Local Government Law & Lawyers
Council decisions, development applications, and local government law.
Local government refers collectively to administrative authorities over areas that are smaller than a state. Basically, Local Government is a form of government in which responsibility for the regulation of certain matters within particular localities (local government areas) is delegated by statute to locally elected councillors who work for your local Council.
There are various Local Government Acts in each state and territory within Australia.
If you need legal help regarding any aspect of local government law including any issue you may have with local council, then please complete your free legal enquiry form on the right, or click here.
Generally speaking, the services provided by lawyers practising in the area of local government law include all matters and issues with local Council and local government including:
• Planning, development approvals and development applications (DA's)
• Site Appraisals (Development Potential)
• Applications & Appeals
• Obligations/Agreements
• Objections to Applications & Appeals
• Judicial Reviews
• Enforcement/Prosecution
• Certificates of Lawful Development
• Advertising
• Listed Buildings
• Trees & High Hedges
• Boundary Disputes & Trespass
• Adverse Possession
• Covenants, Easements & Rights of Way
• Right to Light
• Party Walls
• Village Greens & Common Land
• Enforcement Investigations
• Drafting Planning Notices
• standards complaints and investigations;
• monitoring officer support;
• attendance at committees;
• social housing;
• homelessness;
• education law;
• planning;
• highways;
• rights of way;
• traffic regulation orders;
• compulsory purchase, compulsory acquisition;
• regeneration;
• construction;
• child care;
• contracts;
• state aid;
• projects;
• partnering and joint working;
• procurement;
• commercial property;
• charities;
• private bills;
• licensing;
• environmental health;
• employment;
• debt recovery;
• training for elected members and officers;and
• data protection and freedom of information.
If you need legal help regarding any aspect of local government law, please complete your free legal enquiry form on the right, or click here.
Local government roles and responsibilities Constitutional responsibility for local government lies with the state and territory governments. Consequently, the roles and responsibilities of local government differ from state to state. Functions include:
- infrastructure and property services, including local roads, bridges, footpaths, drainage, waste collection and management
- provision of recreation facilities, such as parks, sports fields and stadiums, golf courses, swimming pools, sport centres, halls, camping grounds and caravan parks
- health services such as water and food inspection, immunisation services, toilet facilities, noise control and meat inspection and animal control
- community services, such as child care, aged care and accommodation, community care and welfare services
- building services, including inspections, licensing, certification and enforcement
- planning and development approval
- administration of facilities, such as airports and aerodromes, ports and marinas, cemeteries, parking facilities and street parking;
- cultural facilities and services, such as libraries, art galleries and museums
- water and sewerage services in some states
- other services, such as abattoirs, sale-yards and group purchasing schemes
Local government revenue comes from three main sources - taxation (rates), user charges and grants from Federal and state/territory governments. A fourth source, categorised as 'miscellaneous' by the ABS, consists of revenue raised through the likes of investment interest, dividend interest, income from public enterprise and fines.
If you need legal help regarding any aspect of local government law including any issue you may have with local council, then please complete your free legal enquiry form on the right, or click here.
Links to Further Resources - Local Government Law & Lawyers
News updates and further information - Local Government Law & Lawyers
Local government (councils)
The six states and the Northern Territory have established one further level of government.
Local governments (also known as local councils) handle community needs like:
- waste collection
- public recreation facilities
- town planning
The states and the Northern Territory each have many local governments within their borders. The state or territory government defines the powers of the local governments, and decides what geographical areas those governments are responsible for.
Each local government has the equivalent of a legislature and an executive only.
The naming conventions for local governments vary across Australia. They can be called cities, shires, towns, or municipalities, but they are still controlled by the state or territory government above them.
In the Australian Capital Territory, the responsibilities usually handled by local government are administered by a department of the territory government.
Rates account for about 38 percent of total revenue. Rates comprise just 3 percent of tax raised by all levels of government and is the only tax levied by local government, of 260 taxes in AUstralia.
About one third of total local government revenue comes from user charges.
