Elton Morais Archives

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  - 333 King William Street
  - Adelaide SA 5000
  - GPO Box 949, Adelaide SA 5001
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- Brisbane
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  - 111 Eagle Street
  - Brisbane QLD 4000
  - GPO Box 129, Brisbane QLD 4001
  - +61 7 3231 1666
  - +61 7 3229 5850
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- Melbourne
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  - 447 Collins Street
  - Melbourne VIC 3000
  - GPO Box 48, Melbourne VIC 3000
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- Perth
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  - Level 20
  - 1 William Street
  - Perth WA 6000
  - PO Box F338, Perth WA 6000
  - +61 8 9288 6000
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  - info.wa@gadens.com
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  - 8 Chifley Square
  - Sydney NSW 2000
  - PO Box H332, Australia Square NSW 1215
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Temporary Local Planning Instrument proposed for Gold Coast

The City of Gold Coast is seeking to adopt a new Temporary Local Planning Instrument (TLPI) to better manage flood hazards in the City. If approved, the TLPI will have retrospective effect for 2 years from 8 December 2017. Implications The TLPI will impact on all premises located within the Council’s Flood Overlay which […]

Council water charges found to be unlawful

The Supreme Court has held that water service charges issued by Mount Isa Council are unlawful due to non-compliance with the Local Government Act 2009. This decision has important implications for Local Government and land owners in relation to the methodology and calculation of utility charges. Implications A utility charge is a type of […]

Prosecution for unlawful access to Marine Park

The Queensland Parks and Wildlife Service has successfully prosecuted a person who drove their vehicle onto a designated pedestrian-only beach in the Great Barrier Reef Coast Marine Park contrary to regulatory notices. The person was fined and ordered to pay legal and investigation costs by the Magistrates Court for the offence. Implications It is an […]

Court declares local government the responsible entity for a change application for a minor change to a development approval granted by the Court

The Planning and Environment Court dismissed an application made by an applicant Steven Becker seeking a declaration that the Court was the responsible entity for a change application for a minor change to a development approval which was originally granted by the Court. This decision has implications for developers and local government moving forward in […]

Court sheds light on the transitional provisions of the Planning Act 2016

The Planning and Environment Court granted an application for a request for a permissible change to a development approval for a residential subdivision on land located in Diddillibah. This decision has important implications for developers and local government moving forward in relation to how the transitional provisions operate under the Planning Act 2016. Implications […]

Council rates declared invalid by Supreme Court

In a landmark decision, the Queensland Supreme Court has declared that rates and charges levied by Fraser Coast Regional Council are invalid due to the failure of the Council to properly adopt the rates and charges levied. Implications Local governments must levy rates and charges in accordance with the Local Government Act 2009 (Act). […]

$95 parking fine turns into $4,000

A person has been ordered to pay more than $4,000 in legal costs and fees after unsuccessfully challenging a $95 parking fine on the basis that the Council that had issued the fine was constitutionally invalid. This case highlights that persons need to think carefully before embarking on challenges to local government fines and penalties […]

Court rescues landowner from oversight which results in lapsing of development approval

The Planning and Environment Court made a declaration that a development approval for residential purposes over land in Beerwah had lapsed and an order that the time for the making of a request to extend the relevant period of the development approval be extended. This decision was determined under the provisions of the now repealed […]

Fine imposed for disposing of asbestos without a valid environmental authority

Mr Wayne Wharton was convicted of 65 offences under the Environmental Protection Act 1994 and fined $25,000 and ordered to pay legal and investigation costs of around $3,000 by the Ipswich Magistrates Court for carrying out an environmentally relevant activity without a valid environmental authority. Implications It is an offence under section 426 of the […]

Rating of land – what happens when there is no applicable rating category

In brief – The categorisation of land for rating purposes has major financial impacts for landowners and local governments. In a recent appeal about the categorisation of land for rating purposes, the Land Court had to deal with a situation where it found that neither of the rating categorises submitted by the owner or Council […]

Court dismisses appeal against decision to refuse development application for the demolition of a pre-1946 dwelling

In brief – The Planning and Environment Court has dismissed an appeal against Brisbane City Council’s decision to refuse a development application for the demolition of a pre-1946 dwelling in Spring Hill. This is one of many decisions this year which act as a reminder to developers that Brisbane City Council has taken a firm […]

Dog owner loses fight to save dog after attack on child

In brief – The owner of a dog that seriously injured a young girl has failed to save the dog from destruction after the Queensland Civil and Administrative Tribunal (QCAT) refused to overturn a decision of the Moreton Bay Regional Council that the dog be destroyed. QCAT rejected the owner’s claims that the Council was […]