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Inside track: Local Government

06 May 2020

#Local Government

Published by Andrew Magoffin

Inside track: Local Government

In the media

Mobile Black Spot program to fund 182 new base stations
Regional mobile coverage will be improved with 182 new base stations planned under Round Five of the Federal Government’s Mobile Black Spot Program. The results of the Round 5 assessment process were announced on 21 April, taking to 1229 the total number of base stations funded under the Mobile Black Spot Program (24 April 2020).  More...

Local Government supports agreement to facilitate planning assessment processes
The ALGA has endorsed a set of principles to guide changes to planning systems during the COVID-19 pandemics. The agreement was reached between ALGA, the State and Territory Planning Ministers, and the Federal Minister for Population, Cities and Urban Infrastructure, Alan Tudge, at a meeting on Friday (20 April 2020).  More...

Government backs local ideas for Inland Rail interface improvements
Intermodal hubs and new freight provisioning centres are amongst 16 local project proposals to be further developed with support from the Australian Government’s $44 million Inland Rail Interface Improvement Program (13 April 2020).  More...

Victoria

Legislation to Support Jobs, Services And Victorians Passes
The COVID-19 Omnibus (Emergency Measures) Bill 2020  allows common-sense changes to comply with physical distancing measures – allowing planning permits to be displayed and sent electronically. It also allows for virtual meetings for councils and joint standing committees of the Parliament so they can carry out their work remotely (24 April 2020).  More...

MAV welcomes legislative changes to enable councils to meet electronically
The Municipal Association of Victoria (MAV) welcomes the passing of legislation today that enables council meetings to be conducted electronically  (23 April 2020).  More...

Supporting First Home Buyers In Regional Victoria
The Victorian Government is extending the $20,000 First Home Owner Grant for people buying or building a new home in regional Victoria for an extra 12 months, in another measure to support Victorians through the coronavirus pandemic.The grant is available for first home purchases across 48 councils, with Greater Geelong, Ballarat, Bendigo, Wodonga and Shepparton among the most popular (23 April 2020).  More...

Changes To Council Electoral Structures
The Andrews Labor Government is delivering grassroots democracy and accountability in local government through a suite of changes to council electoral structures. The new Local Government Act 2020 introduced a preference for single member wards to support closer relationships between councillors and their communities (22 April 2020).  More...

Temporary Emergency Measures to Manage Coronavirus Crisis
New  legislation also amends the Local Government Act 2020 to allow virtual meetings for local councils and amends the Parliamentary Committees Act to allow joint standing committees of the Parliament, including the Public Accounts and Estimates Committee (PAEC), to carry out their work remotely (21 April 2020).  More...

NSW

Best road to recovery is locally led by councils
Local Government NSW (LGNSW) has welcomed a Federal Government plan to fast track shovel-ready road projects that will save council jobs and help boost local economies. LGNSW President Linda Scott said local councils stood ready to carry out road projects that would support local council operations, jobs and businesses (25 April 2020).  More...

NSW Government goes online to ensure public stays informed on planning matters
Councils will now be able to notify their communities of local planning matters online under new regulation introduced today to ensure the public receives the most accurate and up-to-date information during the COVID-19 pandemic (20 April 2020).  More...

Regulatory changes to take pressure off ratepayers, businesses and councils
The NSW Government has today made a series of regulatory changes to ensure council resources continue to be focused on frontline COVID-19 response efforts and allow councils to provide financial relief to businesses and residents (17 April 2020).  More...

ePlanning mandate a big win for homeowners
Homeowners in metropolitan Sydney, Newcastle, the Central Coast and Illawarra will be able to lodge DAs online in the comfort of their homes, and see a reduction in assessment times, with the NSW Government mandating ePlanning across 42 councils from 1 July 2020 (17 April 2020).  More...

Queensland

LGAQ says go big, hard and early in battleplan
The LGAQ this week launched its $608 million Battleplan for Queensland Local Communities – an economic stimulus package designed to help lead the state’s recovery from the Covid-19 pandemic (24 April 2020).  More...

Queensland communities share a further $12 million for resilient infrastructure
As part of the Commonwealth and Queensland Governments’ $134.5 million infrastructure package, a further $12 million has been allocated to 26 resilience projects that will ensure communities can better withstand extreme weather events. QRA will keep working with councils and state agencies to identify more opportunities to improve disaster-impacted infrastructure and increase Queensland’s overall disaster resilience (24 April 2020).  More...

