LGAQ conference Mackay 2021: Motions to make our lives better

Cutting CBD red tape, housing shortage, boat ramps: The 12 ways Mackay Isaac Whitsundays councils this week pushed for change.

Mayors and councillors from across Queensland descended on Mackay this week for the Local Government Association of Queensland’s annual conference.

Among their roles was voting on more than 100 motions where councils asked the LGAQ to lobby state and federal governments about issues impacting ratepayers in their patch.

Here are 12 motions that passed from the Mackay Isaac Whitsundays councils.

1. Mackay CBD (motion 62) – PASSED

Mackay Regional Council says the need to meet all current laws, codes and standards is hampering the transformation of empty shops within CBD areas in particular.

The council argues the red tape makes overhauling buildings cost-prohibitive “meaning that properties remain vacant and undeveloped”.

“This is particularly the case when premises previously used for a certain purpose, are being considered for a new use — such as a retail shop being converted to a cafe, or conversion to

inner-city living — triggering prohibitive building requirements,” the motion reads.

“While planning schemes have become more facilitative towards interchangeable uses within existing buildings, transitional provisions of building codes remain restrictive.

Corner of Wood and Victoria Street. Mackay CBD. Picture: Tony Martin

“It is also imperative that any changes take into account public and occupant safety, however a practical solution is needed to overcome the issue of properties remaining vacant as it is too expensive to upgrade buildings retrospectively to current laws/codes/standards.”

A motion before the conference will ask the LGAQ to “call on the state and federal governments to develop practical guidelines and standards under the laws, codes and standards for redevelopment of existing buildings, in consultation with local government”.

The LGAQ says there needs to be enhanced education and training of building certifiers.

“In 2020, the Australian Building Codes Board released the Handbook: Upgrading existing buildings, to assist practitioners achieve a balanced approach, considering cost and practical solutions, to upgrade existing buildings,” it responded.

“Greater clarity and education regarding the minimum necessary safety, health and amenity requirements when designing for and assessing new building work in existing buildings, may assist in achieving the outcomes sought by this motion.

2. Census – Covid influence on tourism populations (motion 55) – PASSED

Whitsunday Regional Council fears Covid will short them government funding allocated through Census population data collected in August.

“With the current closure of state and international borders and state-imposed lockdowns across the country, there are reduced numbers of tourists in those significant tourist destinations such as the Whitsundays and Cairns, than would normally exist,” the council argued.

Airlie Beach foreshore. Picture: Whitsunday Regional Council

“There is a concern that this is not representative of the normal travel seasons and will skew the data that is collected to not represent what are the more normalised population numbers. This needs to receive further consideration when this data is collected and how it is compared and used against historical data.”

Whitsunday council asks the LGAQ to call on the Federal Government to give special

consideration in the Census 2021 to how border closures and lockdowns affected tourism population numbers, resulting in lower than normal population data being recorded within

those communities who are linked to significant tourism destinations like the Whitsundays.

The LGAQ says there have been similar concerns in resource communities in the past but there is no policy statement or advocacy action plan on this matter.

3. Body corporate fees and sale of land issue (motion 22) – PASSED

Mackay Regional Council says affected councils have been seeking a solution since 2014 to a conflict between two pieces of legislation.

Under local government legislation, councils are obliged to transfer a property sold underrates arrears provisions free of encumbrance, yet the incoming owner risks incurring a continuing encumbrance via the unpaid body corporate fees under body corporate legislation.

“There are a growing number of cases where body corporates have not been able to actively pursue recovery of their debt themselves, yet the debt prevents a council from acting to recover its rates debt because of the potential onerous liability for a purchaser moving forward,” the background reads.

“Currently, prudent purchasers are not prepared to take the risk of purchasing property which is potentially subject to onerous liabilities in the form of substantial body corporate fee debt.

“Equally, a local government will not want to incur the costs and consumption of resources involved in repeated sale of land for arrears of rates action where there is no prospect of a sale eventuating.

“This contrasts with the treatment of registered mortgages. When the mortgage is dissolved by the legislated local government sale of land process, the loan agreement with the defaulting ratepayer remains but is unsecured by the mortgage.

“The financier is able to continue to pursue the borrower for any unpaid moneys as an unsecured debt, and the purchaser does not inherit the debt.”

