Failure of JDAP to Defend Decision
The impression given by the Department of Planning (DoP) when the Development Assessment Panel (DAP) system was introduced in 2010 was that DAPs would...
Structure Plans: injurious affection and compensation
A recent decision of the Western Australian State Administrative Tribunal considered the question of whether structure plans could injuriously affect land and thereby give rise to compensation entitlements on the part of landowners...
Gift disclosure requirements
At a wedding, the groom’s parents give the bride a necklace worth $250. The bride happens to be a Council member of a local government.
Supreme Court determines that landfill levy applies to clean fill
Local government operators of landfill sites are affected by a recent decision of the Supreme Court of Western Australia in Eclipse Resources Pty Ltd v The State of Western Australia [No.4] [2016] WASC 62, which confirmed that a statutory levy on ‘waste’ deposited at...
Recording conversations without consent
Surveillance technology has become increasingly sophisticated and affordable, altering how we record our day-to-day lives. In particular, smart phones and tablets are able to record conversations conveniently, inconspicuously and reliably, tempting people to covertly record a conversation as proof of both its existence and its contents...
New laws to affect Incorporated Associations
As local governments deal with incorporated associations, such as sport and recreation clubs, societies and community groups, on a frequent basis it is important for local governments to keep abreast of changes to the laws governing incorporated associations in Western Australia...
Postal service of prosecution documents by local governments
The Supreme Court recently handed down its decision in Stewart v City of Belmont [2016] WASCA 5 in which it considered the service of prosecution notices by local governments...
The Role of Policy in Local Government Decision-making – Lessons from the Save Beeliar Wetlands case
The decision of Chief Justice Wayne Martin on 16 December 2015 in the case Save Beeliar Wetlands (Inc) v Jacob [2015] WASC 482 (Save Beeliar Wetlands case) contains much useful discussion of the role of policy in administrative decision-making processes, which has potential application to local governments, particularly in their making and application of local planning policies.
Proposed recording and live streaming of local government council and committee meetings
In Western Australia there has been a long running debate on the question of whether Council meetings should be streamed live online, with the recordings being made available to electors by uploading to the local government’s website as soon as practical, and maintained online as an archive...
Council members voting with an impartiality interest
Sections 5.65 and 5.67 of the Local Government Act 1995 (WA) (LG Act) leave local government Council or committee members in no doubt that if they have a s.5.60 financial interest in a matter before the Council, they must disclose the nature of the interest, depart the meeting room and not participate in the decision-making process...