Mobile Black Spot Program to deliver 40 new mobile base stations for Queensland
Councils welcome latest move to improve connectivity in regional and remote Queensland (23 April 2020).  More...

Palaszczuk Government delivers support for health, jobs and business
Emergency measures to support Queenslanders, the business community and the industries which will deliver the State back to economic prosperity have been passed by Parliament. In addition, the Government is also providing an initial $27.25 million package to assist local government, business and industry with resilience and recovery strategies, targeted financial support and counselling (22 April 2020).  More...

Qld councils draw up battle plan against COVID-19
The creation of a “green army” and a local government trainee program for displaced workers are contained in a $608 million battle plan presented to the Queensland government by the state’s councils (20 April 2020).  More...

Government appoints Agriculture Coordination Officers to COVID-19 response
A team of Agriculture Coordination Officers will support producers, the agriculture industry and local governments to manage COVID-19 thanks to the Queensland Government (17 April 2020).  More...

In practice and courts

Roads and bridges grants open - Councils encouraged to apply  
Applications are open for the latest rounds of the Australian Government's Bridges Renewal Program Round 5 and the Heavy Vehicle Safety and Productivity Program Round 7. A combined $300 million  is available to councils for the upgrade or replacement of damaged or deteriorated bridges and heavy vehicle infrastructure improvements. Applications for both programs will close 29 May 2020.

ALGA: 2020 Resilient Awards open
Local Governments are invited to apply for the 2020 Resilient Australia Awards, before entries close on 18 May. The awards recognise outstanding contributions in six categories: community, business, local government, government, school and photography.  More...

Administration of financial disclosure requirements under the Commonwealth Electoral Act
The objective of this audit is to examine the effectiveness of the Australian Electoral Commission’s (AEC's) management of financial disclosures required under Part XX of the Commonwealth Electoral Act 1918, including the extent to which the AEC is achieving accurate and complete financial disclosures. Due to table: June, 2020 Open for contribution.  More...

Commonwealth Department of Communications and the Arts: Telecommunications in new developments review
In light of recent and upcoming changes in the provision of telecommunications in new developments, the Department is undertaking a review of the Telecommunications in New Developments (TIND) Policy, and has released a discussion paper Review of the 2015 TIND Policy, The Department is aiming to complete the review of the 2015 TIND Policy and make any necessary changes before 1 July 2020. 

Victoria

Melbourne Industrial and Commercial Land Use Plan
The Melbourne Industrial and Commercial Land Use Plan Department has now been finalised and released. In addition to a Summary of Submissions report, individual submissions are now also available.   More...

(23 April 2020)

Land-use planning system reforms consultation open
The Department of Environment, Land, Water and Planning (DELWP) is proposing updates to Victoria’s land-use planning system to bring it in line with the new environment protection framework due to come into effect on 1 July 2020.   More...
 Extension to closing date - Living Heritage Grants Program – Round 4 Applications now open
With the ongoing situation surrounding COVID-19, Heritage Victoria understands that it may have been difficult to finalise applications for Round 5 of the Living Heritage Grants Program before 9 April 2020. To assist with this, the application closing date has been extended to 12 June 2020.

Bushfires Royal Commission hearings commence
The Royal Commission into National Natural Disaster Arrangements (often referred to as the “Bushfires Royal Commission”) commenced its proceedings with an online Ceremonial Hearing yesterday, 16 April. The Royal Commission was established in response to the extreme bushfire season of 2019-20 which resulted in loss of life, property and wildlife and environmental destruction.  

Recycling Victoria Infrastructure Fund
Following advocacy from the MAV, councils are now eligible to apply for grant funding from the Recycling Victoria Infrastructure Fund.  The grant program is designed to assist businesses and local government to improve the quality of materials recovered and increase the capacity and capability of Victoria’s resource recovery sector. Expressions of interest close 8 May.

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 

Coastcare Community Grants now open
Grants up to $30,000 are available for eligible projects to conserve, restore and rehabilitate Victoria’s coastal and marine environments. Two streams of funding are available to target ecosystem resilience and climate change. Applications close 7 May 2020

IBAC: Operation Sandon public hearings will continue in 2020
IBAC's public hearings into allegations of serious corrupt conduct concerning the transparency and integrity of planning and property development decision making, including donations to candidates in local and state government elections, will continue in early 2020.  More...

