council in Victoria's south-west (26 September 2018). More... 

Waste water plagued by ‘longstanding issues’
An audit shows Victorian councils are not managing problematic domestic waste water systems, which an expert says reflects a national problem in need of reform. Victorian Auditor-General Andrew Greaves found 11 of the 16 recommendations in the 2006 report have not been addressed (24 September 2018). More... 

Poor benchmarking hinders service innovation
A lack of sector data and executive and councillor support for business improvement are among the barriers to improving how councils deliver services, an audit report into how Victoria’s councils plan and review their service delivery, and their spend on back-office corporate services, has found (24 September 2018). More...

Wellington finds 112 buildings with flammable cladding
Wellington City Council has identified 112 buildings featuring flammable cladding similar to the material that contributed to London’s devastating Grenfell Tower blaze (24 September 2018). More...

EPA fines Council over smelly gas
Problems with landfill gas at a former Clayton South tip have cost the City of Boroondara a fine of more than $8,000 for breaching the Environment Protection Act 1970 (20 September 2018). More...

New Body To Protect And Promote The Yarra River
The Andrews Labor Government will establish a new statutory body, the Birrarung Council, to provide advice to Government to ensure the ongoing protection of the river and delivers on key priorities under the Water for Victoria plan (19 September 2018). More...

New South Wales 

Road maintenance goes mobile for council
Lake Macquarie's mobile software system is helping optimise asset management processes, helping both on-field and office staff manage roads more efficiently. The app forms part of the local government’s digital economy strategy in which staff are exploring ways technology can improve connectivity between communities and the council (27 September 2018).  More... 

New federal targets a great start on recycling solutions
LGNSW President Linda Scott said draft targets to reduce total waste by 10% per capita and divert 80% from landfill were important first steps in developing a comprehensive approach to a growing problem of how to grow recycling (26 September 2018).  More... 

Tomorrow’s transit: hub creates transport solutions
The NSW Government is partnering with technology innovators to tackle Sydney’s transport woes by fast-tracking customer-focused apps. Experts say that congested roads causing bus delays and overcrowded and delayed trains worsened by inadequate infrastructure are plaguing NSW’s transport network (25 September 2018).  More... 

In practice and courts 

Building Better Regions Fund: Round 3
Regional tourism and local jobs are front and centre of the latest round of the Building Better Regions Fund, with regional Australia set to share in $200 million for local infrastructure and community-building projects. Applications will close on 15 November 2018. Eligibility information and lodging applications available here.

Building up and moving out: House of Representatives Standing Committee on Infrastructure, Transport and Cities
This report asserts that the successful development of both cities and regions is intrinsically linked. Regional development needs to be seen as part of a broader pattern of national development, with cities, towns and regions being developed as part of an integrated whole. This demands a high level of coordination in planning and governance by all levels of government. Parliament of Australia, 17 September 2018.  More...  

Gazetted: National Class 3 Drought Assistance Dimension Exemption Notice 2018 (No.1)
20/09/2-18 - This Notice exempts eligible vehicles from complying with certain dimension requirements when transporting specified commodities for consumption by livestock in declared drought affected areas. This Notice expires five years after commencement.  More... 

Queensland

Queensland Solar Farm Guidelines
The guidelines will support local government to identify where solar farm development is appropriate in their community and establish appropriate assessment provisions in their planning scheme. Local government will remain as the assessment manager for solar farm development applications (27 September 2018). More...

Guidelines: Queensland Animal Welfare Standards and Guidelines for Breeding Dogs and their Progeny 
The new regulations, effective from 1 October 2018, will outline the appropriate care, management, shelter, socialisation and housing of breeding dogs. The Standards are mandatory requirements and the Guidelines are advice on recommended practices to achieve desirable welfare outcomes. More...

Local Government Act 2009 [Gazetted 28/09/2018]
Notice of Making Moreton Bay Regional Council Subordinate Local Law No. 3 (Advertising Devices) 2018
The interim local law referred to in paragraph 1 amends Moreton Bay Regional Council Subordinate Local Law No. 1(Administration) 2011. The interim local law referred to in paragraph 1 repeals Moreton Bay Regional Council Interim Local Law No. 2 (Advertising Devices) 2018.