Overall, grants and subsidies from the Australian and state/territory governments account for around 17 percent of total revenue. For some rural and remote councils where own-source revenue raising capacity is limited, grants can account for more than 50% of council revenue.
The Australian Government provides financial assistance grants to local government. These are paid to state governments for distribution to local government via state grants commissions.
Councils are able to apply for funding under a range of Australian Government programs, such as the Road Safety Black Spot program and the Regional Solutions program.
Local government assets have a net worth of more than $212 billion (2005-06).
If you need legal help regarding any aspect of local government law including any issue you may have with local council, then please complete your free legal enquiry form on the right, or click here.
The main pieces of local government legislation in Australia are as follows:
Australia
New South Wales
Local Government Act 1993 (New South Wales)
Queensland
Local Government Act 1993 (Queensland)
Local Government Act 2009 (Queensland)
South Australia
Local Government Act 1934
Local Government (Forestry Reserves) Act 1944
Local Government Finance Authority Act 1983
Local Government Act 1999 (South Australia)
Local Government (Elections) Act 1999
Local Government (Implementation) Act 1999
Tasmania
Local Government Act 1993 (Tasmania)
Victoria
Local Government Act 1874 No. 506. The first so-called.
Local Government Act 1890 No. 1112.
Local Government Act 1903 No. 1893.
Local Government Act 1915 No. 2686.
Local Government Act 1928 No. 3720
Local Government Act 1946 No. 5203.
Local Government Act 1958 No. 6299.
Local Government Act 1989 No. 11 of 1989.
The current legislation
Many other acts entitled "Local Government Act" have been passed—as well as even more of the form "Local Government (Specific Matter) Act"—but these are the major ones which define the terms in which the others operate or alter. All but the last have had the long titles "An act to consolidate the Law(s) relating to Local Government". Additional acts concerning local government in the early days of the colony did not have short titles.
If you need legal help regarding any aspect of local government law including any issue you may have with local council, then please complete your free legal enquiry form on the right, or click here.
Western Australia
Local Government Act 1995
The main organisational bodies in Australia pertaining to local government law and policy include the following:
1. ACT Government
The gateway to the Australian Capital Territory Government Internet resources. Includes links to Budget; ACT Legislative Assembly; Voting & Elections; Government Agencies; Functions and Services Directory; Current Features; Media Releases;
2. Australian Local Government Association
The Australian Local Government Association is the national voice of local government, representing 673 councils across the country.
3. Council of Australian GovernmentsDescription The Council of Australian Governments (COAG) is the peak intergovernmental forum in Australia. COAG comprises the Prime Minister, State Premiers, Territory Chief Ministers and the President of the Australian Local Government Association (ALGA).
4. Local Government - VicNet Directory
Directory of Victorian local government with links to 73 city and shire councils throughout Victoria.
5. Local Government Association of NSW and the Shires Association of NSW
The Local Government Association of NSW and the Shires Association of NSW present councils' view to governments,provide industrial relations and specialist services to councils and promote Local Government to the community.
6. Local Government Association of Queensland
The Local Government Association of Queensland formed in 1896 to give local government a united voice. The Association is the peak body representing local government in its dealings with other governments, unions, business and the community.
7. Local Government Association of South Australia
The LGA is the voice of Local Government in South Australia.
8. Local Government Association of Tasmania
The Local Government Association of Tasmania, the association that represents the 29 councils that make up local government in Tasmania.
9. Local Government Association of the Northern Territory
The Local Government Association of the Northern Territory (LGANT) is a peak organisation representing the interests of Local Government in the Northern Territory.
10. Queensland Civil and Administrative Tribunal
Queensland Civil and Administrative Tribunal (QCAT) makes a wide range of decisions relating to and including,debt and consumer disputes, occupational matters, anti-discrimination matters and administrative decisions. The Tribunal can also review decisions.
If you need legal advice regarding Local Government Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Local Government Law lawyer nearest you, who can help you with Local Government Law.
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