Local government plays an integral role in the provision of a wide range of services as well as being responsible for the day-to-day management and operation of important community facilities. This article considers how councils may be held responsible for environmental incidents that occur at these facilities and what prosecution action a council might face. …
Continue reading “Measures to limit a council’s exposure to prosecution proceedings”
WHO SHOULD READ THIS Local Government. THINGS YOU NEED TO KNOW The Federal Government has introduced a bill that proposes a number of changes to the EPBC Act (focused especially on the operation of bilateral agreements in NSW). The Independent Review of the EPBC Act also remains ongoing and is expected to result in a …
On 11 February 2020, the New South Wales Supreme Court in the case of Armidale Regional Council v Vorhauer (No 2) [2020] NSWSC 56 expanded the costs that are recoverable by a local council under section 718 of the Local Government Act 1993 (LG Act) as part of the sale of land for unpaid rates. …
Continue reading “Recovery of council’s costs for sale of land for unpaid rates and charges”
The long awaited next suite of amendments to the Local Government Act 2009 (Qld) (LGA), originally promised before the 2020 Local Government Quadrennial Elections, was assented to on 30 June 2020. The Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 (Qld) (Amending Act). In the local government sphere, the Amending Act …
Continue reading “New changes for councillor conflict of interest disclosures and obligations”
On 19 May 2020, the Court of Appeal delivered judgment in BWP Management Limited & Anor v Ipswich City Council [2020] QCA 104. The case, which had already been through the Land Court and the Land Court of Appeal, was simple in its premise – for the purpose of the levying of Council differential rates, …
Continue reading “Bunnings found to be a shop not a shopping centre”
Earlier this year, urgent amendments were made to the Planning Act 2016 (Qld) (the Act) to allow the Minister to extend or suspend periods under the Act because of the impact of COVID-19. On 8 July 2020, the Treasurer (also being the Minister administering the Act), first exercised this power, by issuing an Extension Notice …
This article gives an overview of the water regulatory regime for resource projects in Queensland, by exploring the following questions: Do you need an authority to take or interfere with water for your project? What is an ‘Associated Water Licence’ and do you need one? How do you comply with water monitoring obligations off-tenure? When …
Continue reading “The modern minefield – water approvals for mining projects”
WHO SHOULD READ THIS THINGS YOU NEED TO KNOW WHAT YOU NEED TO DO On 3 July 2020, the Queensland Government finally confirmed the exemption framework for ex gratia relief from surcharge land tax. As expected, the exemption will be available where a foreign trust or company is found to make a significant contribution to …
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WHO SHOULD READ THIS Foreign investors who hold water entitlements or contractual water rights in Australia. THINGS YOU NEED TO KNOW Foreign persons with holdings in registrable water entitlements or contractual water rights are required to notify the ATO about any changes in these interests on an annual basis and within 30 days of the …
Continue reading “Foreign Ownership of Water Entitlements annual registration requirements”
The planning system has been identified as having a critical role to play in supporting the economy during this time. To ensure that the planning system is able to adapt to the challenges presented by COVID-19, a number of amendments have been made to planning legislation in NSW in an effort to stimulate economic activity. …
Continue reading “The Environmental Impacts of COVID-19 Recovery”
About this insight article This is the first of McCullough Robertson’s six part series on understanding water regulation, which will focus on the complex water regimes across Queensland (QLD) and New South Wales (NSW). Look out for further insight articles on: water regulations specific to the resources sector; regional water modelling and cumulative impacts; water …
The planning system has been identified as having a critical role to play in supporting the economy during this time. To ensure that the planning system is able to adapt to the challenges presented by COVID-19, a number of amendments have been made to planning legislation in each jurisdiction in an effort to stimulate economic …
Continue reading “The environmental impacts of COVID-19 recovery”
On 19 March 2020, Water NSW secured a conviction against two NSW irrigators (Defendants) for breaching water take conditions. The case provides some important guidance on the evidence required to secure a criminal conviction, and how the Courts deal with technical and scientific uncertainty. Background The Defendants owned and operated a cotton farm and jointly …
Continue reading “Conviction for water take offences – Water NSW v Harris”
In response to the COVID-19 pandemic, like many other Courts, the NSW Land and Environment Court (LEC) has released a new policy. The ‘COVID-19 Pandemic Arrangements Policy’ (COVID-19 Policy), which commenced on 23 March 2020, provides alternative arrangements that seek to address some of the challenges presented by the new social distancing restrictions, whilst still …
A number of amendments to the Local Government Act 1993 (the Act) have been made following the Local Government Amendment Bill 2019 (the Bill) receiving assent on 25 June 2019. While some of the changes to the Act have already commenced, others will take effect on a date that is yet to be proclaimed. An …
Continue reading “Key amendments to the Local Government Act 1993”