Local Government Bulletin No 09/18: Local Government Borrowings and Working Capital Facilities 2018–19
This Bulletin is to advise Local Governments of the procedure for submitting loan borrowing and/or Working Capital Facility (WCF) applications for the 2018-19 financial year. By COB 30 October 2018 for complete borrowing applications not subject to a detailed QTC review, the Department will approve or not approve the request within 10 business days of the program closing date. More...

Proposed changes to the Economic Development Act 
The Economic Development and Other Legislation Amendment (EDOLA) Bill 2018 was introduced into the Queensland Parliament on 19 September 2018 and has been referred to the State Development, Natural Resources and Agricultural Industry Development Committee for detailed consideration. Amendments are proposed for more than eight Acts through the EDOLA Bill. A copy of the Bill and the Explanatory Notes is available from the Queensland Parliament website. Submissions close on 12 October 2018 with public hearing(s)on Monday 22 October 2018. 

LGAQ: Draft Medicines and Poisons Bill and Regulations 
Consultation drafts of the new Medicines and Poisons Bill and Regulations are now available online for comment. Of note are the proposed changes that will affect local governments whose officers use Schedule 7 poisons (such as 1080) or carry out pest management activities. Consultation drafts are now available online for comment here. Consultation will close on 16 October 2018.

LGAQ: Have your say on vegetation management 
As part of the review of vegetation management legislation in Queensland, the Department of Natural Resources, Mines and Energy have reviewed the following codes: Managing weeds, Managing encroachment, Necessary environmental clearing. The three codes can be found here. Consultation on the codes is open till the 19th October 2018. The LGAQ will be providing comment. 

LGAQ: Casenote
A case in point was this week’s decision by the Court of Appeal to set aside the Supreme Court’s orders arising from its December 2017 invalidation of Mount Isa City Council’s water utility charge. The LGAQ partly funded the council’s appeal, having made the strategic decision that the issue had the potential to affect all councils (20 September 2018).

PCA: Combustible Cladding Update 
The Queensland Government has launched a new website providing further information on the new obligations on owners of private and local government buildings to undertake a mandatory ‘combustible cladding checklist’. The 'Safer Buildings' website will be the portal through which building owners register and begin the new statutory three stage process, aimed at identifying buildings in Queensland that may have potentially combustible cladding. 

Building regulation for cladding reminder
From 1 October 2018 new regulation will come into force requiring building owners to take action to address combustible cladding. The regulation applies to privately-owned buildings that are Class 2-9, are either Type A or Type B construction and approved since 1994. Class 1 and Class 10 buildings are excluded. More...

Reminder: New Councillor Code of Conduct 
The Code of Conduct can be viewed here. Note: From 3 December 2018 the Independent Assessor and the Office of the Independent Assessor (OIA) will assess and investigate councillor conduct complaints. The Code of Conduct will take effect on 3 December.

Reminder: Safer Buildings Website
The 'Safer Buildings' website will be the portal through which building owners register and begin the new statutory three stage process, aimed at identifying buildings in Queensland that may have potentially combustible cladding. The regulation came into effect on 1 October 2018. The website also includes the relevant forms.

QRA ready for disaster funding reform 
To assist with the implementation, QRA has developed MARS (Management and Reporting System), an online application designed to streamline the disaster funding submission process. MARS will be used for events occurring after 1 November 2018, in line with the implementation of DRFA. More... 

Queensland waste disposal levy
The 2018-19 Local Government Levy Ready Grant Program will be open for local government submissions between 31 August and 12 October 2018. More...

LGAQ: Heavy vehicle update: Chain of responsibility laws
On 1 October 2018, amendments to the Chain of Responsibility (CoR) laws will come into effect. These changes will apply a direct duty of care on local government and more and more closely align the laws with Work Health & Safety laws. More... 

