As you would no doubt be aware, on July 27 2007, an independent Local Government Reform Commission provided recommendations to the Queensland Government on the name, class, boundary, and electoral arrangements for the new local government arrangements in Queensland. These recommendations, which will reduce the number of councils in Queensland from 153 to 73, were accepted by the Queensland Government.

In December, the Australian Electoral Commission (AEC) conducted Plebiscites on Council amalgamations in 85 local authority areas. The results published by the AEC reveal the overwhelming majority of people in the majority of the 85 local authority areas do not support Council amalgamation.  Despite this result, the Queensland Government has decided to continue with the amalgamation process with Local Government Minister Warren Pitt stating that "The government can justify taking the course of action it has because it must govern in the interest of the whole state".

The next step in the amalgamation process is council elections which are scheduled for 15 March 2008.

The Local Government Reform Implementation Act 2007 makes provision for regulations to be made as to how the new local government will discharge the functions of predecessor local governments. In the past when councils have been amalgamated, or have transferred areas to other councils, the Regulations have provided for:

• existing planning schemes to continue to apply until replaced by a new scheme;
• other planning instruments to continue to apply until updated or repealed by amendment of the existing scheme, or the adoption of a new scheme;
• planning decisions to continue to apply as if they had been made by the new Council;
• development applications in train at the changeover date to be processed by the new Council; and
• respondent councils in planning appeals in train at the changeover day to be taken to be the new council.

Importantly, the amalgamation effects no substantive change to the law applicable to the processing and determination of development applications unless the new Council amends the applicable planning scheme. If this happens there could be some effect, either positively or negatively depending on the nature of the change, through the application of the Coty Principle.

The State Government is moving to put a filter on political change to the planning schemes for Port Douglas and Noosa through the Iconic Queensland Places Bill 2007, which is expected to be enacted before 15 March 2008. This Bill is also understood to alter the processing requirements for some development applications, in these local government areas, but the Bill is not likely to substantially alter the law with respect to assessing and deciding such applications. We will release a newsletter in relation to this Bill as soon as it is introduced to Parliament.

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