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.

NSW

LGA NSW: Public notification changes
Planning processes and applications: Public notification requirements for planning processes and applications have changed following amendments to the Environmental Planning and Assessment (EP&A) Regulation 2000, including: 1) removal of requirements to advertise in local newspapers, and 2) notifications via council websites or the NSW Government’s e-Planning Portal (24 April 2020).  More...

Infrastructure contributions: Have your say
The NSW Productivity Commissioner Peter Achterstraat has been tasked with undertaking a review of the infrastructure contributions system by the Minister for Planning and Public Spaces. The government plans to consult with all stakeholders, including local councils, on the Review’s Terms of Reference (24 April 2020).  More...

Office of Local Government Circulars

20-13 Managing fraud and corruption risks during the COVID-19 pandemic
April 22, 2020; Category: Circular to Councils Status: Active Circular Details: 20-13 / 22 April 2020 / A698229.  More... 

20-12 Modification of statutory requirements in response to the COVID-19 pandemic
April 17, 2020; Category: Circular to Councils Status: Active Circular Details: 20-12/ 17 April 2020 / A696830.  More...

Changes to Housing SEPPs
Seniors Housing State Environmental Planning Policy – the SEPP will not apply in heritage conservation areas in Greater Sydney until 1 July 2020

Queensland

Queensland Government: COVID-19
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...

LGAQ: Have you say on the Mobile BlackSpot Program Round 5A
The Australian Government has released a Consultation Paper seeking input on the design of Round 5A of the Mobile Black Spot Program. The consultation paper can be found here. The LGAQ is seeking contributions from councils by 5 June 2020, with Submissions due by 19 June 2020 (22 April 2020)  More...

LGAQ
$608 million Battleplan for Queensland Local Communities – an economic stimulus package designed to help lead the state’s recovery from the Covid-19 pandemic.  View details of the battleplan (20 April 2020)

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 on the Austroads website.

(17 April 2020)

Annual Statutory Land Valuations 2020
Landowners who believe their valuation was incorrect and can provide supporting information should lodge their objection online or at the address shown at the top of their valuation notice by 5 May 2020. The latest valuation data is available using the Find your annual valuation

Brisbane City Council: Draft Central Park Masterplan
The draft plan is now out for public consultation following the release of five creative concepts from architecture and planning firms last year. The Victoria Park concept plan is now open to the public until April 28 on the Brisbane City Council’s website.

Have your say: future of South Bank
The Palaszczuk Government is encouraging people to have their say on the future of the South Bank precinct, with the roll out of public consultation on the master plan. The master plan would build on the precinct’s iconic features, while harnessing new ideas. It is expected the master plan process will be completed by the end of 2020.  More...

Consultation: Yeronga proposed development scheme for a mixed-use precinct in the Yeronga Priority Development Area (PDA)
The scheme establishes a planning framework to transform the site and sets out intended land uses, development criteria and infrastructure envisaged for the PDA. Submissions can be made between 1 April and 17 May.  More...

LGAQ: Review of the Strong and Sustainable Resource Communities Act 2017
The Office of the Coordinator-General is leading the review and will be engaging with councils and key stakeholders from the end of January to May 2020.  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

CoINVEST Ltd v Citywide Service Solutions Pty Ltd [2020] VSC 190
JUDICIAL REVIEW – Whether an entity was an ‘employer’ (i.e. not a ‘public statutory body’ constituted under the law of the Commonwealth or State of Victoria) within the meaning of the Rules of the Construction Industry Long Service Leave Fund/Construction Industry Long Service Leave Act 1997 s 3 – Whether magistrate considered relevant factors – Whether magistrate provided adequate reasons for decision – Validity of notice issued under Construction Industry Long Service Leave Act 1997 s 10 –  Local Government Act 1989  s 193.

Kojicin v Nillumbik SC [2020] VCAT 493
Application for review pursuant to section 185 of the  Local Government Act 1989 ; special charge scheme; works include rural standard road construction including drainage; whether no special benefit; whether distribution unreasonable; whether works and projects proposed are unnecessary, unreasonable, excessive, insufficient, unsuitable or costly having regard to the locality or environment and to the probable use of the road or drainage of the land. 

