21 October 2025
Legislation will have major council impacts
There are some vital pieces of legislation being debated at State Parliament in these final sitting weeks that will have some serious impacts for all councils.
Staff at LGNSW are busy reviewing the legislation and providing expert policy advice and feedback.
Our direct advocacy to Ministers, the Opposition and members of the Crossbench is ensuring that the voice of local government is heard and that the Bills being debated can be improved to provide better outcomes for our councils and, therefore, the communities we serve.
Please consider contacting your local State Members of Parliament to convey your feedback and positions on the legislation they will be voting on.
Planning System Reforms
The Environmental Planning and Assessment (Planning System Reforms) Bill 2025 passed the lower house last week, with a number of amendments successfully moved by the Government, the Opposition and a number of Crossbenchers. These changes will go some way towards improving the operation and transparency of the reforms.
Among them are amendments to strengthen transparency and oversight of the Housing Delivery Authority, the Development Coordination Authority and Community Participation Plans.
The amendments also strengthen safeguards around expedited amendments to environmental planning instruments and the declaration of Targeted Assessment Developments (TAD). In an improvement, the amendments mean the TAD pathway will not apply to resource projects or large renewable energy projects.
And, finally, the amendments preserve critical protections against development on certain bushfire-prone land – an important win for community safety.
However, I remain concerned about changes to planning panels that seek to further limit the role of locally elected representatives in determining development. I’m also conscious that so much of the detail required to operationalise these reforms will be left to statutory rules, environmental planning instruments, and policies.
It’s absolutely critical that these are developed in a genuinely collaborative manner with local government to maintain public trust and confidence in the planning system.
Additionally, in direct discussions with the Minister, I have again told him that as a sector, while we might also seek to improve it, we do not support the Housing Delivery Authority. We also remain concerned about the distinct lack of support and progress on proper strategic planning and continue to need financial support to carry out the increasing amount of work generated by growing numbers of State Significant Development (SSD) applications.
That’s why LGNSW is calling for the establishment of a Planning System Reforms Implementation Panel – with strong local government representation – to inform the rollout of the changes.
We’ll continue to press this case as the reforms progress through Parliament.
E-bike regulation
Last week the NSW Government introduced the Road Transport and Other Legislation Amendment (Micromobility Vehicles and Smartcards) Bill 2025, paving the way for much-needed regulatory framework for e-bikes and other micromobility vehicles.
On the whole, this Bill is a welcome step forward. Councils and LGNSW have long been calling for better legislation to fill the regulatory vacuum that was causing havoc, confusion and community safety concerns for communities and councils.
While disappointingly under the proposed reforms councils will not have the final say on refusing a license, they will still have the power to decide where shared schemes can operate in their local government area, set dedicated parking spots and establish much needed “go-slow” or “no-go zones”. These measures recognise that local government is best placed to manage how shared mobility works on the ground.
It’s very welcome that these laws will improve public safety standards through better regulated use, enforcement of helmet requirements and clear, designated parking. However, the regulation and enforcement measures must not create yet another cost burden for ratepayers.
That’s why it’s appropriate that shared scheme operators, who profit from e-bike use, will contribute through a fee to fund approvals, compliance monitoring, ranger activity, infrastructure, and a data-sharing platform to track usage.
LGNSW looks forward to working closely with the NSW Government on the detail of these regulations to ensure councils can fairly recover their costs and keep their communities safe.
Councillor conduct reforms
Another important piece of legislation tabled to Parliament last week was the Local Government and Other Legislation Amendment (Councillor Conduct) Bill 2025.
LGNSW acknowledges the intent of the Bill is to improve transparency and accountability of NSW councils, to ensure misconduct matters are dealt with promptly and appropriately, and to create a one-stop-shop for misconduct matters involving councillors.
The Bill is broadly consistent with LGNSW’s 2025 Policy Platform 18.4 and our associated advocacy to “Improve the Code of Conduct framework to ensure complaints are dealt with efficiently, effectively and in line with principles of procedural fairness”.
