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Inside track: Local Government

13 December 2021

#Local Government

Inside track: Local Government

In the media

‘State govts can help LGs drain Australia’s food swamps’
State governments should get behind local government efforts to create a healthy and sustainable food system in Australia, a new report says (03 December 2021).  More...

Insurance industry welcomes $50 million funding for flood mitigation
The insurance industry has welcomed the Federal Government’s announcement of additional funding to protect communities from flooding. The report advised the government to invest in coastal protection infrastructure, improve its data collection of the scale of the problem, and consider land-use planning that focuses on actions of the sea (01 December 2021).  More...

$30b needed to protect coastal communities: Insurance Council
Governments will need to invest $30 billion in large-scale coastal protection and adaptation over the next 50 years, the Insurance Council of Australia (ICA) says (03 December 2021).  More...

Guidelines for Phase 3 of LRCI program now up online
Phase 3 of the Local Roads and Community Infrastructure (LRCI) program has begun, with guidelines for councils seeking project funding now online (03 December 2021).  More...

LG workforce rises to 191,000 during last financial year
There were 190,800 people working in local government at the end of June 2021, new Bureau of Statistics figures show. This is about 4800 more people than were employed at the same time in 2020 (03 December 2021).  More...

Plastic recovery rates stuck in the slow lane, APCO warns
The Australian Packaging Covenant Organisation (APCO) says plastic remains a concern, with recovery rates showing no significant improvements over a three-year period.
Implementing nationally consistent approaches to regulatory interventions by state and federal governments remains a challenge (03 December 2021).  More...

‘Vandals’: Victoria, Queensland fume over federal climate intervention
The Morrison government has used sweeping new powers to override state and territory government support for an international agreement to cut greenhouse gas emissions. The government has deployed recently passed laws to overturn the participation of five states and territories in the global Under 2 Coalition (29 November 2021).  More...


Queensland eyes infrastructure charges as Brisbane Lord Mayor says caps are too low
Councils should be allowed to charge developers more so infrastructure can keep pace with growth, Brisbane's Lord Mayor says, as the divide with Victoria and NSW comes to light (03 December 2021).  More...

Calls to tighten leash of corruption watchdog after Logan council saga
The body was found to have “failed in its duty” when charging seven Logan councillors and the city’s mayor with fraud, charges that were ultimately dropped (02 December 2021).  More...

LGAQ: CCC Chair should stand down following damning parliamentary report
A public apology and compensation must be issued immediately to the former Logan councillors wrongly charged by Queensland’s Crime and Corruption Commission (CCC) following today’s damning report into the CCC’s handling of the matter (02 December 2021).  More...

QLS: A report into the CCC's investigation of former councillors of Logan City Council and related matters
The tabled Queensland Parliamentary Crime and Corruption Committee in the ‘Inquiry into the CCC’s investigation of former councillors of Logan City Council makes 14 findings and 6 recommendations, including calls for legislative reform and cultural change (02 December 2021).  More...

$19 Million available to Queensland communities to increase resilience and reduce disaster
Queensland communities can now apply for a share of more than $19 million in resilience and risk reduction funding to help them better prepare for future disasters. $6 million is exclusively available for the 14 local government areas hardest hit by the 2019 North Queensland monsoon trough (23 November 2021).  More...

In Practice and Courts


OIC Queensland Decisions – 22 November 2021
U24 and Brisbane City Council [2021] QICmr 61 (22 November 2021) | Office of the Information Commissioner Queensland

Tabled papers 02 December 2021
Tabled Paper – Report No. 108, 57th Parliament—Inquiry into the Crime and Corruption Commission’s investigation of former councillors of Logan City Council; and related matters
Tabled Paper – Report No. 108, 57th Parliament—Inquiry into the Crime and Corruption Commission’s investigation of former councillors of Logan City Council; and related matters—Volume of Additional Information 

Royal Commission into National Natural Disaster Arrangements – Queensland Government Implementation – First progress report 2021
The Queensland Government remains committed to making Queensland the most disaster resilient state in Australia and strives to safeguard people, property and the environment from disaster impacts, while recognising the importance of empowering and supporting local communities to manage disaster risks, respond to events and be more resilient.  More...

OIC Publications
The complaint landscape in Indigenous councils Last updated: 30 November 2021


Sunland Group Limited v Gold Coast City Council [2021] FCA 1473
CORPORATIONS – consideration of an application for orders for the production of documents in an unredacted form on the contended footing that the applicant in the principal proceedings had engaged in conduct giving rise to an implied waiver of legal professional privilege said to subsist in the text redacted from the various documents in question – consideration of whether waiver had arisen in relation to a range of other documents
PRACTICE AND PROCEDURE – consideration of the principles relating to implied waiver of legal professional privilege – consideration of whether waiver had arisen on the facts in question.

Noosa Council v Cordwell Resources Pty Ltd & Ors [2021] QPEC 67
APPLICATION FOR INTERIM RELIEF – INTERLOCUTORY INJUNCTION – where the Applicant filed an Originating Application for enforcement orders on both an interim and final basis – where the Applicant is seeking an interim order to enforce the terms of the development approval under which the First Respondent exercises its rights and economic interests in operating the Kin Kin quarry – whether the actions of the First Respondent have resulted in the commission or prospective commission of a development offence – whether the Applicant has demonstrated a prima facie case – whether the balance of convenience favours an exercise of discretion to grant the interim relief.

Mackenzie v Noosa Shire Council [2021] QPEC 61
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION – DECLARATORY PROCEEDING – where the applicant seeks a declaration under section 11 of the Planning and Environment Court Act 2016 (Qld) concerning the calculation of site cover for a proposed building – where the proposed building is the subject of a building application – where an earlier building application was made to a private certifier and referred to the Council – where the Council took issue with the calculation of site cover in a request for information – where the applicant amended its plans which led to a satisfactory referral response and approval – where the applicant made a further application for a new building approval which added previously excluded elements back in – where the applicant asked the building certifier to put the application on hold until the applicant could get a declaration from the Court in relation to the proper calculation of site cover – where non-compliance with site cover percentages in an acceptable outcome was a trigger for development moving from accepted development to code assessable development – whether the application for declaratory relief is directed towards the determination of a legal controversy or an abstract or hypothetical controversy and is advisory in nature – where any decision on the development application can be appealed – where the current application has not yet been referred to Council.

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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