Norman Waterhouse
   
Norman Waterhouse

 

 

Normans Briefly

In this issue

Welcome to the May edition of our Local Government Briefly.

>   2015 Norman Waterhouse Local Government Conference
>   Corporate & Commercial – South Australia-Shandong Cooperation and Development Forum
>   Employment – How to test if your workers are high or drunk
>   Property, Infrastructure & Development – Local Government Act 1999 - Who's your Minister?
>   Local Government – 10 key points to minimise the risk of maladministration, misconduct and corruption
>   Environment & Planning – What is a “structure” requiring development approval?
>   Local Government Fact Sheets

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2015 Norman Waterhouse Local Government Conference

South Australia's only legal conference for local government.

SAVE THE DATE
Friday 14th August 2015
Adelaide Oval

Full program out soon
normans.com.au

Click here to add the appointment to your calendar.



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Corporate & Commercial – South Australia-Shandong Cooperation and Development Forum

This week, the Premier is leading a 250 strong delegation of South Australian government and industry leaders to Shandong Province as the next stage in forging a strong and comprehensive sister-state relationship between the two states. Shandong and South Australia have built this relationship over nearly 30 years. This will be the South Australian Government’s largest ever outbound trade and investment mission.

Click here to read more.



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Employment – How to test if your workers are high or drunk

As I mentioned at our Walking the Talk conference held in April this year, the debate surrounding whether urine or saliva sampling is the most appropriate method for workplace drug testing has been put under the microscope in a recent decision of the Fair Work Commission (FWC).

In Construction, Forestry, Mining and Energy Union v Port Kembla Coal Terminal Limited [2015] FWC 2384, the FWC gave an employer the right to randomly test its employees for drug use using either a urine or saliva test.

Click here to read more.



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Property, Infrastructure & Development – Local Government Act 1999 - Who's your Minister?

There are many provisions under the Local Government Act 1999 (SA) (LG Act) that require a council to make a submission to, or seek the approval of, ‘the Minister’. In particular, under Chapter 11 of the LG Act (which is the chapter dealing with local government land) a submission must be made to the Minister, and approval must be sought from the Minister, to:

  • compulsorily acquire land; and
  • revoke the community land classification applying to land. 

So when the LG Act refers to ‘the Minister’, which Minister is ‘the Minister’?

Click here to read more.



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Local Government – 10 key points to minimise the risk of maladministration, misconduct and corruption

In recent months, Norman Waterhouse has provided a significant amount of advice to councils dealing with matters involving maladministration, misconduct and potential corruption. There have been a number of salient points that we have made in their context, which include the following:

  1. Understand the legislation and how it applies to you at the council.
  2. There needs to be ‘top level commitment’ and zero tolerance position taken by everyone.

Click here to read more.



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Environment & Planning – What is a “structure” requiring development approval?

A recent decision in the Environment, Resources and Development Court (ERD Court) has addressed the enduring question of when the placement or erection of an object or structure on land will constitute “building work” under the Development Act 1993 (the Act) and therefore require development approval.

Facts

In Ford v City of Burnside [2015] SAERDC 13, the appellant had erected a large cantilever-style canvas umbrella within the driveway of her property for the purpose of protecting a vehicle. The umbrella measured 4 metres wide and was attached to a 2.9 metre high pole.

Click here to read more.



Local Government Fact Sheets

Over the last number of months, Norman Waterhouse practitioners in the Local Government teams have prepared a number of fact sheets following the Local Government Elections which concluded in November 2014. These Fact Sheets have been warmly received by both Council Members and staff. For your convenience, we provide the links to all the Fact Sheets produced to date. As new Fact Sheets are produced, we will provide further updates of the links in future issues of the Briefly.

Click here to view the Fact Sheets.



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The contents of this newsletter are for information only and
should not be taken as advice on the law

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