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Inside track: Local Government

13 July 2020

#Local Government

Published by:

Rachel Foo

Inside track: Local Government

Do your instruments of delegation need to be updated?

Earlier this year, the Local Government Act 2020 (Act) was enacted, bringing into effect comprehensive reform of the local government sector. The first two stages of the Act have now come into force, and there are a number of provisions which must be complied with by 1 September 2020.

In summary, these are:

  • the update of all delegations by Council and Chief Executive Officers (sections 11 and 47)
  • the adoption of an expenses policy (section 41)
  • the establishment of the first audit and risk committee (sections 53 and 54)
  • the approval of the first audit and risk committee charter (section 54)
  • the adoption of a public transparency policy (section 57)
  • the adoption of governance rules (section 60).

Delegations

Getting delegations right is of vital important to councils. Without the necessary and appropriate delegations in place, councils would not be able to perform their functions efficiently or effectively.

The Act provides that, unless sooner revoked, a delegation made by a Council or a Chief Executive Officer under the Local Government Act 1989 continues in force until 1 September 2020. Accordingly, all delegations must be re-made to take effect and be in force on 1 September 2020.

We also highlight that the powers of delegation have changed.

Section 98 of the Local Government Act 1989 provided that a Council may delegate to a member of its staff any power, duty or function of a Council, other than those specified under that section. This section has now been repealed and replaced by sections 11 and 47 of the Act.

Section 11 of the Act provides that a Council may delegate any power, duty or function of a Council under the Act or any other Act (other than a power, duty or function specified under sub-section (2)) to:

  • the members of a delegated committee; or
  • the Chief Executive Officer.

Section 47 of the Act now provides that a Chief Executive Officer may delegate any power, duty or function of a Council that has been delegated to the Chief Executive Officer by a Council to:

  • a member of Council staff; or
  • the members of a Community Asset Committee.

What follows is that any delegation to a member of Council staff of a Council power must now be made through the Chief Executive Officer, rather than directly by the Council.

Councils must ensure that new instruments of delegation are prepared and made in anticipation of 1 September 2020 under the relevant provisions of the Act and in accordance with the powers now provided for.

Authorised Officers

We note that provisions for the authorisation of authorised officers have not been carried over into the Act. The authorisation provisions of the 1989 Act and authorisations made under that Act will continue in force. Authorisations are intended to be the subject of a separate project to be undertaken by the State government in the future.

Authors: Joseph Monaghan & Rachel Foo

In the media

National Water Reform Inquiry
The Australian Government Productivity Commission is undertaking a National Water Reform Inquiry. The inquiry will look at the progress of all Australian governments in achieving the objectives, outcomes and timelines of reform directions proposed in the 2004 Intergovernmental Agreement on a National Water Initiative (NWI). Practical advice will also be provided on ways in which the NWI might be improved. The Commission is currently seeking submissions to the Issues Paper.  More... 

Victoria

Bushfire Grants To Upgrade And Rebuild Community Facilities
Community groups across Victoria’s bushfire-affected areas will share in funding to build or repair local community facilities such as playgrounds, skate parks, pavilions, community gardens and halls. Grant applications will be assessed by how the proposed project will directly benefit local communities (02 July 2020).  More...

Local Government Community Satisfaction Survey results
The latest Local Government Community Satisfaction Survey results have been released, revealing where Council has improved its performance over the past 12 months, and where it can do better (01 July 2020).  More...

City of Melbourne powers up renewable energy deal
A group of prominent Melbourne universities and businesses has secured a multi- million-dollar deal to power their operations using wind energy produced in regional Victoria. ​The purchasing group of seven large energy users includes RMIT University, Deakin University, Cbus Property, ISPT, Fulton Hogan, Citywide Asphalt, and Mondelez International (30 June 2020).  More...

Victoria’s Plans to Redefine Melbourne Skyline
In a plan to “redefine the skyline”, developers will be allowed to build towers up to 40-storeys in the inner north-west suburb of Arden (29 June 2020).  More...

New Plans for North Melbourne Jobs Hub
The Victorian Government has unveiled detailed plans for the new Arden precinct, confirming North Melbourne as a major inner-city hub for thousands of jobs, affordable housing and transport links.The Draft Arden Precinct Structure Plan, was released in partnership with the City of Melbourne (29 June 2020).  More...

Victoria Fast-Tracks $1.1bn in Project Approvals
Two towers at Collins Wharf and the $220 million Geelong Precinct are the latest projects to be fast-tracked by the Victorian government in a bid to kick start the state's economy (26 June 2020).  More...

Billion Dollar Boost To Building And Construction
The Victorian Government has paved the way for more than $1 billion worth of job-creating building projects to get started and help kickstart the economy. On the Taskforce’s advice, the Planning Minister is also in the process of, where appropriate, calling in projects that have become stuck with council or VCAT. To date, he has called in six projects totaling $750 million (26 June 2020).  More...

$4.50 a click: Ratepayers question 'ridiculous' $45k website
Ratepayer groups and marketing experts question Ballarat Council’s attempts to set up special-event websites instead of using Facebook or Instagram (23 June 2020).  More...

NSW

More fast-track projects announced
The NSW Government has announced its latest list of major projects for fast-track assessment. Forty-eight projects have been determined under this program to date. The latest list of 19 projects was announced this week and will be determined by 17 July 2020.  More...

Minister’s Good Practice Guideline MGPG-1: Virtual Meetings
Issued by the Minister for Local Government pursuant to section 87 of the Local Government Act 2020. The Victorian Government’sCOVID-19 Omnibus (Emergency Measures) Act 2020 has introduced into the Local Government Act 2020(the Act) new mechanisms that allows for virtual council meetings –to ensure local government decision-making can continue during the coronavirus pandemic. These new measures will be in force from1 May 2020 until 1 November 2020.  More...

Office of Local Government Circulars

20-27 Amendments to the Companion Animals Regulation 2018
July 1, 2020 - Category: Circular to CouncilsStatus: ActiveCircular Details: 20-27 / 1 July 2020/ A708906Contact: Policy Team / 02 4428 4100 / olg@olg.nsw.gov.au Previous Circular: Nil.  More...

20-26 New guidelines for registration agents
June 30, 2020 - Category: Circular to CouncilsStatus: ActiveCircular Details: 20-26 / 30 June 2020/ A637765Contact: Program Delivery Team / 02 4428 4100 / olg@olg.nsw.gov.auPrevious Circular: 18-26.  More...

20-25 The date of the next ordinary local government elections is 4 September 2021
June 29, 2020 - Category: Circular to CouncilsStatus: ActiveCircular Details: 20-25 / 29 June 2020 / A706318Contact: Council Governance Team/ 02 4428 4100/ olg@olg.nsw.gov.auPrevious Circular: 20-10.  More...