495507 Barkly St Pty Ltd v Maribyrnong CC [2020] VCAT 486
Section 77 Planning and Environment Act 1987, Maribyrnong Planning Scheme, Mixed Use Zone, Design and Development Overlay – Schedule 7, higher density, built form, housing policy, West Footscray Neighbourhood Plan 2018, building height, under development, balcony space, secluded private open space.

Sutherland v Bayside CC [2020] VCAT 474
Section 77 Planning and Environment Act1987; Bayside Planning Scheme; Commercial 1 Zone; Sandringham Village; Food and drink premises and multi dwellings; Land in two zones;. Height; windows on boundaries

Kudos v Greater Dandenong CC [2020] VCAT 483
Section 77 of the Planning and Environment Act 1987. Greater Dandenong Planning Scheme. General Residential Zone. Two do 

Powell v Maribyrnong CC [2020] VCAT 481
Construction of an additional dwelling on a lot in the General Residential Zone Schedule 1.
Application under section 82 of the Planning and Environment Act 1987 – to review the decision to grant a permit.

Ivan Andelkovic of Newbright Commercial Pty Ltd v Wyndham CC [2020] VCAT 478
Section 77 of the Planning and Environment Act 1987; Review the refusal to grant a permit; Wyndham Planning Scheme; General Residential Zone – Schedule 1 (GRZ1); Child care centre; Neighbourhood character; Amenity impacts; Noise; Odours; Traffic impacts; Parking impacts.

Three Pillars Heidelberg Pty Ltd v Banyule CC [2020] VCAT 471
Banyule Planning Scheme; General Residential Zone; Subdivision of existing buildings; Conditions requiring private waste collection; lack of nexus 

Chau v Monash CC [2020] VCAT 466
Section 81(1) of the Planning and Environment Act 1987; Review the refusal to extend the time within which development is to be completed; Monash Planning Scheme; Design and Development Overlay DDO12.

Fled Pty Ltd v Mornington Peninsula SC [2020] VCAT 456
Section 77 of the Planning and Environment Act 1987; General Residential Zone – Schedule 1; neighbourhood character; visual bulk and mass

Bridging Design Studio v Monash CC [2020] VCAT 475
Section 77 of the Planning & Environment Act 1987; Monash Planning Scheme; General Residential Zone Schedule 2; Vegetation Protection Overlay Schedule 1 (VPO1); Removal of Vegetation

Nguyen v Brimbank CC [2020] VCAT 454
Section 77 of the Planning and Environment Act 1987, building bulk, site within a Residential Growth Zone, extent of change sought, amenity implications, setbacks, landscape response

Long Lane Pty Ltd v Mornington Peninsula SC [2020] VCAT 401
Section 77 of the Planning and Environment Act 1987; Mornington Peninsula Planning Scheme; Special Use Zone; Camping and caravan park; Land use; Policy; Landscape; Bushfire; Amenity

Short v Kingston CC [2020] VCAT 383
Section 77 of the Planning and Environment Act 1987, overshadowing of solar panels on adjoining property, overshadowing of habitable room windows on adjoining property

McKenzie v Port Phillip CC [2020] VCAT 477
Section 77 of the Planning & Environment Act 1987; Port Phillip Planning Scheme; Neighbourhood Residential Zone 1; Heritage Overlay Schedule 1 Special Building Overlay Schedule 2; Scale; Bulk; Character; Heritage; Wall on Boundary. No permit 

Manningham CC v SAATH Pty Ltd [2020] VCAT 452
Sections 109, 115B and 115C of the Victorian Civil and Administrative Tribunal Act 1998; Application for costs and reimbursement of fees associated with enforcement proceedings under section 114 of the Planning and Environment Act 1987 

NSW

Hooper v Phipps [2020] NSWDC 134
TORT – defamation – defence of contextual truth pursuant to s 26 Defamation Act 2005 (NSW) – plaintiff brings application to plead additional imputation and to strike out contextual imputations – application to strike out contextual imputations abandoned – plaintiff brings application to “plead back” defendants’ contextual imputations – defendants consent conditionally upon the preservation of their entitlement to continue to rely upon the contextual truth defence already pleaded – leave granted conditional upon the defendants’ continued preservation of the contextual truth defence
Civil Procedure Act 2005 (NSW), ss 56 – 62; Defamation Act 1952 (UK), s 5; Defamation Act 1957 (Tas), s 18
Defamation Act 1974 (NSW), s 16; Defamation Act 1992 (NZ), s 7; Defamation Act 2005 (NSW), s 26
Local Government Act 1993 (NSW), s 440G
These are proceedings for defamation commenced by the plaintiff, an elected  councillor  of the Willoughby City Council (the second defendant), against that Council and its media and marketing officer (the first defendant)