The council asks the LGAQ to call on the Attorney-General to “commit to directly resolving the long-standing body corporate debt and sale of land issue as a stand-alone issue, and that, at a minimum, require the working group to give urgent and high priority to addressing the issue of debt recovery recommendations”.

The LGAQ and councils view this approach as being the “only sensible way forward” so body corporates can continue to pursue the original defaulting owner for any unpaid moneys as an unsecured debt and the new purchaser does not inherit the debt.

The LGAQ hopes legislation changes can be prioritised and expedited.

“Due to the current legislative ambiguity, these properties are left in limbo with mounting and unrecoverable debts,” the advocacy organisation says.

“Unpaid body corporate debt creates a disincentive for purchasers and fails to assist

councils recover rates owed.

“This type of situation is increasing due to Covid-19, lack of international owners travelling, oversupply of units and low interest rate conditions.”

The Whitsundays is experiencing housing issues. Picture: Contributed

4. Solutions for housing (accommodation) shortage (motion 19) – PASSED

Whitsunday Regional Council seeks initiatives to increase new housing numbers including offsets against headworks charges for local government, increasing tax benefits for institutional investors and increasing first homeowner benefits.

The council also suggests increasing tax incentives for negative gearing, offset transport costs for construction materials to regional areas, adopting additional tax incentives for using underoccupied housing and legislating to allow development to pay infrastructure charges after sealing and release of plans of subdivision.

“A housing shortage is being experienced in many regional areas to an extent not faced before,” the council said.

“This is restricting job opportunities in key areas as new employees are unable to find suitable cost-effective accommodation and so return to capital cities.”

The Whitsunday council asks the LGAQ to call on the state and federal governments to implement such initiatives to increase new housing numbers that will support increased housing investment in regional areas.

“The aim is to increase new housing numbers in regional areas that are currently experiencing a housing shortage and restore rental opportunities to an acceptable level,” the council said.

“It is acknowledged that the impacts of Covid pandemic have led to a range of consequences not considered likely in 2019, with one of the impacts being a significant housing shortage in regional areas.”

>>>> ‘It’s going to be a disaster’: United push for housing national summit

The LGAQ notes a range of housing-related motions have been put forward for the 2021 conference, as well as at past conferences.

The organisation says housing is one of its priorities for rural and remote council advocacy, noting a new housing action plan endorsed in August 2021 and some initiatives being considered in a parliamentary inquiry that began in August 2021.

“This will provide the opportunity to comprehensively consider and define priority advocacy asks to address housing supply, diversity and affordability challenges across Queensland’s regions, including in regional areas, as sought by this motion,” the LGAQ said.

5. Council elections: Clarification of reporting requirements for group campaign (motion 51) – PASSED

Queensland voters could have greater clarity around what is considered group electioneering at local council elections if this motion moved in Mackay is successful.

In what some councillors described as “undemocratic” and an attempt to “change the rules”, Mackay Regional Council moved a motion calling on the LGAQ to lobby the state to clarify what is considered group campaign activities under the Local Government Electoral Act.

It follows a controversial 2020 Mackay council election where there debate around whether some independent candidates campaigned as an undeclared group against the declared Greg Williamson Alliance.

Mackay council election 2020 candidates

Registered groups, or candidates endorsed by the same political party, can participate in group campaign activities.

“Clarification is required related to how-to-vote cards and similar advertising, and the ability for candidates not part of a group to cross-list or reference other candidates by virtue of numbering of for example one to five against candidate names in an undivided council seeking multiple representatives,” the background to the motion reads.

“Registering as a group brings with it very stringent reporting requirements, however individual candidates are not responsible for the same level of reporting.”

The LGAQ has already begun correspondence with the Local Government Minister about legislative reforms to the relevant Act but if this motion passes, it will pursue these outcomes too as part of ongoing discussions.

Concept drawings from when the new boat ramp at Shute Harbour was announced.

6. Boat ramps (motion 93) – PASSED

Mackay Regional Council is seeking full consultation from the State Government when it announces new boat ramps after the community deigned a ramp design “not usable”.

“The State Government followed the ‘standard’ drawings when constructing the boat ramp,” the council said.