20-24 Extension of increased tendering exemption threshold for contracts for bushfire response and recovery to 31 December 2020
June 26, 2020 - Category: Circular to CouncilsStatus: ActiveCircular Details: 20-24 / 26 June 2020 / A708194Contact: Council Governance Team/ 02 4428 4100/ olg@olg.nsw.gov.auPrevious Circular: 20-03.  More...

20-23 2020/21 Determination of the Local Government Remuneration Tribunal
June 22, 2020 - Category: Circular to Councils Status: Active Circular Details: 20-23 / 22 June 2020 / A707486 Contact: Council Governance Team/ 02 4428 4100/.  More...

20-22 – Supporting local businesses to comply with COVID-19 restrictions
June 19, 2020 - Category: Circular to Councils Status: Active Circular Details: 20-22 / June 2020 / A707074 Contact: Council Engagement Team / 02 4428 4100.  More...

eplanning Platform
On 1 July 2020 all Councils across Sydney, Newcastle, the Central Coast and Illawarra will be required to start accepting and processing DAs, complying development certificates and post-consent certificates via the NSW Planning Portal. It will be mandatory for all greater metropolitan councils to process all applications via ePlanning by the end of 2020. The remaining councils must process all applications through the NSW Planning Portal by 1 July 2021.  More...

Service NSW is currently trialling a pilot NSW strata portal – your feedback is important
The Strata Portal is an online register that collects information from strata schemes across NSW. It will become a central and accessible point of critical information on the state’s strata schemes for citizens, regulators and owners (23 June 2020).  More...

NSW Planning Department: Have your say - Draft plans and policies

Greener Places Design Guide
Notification start-end date 25/06/2020 - 07/08/2020
The Draft Greener Places Design Guide has been released for consultation. The draft guide provides information on how to design, plan and implement green infrastructure in urban areas throughout NSW.  More...

Changes to Housing SEPPs
The SEPP will not apply in heritage conservation areas in Greater Sydney until 1 July 2020.  More...

Queensland

LGAQ welcomes renewed call to create a new offence to ensure the CCC is not used as a political football during council elections
Local Government Association of Queensland CEO Greg Hallam has backed the renewed call of the Crime and Corruption Commission for an offence to finally be created to limit publication of complaints to the CCC during council elections to allow the watchdog time to assess them (03 July 2020).  More...

Queensland Government’s economic response to COVID-19 under the microscope
As the most decentralised state in Australia, Queensland requires a multi-layered economic response in recovering from COVID-19. That is the key message in an LGAQ submission to the Inquiry into the Queensland Government’s economic response to COVID-19 on behalf of Queensland councils (03 July 2020).  More...

Funding for recycling supports regional jobs
The Palaszczuk Government has announced 34 successful recipients who will receive up to $250,000 each from the Regional Recycling Transport Assistance Package (RRTAP). A variety of businesses, charities and local councils from Tambo to Townsville, Mareeba to Mackay are among the recipients (26 June 2020).   More...

Fast-tracked approvals a 'free run' for Brisbane developers, says Labor
Brisbane City Council will fast-track development applications for "minor changes" and domestic-level new houses and alterations, sparking concern from opposition councillors that developers will have a "free run" in the city and face less public scrutiny (26 June 2020).  More...

Cloncurry race club looks to make the expensive move from dirt to turf track
An outback race club is moving forwards with plans to convert their dirt track to turf, but another club has warned of high operating costs (26 June 2020).  More...

Jobs a priority as economic stimulus works for Queensland
Each of these projects have been submitted by the councils to be considered for funding through the Queensland Government’s $200 million Unite and Recover COVID Works for Queensland program. Mr Hinchliffe said it was important to meet with the local councils and discuss how the two levels of government could work together to benefit their communities (24 June 2020).  More...

Branch continues advocacy on setbacks and carparking
The Institute’s Gold Coast Logan branch has written to the City of Gold Coast during its third round of consultation reiterating items raised in previous submissions (24 June 2020).  More...

Roads, bridges and street signs may be renamed in wake of Ipswich council sackings
Bridges, roads and a park named after Ipswich city councillors — including disgraced former mayor Paul Pisasale — could be renamed,with Mayor Teresa Harding saying landmarks should not be used to honour elected officials (23 June 2020).  More...

Rates freeze for most Gold Coast ratepayers as council targets rebuilding city
Gold Coast Mayor Tom Tate says he has handed down a "responsible" budget during challenging times with a rates freeze delivered to most of the city's property owners (22 June 2020).  More...

Historic political donations and election spending reform passed in Queensland
With support from anti-corruption experts and lawyers, the Palaszczuk government has passed its nation-leading electoral reform and integrity laws. The Queensland Parliament has passed a bill to reform the financing of elections by placing caps on donations and election spending (23 June 2020).  More...

Political donations and election spending capped in Queensland as 'historic' laws pass Parliament
The Queensland Parliament has passed a bill to reform the financing of elections by placing caps on donations and election spending. Attorney-General Yvette D'Ath told the House the "bill is historic and nation-leading" (18 June 2020).  More...

The Palaszczuk Government is raising suspicions it's trying to stack the electoral deck Analysis
Australia's most wide-ranging reform of electoral rules designed to stamp out corruption and create a more even playing field passed through Queensland's Parliament yesterday, but it is not to universal acclaim — and not all the critics are the usual suspects (19 June 2020).  More...

Do Gold Coast's car-stacking developments stack up?
Council approves a unit block that could set a benchmark for parking management but there are benefits and drawbacks, says a town planner (19 June 2020).  More...

Another good news week for councils
The LGAQ has been pushing hard to ensure the element of dishonest intent remained in the new conflict of interest offences contained within the Bill to ensure they strike the right balance between punishing wrongdoing and providing for natural justice. On Thursday, the Parliament voted to pass the laws as drafted, with intent included, ensuring it was not moving to criminalise innocent mistakes (19 June 2020).  More...

In practice and courts

Victoria

Standard Levy Rates and Public Land Index for Infrastructure Events
The 2020-21 standard levy rates for metropolitan greenfield growth areas and the public land index prepared by the Valuer-General Victoria (for indexing land credit amounts and land equalisation amounts on 1 July 2020) are now available.

Development Contribution Plans Community Infrastructure Levy
The 2020-21 maximum dwelling amount for a community infrastructure levy is now available. REMINDER: Councils and other collecting agencies must publish on their website the payable dwelling amount for the 2020-21 financial year on or before 1 July 2020, in accordance with section 46LB of the Planning and Environment Act 1987.

Suburban Parks Program: funding grants from 01 June 2020
Funding for the next round of the program will be open to eligible local government area from 1 June, with grants of up to $1.3 million made available for a new pocket park and $275,000 for a new dog park.  More...