New South Wales 

NSW Government acts on community concerns over bike share schemes
Many councils have raised concerns about the amenity and safety of dockless services. The Impounding Amendment (Shared Bicycles and Other Devices) Bill 2018, which passed through Parliament on Wednesday, empowers councils to impound or move bicycles without notice or issue a removal notice. Where operators fail to respond, they will be subject to a court-imposed penalty of up to $2,750 or a penalty infringement notice up to $500 (26 September 2018)

New dates for Environmental Planning & Assessment Act Updates
Councils, certifiers and other industry practitioners have more time to implement some of the recent EP&A Act updates. Changes affect new provisions for building and subdivision certification, Local Strategic Planning Statements for councils in the Greater Sydney Region and Community Participation Plans. There will be a number of changes that will involve further design and consultation from mid to late 2018 outlined here

Cases

Queensland

Toogood v Cassowary Coast Regional Council [2018] QCAT 319 
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Interlocutory application – disclosure sought by applicant from respondent pursuant to s 62 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).
HUMAN RIGHTS – PRIVACY LEGISLATION – Where substantive proceedings allege breach of privacy under the Information Privacy Act 2009 (Qld) – whether documents sought in interlocutory application directly relevant to issues in the proceeding – whether documents subject to valid claim to privilege from disclosure.

Cutbush v Scenic Rim Regional Council (No 2) [2018] QCAT 315
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Where order was made until further order or other order preventing the publication of evidence – whether a new order should be made to allow use of the evidence in a court proceeding.

In the termination of the McKinlay Shire Council - Certified Agreement 2012 - 2014 [2018] QIRC 121 
INDUSTRIAL LAW – Application for termination after nominal expiry date – requirements for termination – agreement terminated. 

In the making of the McKinlay Shire Council Certified Agreement 2018-2021 [2018] QIRC 122 
INDUSTRIAL LAW – Application for Certification of an Agreement – requirements for Certification – agreement certified.

Mount Isa City Council v The Mount Isa Irish Association Friendly Society Ltd [2018] QCA 222 
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – Where the appellant resolved to levy utility charges for water – where the appellant issued rates notices to the respondent, which charged the respondent for utility charges for water in respect of rateable land owned by the respondent – where the utility charges were made pursuant to s 94 of the Local Government Act 2009 (Qld) and s 101 of the Local Government Regulation 2012 (Qld) – where the utility charges for the water were not charged using a “2-part charge” – where the utility charges were worked out on the basis of a fixed amount plus an amount for each unit, or part of a unit, of water that is used over a stated quantity – whether the appellant’s utility charges for water were charged “wholly according to the water used” under s 101(1)(a) of the Local Government Regulation 2012 (Qld). 

Save Surfers Paradise Inc v Gold Coast City Council [2018] QSC 214
LOCAL GOVERNMENT – LEGAL RELATIONSHIPS AND PROCEEDINGS – PROCEDURE RELATING TO LEGAL PROCEEDINGS BY AND AGAINST COUNCILS – COSTS – Where the applicant, a community organisation incorporated as an association under the Associations Incorporation Act 1981, opposed the sale of a carpark by the respondent Council – where judgment was made on 9 August 2018 determined the applicant did not have standing to bring proceedings – where the applicant was, however, successful on one ground of its originating application – whether costs should be awarded against the applicant – whether discretion should be exercised to refuse a costs order against the applicant – whether the proceedings brought were in the public interest – whether the successful respondent Council ought incur costs to public funds.
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT – GENERAL PRINCIPLES AND EXERCISE OF DISCRETION – Where the applicant was successful on only one ground of its originating application – whether costs should follow the event – whether discretion should be exercised in the awarding of costs – whether the proceedings brought were in the public interest – whether the successful respondent Council ought incur costs to public funds – whether each party ought to bear its own costs of and incidental to the application. 

New South Wales

PSEC Project Services Pty Ltd v Kiama Municipal Council [2018] NSWLEC 1501
APPEAL – development application – residential flat building – consent orders – objections raised by residents – height, bulk and scale – streetscape – amenity and safety – overshadowing – view loss – car parking – capacity of laneway.

