Inside track: Local government – In the media, in practice and courts, business – Government, public sector

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In the media

“State Governments Can Help LGs Drain Australia’s Food Wetlands”
State governments should support local government efforts to create a healthy and sustainable food system in Australia, according to a new report (03 December 2021). Following…

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

$ 30 billion needed to protect coastal communities: Insurance Council
Governments will need to invest $ 30 billion in large-scale coastal protection and adaptation over the next 50 years, according to the Insurance Council of Australia (ICA) (December 3, 2021). Following…

LRCI Phase 3 Guidelines Now Online
Phase 3 of local roads and community infrastructure (LRCI) began, with guidelines for councils seeking project funding now online (December 03, 2021). Following…

LG’s workforce increases to 191,000 in the previous fiscal year
At the end of June 2021, 190,800 people were working in local government, according to new figures from the Bureau of Statistics. This represents approximately 4,800 more people than those who were employed at the same period in 2020 (December 03, 2021). Following…

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

“Vandals”: Victoria and Queensland get angry at federal climate intervention
The Morrison government has used sweeping new powers to override state and territory governments’ support for an international agreement to reduce greenhouse gas emissions. The government rolled out recently passed laws to cancel the participation of five states and territories in the Global Under-2 Coalition (November 29, 2021). Following…

Queensland

Queensland considers infrastructure fee as Brisbane mayor says caps too low
Councils should be allowed to charge developers more so infrastructure can keep pace with growth, Brisbane mayor said, as the division between Victoria and NSW emerges (Dec 03, 2021). Following…

Corruption Watchdog Leash Calls Tighten After Logan’s Council Saga
The body was found to have “failed in its duty” by charging seven Logan councilors and the town’s mayor with fraud, charges which were ultimately dropped (December 02, 2021). Following…

LGAQ: CCC president should step down following damning parliamentary report
A public apology and compensation must be issued immediately to former Logan advisers wrongly indicted by the Queensland Crime and Corruption Commission (CCC) following today’s damning report on CCC’s handling of the case (December 02, 2021). Following…

QLS: A Report on CCC’s Investigation of Former Logan City Council Councilors and Related Issues
Queensland Parliamentary Committee on Crime and Corruption in Inquiry into CCC’s Inquiry into Former Logan City Council Councilors makes 14 findings and 6 recommendations, including calls for legislative reform and a cultural change (02 December 2021). Following…

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

In practice and the courts

Queensland

OIC Decisions in Queensland – November 22, 2021
U24 and Brisbane City Council [2021] QICmr 61 (November 22, 2021) | Information Commissioner’s Office Queensland

Documents filed December 02, 2021
Document tabled – Report # 108, 57th Parliament — Investigation into Crime and Corruption Commission investigation of former Logan City Council councilors; and related issues
Document tabled – Report # 108, 57th Parliament — Investigation into Crime and Corruption Commission investigation of former Logan City Council councilors; and related issues — Additional information volume

Royal Commission on National Natural Disaster Agreements – Queensland Government Implementation – First Progress Report 2021
The Government of Queensland remains committed to making Queensland Australia’s most disaster resilient state and strives to protect people, property and the environment from the impacts of disasters, while recognizing the importance of empowering and supporting local communities to manage disaster risk, respond to events and be more resilient. Following…

OIC publications
The Complaints Landscape in Indigenous Councils Last updated: November 30, 2021

Case


Sunland Group Limited v Gold Coast City Council
[2021] FCA 1473
COMPANIES – examination of a request for an injunction to produce documents in an unredacted form on the ground that the applicant in the main proceedings had behaved giving rise to an implicit waiver of professional secrecy which is said to persist in the text redacted from the various documents in question – examination of whether a waiver had occurred in relation to a series of other documents
PRACTICE AND PROCEDURE – examination of the principles relating to the implicit waiver of professional secrecy – examination of whether the waiver was made on the facts in question.

Noosa Council v Cordwell Resources Pty Ltd & Ors
[2021] QPEC 67
APPLICATION FOR INTERIM DISSOLUTION – INTERLOCUTORY INJUNCTION – where the applicant has made an initial application for both interim and final enforcement orders – where the applicant seeks an interim order to enforce the terms of the development approval under which the first defendant exercises his rights and economic interests in the exploitation of the Kin Kin quarry – if the actions of the first defendant resulted in the commission or the potential commission of a planning offense – if the plaintiff has demonstrated a prima facie case – whether the balance of convenience favors the exercise of the discretion to grant interim relief.

Mackenzie Council v Noosa Shire [2021] QPEC 61
PLANNING AND ENVIRONMENT – APPLICATION INITIATIVE – DECLARATORY PROCEDURE – when the applicant seeks a declaration under section 11 of the Planning and Environment Court Act 2016 (Qld) regarding the calculation of site coverage for a proposed building – when the proposed building is the subject of a construction application – where a previous construction application has been made to a private certification body and referred to Council – where Council has challenged the calculation of site coverage in a request for ‘information – when the applicant changed their plans, which led to a satisfactory referral response and approval – when the applicant re-applied for a new construction approval which added previously excluded items – when the Plaintiff requested the building certifier to put the request on hold until the plaintiff could obtain a statement from the court regarding the correct calculation of site coverage – when failure to meet the site coverage percentages in an acceptance the possible outcome was a trigger for development moving from an accepted development to a code evaluable development – that the request of declaratory judgment be directed to determining a legal controversy or abstract or hypothetical controversy and be advisory in nature – where any decision on the development application may be appealed – when the application pending has not yet been referred to the Board.

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