Growing Victoria’s Botanic Gardens Grant Program- Round 2 - 2020
Round Two is now open and closes on 16 July 2020. The purpose of the grants program is to rejuvenate Victoria’s botanic gardens by upgrading and enhancing the physical assets and amenities of the gardens and by growing the gardens’ important role in research, conservation and education.  More...

Bushfire recovery grants and funding
A range of funding streams have been announced to support bushfire-affected businesses, farmers and organisations as well as individuals and families including: 
2020 Clean-Up Program 
Victorian Bushfires Case Support Program 
Australian Government Disaster Recovery Payment 

Significant Sporting Events Program
 Councils may apply for grants in this funding program to support the assistance, management or strategic planning of sports events. Applications are open until 30 June 2022 in various rounds. 

s.186 exemption for council recycling contracts
The Victorian Local Government Minister has announced a state-wide s.186 exemption for local councils to extend their recycling collection contracts to 30 June 2021. Attached is a copy of the letter sent to all councils co-signed by Minister Somyurek and the Minister for Energy, Environment and Climate Change, the Hon. Lily D’Ambrosio MP.

City of Melbourne: Public notice - Proposed Naming Of Private Lanes - 143-171 A'Beckett, 364-376 Queen and 332-346 La Trobe streets, Melbourne
Notice is given pursuant to the Naming Rules for places in Victoria 2016 (‘Rules’) that the Melbourne City Council (‘Council’) proposes to name four newly created roads which will be provided within the new development at 143-171 A'Beckett, 364-376 Queen, 332-346 La Trobe Streets, in Melbourne. All feedback received by Council on or before 24 July 2020.  More...

SRO: Register interest for HomeBuilder
Victoria has signed up to the National Partnership Agreement that facilitates the HomeBuilder scheme. Eligible recipients will be able to access grants of up to $25,000 to build a new home or substantially renovate an existing home. We encourage you to register for our HomeBuilder email subscription service so that you can receive progress updates (30 June 2020).  More... 

SRO: Changes to the fire services property levy
Instead of different levy rates for properties in the Metropolitan Fire Brigade area and the Country Fire Authority area, state-wide rates will apply to properties in the same property classification across Victoria from 1 July 2020. Details about how the revised levy is calculated will be published on our fire services property levy page in the coming days.  More...

Golf Course Redevelopment Standing Advisory Committee – Part 1 Report and finalised Planning Guidelines for the conversion of Golf Course Land to other purposes
The Part 1 Report is now available. Following consideration of the Golf Course Redevelopment Standing Advisory Committee’s Part 1 Report, the Minister for Planning has released the Planning Guidelines for the Conversion of Golf Course Land to Other Purposes. They set clear expectations for all stakeholders, including the community, about how golf course land should be redeveloped. The new Ministerial Direction 21 Golf Course Redevelopment directs planning authorities preparing an amendment to a planning scheme to enable the redevelopment of a golf course to have regard to the guidelines and include in the explanatory report for the amendment an explanation of how the amendment addresses the guidelines.

Reminder to submit data on Native Vegetation Removal across Victoria and release of the AR 2018-2019
DELWP received data on approved permit applications to remove native vegetation under Clause 52.16 and Clause 52.17 from 47 responsible authorities. The 2019-2020 Annual report is now under preparation. Data log data for the 2019-2020 financial year will be due on 10th July 2020.  More...

Strategic Extractive Resource Areas Pilot Project – Consultation
The SERA pilot project proposes planning provisions for identified resource areas in two pilot locations - Wyndham and South Gippsland. The proposed planning provisions aim to ensure only appropriate development and land uses occur close to quarry sites and on land with resources of strategic importance.  More...

Growing Victoria’s Botanic Gardens Grant Program- Round 2 - 2020
Round Two is now open and closes on 16 July 2020. The purpose of the grants program is to rejuvenate Victoria’s botanic gardens by upgrading and enhancing the physical assets and amenities of the gardens and by growing the gardens’ important role in research, conservation and education.  More...

