Reading RoomFollowing a recent Federal Court of Australia decision, principals (including local governments) should take notice that prohibited cartel conduct occurs in the Australian construction industry and must be aware of the indicators of non-genuine tender prices and the ways to avoid paying an inflated price for a project. Contractors must inform themselves of statutory provisions that prohibit …
Telecommunication carriers may soon be able to install a greater variety of telecommunication infrastructure for the National Broadband Network (NBN) without being subject to a number of state and local government laws, including planning approvals. These changes are proposed by the Federal Government through amendments to the Telecommunications (Low-impact Facilities) Determination 1997 (Determination) and the Telecommunications Regulations 2001 (Regulation), and are designed to facilitate the timely and efficient rollout of the NBN.
The proposed changes are open for public comment until 7 September 2011.
On 10 July 2011, the Prime Minister released the Federal Government's 'Clean Energy Future Plan' (Plan).
The centrepiece of the Plan is the introduction of a carbon price starting at $23 per tonne of carbon pollution on 1 July 2012. This price will be payable by Australia's 500 most carbon-intensive businesses in the stationary energy, …
Two recent decisions, one in the District Court and one in the Land and Environment Court, have wide ranging implications for Councils – one in respect of liability, and the other in relation to the fees and charges Councils can impose.
Both decisions will have an impact on council resources.
The decision by the District Court highlights the onus placed on councils by the law to discharge their duties reasonably. The decision provides commentary on the persons councils owe a duty of care, the circumstances where such a duty might be breached, as well as some important judicial consideration of section 44 of the Civil Liability Act 2002 which provides an exclusion to liability in certain circumstances where a council fails to consider exercising a function or prohibit or regulate an activity.
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On 18 May 2011, the Auditor-General published the Australian National Audit Office's (ANAO) report on The Establishment, Implementation and Administration of the Council Allocation Component of the Regional and Local Community Infrastructure Program. This report highlighted the fact that there have been delays in Councils delivering infrastructure projects …
The NSW Government has announced that Part 3A of the Environmental Planning and Assessment Act 1979 (EP&A Act) will be repealed. Pending the repeal of Part 3A, transitional arrangements have been announced which cover projects which were lodged under Part 3A. These transitional arrangements are found in the State Environmental Planning Policy (Major …
In 2005 David Carey started work as the General Manager of Community and Corporate Services at the Douglas Shire Council. At a Council meeting in 2008 a motion terminating Mr Carey’s contract of employment was passed. No reasons were given for the termination in the letter the Council CEO sent to Mr Carey notifying him of this decision.
Mr Carey subsequently made a complaint …
The Independent Commission Against Corruption's (ICAC) most recent report provides yet another voice calling for the amendment of Part 3A of the Environmental Planning and Assessment Act 1979 (EP&A Act).[1] In a context where the NSW opposition has pledged to do away with Part 3A if elected next March, ICAC's report will provide the NSW Labor …
The closing date for nominations for the 2010 Maddocks Young Planner Prize is fast approaching. Following in the footsteps of last year's prize recipient, Rachel Hughes of Yarra Ranges Council, this year's winner will receive a grant of $5,000.
Chetwynd v Armidale Dumaresq Council [2010] NSWSC 690 considered whether the publication of a Code of Conduct Committee report finding that Councillor Chetwynd had breached Council’s adopted Code of Conduct was defamatory.
