Bias vs the statutory duty of members to vote
Under the common law, as a general rule, decision-makers are disqualified from acting in a matter where they have a bias, actual or apprehended.
Wider powers to revoke local government management orders in Western Australia
In Western Australia a significant portion of public land managed by local governments is managed pursuant to management orders granted under section 46 of the Land Administration Act 1997.
Objecting to mining exploration licence applications
Local governments are increasingly involved with mining tenements in their pursuit of preservation of economic, social and environmental sustainability of their district.
Considering ‘incidental structures’ under the Building Act 2011
On 2 April 2012, the Building Act 2011 came into effect, replacing the previous building regime set out in the Local Government (Miscellaneous Provisions) Act 1960.
Development approval under the MRS: the case of Shalom v Joondalup
The State Administrative Tribunal has determined that – with two categories of exceptions – development approval under the Metropolitan Region Scheme is required even for developments that enjoy an exemption from local planning scheme development approval.
Discretion to approve undersized lots
The State Administrative Tribunal (Tribunal) recently delivered a decision which had the somewhat unusual outcome that a provision of the Residential Design Codes Volume 1 (R-Codes) does not mean what it says.
Sentencing considerations for food offences
McLeods has extensive experience in all matters relating to local government compliance and enforcement. We have been involved in thousands of successful prosecutions for local government and are the only law firm in WA that has a team of lawyers who practice solely in local government enforcement.
At McLeods, we understand the desire of local governments to find solutions that are cost-effective and result in long-lasting change. We help create such solutions in a timely and effective manner by taking a broad view of local government enforcement.
Do local governments in Western Australia lack a general power to provide public works?
In local government legislation prior to 1995, the power of local governments (LGs) to provide public works in their districts was dealt with on a prescriptive basis; the powers thought necessary for an LG to provide good government in its district were specifically prescribed in the constituting Act.
CEO contracts and the 10-year rule
As a general proposition, if a local government wishes to continue to employ, as its CEO, a person who has been employed (or, on expiry of their current contract, would be employed) as its CEO for 10 or more consecutive years, then the local government must first carry out a recruitment and selection process in accordance with the relevant CEO Recruitment Standards.
Workforce Accommodation and time limited approvals
The provision of workforce accommodation for FIFO workers is a necessary part of the accommodation mix in many regional areas, however the incorporation of workforce accommodation into a community is a complex issue.