Approvals
GC104 facilitates the Waurn Ponds Train Maintenance and Stabling Facility (project) by applying the Public Acquisition Overlay and Specific Controls Overlay (SCO10) to land required for the project. Also, allowing the use and development of that land in accordance with the specific control in the Waurn Ponds Train Maintenance and Stabling Facility Project Incorporated Document, May 2020 (incorporated document).
Glen Eira C216glen introduces the Specific Controls Overlay and applies the SCO1 and the Incorporated Document ‘31 Station Street, Caulfield East (Stages 7 and 8 of ‘Caulfield Village’) – June 2020’ to Stages 7 and 8 of the Caulfield Mixed Use Area, being part of the land at 31 Station Street, Caulfield East, to facilitate the approval of a Development Plan for the use and development of a supermarket, retail, office, dwellings and associated road and infrastructure works at the site, and makes associated changes to the Scheme.
Nillumbik C125nill applies the Specific Controls Overlay to land at 130 and 195 Laughing Waters Road, Eltham to facilitate the use of the land for an Artist Residency program in accordance with the Garambi Baan (Laughing Waters) Residency Centre Project, June 2020 incorporated document.
Port Phillip C168port applies the Specific Controls Overlay and introduces an Incorporated Document titled ‘477-481 Plummer Street, Port Melbourne (part), June 2020’ to facilitate the re-purposing of the existing warehouse site for the purpose of a temporary supermarket, bottle shop, associated car parking and signage.
Stonnington C305ston applies a Specific Controls Overlay to the land at address 285A Burke Road, Glen Iris to facilitate the development of a multi-level, mixed-use building and associated basement car park, and makes associated changes to the Scheme.
Bayside C162bays facilitates the redevelopment of land at the former CSIRO property at 37 Graham Road, Highett by including it in the Bayside Planning Scheme and applying the Residential Growth Zone Schedule 3, the Development Plan Overlay Schedule 2 to the land and the Environmental Audit Overlay to part of the land.
GC160 replaces the Incorporated Document titled Goulburn-Murray Water Connections Project, August 2015 with Goulburn-Murray Water Connections Project, June 2020 to extend the expiry from 30 June 2020 to 31 December 2021; applies Clause 45.12 Specific Controls Overlay to the area affected by the document, in place of Clause 51.01, and makes consequential changes to the Schedules to Clause 72.03 What does this Scheme consist of? and Clause 72.04 Documents incorporated in this Planning Scheme in the Campaspe, Gannawarra, Greater Bendigo, Greater Shepparton, Loddon, Moira and Swan Hill planning schemes.
Cardinia C263card extends the expiry date of the Beaconsfield Structure Plan for 1.5 years from 30 June 2020 to 31 December 2021.
Darebin C190dare extends the expiry date of the Darebin Development Contributions Plan (DCP) by 12 months, to 30 June 2021 and updates references to the Incorporated Document in Schedule 1 to Clause 45.06 and Clause 72.04.
Glen Eira C215glen extends the expiry of schedule 10 to Clause 43.02 (Design and Development Overlay 10 - Elsternwick Activity Centre) to 30 June 2021 and corrects an obvious error to the Table 3 setback diagram.
Kingston C196king inserts the incorporated document 'Metro Tunnel Project 150-170 Old Dandenong Road, Clarinda Incorporated Document, June 2020’ in the schedules to Clause 45.12 and Clause 72.04 of the Kingston Planning Scheme and applies the Specific Controls Overlay (SCO10) to the affected land at 150-170 Old Dandenong Road, Clarinda.
Melbourne C389melb extends the sunset date within the Schedule 2 of the Development Contributions Plan Overlay Clause 45.06 (DCPO2) which enables the collection of development contributions in the Macaulay Urban Renewal Area for the provision of local and State community facilities and infrastructure. Section 4 of the existing DCPO2 notes that the requirements of the overlay cease to have effect after 30 June 2020. This Amendment extends this deadline to 30 June 2022 to enable the completion of the strategic work currently underway to prepare the final Development Contributions Plan (DCP) and a Planning Scheme Amendment to be undertaken for its implementation.
Mildura C110mild amends the Mildura Older Irrigation Area Incorporated Document to allow applications for dwellings in locations abutting existing development where there is likely to be minimal impact on horticulture or the irrigation footprint and use the Specific Controls Overlay to apply the incorporated document to land in the Mildura Older Irrigation Area.
Moreland C209more extends the expiry date of the interim Heritage Overlay affecting properties and precincts in the Moreland Heritage Gap Study area until 30 September 2020.
Port Phillip C191port extends the expiry date of interim Heritage Overlay HO8 applying to 3, 5, 7 and 15 Tiuna Grove, Elwood, until 31 December 2020. 
Whitehorse C226whse extends the expiry date of the interim controls applied by C223 for 6 months until 31 December 2020 while the Minister for Planning considers Council's request to approve Amendment C219, which seeks to apply the Significant Landscape Overlay Schedule 9 on a permanent basis.
Whittlesea C248wsea corrects obvious and technical errors in the Whittlesea Planning Scheme at Clause 22.05, Schedule to Clause 32.07 and Clause 43.05.
Melbourne C369melb inserts Schedule 3 to the Development Contributions Plan Overlay (DCPO3) into the Melbourne Planning Scheme on an interim basis until 30 June 2022 to enable the collection of funds from developments to contribute towards the provision of community facilities and infrastructure upgrades required to deliver the future Arden Structure Plan.
GC150 replaces the existing Small Lot Housing Code incorporated document in the respective Casey, Hume, Melton, Mitchell, Whittlesea and Wyndham Planning Schemes with the new version of the code titled ‘Small Lot Housing Code (Victorian Planning Authority, November 2019)’ to address recurring misinterpretations and provide greater clarity in the incorporated document’s definitions and standards.

NSW

More fast-track projects announced
The NSW Government has announced its latest list of major projects for fast-track assessment. Forty-eight projects have been determined under this program to date. The latest list of 19 projects was announced this week and will be determined by 17 July 2020.  More...

Minister’s Good Practice Guideline MGPG-1: Virtual Meetings
Issued by the Minister for Local Government pursuant to section 87 of the Local Government Act 2020. The Victorian Government’sCOVID-19 Omnibus (Emergency Measures) Act 2020 has introduced into the Local Government Act 2020 (the Act) new mechanisms that allows for virtual council meetings –to ensure local government decision-making can continue during the coronavirus pandemic. These new measures will be in force from1 May 2020 until 1 November 2020.  More...

Office of Local Government Circulars

20-27 Amendments to the Companion Animals Regulation 2018
July 1, 2020 - Category: Circular to CouncilsStatus: ActiveCircular Details: 20-27 / 1 July 2020/ A708906Contact: Policy Team / 02 4428 4100 / olg@olg.nsw.gov.au Previous Circular: Nil.  More...

20-26 New guidelines for registration agents
June 30, 2020 - Category: Circular to CouncilsStatus: ActiveCircular Details: 20-26 / 30 June 2020/ A637765Contact: Program Delivery Team / 02 4428 4100 / olg@olg.nsw.gov.au Previous Circular: 18-26.  More...

20-25 The date of the next ordinary local government elections is 4 September 2021
June 29, 2020 - Category: Circular to CouncilsStatus: ActiveCircular Details: 20-25 / 29 June 2020 / A706318Contact: Council Governance Team/ 02 4428 4100/ olg@olg.nsw.gov.au Previous Circular: 20-10.  More...

20-24 Extension of increased tendering exemption threshold for contracts for bushfire response and recovery to 31 December 2020
June 26, 2020 - Category: Circular to CouncilsStatus: ActiveCircular Details: 20-24 / 26 June 2020 / A708194Contact: Council Governance Team/ 02 4428 4100/ olg@olg.nsw.gov.au Previous Circular: 20-03.  More...

20-23 2020/21 Determination of the Local Government Remuneration Tribunal
June 22, 2020 - Category: Circular to Councils Status: Active Circular Details: 20-23 / 22 June 2020 / A707486 Contact: Council Governance Team/ 02 4428 4100/.  More...

20-22 – Supporting local businesses to comply with COVID-19 restrictions
June 19, 2020 - Category: Circular to Councils Status: Active Circular Details: 20-22 / June 2020 / A707074 Contact: Council Engagement Team / 02 4428 4100.  More...

eplanning Platform
On 1 July 2020 all Councils across Sydney, Newcastle, the Central Coast and Illawarra will be required to start accepting and processing DAs, complying development certificates and post-consent certificates via the NSW Planning Portal. It will be mandatory for all greater metropolitan councils to process all applications via ePlanning by the end of 2020. The remaining councils must process all applications through the NSW Planning Portal by 1 July 2021.  More...

Service NSW is currently trialling a pilot NSW strata portal – your feedback is important
The Strata Portal is an online register that collects information from strata schemes across NSW. It will become a central and accessible point of critical information on the state’s strata schemes for citizens, regulators and owners (23 June 2020).  More...

NSW Planning Department: Have your say - Draft plans and policies

Greener Places Design Guide
Notification start-end date 25/06/2020 - 07/08/2020
The Draft Greener Places Design Guide has been released for consultation. The draft guide provides information on how to design, plan and implement green infrastructure in urban areas throughout NSW.  More...

Changes to Housing SEPPs
The SEPP will not apply in heritage conservation areas in Greater Sydney until 1 July 2020.  More...

