"Frivolous and vexatious" - legal battles, disputes and asbestos

In this edition of the Local Government News Roundup:

• A suspended mayor’s court challenge edges closer
• A rural mayor calls for sector support for its battle with the EPA
• A NSW councillor resigns, amid reported financial troubles
• Asbestos contamination concerns widen in Liverpool
• A copper smelter rescue package welcomed in Queensland
• A council calls for help in the fight against tree vandalism
• A long running legal battle thrown out
• A bloodbath for incumbent mayors in New Zealand

Victorian Local Governance Association
The VLGA is an independent organisation supporting councils and councillors in good governance.

Chapters

• 2:10 Victorian Report
• 7:57 NSW Report
• 13:18 QLD Report
• 16:28 TAS/SA/WA/NT Report
• 19:49 Global Report

Transcript

Victorian Roundup:

As we await the release of a Commission of Inquiry report into Whittlesea City Council, its suspended Mayor Aidan McLindon’s case against LG Minister Nick Staikos was back in the Supreme Court last week.

A directions hearing for Mr McLindon’s challenge against his suspension was held, at which arguments were heard about the whether and how the commission’s report, once tabled, would be used in the proceedings.

Mc McLindon told the Roundup that a third directions hearing will be held on 10th December, and a trial date has been set for late April.

Mr McLindon’s suspension by the minister was for six months, effective 16th April, meaning it is due to expire this week.

Moorabool Shire Council says it has received support from councils across Victoria, including through a motion at the MAV conference, regarding its dispute with the EPA.

The dispute centres on a VCAT decision requiring the council to pay for cleaning up toxic waste illegally dumped on Crown land by an operator known to the EPA.

The council wants urgent government policy reform to shift financial responsibility for illegal dumping away from councils to the perpetrators and is hosting an Illegal Dumping Summit on 30 October to develop collaborative solutions.

Moorabool Mayor Cr Paul Tatchell is scheduled to join me here on an upcoming the Roundup to talk about why the summit is being organised, and his concerns about the implications for the local government sector.

The Victorian Government has announced a $21.5 million injection to strengthen its Illegal Dumping Taskforce and support councils in cleaning up illegally dumped waste across state.

The new measures include enhanced surveillance, enforcement, and financial assistance covering up to 50% of cleanup costs.

The EPA-led taskforce will increase monitoring, review fines, pursue offenders through courts, and publicly shame those responsible for illegal dumping, which carries maximum penalties of $3.95 million for businesses and $800,000 or five years imprisonment for individuals.

The National Basketball League says it would "strongly consider" granting Geelong a professional basketball licence if the City of Greater Geelong's proposed Regional Indoor Sports and Events Centre is built at Geelong Arena, according to a report from the Geelong Advertiser.

The council has identified the arena upgrade as the "missing link" for hosting elite-level sports and large-scale entertainment events, with capacity for 5,000-8,000 spectators.

The current facility has significant issues including asbestos contamination and poor spectator amenities.

The improved venue would also benefit the WNBL's Geelong Venom.

Mornington Peninsula Shire residents are being urged to check what they're putting in their recycling bins after contamination rates have cost the Shire an additional one million dollars in processing fees.

The contamination rate has jumped from under 15 percent to almost 18 percent.

The Shire is launching a new education campaign called "Bin it right, future's bright!" and will continue conducting periodic bin inspections to help identify common recycling mistakes.

Ararat Rural City Council says heavy vehicles and inappropriate usage have caused significant damage to a road undergoing upgrade works, threatening the progress and quality of the improvements.

The Council is urging road users to exercise greater care on Mt William Road, urging drivers to follow posted signage and avoid unnecessary heavy equipment use to help protect the public asset.

East Gippsland Shire Council has welcomed the Federal Government's draft Universal Outdoor Mobile Obligation (UOMO) legislation that will require mobile carriers to provide reasonable access to mobile services outdoors across Australia.

The Council views this as a positive step for rural and remote areas, following years of advocacy for improved telecommunications infrastructure—particularly after the 2019-20 bushfires.

But its says further improvements are needed, including emergency roaming, mandatory reliability standards, and better backup infrastructure for remote communities.

Victorian Briefs:

The City of Greater Bendigo will take over management of the Eaglehawk Recycle Centre after the shop's board announced its closure due to financial difficulties.

The council has announced that the transition will take effect on 1st November, and that the council is working to ensure continuity of service and identify employment opportunities for existing staff through its recruitment process.

Hume City Council's Sports Aid Grant Program is now open, offering funding up to $1,000 for young athletes representing Hume at major events and up to $250 for those facing financial hardship to participate in community sport.