“In this example, council has since received feedback from the community that the ramp is not usable and does not meet the requirements for local users.

“Despite this feedback, the state will not consider changes as the design meets their ‘standard drawings’.”

The council also argues a boat ramp needs both an access road and car park but neither fall under the state’s ambit so are not funded.

“There is an assumed expectation that councils will provide the ‘land-side’ infrastructure, however there was no consultation with council prior to the announcement of the project (nor

was it part of any advised/agreed priority listing), and no agreement with council to fund the road and carpark,” the council said.

The new Shute Harbour boat ramp as it appeared in July 2021. Picture: R Jean Photography

“As such, a boat ramp is being constructed without associated supporting infrastructure, demand for which will now come from users.”

The Mackay council asked the LGAQ to call on the Queensland Government to “ensure full and proper consultation with local government regarding the installation and construction of public boat ramps”.

They hope to ensure interested local residents have a say too and projects are suitable for local conditions.

The LGAQ says there is already an understanding with the State Government reflecting a spirit of cooperations.

There have been similar issues with the new boat ramp at Shute Harbour.

7. Flexible state planning policies for rural areas (motion 95) – PASSED

Lot reconfiguration applications in rural designated areas do not always take into consideration the practical aspects of locating new development, Mackay Regional Council says.

The council says it’s important to align usable land with other uses to support long-term viability of farming operations but minimise conflict with agricultural uses.

This publication reported on such issues in Habana where many blocks were subject to rural zoning rules that preserved agricultural land under state planning policies.

The Mackay council asks LGAQ to call on the Queensland Government to review the

applicable State Planning Policy to give individual councils more flexibility in considering reconfiguration of lot applications in rural-zoned areas.

Nick Thiele and Liam Byrne in the North Mackay Saints v Mackay Magpies AFL premier grand final, September 11, 2021. Picture: Matthew Forrest

8. Sporting grants (motion 107) – PASSED

The Mackay and Townsville councils are seeking greater flexibility in sporting grant funding guidelines to allow for not-for-profit organisations.

They ask the LGAQ to call on the State Government to amend sporting grant funding guidelines to allow not-for-profit organisations, including regional sports bodies with a focus on promoting physical activity, to be eligible for such grants.

The 2021 ActiveKIT program was a $4.1 million funding pool with a stated aim ‘to support innovative solutions within the active industry to increase physical activity opportunities.

In the 39 projects funded, a number of corporate recipients received significant funding, as well as the multi-billion dollar-budget University of Queensland, while not-for-profits such

as the North Queensland Sports Foundation, were deemed to be ineligible.

“Expanding grant eligibility in the manner proposed by this motion may make grant success more difficult for some councils as a result of increased competition from newly eligible regional organisations,” the LGAQ said.

Kimihia Pakipaki-Hemopo in the RLMD A Grade grand final between Wests Tigers and Sarina Crocs, September 5, 2021. Picture: Matthew Forrest

“On the other hand, where councils don’t lodge their own grant application, their communities could still benefit as a result of a successful application lodged by a regional sport organisation that was not previously eligible to apply.”

9. Coast hazard risks (motion 57) – PASSED

Insurance and financing to address coastal hazard risks are on the agenda for the Cairns and Whitsunday councils.

There are 31 councils that are preparing to or have mapped a Coastal Hazard Adaptation Strategy, looking at storm tide inundation, erosion and sea-level rise at time increments between now until 2100 to determine the increasing risk of coastal hazards impacts over time. The project has been two-fold; ensuring the resilience of coastal communities into the future and looking into insurance issues.

“Insurance is an annual premium and is based on the likelihood of events occurring and of damage to infrastructure in the policy period,” the councils said.

Aerial view of Whitehaven Beach. Picture: iStock

“The coastal hazard mapping prepared as part of the CHAS projects under the QCoast program shows that in many cases these impacts will not increase substantially in the short to medium term, however are expected to increase from 2060.

“Currently, when events occur which impact our coastal areas (eg storm tide or erosion due to cyclones), councils are reliant on the Queensland Reconstruction Authority to fund the rebuilding of these areas.

“As risks increase over time, it is anticipated that there may be competing priorities for funding which are a potential future financial risk to coastal councils.