Queensland

PCA: Local Government Budget Update
South-East Queensland Councils are currently releasing their budgets for the 2020-2021 financial year. These include the: Gold Coast City Council; Sunshine Coast City Council; Redland City Council (26 June 2020).  More...

PCA: Queensland Government Construction Stimulus
Last week, the Queensland Government announced a $267 million building stimulus package to support construction jobs as Queensland rebuilds from COVID-19. The package is part of the Government’s Unite and Recover for Queensland Jobs plan (25 June 2020).  More...

PCA: Redland Coastal Hazard Adaption Strategy
Redland City Council is inviting community members to provide input into Phase 6 of its Coastal Hazard Adaptation Strategy, a city-wide strategy for the protection of the city’s coastline, including islands and inland rivers and creeks. For more information about the strategy and to take the online survey, please visit the project page here (25 June 2020).  More...

Court Fees and Charges 2020
The fees payable in the federal courts and tribunals will increase from 1 July 2020 to reflect changes to the consumer price index over the past financial year. This is an automatic increase provided by the relevant fees regulations.  More...

Queensland Planning Legislation
Urgent amendments to the Planning legislation are in effect to address concerns raised by a range of stakeholders, including local government and industry, in response to the COVID-19.  More... 

DLGRMA: 2019–21 Works for Queensland Program (W4Q)
The $600 million Works for Queensland (W4Q) program supports regional Councils to undertake job-creating maintenance and minor infrastructure projects.The Queensland Government has amended the 2019-21 W4Q guidelines to allow 19 Councils to access unspent W4Q funding for COVID-19 related expenses. Please refer to Appendix 4 of the 2019-21 W4Q Program Guidelines for the list of eligible Councils.  More...

Economics and Governance Committee: Report No. 37, 56th Parliament—Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019, interim government response
The Government expresses its appreciation to the Economics and Governance Committee for its consideration of the bill and advises that matters relevant to the bill are still under consideration. The Government's final response to the Report will be tabled by 7 August 2020.  More...

LGAQ: Release of the Austroads Guide to Temporary Traffic Management
The formal adoption of the AGTTM in Queensland is planned for July 2020. In preparation for the adoption in Queensland, local government officers involved in traffic management activities can view a Fact Sheet and the new AGTTM and video presentations providing an overview of each section.  More...

LGAQ: Key events for Queensland councils in 2020
Events for March – October 2020 are outlined here. Keep an eye on the events page which will be updates as more events are confirmed in the calendar.

Cases

Victoria

The Big Apple Group Pty Ltd v Melbourne City Council [2020] VSC 393
ADMINISTRATIVE LAW – Victorian Civil and Administrative Tribunal – Consent orders dismissing claim and counterclaim – Subsequent application to set aside consent orders – Whether VCAT has jurisdiction to collaterally review the existence of the agreement on which consent orders were based – Whether the existence of the agreement is a jurisdictional fact – Whether VCAT has implied or inherent power to set aside orders – Whether VCAT functus officio once consent orders made – Whether VCAT orders have effect until set aside – Victorian Civil and Administrative Tribunal Act 1998 ss 93(1), 119 and 120. granting planning permits for licensed premises

Bukva v Monash CC [2020] VCAT 721
Section 77 Planning and Environment Act 1987; Monash Planning Scheme; General Residential Zone, Two dwellings, Side by side configuration; Basement garages; Neighbourhood Character

Ryman Healthcare (Australia) Pty Ltd v Monash CC [2020] VCAT 701
Two lot subdivision and creation of two reserves – refusal to grant a permit – application of the term ‘generally in accordance with’ - Development Plan - secure surplus land

Horks Enterprise Pty Ltd v Maroondah CC [2020] VCAT 696
Section 77 of the Planning and Environment Act 1987. Maroondah Planning Scheme. General Residential Zone. Significant Landscape Overlay. Three double-storey dwellings. Neighbourhood character

Makhmalbaf v Boroondara CC [2020] VCAT 693
Two dwellings; Neighbourhood Character; Landscaping; Visual bulk.

Mollison v Greater Bendigo CC [2020] VCAT 719
Application under section 82 of the Planning and Environment Act 1987 to a review notice of decision to grant a permit; Greater Bendigo Planning Scheme; General Residential Zone; Heritage Overlay – HO30 – Quarry Hill Precinct; partial demolition, extension and alterations to the existing dwelling and construction of a garage; response to heritage precinct; application of policy where heritage is the only permit trigger

Li Feng Investments Pty Ltd v Maroondah CC [2020] VCAT 695
Section 77 Planning and Environment Act 1987; Maroondah Planning Scheme; General Residential Zone Schedule 1; Significant Landscape Overlay Schedule 4; Six attached, three storey dwellings and removal of vegetation; Neighbourhood character; Overdevelopment; Development intensity; Setbacks and landscaping; Car parking. 

Banra Pty Ltd v Banyule CC [2020] VCAT 683
Banyule Planning Scheme; Ivanhoe Activity Centre; Design and Development Overlay Schedule 11 Precinct 5; Heritage Overlay Schedule 90; four-storey mixed use building; response to Overlays; car parking supply; waste management.

Jones v Port Phillip CC [2020] VCAT 714
Section 80 of the Planning and Environment Act 1987; Section 18A of the Subdivision Act 1988; Clause 53.01 of the Port Phillip Planning Scheme; Subdivision into two lots; Boundary realignment; Public Open Space Contribution; Question of law; Whether Tribunal has jurisdiction to consider the application of the third exemption in clause 53.01-1 

Ritterman v Bass Coast SC [2020] VCAT 713
Construction of a double storey dwelling behind the existing dwelling and a two lot subdivision. Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

Archsign Pty Ltd v Moreland CC [2020] VCAT 710
Section 79 of the Planning and Environment Act 1987, three storey development, incremental housing change area, reduction in standard car parking rate, neighbourhood character, amenity impacts, design response, reverse living typology. No permit 

Di Nicolantonio v Monash CC [2020] VCAT 700
Section 77 of the Planning and Environment Act 1987; Monash Planning Scheme; Two Storey Townhouses; Four Dwellings; Residential Growth Zone – Schedule 3; Clayton Major Activity Centre and Monash National Employment and Innovation Cluster. 

Ahmed v Monash CC [2020] VCAT 699
Section 77 of the Planning and Environment Act 1987; Monash Planning Scheme; Side by Side Two Storey Dwellings; General Residential Zone – Schedule 3; Garden City Suburbs (Northern); Two Driveways; Impact on Street Tree; Boundary Development. 