Sunbury Life reported the program has been updated to encourage more applications from girls and young women, building on last year's success which saw 150 young people receive grants across sports including basketball, soccer, swimming, tennis and cricket.

Strathbogie Shire Council has welcomed state government funding for crucial upgrades across key local routes, including stretches of the Hume Freeway at Tallarook, and resurfacing at Seymour and Tabilk.

Mayor Claire Ewart-Kennedy said the investment recognises the importance of maintaining safe and resilient road networks in rural Victoria.

National Roundup:

NSW:

A local councillor in the Hunter Valley has resigned after five years of service, citing work commitments.

But the Newcastle Herald reports, the resignation comes amid financial troubles.

Cessnock City Councillor Rosa Grine submitted her resignation last month, issuing a statement, in which she said work commitments made it difficult to give the role the time it deserved.

Earlier this year, the NSW District Court ordered Ms Grine to pay almost 600-thousand dollars to a former employee of her Kurri Kurri restaurant, Happi Chicken. The court heard the money was loaned to help expand the business in 2018, though Ms Grine maintained it was a gift.

Ms Grine is now listed on the National Personal Insolvency Index as an undischarged bankrupt, though she declined to comment on her financial status when contacted by the Herald.

The council is now working with the NSW Electoral Commission to conduct a countback election to fill the vacancy. Results are expected by early November.

Liverpool City Council is facing criticism over its handling of an asbestos contamination incident in south-west Sydney.

The Sydney Morning Herald reported that the Council removed more than 500 tonnes of contaminated soil from Pye Hill Reserve in Cecil Hills after a resident reported suspected asbestos in mid-August.

But the council didn't close part of the reserve until twelve days after the initial report, and three days after asbestos was confirmed.

Local MP Charishma Kaliyanda says residents weren't properly informed, and the council has apologised, confirming it missed one street in its letter drop.

The EPA and SafeWork NSW are now investigating. The Council has closed another site on Rickard Road in Chipping Norton while testing continues, and this week discovered two more contaminated areas at the reserve.

Five councils across south-east New South Wales are joining forces to demand a fairer deal from Transgrid's massive HumeLink transmission line project.

Upper Lachlan Shire Council is leading the charge alongside Snowy Valleys, Yass Valley, Wagga Wagga City, and Cootamundra-Gundagai councils.

The Goulburn Post reported that the councils are asking for ongoing payments similar to those being offered to landholders who host the infrastructure.

The $4.8 billion HumeLink East project will see 237 kilometres of high-voltage transmission lines stretch across these five local government areas when it's completed in 2027.

Upper Lachlan mayor Paul Culhane says while landholders are receiving $10,000 per kilometre annually for 20 years, councils are being left out of the equation.

Transgrid currently provides $15 million shared across all five councils for community programs, but mayors argue this doesn't go far enough to support long-term infrastructure needs.

Warrumbungle Shire Council, in collaboration with NSW Police Force and NSW Health, conducted a major enforcement operation in Dunedoo on last week, seizing a significant quantity of illegal tobacco products from a hidden cabinet at a business premises.

An Emergency Cease Use Order was issued, and serious charges are expected to be laid against the employee and business owners involved in the unlawful tobacco sales.

The council says it remains committed to working with other agencies to stamp out the sale of illegal tobacco in the region.

Georges River Council is pushing for reforms to increase transparency and accountability within the Private Certification industry, including public access to documentation and penalties for non-compliant certifiers.

The council's advocacy follows community complaints about private certifiers being unresponsive to concerns, with residents calling for stronger local council controls and better state government regulation of the industry.

The St George and Sutherland Shire Leader reported that the council is taking its push next month’s LGNSW annual conference.

Central Coast Council has announced that it will replace its its fragmented IT systems with TechnologyOne's unified OneCouncil solution, a moved projected to save $4.2M over 10 years.

Shaun Dwyer from TechnologyOne said the move will enable better decision making through streamlined operations.

The transformation has been driven by the Council's Financial Recovery Plan.

NSW Briefs:

Lismore City Council has received $1.98 million in funding to restore 42 hectares of critically endangered urban rainforests across 16 sites, aiming to protect native wildlife and improve local waterways through the Rainforest to River project.

The initiative is supported by 17 partners and includes culturally informed restoration activities, to create a connected riverside green corridor.

Blacktown City Council has opened a $15 million Disability Sports Centre at Blacktown International Sports Park, the first of its kind in Western Sydney.

It has been funded by the NSW Government and developed with Disability Sports Australia to transform access to sport for people with disability.

