In the media – National
Remote power generation milestone marks turning point
for renewable energy
Renewables are set to become 'the' power source of the
future for regional and remote Australia, with energy consumption
set to be transformed by innovations in power generation, new lows
in solar pricing and the anticipated rapid price reduction in
batteries (08 June 2016).
More...
Planning the ticket to good public transport
infrastructure
Transport infrastructure planning expert Diane Legge Kemp says
infrastructure can take decades to deliver, planning needs to begin
many years in advance so that projects are ready to go when the
funding and political will to do them eventually coincide (07 June
2016).
More...
RICS: Disruptive technology – responding to
changing demographics and consumer behaviours
Population growth, big data, urbanisation and disruptive
technologies are all having an impact on the built environment, and
will continue to do so for the foreseeable future. These themes
featured at the World
Built Environment Forum (10 June 2016).
More...
A new weapon in the battle to overcome car
dependency
The global quest to overcome automobile dependency has a new
weapon in its armoury, with the recent publication of Planning
for Public Transport Accessibility: An International
Sourcebook (02 June 2016).
More...
PCA: Low Carbon, High Performance
Our built environment is currently the world's single largest
contributor to greenhouse gas emissions, consuming one third of our
water and generating 40 per cent of our waste. Last week's
release of a new report, Low Carbon, High Performance,
shows we can eliminate emissions from our buildings entirely by
2050 (01 June 2016).
More...
A five-point plan puts sustainable buildings,
communities and cities within our grasp
The GBCA's plan outlines the policies that can drive down
emissions while enhancing productivity, liveability and
sustainability in our cities (01 June 2016).
More...
GBCA: Sustainability around the corner for Fishermans
Bend
The Andrews Government's commitment to ensure Fishermans Bend
is a world leader in sustainability has been welcomed by
Australia's property industry (31 May 2016).
More...
How can your bank help reduce climate change risks to
your home?
The Climate
Institute has today released a
report detailing the critical role Australian housing plays in
the economy, and the risks housing faces with a changing climate.
It also sets out the role of banks and insurers in promoting risk
reduction and climate adaptation for Australian housing (30 May
2016).
More...
Banks, insurers and governments must help avert
increasing financial losses to home owners and the economy, caused
by climate change
Significant and increasing financial losses will continue to be
incurred by owners and buyers of properties built in areas that are
vulnerable to climate change unless the governments, regulators,
insurers and, especially, the banks take greater responsibility,
finds the Climate Institute (30 May 2016).
More...
Water assessment tool wins award
A NSW water company has received a national award from the
Planning Institute of Australia for its web-based water assessment
tool. WaterNSW received national acclaim for its innovative NorBE
assessment tool in the 'Improving Planning Processes and
Practices' category from the Planning Institute of Australia
(27 May 2016).
More...
GEOCON'S Abode Hotel Woden certified as
Australia's first Green Star hotel
The Abode Hotel Woden has become the first hotel in Australia to
be awarded a rating under the prestigious Green Star certification
system (27 May 2016).
More...
In the media – Victoria
PCA: Property Council welcomes emissions
target
The State Government's commitment to set a net zero emissions
target by 2050 is welcomed by the Property Council of Victoria. The
commitment represents a steady path to 2050 underpinned by a series
of five year interim targets (09 June 2016).
More...
Big Ideas For Future Of Victorian Councils Released The Andrews Labor Government is inviting Victorians to have their say on proposed reforms to the Local Government Act 1989, aimed at creating more efficient and collaborative local councils (10 June 2016). More...
Victoria aims for zero greenhouse gas emissions by
2050
The Victorian Government will aim to achieve a target of net zero
greenhouse gas emissions by 2050 with Environment Victoria calling
for the state to move from coal-fired power to clean energy over
the next couple of years (09 June 2016).
More...
Victoria wants to lead on climate with zero emissions
commitment
Victoria says it will "lead the nation" on climate
change, announcing a goal to become net zero by 2050, in good news
for the built environment, but also putting it in direct
competition with neighbouring South Australia and the ACT ( 09 June
2016).