However, LGNSW remains concerned about whether the Bill will achieve these objectives and whether the Land and Environment Court (LEC) is the most appropriate court for dealing with significant conduct matters involving councillors.
I have written to Minister Hoenig to specifically raise the following concerns:
- Absence of protection for councillors from double jeopardy for ‘damages’ arising from bullying or sexual harassment
The Bill ought to be amended to prevent a person from commencing proceedings in both the Industrial Relations Commission (IRC) and LEC for damages in relation to the same conduct.
- Appropriate jurisdiction for councillor misconduct cases
LGNSW would prefer “public interest proceedings” against councillors be dealt with by the IRC rather than the LEC, particularly where they concern bullying and sexual harassment.
We have specifically asked the Minister to formally establish a working party, including LGNSW representatives, to facilitate the implementation of the legislation. This should include advising on the as yet unseen drafts of updated Codes of Conduct, privileges committee framework, and relevant practice notes of the LEC concerning the relevant jurisdiction should the Bill pass and it be expanded as intended.
LGNSW will continue to advocate for robust legislation that will provide for safe and respectful workplaces but will also protect councillors and staff.
Inquiry into Public Toilets
The NSW Parliamentary Inquiry into Public Toilets has delivered its final report, and I’m pleased to note that many of LGNSW’s key recommendations have been adopted.
The Inquiry recognised that safe, accessible and inclusive public toilets are essential community infrastructure, which is vital for health, participation, and local economic activity.
Importantly, the Inquiry report reflects much of what councils have been advocating for:
- Increased funding and support for Lift and Change facilities,
- Stronger accessibility and universal design standards,
- Clearer guidance on inclusive language, signage and community engagement,
- Provision for minimum standards for the design, delivery, safety, maintenance, accessibility and sustainability of public toilets.
However, the report also proposes measures that could create new obligations for councils.
The report’s recommendations suggest councils should be legally responsible for developing local public toilet strategies, conducting regular audits, and meeting new design, cleaning and maintenance standards by amending the Public Health Act 2010.
While it is welcome that the report calls for a supporting funding model, there is no guarantee this will be supported or be in perpetuity.
LGNSW strongly supports improved access and design consistency, but will continue to advocate for adequate funding, flexibility and local discretion to ensure these new standards don’t become unfunded mandates.
Annual Cyber Threat Report
The Australian Signals Directorate had published its Annual Cyber Threat Report for 2024-25.
The report indicates that federal, state and local governments are the top reporting sectors of incidents to the Australian Signals Directorate.
This finding is a timely reminder that councils are on the frontline when it comes to protecting sensitive community data and maintaining essential digital services. The task of meeting increasingly complex and costly cyber security requirements is significant — and it continues to grow.
While councils are doing everything they can to strengthen their systems, greater support and coordinated assistance from state and federal governments is urgently needed to help meet these demands. LGNSW has consistently advocated for this support and will continue to do so on behalf of the sector.
Read the report
Proposed changes to NSW Fire and Rescue NSW Fees
I’d like to encourage all councils to review the proposed changes to some of the fees charged by the NSW Fire and Rescue service (FRNSW).
As we know, the FRNSW provides an integral service to our communities, operating 335 fire stations across NSW under the Fire and Rescue Act 1989 and State Emergency and Rescue Management Act 1989. Its services are primarily funded by insurance levies, local councils and the NSW Government.
Under current legislation, FRNSW may charge fees for specific services. Following a review by the Independent Pricing and Regulatory Tribunal (IPART) in March 2022, FRNSW is proposing updates to some charges, including:
- Attendance at false alarm call outs to Automatic Fire Alarm (AFA) systems, hazmat incidents and special events.
- Fire safety services in the built environment.
- Other services not considered “core” response.
You are invited to have your say on these proposed changes between 20 October and 16 November 2025. The website includes links to the IPART Final Report, Regulatory Impact Statement and the Draft Fire and Rescue NSW Amendment (Charges) Regulation 2025.
If you have any questions, please email FRNSW directly at [email protected].
Sincerely,
Mayor Phyllis Miller OAM
LGNSW President
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