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 […]
ReadmoreThe 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 […]
ReadmoreIn an appeal against the lawfulness of an infrastructure charges notice (ICN) issued by Noosa Council, the appellant has failed to show that the ICN was unreasonable but has been successful on the limited ground that the Council had failed to properly take into account the existing lawful use of the premises in calculating the […]
ReadmoreThe 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 […]
ReadmoreThe 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 […]
ReadmoreThe 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 […]
ReadmoreIn 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). […]
ReadmoreA 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 […]
ReadmoreThe Queensland State election was called on 29 October 2017 with the effect of dissolving the Legislative Assembly (Parliament). All of the committees of the Parliament (other than the Parliamentary Crime and Corruption Committee) have now ceased and all Bills before the Parliament that had not yet been passed have now lapsed. Implications All committee inquiries […]
ReadmoreThe 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 […]
ReadmoreMr 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 […]
ReadmoreIn 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 […]
Readmore