In the media – National
$18 million for six new Reef projects
The Coalition Government is providing more than $18 million for
six new projects to improve water quality and protect riparian
coastal habitats and marine species in the Great Barrier Reef (13
April 2017).
More...
2017 State of the Land
The ninth annual State of the Land report has been released. The
report, sponsored by the UDIA and based on the National Land Survey
Program (NLSP) by Charter Keck Cramer and Research 4, is a rare,
"bottom-up" analysis of one of the most important housing
markets in the country -- the greenfield land market (05 April
2017). More...
CEFC achieves $150m milestone in energy efficiency
finance for 1,000 small business projects
The Clean Energy Finance Corporation has financed more than 1,000
specialist energy efficiency projects undertaken by a broad range
of small businesses, topping $150 million in CEFC investment. The
projects are reducing business energy consumption, with the added
benefit of lowering overall emissions (04 April 2017).
More...
CEFC delivers further boost to renewable energy in New
South Wales
The Clean Energy Finance Corporation will invest a further $80
million in renewable energy in regional New South Wales, bringing
to $350 million the amount of finance the CEFC has committed to the
State's renewable energy sector in just four months (03 April
2017).
More...
In the media – Victoria
Renewable Energy Projects to Boost Supply and Create
Jobs
The Andrews Labor Government has announced $1 million to establish
a series of community power hubs in regional Victoria and
investigate the renewable energy potential of Bendigo's
historic mineshafts (12 April 2017).
More...
In the media – New South Wales
NSW receives massive infrastructure boost
An extra $2.6 billion will be invested into new infrastructure
across NSW following the successful concession of Land and Property
Information's titling and registry services to a majority
Australian consortium, Premier Gladys Berejiklian and Treasurer
Dominic Perrottet have announced (12 April 2017).
More...
New coastal dredging strategy to improve waterway safety
and access
The NSW Government will invest an additional $8 million over four
years to improve the accessibility and health of the State's
waterways, with the release of the NSW Coastal Dredging
Strategy (12 April 2017).
More...
EPA stamps down on pesticide offences in Western
Sydney
The NSW Environment Protection Authority (EPA) has stamped down on
poor pesticide practices in Western Sydney, issuing three fines
totalling $3,450 in March 2017 (05 April 2017). More...
SafeWork NSW fast-tracking asbestos assessments on flood
damaged properties
SafeWork NSW is waiving the five-day asbestos removal work
notification period to allow immediate clean-up of asbestos debris
from storm-damaged properties in north east NSW (04 April 2017).
More...
Draft District Plans must be amended to help solve
Sydney's Housing Crisis
The six district plans for Metropolitan Sydney must be amended to
drive housing supply, says the Urban Taskforce (03 April 2017).
More...
In the media – Queensland
Queensland 2011 flood victims to mediate with
Government
The Queensland Government and managers of the state's dams are
ordered by the New South Wales Supreme Court to meet with lawyers
for 2011 flood victims to try and settle a class action and avoid a
lengthy trial (13 April 2017).
More...
Linc Energy liquidators responsible for EPA
breach
A Brisbane court has ruled the liquidators of Linc Energy are
responsible for the company breaching an environment protection
order issued in May last year. Five former executives of Linc
Energy face charges relating to the company's alleged
contamination of a large swathe of prime farmland (13 April 2017).
More...
Tender awarded for services to enhance Aboriginal
participation in Queensland carbon farming
Environment Minister Steven Miles today announced Aboriginal
Carbon Fund (AbCF) had been chosen to deliver carbon farming
projects that will create jobs in Aboriginal communities (13 April
2017).
More...
Have your say on plans for world-class university
precinct in Moreton Bay
Moreton Bay residents are being encouraged to have their say on
'The Mill at Moreton Bay' Priority Development (PDA) site,
which will guide its transformation into a world-class innovation
and knowledge precinct (12 April 2017).
More...
Chinese developer offers to buy Gold Coast
farmland
Chinese developer, Songcheng, offers contracts to buy up 6,000
hectares of farmland between Brisbane and the Gold Coast (13 April
2017).
More...
Abbot Point coal terminal water spill to cause
'significant damage'
The Queensland government is investigating water spills from the
Abbot Point coal terminal into neighbouring wetlands as an expert
predicts long-term environmental damage (10 April 2017).
More...
In practice and courts – Victoria
New Apartment Standards Introduced
Amendment
VC136 changes the Victoria Planning Provisions and all planning
schemes by introducing new planning provisions for apartment
developments in Victoria by amending Clause 55 and introducing a
new Clause 58. View more information in
Advisory Note 66 (13 April 2017).
In practice and courts – New South Wales
Exempt and Complying Development: equipment for bottles
and cans
The proposed amendments to the policy for will be on public
exhibition until 26 April 2017. People are encouraged to give their
feedback in a submission. To make a submission on the proposed
amendment visit www.planning.nsw.gov.au/proposals.