“More attention is needed to ensure the ongoing sustainability of recovery funding in the short, medium and long term, given the increasing risk profile predicted with a changing climate, to ensure the future resilience and viability of our community infrastructure.

“The Federal Government recently committed a $10 billion reinsurance pool to reduce insurance premiums for residences and businesses, however, more needs to be done to prepare, mitigate and adapt to these risks and to consider planning and delivering infrastructure in this area to ensure the ongoing resilience of our communities.”

A new Whitsundays climate change plan favours 'retreat, transition, or accommodation' strategies over the development of sea walls.

The Cairns and Whitsunday councils want the LGAQ to advocate to state and federal governments to:

• Develop a comprehensive coastal hazard adaptation framework and actions in consultation with local governments and the finance/insurance industry, that effectively consider, and address insurance and financial implications of coastal hazard risks identified through completed Coastal Hazard Adaptation Strategies; and

• Commit to ongoing funding for implementation of coastal hazard adaptation initiatives and disaster recovery in the short, medium and long term, given the increasing risk profile predicted with a changing climate to ensure resilience and future viability of our community

infrastructure.

The LGAQ said this motion was in line with the organisation’s advocacy plan.

10. Community consultation for roads (motion 89) – PASSED

Whitsunday Regional Council says gaps in communication and engagement with councils and communities on key road projects are causing confusion.

The council argues a disconnect between regional offices and the Transport and Main Roads Department’s Brisbane office is leading to misinformation or a lack of information before road projects begin.

To address this disconnect, the council proposes establishing a communication and engagement protocol that would allow councils to work with TMR to ensure better information flows to communities and councils before construction.

11. Stronger rural health strategy (motion 40) – PASSED

Isaac Regional Council says there are critical shortages of medical, nursing and allied health staff that present an unacceptable risk to Isaac communities.

“Anecdotal evidence in the Isaac region can be seen in new parents having to travel away from their communities to give birth, patients having to travel for a lifesaving diagnosis often followed by relocation for ongoing lifesaving treatments,” the council said.

“Further, when critical medical services are needed in the region for emergency industry response, the service capacity is not available.”

Moranbah Hospital and Community Health Centre. Picture: Tara Miko

The Isaac council will ask the LGAQ to call on the Federal Government “to assess the effectiveness of the 2019 Stronger Rural Health Strategy, specifically the impacts of sub-standard health services, in order to deliver an equitable model of fit for purpose health care to Australians living in rural and remote areas”.

The council wants an inquiry to be established to correlate current experiences of rural and remote communities with accessing medical, nursing and allied health services in rural and remote regions.

12. Regional inequity (motion 102) – PASSED

Isaac Regional Council says the Covid-19 pandemic could be a catalyst for change when it comes to addressing regional inequality.

“The global pandemic has been one of the most significant events of the past 50 years. It has required a new way of thinking about economic, social and political issues,” the council argued.

Moranbah is in the Isaac region where there are critical health shortages. Picture: Rae Wilson

“There has been new thinking on working from home and new thinking on cities, as the pandemic has least affected regional Australia.

“Initial evidence has shown the pandemic has inspired a reconsideration of city living and a look to the regions.

“Regions are now more attractive with lower house prices, relaxed lifestyles, and a safer

environment regarding illness and health.

“Combined with the changed government thinking on debt and deficits – being that in times of crisis borrowing to support the economy is appropriate – the pandemic has provided a catalyst for change.

“The vast list of previous inquiries have repeatedly heard that for the regions to prosper and reduce inequality, they need large and sustained investment in infrastructure, education, training, amenities and healthcare.”

Isaac says the next decade presents a once-in-a-century opportunity to make investments and allow regional Australia to fulfil its potential.

The Moranbah red bucket at the entry to the mining town. Picture: Rae Wilson

The council asks the conference to vote that the LGAQ calls on the Federal Government to implement the recommendations of the Senate Economics Reference Committee Inquiry

Report into the indicators of, and impact of, regional inequality in Australia in December 2020, in order to address regional inequality.

The LGAQ says: “Regional Queensland underpins the state’s economy through a diverse industry base including agriculture, resources and tourism and seeks to be supported by appropriate levels of service and infrastructure”.

Originally published as LGAQ conference Mackay 2021: Motions to make our lives better