More...
More...
Local government review – directions for new Local
Government Act released
Victorian councils and the community are invited to contribute to
the first comprehensive
review of local government in a quarter of a century (08 June
2016).
More...
PCA: Sustainability around the corner for Fishermans
Bend
The Andrews Government's commitment to ensure Fishermans Bend
is a world leader in sustainability has been welcomed by
Australia's property industry. The Andrews Government has
released its recast vision for Fishermans Bend – the
465-hectare site close to Melbourne's CBD which will one day
accommodate more than 80,000 people (31 May 2016).
More...
In the media – New South Wales
Impact of NSW council mergers to be exposed by
survey
The successes and failures of the recent NSW council mergers will
be laid bare using data from an annual benchmarking survey –
the first of its kind in Australia (10 June 2016).
More...
NSW Budget: New unit to improve service
delivery
The NSW Government will establish a new Commissioning and
Contestability Unit (CCU) to improve government services by
exploring delivery models that include a mix of government, NGO and
private sector providers, Treasurer Gladys Berejiklian and Minister
for Finance Dominic Perrottet announced today (10 June 2016).
More...
New judge for Land & Environment
Court
Attorney General Gabrielle Upton today announced the appointment
of barrister John Robson SC as a judge of the Land and Environment
Court of NSW (10 June 2016).
More...
Time to lay tracks for Sydney Metro
The first railway tracks were laid today on the revolutionary
Sydney Metro - a major milestone for Australia's biggest public
transport project (08 June 2016).
More...
Tweed developer fined for Aboriginal heritage non
compliance
The Department of Planning and Environment has fined Robinson
Prospect $15,000 for failing to construct a fence around an
Aboriginal heritage site prior to commencing works (07 June 2016).
More...
Four Penalty Notices for Waste Tyre
facilities
The NSW Environment Protection Authority (EPA) has issued four
penalty notices of $1,500 each to Apex Rubber Recycling Pty Ltd in
Riverwood, Renew Rubber Pty Ltd in Greenacre (06 June 2016). More...
NSW Water: Water management reforms
Major reforms have been introduced to improve water services,
making it easier for the state's primary producers to be more
productive through better water management (01 June 2016).
More...
Compliance Officers checking sites across NSW in
April
The April Compliance Report was released by the Department today
showing 47 inspections across the state to make sure approval
conditions are being met by companies (01 June 2016).
More...
Independent decision for proposed changes to Collector
Wind Farm Project
Proposed changes to the Collector Wind Farm northwest of Collector
have been referred to the independent Planning Assessment
Commission for final decision, with recommended conditions
responding directly to issues raised during consultation (30 May
2016).
More...
EPA fines W2R Pty Ltd $15,000 for garden waste
stockpiles
The NSW Environment Protection Authority (EPA) has fined W2R Pty
Ltd (W2R) $15,000 for failing to comply with garden waste limits at
its Bringelly composting facility (30 May 2016). More...
EPA fines No Fuss Waste Solutions Pty Ltd $15,000 for
pollution of waters
The NSW Environment Protection Authority (EPA) has fined No Fuss
Waste Solutions Pty Ltd (No Fuss) $15,000 for water pollution at an
unlicensed Emu Plains facility (30 May 2016). More...
Soldiers Point Marina receives fine for allowing
pollutants to enter marina at Port Stephens
The NSW Environment Protection Authority (EPA) has issued Clippers
Anchorage Pty Ltd (trading as Soldiers Point Marina) with a $15,000
fine for releasing pollutants into the marina at Port Stephens
while undertaking maintenance on a large vessel at their slipway
(30 May 2016). More...
Glimpse into NSW's future
The Future State: NSW 2056 report provides insight into what NSW
might look like in the next 40 years and suggests how it might
become an even more attractive place to live and work (26 May 2016)
Glimpse
into NSW's future Urban Taskforce (26 May 2016).