More information about the NSW Container Deposit Scheme can be
found on the Environment Protection Authority's
website.
Cases – Queensland
Linc
Energy Ltd (in Liq) [2017] QSC 053
CORPORATIONS – WINDING UP – WINDING UP VOLUNTARILY
– CONDUCT AND INCIDENTS OF WINDING UP – EFFECT OF
WINDING UP ON OTHER TRANSACTIONS – DISCLAIMER OF ONEROUS
PROPERTY – where a company was the proprietor of land and
held a Mineral Development License and Petroleum Facility Licence
in respect of that land – where the company held an
Environment Authority issued under the Environmental Protection
Act 1994 (Qld) in association with each of the licenses
– where the respondent issued an environmental protection
order under the Environmental Protection Act 2007 (Qld) to
the company in administration – where the company entered
voluntary winding up and the applicants were appointed as
liquidators – where the applicants gave notice disclaiming
the land licences, the Environment Authorities and the land the
subject of the licenses under s 568 of the Corporations Act
2001 (Cth) – whether the company's obligation to
comply with the environmental protection order could be terminated
as a liability in respect of disclaimer property.
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE
COMMONWEALTH CONSTITUTION – INCONSISTENCY OF LAWS
(CONSTITUTION, S 109) – PARTICULAR CASES – OTHER
MATTERS – where the applicants argued they would be entitled
to terminate their obligations arising under the Environmental
Protection Act 2007 (Qld) by way of a disclaimer under ss 568
and 568D of the Corporations Act 2001 (Cth) – where
the applicants argued that the Corporations Act 2001 (Cth)
prevailed over the Environmental Protection Act 2007 (Qld)
to the extent of any inconsistency by reason of s 109 of The
Constitution – where s 5G of the Corporations Act
2001 (Cth) provided that provisions of the Corporations
Act 2001 (Cth) do not apply where they are inconsistent with a
state law in force immediately prior to the coming into operation
of the Corporations Act 2001 (Cth) – whether s
5G(11) of the Corporations Act 2001 (Cth) has the effect
that s 568D(1) of the Corporations Act 2001 (Cth) does not
operate in Queensland to the extent necessary to ensure that no
inconsistency arises.
Spry
v Brisbane City Council (No 2) [2017] QPEC
021
PLANNING AND ENVIRONMENT – PRACTICE AND PROCEDURE - Costs
– Where the appellant abandoned four of its five grounds of
appeal during final submissions – where the appellant did not
succeed on the remaining grounds of appeal - Whether the appellant
should be ordered to pay the co-respondent's costs of an appeal
– Whether the abandonment of the grounds of appeal
constituted a "surrender" – Whether a costs order
should be made when there was no final determination of the merits
of each of the grounds of appeal – Whether the appellant had
reasonable prospects of success – Whether the grounds of
appeal were unmeritorious – Whether there was disentitling
conduct by the co-respondent.
Tamborine
Mountain Progress Association Inc v Scenic Rim Regional
Council [2017] QPEC 019
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
Whether changes to a development application are a minor change
– Whether changes to a development application result in a
substantially different development.
Council
of the City of Gold Coast v Sedgman Consulting Pty Ltd [2017]
QPEC 018
PLANNING AND ENVIRONMENT – APPEAL AGAINST DECISION OF THE
BUILDING AND DEVELOPMENT COMMITTEE – whether the appeal was
commenced in time – whether the Building and Development
Committee exceeded its jurisdiction in deciding an appeal made out
of time – whether the Building and Development Committee made
an error of law or exceeded its jurisdiction in deciding the
Compliance Permit was invalid - whether the Building and
Development Committee made an error of law or exceeded its
jurisdiction in failing to properly decide the appeal lodged in
relation to the conditions imposed on the compliance permit.
Swan
v Santos GLNG Pty Ltd & Ors (No 2) [2017] QPEC
017
COSTS - PLANNING – ENVIRONMENT: where applicant wholly
unsuccessful in application for orders pursuant to s 505 of the
Environmental Protection Act 1994; whether applicant had
any reasonable prospects of successfully obtaining such orders;
where applicant had failed to properly particularise or relate
evidence to alleged breaches of Environmental Authorities, whether
applicant had obstructed or delayed or acted unreasonably in the
proceeding.
Marchesi
v Noosa Council [2017] QLC 19
Appeal against a categorisation decision.
Consolidated
Tin Mines Ltd on behalf of Snow Peak Mining Pty Ltd & Anor v
Dunn & Ors [2017] QLC 18
Hearing of applications for mining leases and objections;
Objections to application for environmental authority.
Shimrad
Pty Ltd & Anor v Collins & Ors [2017] QLC
17
Compensation for renewal of mining lease; Application for
variation of access.
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.