Hu v Whitehorse CC [2020] VCAT 674
Section 77 of the Planning and Environment Act 1987, neighbourhood character, corner lot, retention of existing dwelling 

Bentley v Macedon Ranges SC [2020] VCAT 664
Sections 80 and 82 of the Planning and Environment Act 1987; Macedon Ranges Planning Scheme; Farming Zone; Dog Breeding; 11 Adult Dogs; Character of Area; Noise; Amenity Impacts; Impact on Animals; Traffic.

Sleeman v Nillumbik SC [2020] VCAT 708
Two lot subdivision; Issue of future development in neighbourhood with significant landscape characteristics and site context of canopy trees and steep sloping land; Tree removal; Bushfire exemption and assessing identified neighbourhood and landscape characteristics.

Stewart v Baw Baw SC [2020] VCAT 706
Two lot subdivision of agricultural land, including a small lot house excision; application of Rural Zones local policy; practicalities of the proposed subdivision.

La Rosa v Yarra CC [2020] VCAT 698 (26 June 2020)
Section 79 of the Planning and Environment Act 1987 – General Residential Zone Schedule 2 - triple storey dwelling over a basement – neighbourhood character – car parking – Clause 55

Hopkins v Bayside CC [2020] VCAT 672
Bayside Planning Scheme; telecommunications equipment on top of a two storey building; characterisation dispute about this equipment and whether same is a ‘low impact facility’ or not; Tribunal planning enforcement application lodged; Tribunal hearing; application refused. 

Bhatia v Boroondara CC [2020] VCAT 694
Section 77 Planning and Environment Act 1987; Stonnington Planning Scheme; Neighbourhood Residential Zone, Heritage Overlay, Swimming pool in front setback; Fence; VicSmart application

Beraldo v Frankston CC [2020] VCAT 690
To construct two dwellings; o construct a building and carry out works in a Design and Development Overlay Schedule 9;Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit. 

AMG (Coburg) Pty Ltd v Moreland CC [2020] VCAT 678
Moreland Planning Scheme; Section 79 of the Planning and Environment Act 1987; proposal for construction of a multi-storey development and car parking dispensation; Tribunal review; consent position reached at hearing.

Symonds v Yarra Ranges SC [2020] VCAT 676
Section 77 of the Planning & Environment Act 1987; Yarra Ranges Planning Scheme;
Single dwelling – GWZ4, SLO4 & LSIO; Flood risk impacts

Kingston CC v Landtrak Developments Pty Ltd [2020] VCAT 622
Section 114 of the Planning and Environment Act 1987; Kingston Planning Scheme; Quarry rehabilitation; Permit for sand extraction; Whether permission required for separate use; Whether rehabilitation is being carried out in accordance with approved rehabilitation plan; Whether use or development is a contravention of Scheme or Permit 

The Gardiner Street Collective Pty Ltd v Melbourne CC [2020] VCAT 692
Amendment to the endorsed plans for a 4 storey residential development in relation to the location of skylights, and changes to the sizes of balconies roof terraces and living areas. Application under section 87A of the Planning and Environment Act 1987 – to amend a permit.

Prossomariti v Darebin CC [2020] VCAT 688
The construction of five double storey dwellings on a lot
Application under section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

Kumar v Knox CC [2020] VCAT 640
Section 77 Planning and Environment Act 1987; Knox Planning Scheme; General Residential Zone; Dwellings; Policy; Neighbourhood character.

Silverwood v Yarra CC [2020] VCAT 680
Yarra Planning Scheme; built form and amenity impacts arising from the setback of dwelling additions from a rear boundary.

Studio 3 Australia Pty Ltd v Maribyrnong CC [2020] VCAT 679
Maribyrnong Planning Scheme; hours of operation of an indoor recreation facility; amenity impacts to residential properties from a commercial land use.

Festic v Greater Dandenong CC [2020] VCAT 675
Application under section 77 of the Planning and Environment Act 1987. Greater Dandenong Planning Scheme. General Residential Zone, Schedule 1. Alterations to existing dwelling for two dwellings. Two lot subdivision. Unacceptable private open space. Design response. No permit

Jenkins v Stonnington CC [2020] VCAT 666
Section 77Planning and Environment Act1987; Stonnington Planning Scheme; General Residential Zone, Heritage Overlay, Heritage 

Yvonne Estate Pry Ltd v Maroondah CC & Ors [2020] VCAT 620
Section 77 of the Planning & Environment Act 1987; Maroondah Planning Scheme; General Residential Zone 1; Significant Landscape Overlay (SLO4); Construction of four dwellings; One double Storey Dwelling and Three Single Storey Dwellings; Neighbourhood Character; Massing, Scale and Setbacks; Reverse Living: Vehicular Access; Landscaping; Tree removal; Limited landscaping opportunities; Overlooking; Internal Views; Accessibility; Private Open Space; Design Detail; Subdivision of the land into 4 lots. 

16 Taylor Pty Ltd v Nillumbik SC [2020] VCAT 673
Section 79 Planning and Environment Act 1987; Nillumbik Planning Scheme; Activity Centre Zone Schedule 1; Significant Landscape Overlay Schedule 1; Mandatory height limit; Whether proposal prohibited; Front setback; Landscaping; Visual bulk; Impact on existing trees. 

Zeng v Monash CC [2020] VCAT 668
Construction of three (3) double storey dwellings in addition to the retention of the existing double storey dwelling at 3 Una Street. Application under section 80 of the Planning and Environment Act 1987 – to review the conditions contained in the permit. 

Brewer v Mornington Peninsula SC [2020] VCAT 667
Application under section 79 of the Planning and Environment Act 1987 to review the failure to grant a permit; General Residential Zone; three single storey dwellings; three lot subdivision with common property; Mornington Peninsula Localised Planning Statement; intensity of development in Western Port townships and neighbourhood character 

Lakeside Building Consultants v Mornington Peninsula SC [2020] VCAT 686
Section 77 of the Planning & Environment Act 1987; Section 72 of the Planning & Environment Act 1987; Mornington Peninsula Planning Scheme; General Residential Zone 1; Vegetation Protection Overlay Schedule 1; Design and Development Overlay Schedule 18; Construction of an outbuilding; Removal of Vegetation; Neighbourhood Character; Scale and Bulk; Landscaping Opportunities; Integration with the Street.

Majec Investments Pty Ltd v Mornington Peninsula SC [2020] VCAT 669
Section 77 of the Planning and Environment Act 1987; Clause 52.02 Mornington Peninsula Planning Scheme; Variation of restrictive covenant; What land benefits from the covenant; Impacts on beneficiaries

Mijic v Stonnington CC [2020] VCAT 661
Stonnington Planning Scheme; section 77 of the Planning and Environment Act 1987; proposal for six dwellings which Council does not support; neighbour objections; appeal to the Tribunal resulting in a Tribunal hearing using a Zoom format; key issues of ‘neighbourhood character’ and ‘car parking access’; permit approved.