More...
EPA order Greenland to clean up contaminated site in
Leichhardt
The NSW Environment Protection Authority (EPA) has ordered
Greenland George Street Development Pty Ltd (Greenland) to clean up
the former Kolotex site in Leichhardt, Sydney (26 May 2016). More...
Department fines Shoalhaven Starches Pty Ltd for
compliance breach
The Department of Planning and Environment has fined Shoalhaven
Starches Pty Ltd $3,000 for storing woodchips and coal at their
processing plant near Bomaderry without approval (25 May 2016).
More...
Funding for new councils
New councils in NSW will get up to $15 million in funding to
kick-start the delivery of priority infrastructure and services for
the local community (25 May 2016). More...
EPA fines Inverell Freighters $14,000 for dangerous
goods offences
The NSW Environment Protection Authority (EPA) has issued two
penalty infringement notices to Inverell Freighters, including
$10,000 for failure to ensure dangerous goods are transported
safely, and $4,000 for inappropriate placarding of transported
goods (24 May 2016). More...
In the media – Queensland
QLD Construction and the Rise of Renewable
Energy
Emerging building codes, changing client requirements and tenant
wishes are making renewable and sustainable energy in commercial
construction much more relevant (10 June 2016).
More...
Consultation opens on Kingaroy wind farm
proposal
Locals have their first chance to have a say from Saturday 11 June
on the proposed $500 million wind farm at Coopers Gap near Kingaroy
(10 June 2016).
More...
Queensland bolsters koala protection with $12 million
budget boost
Koala conservation is set to get a boost in the upcoming State
Budget after Environment Minister Steven Miles announced an extra
$12.1 million over four years and ongoing funding of $2.6 million a
year for koala protection (07 June 2016).
More...
EDO: GVK Hancock project faces Qld's highest
court
Queensland's highest court will today hear argument about the
assessment of environmental impacts in relation to GVK
Hancock's proposed 30-million-tonne-per-year Alpha coal mine in
the Galilee Basin. This is the first time the Queensland Court of
Appeal will consider the powers of the Land Court and
decision-makers under the Environmental Protection Act
1994 (Qld) and the Mineral Resources Act 1989 (Qld)
in relation to climate change and the substitution argument (07
June 2016).
More...
Budget backs coal seam gas specialist
team
The Palaszczuk Government is investing more than $7 million over
two years to support landholders and communities co-existing with
the coal seam gas industry, with allocated over two years to fund
the ongoing operations of the specialist Coal Seam Gas Compliance
Unit (06 June 2016).
More...
Wide Bay international airport proposal feasible says
expert
An aviation management expert says a long-term business case must
be made before plans for an international airport in southern
Queensland's Wide Bay go ahead (08 June 2016).
More...
Gold Coast council to explore three cruise terminal
options
The Gold Coast City Council will explore three designs for a
cruise ship terminal offshore from the Southport Spit (07 June
2016).
More...
New quarry deal 'is better' says council
planner
A New agreed Kin Kin quarry management plan "sets in stone
more stringent conditions to protect the environment",
according to a senior Noosa Council planner. The new plan was
approved by the Planning and Environment Court on May 27 and now
forms part of the quarry approval conditions (07 June 2016).
More...
Container deposit scheme will happen for
Queensland
There will be a container deposit scheme (CDS) in Queensland by
the 2018 state election, whichever party seizes power. Based on
South Australia's CDS, the Queensland scheme will involve a 10
cent deposit charged on drink containers between 150ml and three
litres – like plastic bottles and aluminium cans (06 June
2016).
More...
QLS: Changes to vegetation clearance laws unjust and
backward
The State Government's proposed changes to its land clearing
laws were unjust and comparable to the Newman LNP Government's
stance on anti-bikie laws, according to the Queensland Law Society
(03 June 2016).
More...
Sustainability focus for Gold Coast Commonwealth
Games
Environmental sustainability will be a focus of the 2018 Gold
Coast Commonwealth games, with an eye to leaving the city a green
legacy (02 June 2016).