Gungor v Canterbury-Bankstown Council [2018] NSWLEC 1500
DEVELOPMENT APPLICATION: Ashbury Heritage Conservation Area – dual occupancy – respecting traditional character of Ashbury while facilitating healthy renewal – significance of localised erosion of heritage character.

Balnaves Foundation Pty Ltd v Minister for Planning [2018] NSWLEC 152
JUDICIAL REVIEW: whether an extension of time within which to commence judicial review proceedings was required – applicant seeking to set aside condition of consent – extension of time to commence proceedings required – applicant was two years out of time – reason for delay was due to the applicant misguidedly seeking to resolve dispute by a Class 1 appeal – no evidence of intentional delay of use of Class 1 proceedings to circumvent time limit within which to commence judicial review proceedings – no prejudice to parties – application not opposed – public interest demonstrated – fairly arguable case – finely balanced but time extended – applicant to pay respondents’ costs. 

Cole v Pilowsky [2018] NSWLEC 1495
TREES (DISPUTES BETWEEN NEIGHBOURS) – hedges – obstruction of sunlight – consent orders – one tree not situated on adjoining land – one of respondents’ two trees removed – no jurisdiction for orders. 

Cumberland Council v Tony Younan; Cumberland Council v Ronney Oueik; Cumberland Council v H & M Renovations Pty Ltd [2018] NSWLEC 145
ENVIRONMENTAL OFFENCES – defendants charged under s 125(1) of Environmental Planning and Assessment Act 1979 (NSW) – offence of carrying out development without a construction certificate where a construction certificate was required – alternative charge of aiding, abetting or procuring carrying out of offence – whether alternative charge available CRIMINAL LAW – hearing on separate questions before matters proceed to trial – whether proceedings brought out of time – when evidence of the offence was brought to the attention of an investigations officer – whether Land and Environment Court has power to hear proceedings brought in relation to accessorial liability pursuant to common law principles.

Sydney Advantage Investments Pty Ltd v Deep River Group Pty Ltd T/as Precise Planning [2018] NSWLEC 151
JUDICIAL REVIEW - application for extension of time to commence proceedings - arguable case established - adequate explanation for delay - balancing interests warrants granting extension - extension granted 21 September 2018.

Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2018] NSWCCA 202
ENVIRONMENT AND PLANNING – Consent – Conditions – Construction – condition required development to be carried out substantially in accordance with a statement of environmental effects – whether statement imposed a limit on the maximum daily production of a plant ENVIRONMENT AND PLANNING – Offences – Prosecutions – Practice and procedure – charges laid for breach of conditions imposing maximum daily limits on plant operations without specifying particular day – whether charges bad for duplicity. 

Help Save Mt Gilead Inc v Mount Gilead Pty Ltd (No 4) [2018] NSWLEC 149
JUDICIAL REVIEW - requests for statements of reasons - document provided by Council not a statement of reasons - document provided by Department not a statement of reasons of the Minister’s Delegate - documents rejected JUDICIAL REVIEW - making of amendment of local environmental plan - provision of zoning map with application for gateway determination - complaint no zoning map provided - indicative layout plan provided - held plan provided sufficient detail to satisfy statutory provision - if plan did not do so, failure did not vitiate process for seeking of gateway determination - Ground 1 rejected JUDICIAL REVIEW - allegation of defective air quality report as part of public consultation process - ground seeks impermissible factual review of report’s conclusion - report’s conclusion not manifestly unreasonable - Ground 2 rejected JUDICIAL REVIEW - failure of Council to consider report lodged concerning desirable curtilage of items listed as local heritage items in LEP - holding out that report would be considered - circumstances of holding out limited - circumstances not satisfied - unnecessary to consider if power to waive requirement for timings of lodgement of submissions - community consultation process did not fail as a consequence of non-consideration of report - Ground 3 rejected JUDICIAL REVIEW - alleged failure to consider likelihood of state heritage listing of expanded curtilage - no basis to believe OEH would have advised expanded curtilage being considered - statutory heritage listing process not commenced prior to making of LEP amendment - expanded curtilage not necessarily in conflict with rezoning - three separate reasons to reject Ground 4 - Ground 4 rejected COSTS - multiple respondents - potential for public interest challenge argument available to Applicant - costs reserved.  