Lachlan Shire Council Agreement 2019 [2020] NSWIRComm 1026
Employment and industrial law - enterprise agreement

Kelly v Szatow [2020] NSWSC 407
APPEAL – NSW Civil and Administrative Tribunal – Appeal in relation to five decisions concerning the Local Government Act 1993 (NSW) – Where the Tribunal lacked jurisdiction to hear the plaintiff’s claim – Where there was no evidence to support the plaintiff’s claim – Application of cl 29 Sch 5 of the Civil and Administrative Tribunal Act 2013 (NSW) to appeal a “profession decision” to the Supreme Court – Leave to appeal in relation to three costs decisions refused – Appeal in relation to two remaining decisions dismissed
Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 28, 29, 60, 82, 83; cl 29 Sch 5
Civil Procedure Act 2005 (NSW), ss 56, 57, 58;     Local Government Act 1993 (NSW), ss 329, 440;  Local Government (General) Regulation 2005 (NSW), reg 290

Mehmet v Carter [2020] NSWSC 413
CONTRACTS — Termination — Repudiation of contract — where purchasers raised requisitions — where plausible contentions and vendors refused to address
LAND LAW — Conveyancing — Contract for sale — Breach — Error or misdescription — Requisitions — Vendors’ obligations — Notices to complete — Purchasers’ remedies
ENVIRONMENT AND PLANNING — Heritage conservation — Protection of Aboriginal heritage — meaning of “Aboriginal object” — National Parks and Wildlife Act 1974 (NSW)
Law Reform (Law and Equity) Act 1972 (NSW), s 5; Local Government Act 1993 (NSW), s 59A

David Goode v Gwydir Shire Council [2020] NSWLEC 33
JUDICIAL REVIEW – no failure by local council to consider properly its development application for truck wash facility – no failure to consider development application for truck wash facility as designated development

Tweed Shire Council Preserved Sick Leave Enterprise Agreement 2020 [2020] NSWIRComm 1032
EMPLOYMENT AND INDUSTRIAL LAW – awards and agreements – application for approval of enterprise agreement – preserved sick leave payout entitlements – flexibility to use sick leave before retirement – inclusion of clause to enable leave to be taken in unusual circumstances, such as major floods, pandemics or operational close downs – previous enterprise agreement rescinded - enterprise agreement approved

Hatziandreou Holdings Pty Ltd v Bayside Council [2020] NSWLEC 1191
APPEAL – modification application – development constructed contrary to development consent – modification seeks to incorporate the development as constructed in addition to proposed works – whether substantially the same – whether communal open area location and size was a material element of the original development – traffic and parking impacts

Ellis v Lane Cove Council [2020] NSWLEC 1190
DEVELOPMENT APPEAL – residential dwelling – excavation – consistency with character and streetscape

D’Annunzio v North Sydney Council [2020] NSWCATAP 66
APPEAL – Retail leases – Claim of misleading or deceptive conduct - Whether Tribunal erred in its construction of the word “road” in the lessor’s disclosure statement – Whether the Tribunal’s findings were against the weight of evidence

PRJM Pty Ltd v Hawkesbury City Council [2020] NSWLEC 1187
DEVELOPMENT APPLICATION – caravan park – whether proposed development is compatible with character of local area – whether location and character make site particularly suitable for a caravan park – whether necessary facilities and services are reasonably available and accessible to future occupants of caravan park – consideration of road widths – consideration of contamination of site

Syncept Chatham Pty Ltd v City of Ryde Council (No 2) [2020] NSWLEC 30
COSTS – which party to bear costs – whether late amendment alters usual order – whether separate ground rendered unnecessary by late successful ground should not be subject of costs – usual order made

Connoisseur Investments Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1181
DEVELOPMENT APPLICATION – R3 medium density residential zone – multi-dwelling housing – landscape setback – flood planning 