More...
Public comment invited on proposed North Harbour
development
The Department of National Parks, Sport and Recreation (NPSR) is
seeking public comments on proposed changes to the Moreton Bay
Marine Park and the Deception Bay declared fish habitat area for
the proposed North Harbour Development in and adjacent to the
Caboolture River (02 June 2016).
More...
Coastal councils urged to dip in to $12 million fund to
tackle climate change
Queensland's coastal councils are invited to submit their bids
to a $12 million State Government fund to help them safeguard their
communities from the impacts of climate change (02 June 2016).
More...
Sugar leader sets the bar for environmental
practice
Australia's largest cane farmer, MSF Sugar, is leading the way
on environmental responsibility and the adoption of sustainable
farming practices (01 June 2016).
More...
Queensland triples solar ambition for clean energy
future
The Palaszczuk Government has tripled its election commitment in
providing long-term financial support to up to 120 megawatts (MW)
of installed large-scale solar generation (01 June 2016).
More...
Design excellence to shape world-class public spaces
within Queen's Wharf development
New design guidelines released today will help transform the
public space surrounding the Queen's Wharf Brisbane (QWB)
development into an inviting, world-class destination, under the
guidance of some of Australia's best design experts (30 May
2016).
More...
Renewable energy boost for Queensland jobs and
investment
The Palaszczuk Government has welcomed the offer of a power
purchase agreement (PPA) to progress a 170 megawatt (MW) wind farm
in the State's far north (26 May 2016).
More...
Bill to phase out sand mining on North Stradbroke passed
in Parliament
Sand mining on North Stradbroke Island is to substantially cease
by 2019, with the Queensland Parliament voting in favour of the
phase-out to allow the creation of new, sustainable jobs (26 May
2016).
More...
Govt restores farmer & community rights on
mining
Parliament today restored balance between the rights of farmers,
miners, and the community, passing legislation that protects farm
infrastructure and restores community objection rights (24 May
2016).
More...
In practice and courts – Victoria
VIC: EPA seeks feedback
Environment Protection Authority Victoria is seeking industry
feedback on the draft of a new guideline:
Assessing planning proposals near landfills. More
information is available at
www.epa.vic.gov.au/planning (08 June 2016).
VIC: Plan Melbourne refresh submissions
online
Nearly 400 written submissions made to the Plan Melbourne refresh
discussion paper are now
online along with two
summary reports summarising feedback received from submissions
and engagement workshops (02 June 2016).
In practice and courts – New South Wales
NSW Planning: Part 3A transition process
clarified
Due to the repeal of Part 3A in 2011, some Part 3A projects were
not able to be assessed and approved under Part 3A and required a
Ministerial Order to become State Significant Development (03 June
2016).
More...
LGNSW: Comment On State Environmental Planning Policies
(SEPPs)
The Department of Planning and Environment (DP&E) is asking
councils to give initial feedback on a range of current State
Environment Planning Policies to improve their effectiveness. The
review will examine existing policies to consider relevance and
determine whether the policies need to be retained, amended,
transferred or updated Initial comments due Friday 10 June
2016.
NSW Land and Environment Court
The court has released aNotice
to representatives of local councils affected by the proclamations
concerning amalgamation on 01 June 2016.
NSW EPA: Draft Amendment to Protection of the
Environment Operations Regulation (Scheduled Activities) 2016:
Public exhibition
The EPA is seeking comments on the draftProtection of the
Environment Operations Legislation Amendment (Scheduled Activities)
Regulation 2016 (Amendment Regulation). The draft Regulation
is on public exhibition from 18 May 2016 to 16 June 2016.
More...
More...
In practice and courts – Queensland
QLD: Revised Draft SEQRP
A consultation website was launched by the Qld Government to guide
the development of a revised SEQRP. The Draft SEQRP will be
released for public consultation in October 2016. The "Shaping
SEQ" website provides an overview of the role of regional
planning and the themes the Government is looking to incorporate
into the revised plan (May 2016).