Webb v Port Stephens Council [2018] NSWCATAP 224
APPEAL – ADMINISTRATIVE LAW – access to information about consultations by Council about objections to development applications – public interest considerations against disclosure – reasons in McEwan decision apply to important factor relied upon against disclosure – other decisions that Council did not hold information sought – no justification for leave to appeal such decisions.

Molluso v Le [2018] NSWCATOD 158
LOCAL GOVERNMENT – elections – application to Tribunal to dismiss councillor for irregularity in manner of election – councillor alleged not to have been a “resident” of the ward at the time of election – whether address on State electoral roll alleged not to be the residential address of the councillor is an “irregularity” for the purpose of s 329 of the Local Government Act 1993 (NSW) – whether the date of election to civic office under that section is the date of the declaration of the poll – whether the entry of an elector’s address on the State electoral roll identifies the person’s “place of living” for the purpose of ss 266 and 269 of the Local Government Act: WORDS AND PHRASES – “irregularity” – “resident” – “place of living” – “date of the person’s election” to civic office – Local Government Act 1993 (NSW), ss 266, 269, 379. 

Johnston v Wollongong City Council [2018] NSWLEC 1331
APPEAL – development application – dwelling on headland – coastal processes – precedent – visual impact of the development on a prominent headland.

Soligo v Fairfield City Council [2018] NSWLEC 1484
DEVELOPMENT APPLICATION: subdivision – non-compliance with LEP standard, whether cl 4.6 of FLEP is satisfied.

Wilson v MidCoast Council [2018] NSWLEC 1489
APPEAL: modified development consent granted for a service station and convenience store; appeal against the terms of a condition of consent requiring a levy contribution under s 94; whether the formula used to calculate the monetary contribution for a petrol station and convenience store should include a discount for passing trade trips; whether there is power to modify the terms of the condition; whether the condition is unreasonable in the particular circumstances of the case. 

Legislation 

Queensland

Bills Updated 

Bills 
Economic Development and Other Legislation Amendment Bill 2018
Introduced on 19/09/2018 Referred to Committee on 19/09/2018

Subordinate legislation as made
No 150 Proclamation—Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018 (commencing certain provisions) (21 September 2018).

Reminder: No 110 Building and Other Legislation (Cladding) Amendment Regulation 2018
The Regulation is made under the Building Act 1975, and the State Penalties Enforcement Act 1999. The policy objectives of the Regulation are to determine the extent of the use of potentially combustible cladding on existing private buildings in Queensland and raise awareness with building owners of the risks associated with potentially combustible cladding. The Regulation commences on 1 October 2018.

New South Wales

Environmental Planning Instruments
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Inland Code) 2018 (2018-569) — published LW 28 September 2018

Non-Government – 21 September 2018
Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Bill 2018

Bills passed by both Houses of Parliament – 21 September 2018
Strata Schemes Management Amendment (Building Defects Scheme) Bill 2018

Bills passed by both Houses of Parliament - 28 September 2018
Impounding Amendment (Shared Bicycles and Other Devices) Bill 2018
Empowers councils to impound or move bicycles without notice or issue a removal notice. Where operators fail to respond, they will be subject to a court-imposed penalty of up to $2,750 or a penalty infringement notice up to $500 (26 September 2018)

Contacts:
Brisbane
Gerard Timbs, Partner
T: +61 7 3135 0644
E: gerard.timbs@holdingredlich.com

Jenny Humphris, Partner
T: +61 7 3135 0690
E: jenny.humphris@holdingredlich.com

Melbourne
Joseph Monaghan, Partner
T: +61 3 9321 9857
E: joseph.monaghan@holdingredlich.com

Sydney
Peter Holt, Special Counsel
T: +61 2 8083 0421
E: peter.holt@holdingredlich.com

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future. 

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