Ethics of Public Sector Decision Making

Governments keep getting bigger. The exercise of their powers is more far-reaching than ever before. As powerful as government may be, there is no such thing in Australia as unlimited official power. Governments can only exercise the powers vested in them. Governments exist only to serve the public interest and the courts will hold them […]

Readmore

Government quashes MIT concessions for foreign investors in major Easter-eve crackdown

The cost of capital for new investment in Australian infrastructure and much of the property sector will increase following changes announced yesterday to the taxation of Managed Investment Trusts (MITs) that are “stapled”, i.e. the MITs lease property assets to brother/sister operating companies. The key changes will increase the MIT withholding rate to 30% on […]

Readmore

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 include […]

Readmore

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 rate and charge […]

Readmore

Court orders Noosa Council to amend Infrastructure Charges Notice

In 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 […]

Readmore

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 […]

Readmore

Queensland Parliament dissolved for State Election

The 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 […]

Readmore

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 […]

Readmore