Norman Waterhouse
   
Norman Waterhouse

 

 

Normans Briefly

In this issue

Welcome to the June edition of our Local Government Briefly.

>   2015 Local Government Conference
>   Workers’ Compensation — New ‘return to work’ framework becomes law
>   Property, Infrastructure and Development – Woollahra Municipal Council awarded almost $7 million in damages due to a tenderer’s failure to perform the contract
>   Governance - High Court rescues dog, and illuminates the application of the Reasonable Apprehension of Bias rule in local government
>   Regulatory – Numerous fee increases resulting from variations to regulations
>   Environmental & Planning – Development (Miscellaneous) Variation Regulations 2015
>   Property, Infrastructure & Development – Telecommunications carriers’ wide ranging powers confirmed in NBN Co Limited v Pipe Networks Pty Limited [2015] NSWSC 475
>   Environment and Planning – Land management agreements: Zweck v Town of Gawler [2015] SAERDC 16

2015 Local Government Conference

Friday 14 August
Adelaide Oval

Full program out now
Click here to register
 


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Workers’ Compensation — New ‘return to work’ framework becomes law

The time is almost upon us. As we previously informed our readership, the Return to Work Act 2014 (SA) (RWA) commences operation on 1 July 2015, replacing the current Workers Rehabilitation and Compensation Act 1986 (SA).

The commencement of the RWA brings with it sweeping changes to the South Australian workers’ compensation framework. Employers should be aware of the following changes:

Please click here to read more.



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Property, Infrastructure and Development – Woollahra Municipal Council awarded almost $7 million in damages due to a tenderer’s failure to perform the contract

The New South Wales Supreme Court recently awarded Woollahra Municipal Council (Council) almost $7 million in damages after Secure Parking Pty Ltd (Secure) failed to perform a car park management agreement, despite the acceptance by the Council of Secure’s tender following a request for tenders process. The facts of the case are as follows:

  • The Council put out a request for tenders for the management of four Council owned car parks. The tender documents included conditions of tender and a draft management agreement. The conditions of tender included conditions to the effect that:
    • tenderers are deemed to have informed themselves of all relevant matters impacting on their tender; and

Please click here to read more.



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Governance - High Court rescues dog, and illuminates the application of the Reasonable Apprehension of Bias rule in local government

Earlier this year, we described the interesting Victorian matter of Isbester v Knox City Council, and foreshadowed the impending delivery of the High Court’s judgment in that matter.

On 10 June 2015, the High Court delivered its judgment. The High Court overturned the decision of the Knox City Council to destroy Izzy the Staffordshire Terrier, and set aside the two levels of lower court proceedings which both supported the Council.

Please click here to read more.



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Regulatory – Numerous fee increases resulting from variations to regulations

A recent South Australian Government Gazette provides for a raft of variations to over 100 sets of regulations. Many of these variations affect local government.

We emphasise that regulations under numerous Acts are varied, including under the:

  • Local Government Act 1999 (LG Act);
  • Development Act 1993;
  • Valuation of Land Act 1971;
  • Private Parking Areas Act 1986 (PPA Act);
  • Roads (Opening and Closing) Act 1991;
  • Road Traffic Act 1961;
  • Expiation of Offences Act 1996 (EOO Act);
  • South Australian Public Health Act 2011 (SAPH Act);
  • Environment Protection Act 1993; and
  • Freedom of Information Act 1991.

Please click here to read more.



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Environmental & Planning – Development (Miscellaneous) Variation Regulations 2015

On 25 June 2015 the Development (Miscellaneous) Variation Regulations 2015 were gazetted, which make numerous changes to the Development Regulations 2008 (Regulations). We provide a snap shot of the most important changes.

Categorisation of Ancillary Structures

Clause 2(d) of Schedule 9 to the Regulations has been deleted and replaced with:

(d) the construction of (or of any combination of) a carport, garage, shed, pergola, verandah, fence, swimming pool, spa pool or outbuilding if it will be ancillary to a dwelling; or

Clause 20 of Schedule 9 has been deleted.

Please click here to read more.



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Property, Infrastructure & Development – Telecommunications carriers’ wide ranging powers confirmed in NBN Co Limited v Pipe Networks Pty Limited [2015] NSWSC 475

The recent decision by the Supreme Court of New South Wales in NBN Co Limited v Pipe Networks Pty Limited [2015] NSWSC 475 has confirmed the extensive powers that telecommunications carriers have under the Telecommunications Act 1997 (Cth) (Act) to access and use private land for the installation and maintenance of telecommunications equipment. In that case, Justice Kunc held that carriers can lawfully plug telecommunications equipment into a power socket of another person’s building and then draw power from that building to operate telecommunications equipment on an ongoing basis without the consent of the relevant owner or occupier.

Please click here to read more.



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Environment and Planning – Land management agreements: Zweck v Town of Gawler [2015] SAERDC 16

Zweck v Town of Gawler [2015] SAERDC 16 concerned an appeal in the Environment, Resources and Development Court (ERD Court) against a decision of the Town of Gawler’s Development Assessment Panel (DAP) to decline to consider or determine a development application.

While the findings of the ERD Court are discussed below, we note that the decision has recently been appealed to the Supreme Court.

Please click here to read more.



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