The facility features two multipurpose courts and accessible amenities, and is complemented by $1.6 million in pathway improvements.

Wagga Wagga City Council and Destilla GmbH, a world-leading natural food flavours facility in Nördlingen, Germany, have signed a Memorandum of Understanding to establish an exploration and innovation facility in Wagga Wagga.

The two cities have had a 50-year Sister City relationship, and Destilla is planning to use the Australian location as a base to explore local botanicals for new flavour opportunities in their international business.

QLD:

Sunshine Coast Mayor Rosanna Natoli has firmly rejected suggestions that South-East Queensland should be rebranded as simply "Brisbane" in the lead-up to the 2032 Olympic Games.

The Sunshine Coast News reported that the pushback comes after Brisbane 2032 organising committee president Andrew Liveris referred to the region as the "Brisbane City Region" in recent comments to the Courier Mail.

But Mayor Natoli is adamant the Sunshine Coast – located about 100 kilometres north of Brisbane – must maintain its unique identity.

Federal MP for Fisher Andrew Wallace echoed the sentiment, saying he would be "absolutely, utterly opposed" to lumping the regions together.

The comments came during a roundtable discussion on Friday about the region's future, where officials from all levels of government agreed on the need for better infrastructure and connectivity ahead of the Games.

Good news finally for Mount Isa, as federal and state governments have come to the rescue of the city's copper smelter.

After months of lobbying by Mayor Peta MacRae and the Mount Isa community, a $600 million rescue package has been secured for the Mount Isa Copper Smelter.

The funding - jointly provided by the Federal and State Governments - is a three-year deal running to the end of 2028, with the possibility of a two-plus-one-year extension.

The agreement includes funding for critical capital upgrades to the smelter, including a rebrick that Glencore has requested.

Mayor MacRae says while the community is relieved by the announcement, the fight for more investment and opportunities will continue.

Redland City Council is calling on residents to help stop a disturbing trend of tree vandalism that's hitting communities across the region.

Mayor Jos Mitchell says multiple incidents have been reported in recent weeks – from Point Lookout on North Stradbroke Island to the mainland at Redland Bay and Karragarra Island.

In one troubling case, a public reserve near Home Beach has been targeted three times in just one month, with trees poisoned or cut down with chainsaws.

Council is conducting investigations and increased surveillance, and warns that offenders face fines under local laws or prosecution in the Magistrates Court.

A rubbish truck caught fire after batteries were improperly disposed of in a kerbside bin, forcing the driver to dump the burning load on a Buxton street last week.

The Gold Coast Bulletin reported that four fire crews responded to the incident, the second of its type in a month for Bundaberg Regional Council, which averages over 30 fires annually in trucks or waste facilities due to incorrect battery and hazardous waste disposal.

Scenic Rim Regional Council has completed a targeted roadside fire ant treatment program covering 878km of local roads as part of a coordinated effort with the Queensland Government's Fire Ant Suppression Taskforce.

The program distributed approximately 1,400 kilograms of Insect Growth Regulator bait along roadsides to help suppress the spread of fire ants, which pose significant threats to ecosystems, agriculture, and daily life across Australia.

TAS:

A Tasmanian council is red-faced after an administrative bungle left its entire vehicle fleet unregistered and uninsured for a week, according to ABC News.

West Coast Council has admitted to a major oversight that saw all of its vehicles — from passenger cars to heavy machinery — operating without registration for seven days.

The registration for the fleet expired on September 30th, but the 45-thousand-dollar renewal bill wasn't paid until October 7th. During that time, multiple vehicles were driven on public roads, illegally and without valid insurance.

Acting General Manager Bill Hutcheson says the mistake was due to a miscommunication between departments.

Transport Minister Kerry Vincent has referred the matter to the Registrar of Motor Vehicles for investigation. Under Tasmanian law, driving unregistered vehicles can attract significant fines.

SA:

A South Australian court has thrown out what a magistrate described as a "frivolous and vexatious" legal battle spanning six years.

The Adelaide Advertiser reported that Port Augusta Magistrates Court has permanently stayed 372 charges filed by local resident Trevor Robertson against the Port Augusta Council and three law firms.

Mr Robertson and his partner claim the council assigned a false address to their property, causing GPS and mapping systems to incorrectly direct people to their business.

Alleging fraud and negligence, the couple refused to pay council rates, which led to the eventual sale of their properties for unpaid rates.

Magistrate Michael Fotheringham dismissed all charges, describing them as an abuse of the court process.

