Weekly column from Council Courier e-newsletter by CEO Greg Hallam, Friday 29 January 2016.
One of the watchwords at the LGAQ is vigilance around erosion of local government’s powers over time through creeping legislative amendments.
To be fair, that is not so much the case with the Local Government Act where the previous State Government restored the balance of powers between elected members and council staff. To its credit, the current State Government has not sought to overturn those improvements.
The risk lies more in the planning and development arena. Last year, the LGAQ sent to all mayors and senior planning staff a detailed, erudite and balanced opinion by King and Company law firm partner and acknowledged planning law expert David Kevin (pictured).
It chronicled the 25 year long shift of powers away from local government and towards George St in the planning arena. That opinion made it clear the state has extraordinary powers in the State Public Works and Development Organisation Act as well, topped up by the sway given to individual ministers by the Economic Development Act. That’s not forgetting ministerial call in powers.
Elsewhere in this edition we mention proposed changes to the Economic Development Act. These proposed changes raised eyebrows at the LGAQ because they seek to confer additional powers to the state at the cost of councils planning powers.
Those additional powers go well beyond smoothing the way for the Queens Wharf development in Brisbane’s CBD which is the primary purpose of the Bill.
This Government, most particularly Deputy Premier and Minister for Planning, Local Government and Infrastructure Jackie Trad, has shown a willingness and enthusiasm to listen to how new legislation might affect the ability of local councils to represent their communities’ interests. I’m confident we will get a good hearing.
It's worth remembering that it’s never one single change but the cumulative effect of many legislative changes that alter the playing field.
It's the LGAQ’s job to be forever vigilant and put councils’ case forward.