Lay v Inner West Council [2020] NSWLEC 1178
Alterations and additions to mixed use building – Heritage Conservation Area – whether compatible with desired future character 

Dan Properties Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1172
DEVELOPMENT APPLICATION –shopping centre – additional point of egress – road hierarchy – safe and convenient access – landscape character

Queensland

Genamson Holdings Pty Ltd v Moreton Bay Regional Council & Anor [2020] QSC 84
REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – GENERALLY – where pursuant to s 7 of the Acquisition of Land Act 1967 (Qld) the respondent Council issued a Notice of Intention to Resume – where the applicant objected to the proposed resumption of land – where the first respondent arranged for the objection to be heard by a Delegate at an objections hearing – where the Delegate provided a report recommending the respondent Council give “due consideration” to expert engineer’s report on proposed resumption of land – where expert engineer report was not in material before the respondent Council at meeting - where the respondent Council resolved to make an application to the Minister for Natural Resources and Mines to resume the land pursuant to s 9 of the Acquisition of Land Act 1967 (Qld) – whether respondent Council failed to take into account a material consideration in making application to resume the land
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – FAILURE TO OBSERVE STATUTORY PROCEDURE – where the respondent Council resolved to make an application to the Minister for Natural Resources and Mines to resume the land pursuant to s 9 of the Acquisition of Land Act 1967 (Qld) – where respondent Council failed to provide all objections material to the Minister in application – whether failure by respondent Council to comply with terms of the Acquisition of Land Act 1967 (Qld) – whether jurisdictional error – whether procedure required by law to be observed or not observed
Acquisition of Land Act 1967 Qld s 7, s 8, s 9, Sch 2; Civil Proceedings Act 2011 Qld s10

Ashtrail Pty Ltd & Anor v Council of the City of Gold Coast [2020] QCA 82
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITHIN ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND ENVIRONMENT COURT AND ITS PREDECESSORS – RIGHT AND AVAILABILITY OF APPEAL – where the applicants seek leave to appeal from a decision of the Planning and Environment Court – where the proceedings below were brought by the respondent seeking relief in respect of a development approval granted to the applicants in 2010 – where the decision below declared that: the 2010 Approval had not lapsed; conditions 5, 6, 10, 12 and 16 of the 2010 Approval had not been complied with; and, the non-compliance constituted a development offence under s 164 of the Planning Act 2016 (Qld) – where orders were made that the applicants comply with the five conditions prior to the commencement of the use permitted by the 2010 Approval – where none of the five conditions has been complied with – where the respondent did not oppose the grant of leave to appeal in respect of the first five grounds but opposed the sixth on the basis that it involved contended errors of fact rather than law – whether leave to appeal should be granted
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where s 340(1)(a) of the SPA provided that development under the 2010 Approval could start immediately upon it being granted – where s 341 of the SPA provided when an approval lapsed – where the applicants contend that on the proper construction of condition 5, payment was an essential precondition which had to be fulfilled “prior to … the commencement of the use”, and since they had not been satisfied, there was no “first change of use” within the four year period following the 2010 Approval – whether the learned trial judge erred by finding that the 2010 Approval had not lapsed under s 341(1) of the SPA when the five conditions had not been complied with
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where the applicants contend that there were significant departures from the approved plans and drawings contained in the 2010 Approval which had the effect that it lapsed “because the particular use under the 2010 Approval did not occur prior to that date” – where the learned trial judge observed that it could be accepted that evidence reflected departures from the approved form of the development that were not minor – where the learned trial judge held that the departures were in no way determinative of the question whether the use to which the land was being put was the use contended for by the respondent – whether the learned trial judge erred by finding that the 2010 Approval had not lapsed under s 341(1) of the SPA, when condition 1 required the development to be carried out generally in accordance with the approved plans and drawings, and the approved plans and drawings had not been complied with
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – where the applicants contended that the respondent’s proceedings were out of time because they had been started more than six years from the date on which the cause of action arose – where the learned trial judge accepted that the cause of action was complete on the date the 2010 Approval came into effect – where the learned trial judge concluded that the proceedings were for enforcement proceedings concerning alleged non-compliance with conditions of an approval – whether the learned trial judge erred by finding that s 10(1)(d) of the Limitation of Actions Act 1974 (Qld) does not apply to an application seeking an enforcement order pursuant to s 180 of the Planning Act, where the order sought by the Council required the applicants to pay sums of money to it
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INTERESTS – QUEENSLAND – where the learned trial judge concluded that matters identified concerning the loss of documents would not have led to a different conclusion as to the fact that the delay had not caused any material prejudice – where the applicants were on notice that the respondent contended that the conditions had not been met and could be enforced – whether the learned trial judge erred by finding that s 38(4) of the Acts Interpretation Act 1954 (Qld) does not apply to an application seeking enforcement orders pursuant to s 180 of the Planning Act
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INTERESTS – QUEENSLAND – where the applicants’ contentions commenced with observing that the term “driving instructing” was not defined in the two relevant planning schemes in operation at the commencement of use on Lot 36, and at the time of the 2010 Approval – where factual statements drawn from promotional material issued by the applicants were likely to be accurate in the description of the existing use – where the learned trial judge also referred to documents published by the applicants subsequent to the 2010 Approval – where his Honour rejected the qualifications placed upon the documentary evidence by the two principals – whether the learned trial judge erred by construing the term “driving instructing” to include instruction in the operation of plant and equipment or, alternatively, failing to give adequate reasons for so construing the term “driving instructing”
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INTERESTS – QUEENSLAND – whether the learned trial judge erred by finding that there had been a material change of use for “driving instruction” or “motor vehicle workshop/ERA” on Lot 36, in the absence of evidence to justify that finding or, alternatively, by drawing inferences not properly available on the evidence; and misapplying the onus of proof in that regard