Cases – New South Wales
Environment Protection Authority v Sydney Drum
Machinery Pty Ltd (No 4) [2016] NSWLEC 59
OFFENCES – prosecution – liquid waste pollution
incidents – failure to comply with issued clean-up notices
– pleas of not guilty – whether regulatory authority
reasonably suspected pollution incident – whether notice
directions sufficiently related to pollution incident –
whether notice terms sufficiently clear – whether regulatory
authority failed to take into account certain considerations in
issuing notices – whether notice legally invalid due to
unreasonableness – whether reasonable excuse for failure to
comply – whether due diligence exercised to prevent failure
to comply.
The Lawson Clinic Pty Ltd v Ku-ring-gai Council (No
2) [2016] NSWLEC 65
DEVELOPMENT CONTRIBUTION – reasonableness –
contribution in Contributions Plan based on vehicle movements
– whether vehicle movements expected from proposed
psychiatric hospital significantly different from assumption in the
plan – whether indicative formula adopted by plan appropriate
in light of available information concerning implementation of the
plan – adjustment of vehicle-based element of formula
reasonable – no basis to consider indexation formulae
unreasonable – contribution to be adjusted to reflect revised
vehicle movement factor.
Gray v Sutherland Shire Council [2016] NSWLEC
64
APPEAL – appeal against Commissioner's decision on
questions of law – refusal of development consent for
boarding house – determination by Commissioner that necessary
development consent condition could not lawfully be imposed –
whether Commissioner's finding that condition could not
lawfully be imposed an error of law – whether
Commissioner's finding that condition not for proper planning
purpose an error of law – whether Commissioner's finding
that condition manifestly unreasonable an error of law.
Ku-ring-gai Council v Mr Garry West in his capacity as
delegate of the Acting Director-General of the Office of Local
Government & Ors [2016] NSWLEC 62
PRACTICE AND PROCEDURE – notice for production of documents
– public interest immunity – whether documents sought
are subject to public interest immunity – documents submitted
to Cabinet – interests of justice in their availability
– examination of reasons advanced by the Plaintiff –
reasons of limited or no validity – public interest
protection not outweighed by interests of justice – access
denied.
Cases – Queensland
Body
Corporate for Surfers International v Gold Coast City Council &
Anor [2016] QPEC 029
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
DEVELOPMENT CONTROL – APPLICATIONS – OBJECTIONS
¬– where the respondent Council approved a development
application for a material change of use for apartments –
where the development application was approved by way of Code
Assessment under the relevant planning scheme – where the
applicant appealed to the Planning & Environment Court for a
declaration that the Council's Decision Notice approving the
development was invalid - and of no effect – whether the
decision maker of the Council fell into jurisdictional error
– whether the decision maker failed to establish a
jurisdictional fact – whether the subject building consisted
of an apartment use above or within podium level – whether
level 4 of the subject building was above or within the building
podium – whether level 4 was characterised as apartment use
– whether the Council failed to properly assess the
development application.
Allen
& Anor v Cairns Regional Council & Anor (No 3) [2016]
QPEC 025
PLANNING AND ENVIRONMENT – COSTS – Where application
for a declaration that an existing use was lawful – where
Calderbank offer to respondent neighbour – where the
applicant and council incurred costs after the Calderbank offer
– where the applicant and Council would have incurred
substantial costs if the respondent neighbour had withdrawn
opposition - whether respondent neighbour should pay costs of
obtaining the declaration.
Guiney
v Brisbane City Council [2016] QPEC 026
PLANNING AND ENVIRONMENT – Proposed demolition of a pre-1947
dwelling in the traditional building character overlay –
where subject house is a fine example of traditional building
character in a street in which post-1947 houses predominant –
whether a street has no traditional character – whether
subject house contributes positively to the visual character of the
street.