Banihashemi v Moreland CC [2020] VCAT 660
Section 80 of the Planning and Environment Act 1987; Moreland Planning Scheme; Neighbourhood Residential Zone NRZ1; Two Storey Townhouse; Front Fence; Retrospective Permit Application; Response to Neighbourhood Character Policy; Security and Safety Concerns.

Eckert v Yarra CC [2020] VCAT 657
Section 80 of the Planning and Environment Act 1987. Yarra Planning Scheme. Neighbourhood Residential Zone. Heritage Overlay. Partial demolition and two level addition to single dwelling. Condition requiring retention of section of roof not visible from public realm.

Krispin Pty Ltd v Frankston CC [2020] VCAT 653
Use of the land as a rooming house and development comprising internal works increasing the number of bedrooms from 9 to 12, with no change in occupancy numbers. Application under Section 77 of the Planning and Environment Act 1987 – to review the refusal to grant a permit.

Greater Geelong CC v Transformer Metals Pty Ltd [2020] VCAT 647
Section 120 of the Planning and Environment Act 1987; Greater Geelong Planning Scheme; Metal recycling and skip bin hire business; Alleged contravention of conditions 4, 5, 11, 12, 16 & 20 of permit; Whether interim enforcement order should be made regarding depositing and processing of waste on other land and regarding use outside of authorised hours

Berry v Stonnington CC [2020] VCAT 652
Section 82 Planning and Environment Act 1987; Stonnington Planning Scheme; General Residential Zone, Heritage Overlay, Heritage

Lakeside Building Consultants v Mornington Peninsula SC [2020] VCAT 686
Section 77 of the Planning & Environment Act 1987; Section 72 of the Planning & Environment Act 1987; Mornington Peninsula Planning Scheme; General Residential Zone 1; Vegetation Protection Overlay Schedule 1; Design and Development Overlay Schedule 18; Construction of an outbuilding; Removal of Vegetation; Neighbourhood Character; Scale and Bulk; Landscaping Opportunities; Integration with the Street.

NSW

Armidale Regional Council v O'Connor [2020] NSWLEC 77
(1) The proceedings are dismissed.
CIVIL ENFORCEMENT – proceedings to remedy or restrain a threatened breach of the Local Government Act 1993 – Council meeting called to consider motion to terminate general manager’s contract – whether power to terminate general manager’s contract is an implied power under s 334 of the Local Government Act 1993 or an entitlement under the terms of the contract – whether exercise of implied statutory power conditioned by procedural fairness requirements – whether Councillors failed to accord procedural fairness to general manager – whether apprehension of bias by reason of Councillors being accusers – no apprehended bias as Councillors are not accusers – whether apprehension of bias by prejudgment of Councillors – no apprehended bias through prejudgment – whether failure to afford general manager opportunity for a hearing – duty to accord procedural fairness owed by Council as decision-maker and not individual Councillors – no threatened failure by Council to afford general manager opportunity for a hearing – no threatened statutory breach – proceedings dismissed with costs 

Registrar, Aboriginal Land Rights Act 1983 v Boota [2020] NSWCATOD 69
The Tribunal determines to take no action in relation to the referral of the conduct of Ms Janice Christine Boota by the Registrar. CIVIL AND ADMINISTRATIVE TRIBUNAL – Aboriginal Land Rights Act – local aboriginal land council – Board member – misconduct – referral to Tribunal – disciplinary proceedings
Crimes Act 1900; Interpretation Act 1987; Local Government Act 1993

Ballina Shire Council Managers' Enterprise Agreement 2020-2023 [2020] NSWIRComm 1045
New South Wales Local Government , Clerical, Administrative, Energy, Airlines and Utilities Union. Local Government Engineers’ Association of New South Wales. Local Government New South Wales for Ballina Shire Council

Central Coast Council v Pastoral Investment Land & Loan Pty Ltd [2020] NSWSC 777
Defendant’s challenges to validity and enforceability of Deed of Agreement not made out. Plaintiff’s claim for orders for specific performance declined.
CONTRACT — breach — parties enter into a Deed which contemplates a re-zoning of defendant’s land so that it is partly zoned industrial and partly zoned conservation — Deed provides for defendant to lodge a development application to subdivide the land into two lots to reflect the zonings — Deed further provides for the defendant to transfer to the Council the conservation lot following approval of the subdivision — defendant lodges development application for subdivision and vegetation clearing — Council issues Notice of Determination consenting to subdivision but rejecting vegetation clearing — defendant appeals to Land and Environment Court — whether defendant by failing to lodge subdivision application breached implied term to do all that is reasonably necessary to secure performance of the Deed — held that Deed does not prevent exercise of rights of appeal — held that defendant not in breach where rights of appeal have not been exhausted — specific performance not granted
LOCAL GOVERNMENT — powers, functions and duties — property — whether Council entered into the Deed ultra vires or unlawfully — held that Council had statutory power to enter into the Deed
LOCAL GOVERNMENT — powers, functions and duties — property — whether the Deed included an unlawful fetter upon the future exercise of Council’s statutory powers — held that Council did not fetter the future exercise of its statutory powers where Deed does not include any obligation upon the Council to grant development consent
Local Government Act 1993 (NSW), ss 186(1), 187(1); Local Government (General) Regulation 2005 , cl 400(4)

El Cheikh v Liverpool City Council [2020] NSWLEC 1281
DEVELOPMENT APPLICATION – shop top housing – heritage conservation – State Environmental Planning Policy (Sydney Region Growth Centres) 2006 - Appendix 8 Liverpool Growth Centres Precinct Plan – initial more intense development in a low density setting

Munro v Inner West Council [2020] NSWLEC 1240
DEVELOPMENT APPLICATION – heritage conservation area – Birchgrove Distinctive Neighbourhood – building bulk, form and scale – building location zone – view loss

Environment Protection Authority v Albiston [2020] NSWLEC 80
ENVIRONMENTAL OFFENCES: person concerned in the management of a company which caused a place to be used as a waste facility without lawful authority – executive liability - plea of guilty – sentencing principles – no actual environmental harm – low potential for environmental harm – whether offence committed recklessly - substantial financial losses to third party caused by the commission of the offence – offence committed for financial gain – whether defendant had capacity to pay monetary penalty to be imposed - monetary penalty imposed – costs orders made