Townsville City Council v QNI Metals Pty Ltd & Anor [2020] QSC 61
Plaintiff sues to recover rates and the defendants claim that they are not liable to pay rates.  They rely on part of a schedule to the Queensland Nickel Agreement Act 1970 and  an  agreement  said  to  have  been  made  between  the  State  and  their  predecessor in title

Legislation

Industry Research and Development (Access to Bushfire Construction Standards Program) Instrument 2020
24/04/2020 - This instrument prescribes the Access to Bushfire Construction Standards Program.

Victoria

Bills

COVID-19 Omnibus (Emergency Measures) Bill 2020
Date of second reading speech: 23 April 2020
The purpose is to temporarily amend certain Acts, and to temporarily empower the making of regulations, to modify the application of the law in Victoria in certain respects for the purpose of responding to the COVID-19 pandemic. Chapter 2—Temporary modification of the law by regulation Part 2.1—Regulations temporarily modifying Justice Acts and laws

NSW

Regulations and other miscellaneous instruments
Constitution (COVID-19 Emergency Measures) Regulation 2020 (2020-170) — published LW 24 April 2020
Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (2020-169) — published LW 22 April 2020
Local Government (General) Amendment (COVID-19) Regulation (No 2) 2020 (2020-176) — published LW 24 April 2020
Local Government (General) Amendment (COVID-19) Regulation 2020 (2020-152) — published LW 17 April 2020

Environmental Planning Instruments
Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020 (2020-155) — published LW 17 April 2020
State Environmental Planning Policy (Infrastructure) Amendment (Energy Storage Technology) 2020 (2020-156) — published LW 17 April 2020
State Environmental Planning Policy Amendment (Minor Amendments) 2020 (2020-157) — published LW 17 April 2020

Queensland

Bills

Appropriation (COVID-19) Bill 2020
Introduced by: Hon J Trad MP on 22/04/2020
Stage reached: Passed on 22/04/2020

COVID-19 Emergency Response Bill 2020
Introduced by: Hon A Palaszczuk MP on 22/04/2020
Stage reached: Passed on 22/04/2020
The policy objectives of the Bill are to:a mend the Parliament of Queensland Act 2001(the Parliament of Queensland Act) to: establish a  legislative  modification  framework of  general  application across  the statute book (the modification framework) allowing legislative requirements to be modified in the following areas, should that be required: attendance at places or meetings, making and associated use of documents and physical presence requirements statutory timeframes; and proceedings of courts and tribunals

Subordinate legislation as made – 17 April 2020
No 53 Disaster Management (Further Extension of Disaster Situation—COVID-19) Regulation 2020
This Regulation is made under the Disaster Management Act 2003. The purpose of the Regulation is to further extend the period of the disaster situation declared for the whole of the State of Queensland on 22 March 2020 and extended by regulation on 2 April 2020.

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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 Andrew Magoffin

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