In a statement, Port Augusta Council said Mr Robertson had been "wholly unsuccessful" in all court proceedings and criticised misleading social media posts about the case. The council emphasised that the private prosecution was never authorised by police or the Director of Public Prosecutions.

WA:

The Western Australian Government has opened applications for Principal Adjudicator and Deputy Adjudicators to replace the Local Government Standards Panel.

The adjudicators will determine Code of Conduct breaches by council members with authority to impose sanctions including suspension.

Applications are open to legal practitioners with minimum five years' experience to work alongside the new Local Government Inspector to strengthen integrity and accountability across WA's local government sector.

The Shire of Narrogin has approved a $650 million Narrogin Wind Farm, the third major renewable energy project in the region.

While the council says the development signals significant economic investment for the area, it has raised concerns about overridden local buffer protections and the absence of mandatory community benefit funds.

It is urging the State Government to conduct comprehensive assessments of cumulative impacts from the six proposed projects within its boundaries and five more in adjacent areas, ensuring community interests are protected and benefits flow transparently to affected residents.

And in the NT, the government has appointed Tom Leeming to lead the department of hoising, local government and community development.

Mr Leeming is a 26 year public service veteran, with 15 years experience in senior executive positions.

Global Roundup:

NZ:

In New Zealand, results are coming in from the weekend’s local government elections, with some surprising outcomes already confirmed in mayoral races.

In Wellington, outgoing mayor Tory Whanau has failed to win a council seat according to The Post. She had opted not to re-contest the mayoralty after a controversial three year term, and had hoped to focus on returning as a councillor.

Voters have elected former cabinet minister Andrew Little to the mayoralty in the capital.

Auckland Mayor Wayne Brown, and Christchurch mayor Phil Mauger have been returned to office for second terms.

Another former MP, Tim McIndoe, looks likely to win in Hamilton; Dunedin’s incumbent mayor Jules Radich is out of contention, as Newsroom reports that more than a dozen mayors have been ousted around the country.

They include three term mayor of Selwyn, and president of Local Government New Zealand, Sam Broughton, who has conceded to Lydia Gliddon, a farmer and one term councillor who captured 73 per cent of the vote.

Radio New Zealand reported that the results suggest voters have particularly turned against mayors who have presided over high rates rises in recent years.

Nearly half of the 66 mayoral contests look likely to elect new faces in the roles.

USA:

In a story from the Texas Tribune, the residents of a rural community in Hood County, Texas are taking an unusual step to fight back against noise from a massive cryptocurrency mining facility.

Next month, voters will decide whether to incorporate as the city of Mitchell Bend — a move that would give them the power to regulate the industrial noise that's been disrupting their lives for the past two years.

The MARA cryptocurrency facility uses thousands of high-powered fans to cool its computers that mine Bitcoin. Some residents say the constant roar — reaching up to 90 decibels — has made it impossible to enjoy their properties.

Texas has become the top crypto mining location in the world, with Governor Greg Abbott welcoming the industry after China banned it in 2021. The state now has at least 27 Bitcoin facilities, using enough power for 680,000 homes.

But Texas counties can't set noise ordinances like cities can, which is why residents are seeking to incorporate.

The proposal will go to a poll on November 5th.

UK:

Derbyshire County Council, led by Reform UK, has voted to oppose solar farm developments on agricultural land across the county, according to BBC News.

Leader Alan Graves has described the developments as "Chinese-manufactured eco deserts" that damage the countryside.

Despite the council having limited direct planning authority over such projects, the motion passed with a large majority, though critics argue that renewable energy sources like solar are essential for energy independence and climate action.

Brighton & Hove City Council is considering a trial to introduce approximately 300 rental e-scooters, to be operated by Beryl.

The trial would include speed limits of 12.5mph and restricted usage areas to reduce illegal scooter riding and air pollution.

The scooters will be available only to those aged 17+ with a provisional driving licence, prohibited on pavements, and subject to nighttime curfews and speed restrictions, according to BBC News.

A costly clerical error in Kent has forced an entire local council to face re-election, leaving taxpayers to foot a bill of nearly four and a half thousand pounds.

BBC News reported that Birchington Parish Council in Thanet was elected back in May 2023 - but it's now emerged the ballot was administered incorrectly from the start.

The problem? Someone deleted the ward names before the election, effectively treating the parish as one single ward instead of two separate ones.

The mistake went unnoticed until September, when the council chairman resigned. That's when officials realised they couldn't determine which ward had the vacancy - because legally, those wards should have existed all along.

Thanet District Council leader Rick Everitt said they have no choice but to hold a fresh election for all ten council seats, at an estimated cost of forty-four hundred pounds to local taxpayers.