Kinka
Beach Pty Ltd v Livingstone Shire Council [2016] QPEC 027
(15/651) Jones DCJ 27/05/2016 (delivered ex
tempore)
The substantive appeal is concerned with the council's refusal
of a development application involving significant development in
or about the township of Kinka Beach – contempt of court -
the orders of the court will be that the appellant is to fully
comply with all outstanding orders of the court.
Nichol v Campbell [2016] QCAT 057
NEIGHBOURHOOD DISPUTE RESOLUTION – TREES – loss of view – where applicant purchased vacant block – where applicant built new home – where unobstructed view - where palm trees obstructed view – where bamboo obstructed view – whether severe obstruction of the view
Legislation – Commonwealth
Bills Updated in the last week
Nature Conservation and Other Legislation Amendment Bill
2015
Introduced on 27/10/2015. Stage reached: PASSED with amendment on
10/05/2016. Assent Date: 25/05/2016. Act No: Act No. 22 of 2016
Planning Bill 2015
PASSED with amendment on 11/05/2016. Assent Date: 25/05/2016. Act
No: Act No. 25 of 2016
Planning and Environment Court Bill 2015
PASSED with amendment on 11/05/2016. Assent Date: 25/05/2016. Act
No: Act No. 26 of 2016 Commences: by Proclamation
Planning (Consequential) and Other Legislation Amendment Bill
2015
PASSED with amendment on 11/05/2016. Assent Date: 25/05/2016. Act
No: Act No. 27 of 2016. Commences: by Proclamation
Acts as passed 25 May 2016
No 22 Nature Conservation and Other Legislation Amendment Act 2016
No 25 Planning Act 2016
No 26 Planning and Environment Court Act 2016
No 27 Planning (Consequential) and Other Legislation Amendment Act 2016
Legislation – New South Wales
Proclamations commencing Acts
Inclosed Lands, Crimes and Law Enforcement Legislation Amendment (Interference) Act 2016 No 7(2016-277) — published LW 1 June 2016
Bills assented to
Coastal Management Act 2016 No 20 — Assented to 07 June 2016
National Parks and Wildlife Amendment (Adjustment of Areas) Act 2016 No 21 — Assented to 07 June 2016
Water NSW Amendment (Staff Transfers) Act 2016 No 22 — Assented to 07 June 2016
For the full text of Bills, see here...
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Siding Spring Observatory) Regulation 2016(2016-303) — published LW 10 June 2016
Management of Waters and Waterside Lands Amendment (Fees and Classification of Licences) Regulation 2016 (2016-307) — published LW 10 June 2016
Threatened Species Conservation Act 1995 No 101 — Notice of Determination (2016-318) — published Gazette No 47 of 10 June 2016, page 1319
Water Management (River Murray Traffic) Regulation 2016 (2016-312) — published LW 10 June 2016
City of Sydney Regulation 2016 (2016-262) — published LW 25 May 2016
Home Building Amendment (Loose-fill Asbestos Insulation) Regulation 2016 (2016-264) — published LW 27 May 2016
Residential Tenancies Amendment (Loose-fill Asbestos Insulation) Regulation 2016 (2016-267)
Environmental Planning Instruments
Burwood Local Environmental Plan 2012 (Amendment No 8) (2016-313) — published LW 10 June 2016
Lane Cove Local Environmental Plan 2009 (Amendment No 19)(2016-314) — published LW 10 June 2016
Liverpool Local Environmental Plan 2008 (Amendment No 57)(2016-315) — published LW 10 June 2016
Rockdale Local Environmental Plan 2011 (Amendment No 12) (2016-317) — published LW 10 June 2016
Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016 (2016-309) — published LW 10 June 2016
Penrith Local Environmental Plan 2010 (Amendment No 7) (2016-270) — published LW 27 May 2016
Willoughby Local Environmental Plan 2012 (Amendment No 7) (2016-271) — published LW 27 May 2016
Wollondilly Local Environmental Plan 2011 (Amendment No 21) (2016-272) — published LW 27 May 2016
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