Waverley Council v Ash Samadi and Ors [2020] NSWLEC 67

ENVIRONMENT AND PLANNING – validity of development control order – manner of service – s 10.11 Environmental Planning and Assessment Act 1979 – email service arrangements can be indicated by conduct of parties – stop work order was served and was effective
ENVIRONMENT AND PLANNING – validity of development control order – adequacy of time for compliance with stop work order – schedule 5, clause 27 Environmental Planning and Assessment Act 1979 – determination of a “reasonable period” for compliance is an objective question of fact –circumstances of previous stop work order are relevant – if stop work order maintains current state of affairs compliance forthwith is not an unreasonable period – immediate compliance not limited to clause 27(2)
ENVIRONMENT AND PLANNING – validity of development control order – adequacy of reasons – read as a whole the reasons are more than a recitation of the circumstances that enliven the power to issue an order – in any case they could comprise adequate reasons
ENVIRONMENT AND PLANNING – validity of development control order – whether factual foundation to enliven power to issue – Council had sufficient factual foundation
ENVIRONMENT AND PLANNING – whether work undertaken breached development control order –– work undertaken did not conform with the modification to the development control order – stop work order breached
EVIDENCE – where evidence is not evidence of truth – Respondent given sufficient opportunity to respond to criticisms relating to his evidence – Respondent not a witness of truth – Respondent’s evidence should not be relied upon absent some independent corroboration
ENVIRONMENT AND PLANNING – validity of complying development certificate – breach of clause 3.7.2.7 of Building Code of Australia – complying development certificate not authorised to be issued – complying development certificate invalid
ENVIRONMENT AND PLANNING – whether breach of orders for entry – service of notices of entry was effective – failure to give access breached the orders
DISCRETION – s 25E Land and Environment Court Act 1979 – discretion to validate complying development certificate – invalidity arising from absence of power – no steps available to permit validity – breach integral part of the complying development certificate – no reasonable way to sever non-compliant element of the consent – s 25B discretion not available – if available not exercised on circumstances of case
GENERAL DISCRETION – breach of inspection notices – whether declarations sought are bare declarations – declarations serve the public purpose of denouncing conduct – discretion not exercised

Simpfendorfer v Northern Beaches Council [2020] NSWLEC 1274
DEVELOPMENT APPLICATION – consolidation of two lots into one lot – proposed construction of a dwelling house and granny flat – whether proposal is consistent with the desired future character of Oxford Falls Valley – whether potential impacts of the proposal are acceptable – grant of consent not opposed by Respondent

Blacktown City Council v Paciullo; Liang [2020] NSWLEC 75
COSTS – class 4 civil enforcement proceedings – enforcement of brothel closure order – consent orders made in terms sought in summons – capitulation warranting costs order in council’s favour

Mulpha Norwest Pty Ltd v The Hills Shire Council (No 2) [2020] NSWLEC 74
APPEAL – separate question of law – statutory construction of floor space ratio in environmental planning instrument

Hall Street A Pty Ltd v Waverley Council [2020] NSWLEC 1235
DEVELOPMENT APPLICATION – retention and adaptive reuse of a cottage identified as a local heritage item and construction of a shop top housing development – existing use – contravention of the height of buildings development standard – design excellence – building separation and setbacks – solar access – privacy

Queensland

Golden Vision Gold Coast Pty Ltd v Orchid Avenue Pty Ltd [2020] QCAT 215
LANDLORD AND TENANT – LEASES AND TENANCY AGREEMENTS – LESSOR DISCLSOURE NOTICE – whether agreement to lease and the lease are to be construed as one lease – whether lessor disclosure notice provided within seven days under s 21B of the Retail Shop Leases Act 1994 (Qld) – whether notice of termination given – where obligations for lessor and lessee to complete works – where works not completed before handover or completion – whether creates an essential term – whether breach of the lease – where lessee failed to pay rent – whether breach of the lease – whether lease properly terminated by the lessor
Corporations Act 2001 Cth s 127
Retail Shop Leases Act 1994 Qld s 11, s 21B, s 21F, s 103(1)(b)(i)
Retail Shop Leases Amendment Act 2016 Qld s 57
Retail Shop Leases Regulation 2016 Qld s 2

Legislation

Commonwealth Electoral Amendment (Banning Dirty Donations) Bill 2020
18/06/2020 - The Bill proposes amendments to the Commonwealth Electoral Act 1918 (the Act) that will prohibit political donations from certain industries, and impose a cap on all other donations. Specifically, amendments are proposed to ban donations from: property developers; the tobacco industry; the banking industry; liquor and gambling businesses; pharmaceuticals companies; the mining industry

Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
16/06/2020 - The Bill clarifies the relationship between federal and state and territory electoral finance laws, makes technical amendments to public election funding rules and streamlines electoral processes for the efficient delivery of federal electoral events.

NSW

Regulations and other miscellaneous instruments
Local Government (General) Amendment (Tendering) Regulation (No 2) 2020
(2020-315) — published LW 26 June 2020
Coal Mine Subsidence Compensation Amendment (Contributions) Regulation 2020
(2020-274) — published LW 19 June 2020
Electoral Funding (Adjustable Amounts) (Political Donation Caps) Notice 2020
(2020-275) — published LW 19 June 2020
Notice of Adjusted Amounts Under Section 33AF of Duties Act 1997
(2020-280) — published LW 19 June 2020
Parking Space Levy Amendment (COVID-19 Indexation of Levy) Regulation 2020
(2020-281) — published LW 19 June 2020

Environmental Planning Instruments
State Environmental Planning Policy (Major Infrastructure Corridors) 2020
(2020-374) — published LW 3 July 2020
State Environmental Planning Policy (State and Regional Development) Amendment (Regional Panel Development Applications) 2020
(2020-375) — published LW 3 July 2020
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Housing Diversity Code) 2020
(2020-331) — published LW 26 June 2020
State Environmental Planning Policy (Housing for Seniors or People with a Disability) Amendment (Heritage Conservation Areas Exemption) 2020
(2020-332) — published LW 26 June 2020
State Environmental Planning Policy (Infrastructure) Amendment (Energy Storage Technology) (No 2) 2020
(2020-333) — published LW 26 June 2020
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment 2020
(2020-334) — published LW 26 June 2020

Queensland

Bills

Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019
Introduced by: Hon Y D'Ath MP on 28/11/2019
Stage reached: Passed with amendment on 18/06/2020
Assent Date: 30/06/2020 Act No: 20 of 2020 Commences: see Act for details

Victoria

Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019 (Vic)
Part 5 (sections 175-187) of this Act came in by forced commencement on 01 July 2020 s. 2(4).
Act Number: 2/2019 Date of commencement: 30 June 2020

Justice Legislation Miscellaneous Amendments Act 2020 (Vic)
Act Number: 22/2020 Date of assent: 30 June 2020 Part 3—Amendment of Local Government Act 1989
New section 252 inserted

Great Ocean Road and Environs Protection Act 2020 (Vic)
Act Number: 19/2020 Date of assent: 23 June 2020

Victorian legislation can be accessed here www.legislation.vic.gov.au

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.

Published by:

Rachel Foo

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