In the media – National
PCA: New cities report tackles population growth head
on
Infrastructure Australia's new report, Future Cities:
Planning for our growing population, is a compelling
conversation starter about the trajectory of our big cities.
Property Council of Australia Chief Executive Ken Morrison said the
report confronts the challenges and opportunities arising from
population growth head on and called for critical infrastructure
funding to be brought forward (23 February 2018).
More...
Local councils making cities less liveable, independent
infrastructure adviser says
Australia's patchwork of small local councils is threatening
urban liveability, according to the independent infrastructure
adviser, which is urging the Federal Government to financially
reward states which simplify planning processes (23 February 2018).
More...
CEFC in finance first to target energy efficiency and
sustainability in Australian farming sector
The CEFC is targeting major clean energy benefits in Australian
agriculture, with its first equity investment in the sector. As
part of the CEFC investment, the CSIRO will contribute expert
analysis to enable clean energy learnings to be shared across the
farming sector (21 February 2018).
More...
NAB in residential green bond first
National Australia Bank has launched a $2 billion residential
mortgage-backed bond that, for the first time in Australia,
includes $300 million of mortgages that meet the Climate Bonds
Standard for low-carbon residential buildings. NAB said the green
tranche attracted socially responsible funds and mainstream
investors from Australia and internationally, and was almost two
times oversubscribed (15 February 2018).
More...
Neighbourhood living rooms – we can learn a lot
from European town squares
Australian urban design has historically focused on providing and
improving access to public green spaces. As cities increase in
density, this is a crucial part of creating healthy, engaged
communities. But Australian urban designers often fail to consider
the "other half" of public space – the town square
(14 February 2018).
More...
How many governments does it take to plan a city? Fewer
is better, a new report says
Australia's patchwork of small local councils is threatening
urban liveability, according to the independent infrastructure
adviser, which is urging the Federal Government to financially
reward states which simplify planning processes (22 February 2018).
More...
FOI reveals government found Adani "may have been
negligent" in approval process
Adani "may have been negligent" when it failed to
disclose its CEO's links to four earlier environmental
offences, according to documents released under Freedom of
Information (13 February 2018).
More...
The head of the Murray Darling Basin Authority admits the authority is powerless to prevent upstream farmers harvesting rainwater desperately needed to flow through the river system for the benefit of all users (13 February 2018). More...
CEFC invests $25M in Australian first residential
housing green bond
The Clean Energy Finance Corporation, which is playing a key role
in developing Australia's green bond market, has made a $25
million cornerstone investment in the first ever green tranche of
an Australian residential mortgage backed bond (09 February 2018).
More...
In the media – Victoria
Local councils struggling to find solution to China
recycling ban
Local councils affected by China's ban on importing recyclable
waste are given a short-term reprieve, with the Victorian
Government chipping in $13 million to help them manage the rubbish,
but the municipal association says there's no solution in sight
(23 February 2018).
More...
Multi-billion-dollar developments on hold in
'unprecedented' Victorian Government move
Billions of dollars worth of development applications at
Melbourne's Fishermans Bend have been put on hold by
Victoria's planning minister because of design concerns, in a
move being called "unprecedented" by both sides of
politics (22 February 2018).
More...
Sustainable Housing on the rise – Nightingale
Housing secures SV grant
Success in last year's Premier's Sustainability Awards is
paying off for Nightingale Housing, a not-for-profit program that
offers a new vision for residential developments and city living
(15 February 2018).
More...
Nightingale Model set to fly across
Victoria
The Nightingale Model has received a $100,000 boost from the
Victorian government in order to replicate and extend its
sustainability achievements across the state (15 February 2018).
More...
In the media – New South Wales
Three visions for Sydney's density as 2.4 million
more people call it home
Sydney must decide how much density it can handle, as it plans for
2.4 million extra residents over the next three decades, amid
mounting community backlash towards perceived overdevelopment.
Infrastructure Australia, on Friday released landmark report
proposing three alternative visions of Sydney in 2046, when the
population is projected to hit 7.4 million (23 February 2018).
More...
Hunters Hill residents wary of latest announcement on
uranium contamination
Residents on Sydney's lower north shore dismiss the
Government's latest plans to clean up land contaminated by a
uranium smelter more than hundred years ago as "a hollow
promise" (21 February 2018).
More...
EPA clamps down on rogue retailers failing to register
waste tyre loads
The NSW Environment Protection Authority (EPA) has
issued 16 penalty notices to businesses across Sydney for failing
to register and use the EPA's online tracking system,
WasteLocate, to track the movement of their tyres (21 February
2018).
More...
Stronger protections on tunnel ventilation
facilities
The NSW Government today announced that it is putting in place
stronger protections on emissions from motorway tunnels. Under
reforms, the ventilation outlets of all current and future
operating motorway tunnels in NSW will be regulated by the NSW
Environment Protection Authority (17 February 2018).
More...
In the media – Queensland
Queensland sets sights on growing sugarcane
biorefineries
Renewable jet fuel and diesel made from sugarcane waste could be
manufactured across regional Queensland under a project by US
company Mercurius and supported by the Palaszczuk Government (20
February 2018).
More...
Queensland accepts court block on New Acland coalmine
expansion
The state government refuses to provide an environmental licence to
allow New Hope to expand mining to the Darling Downs. It was the
first time the court had recommended an environmental authority for
a mine, known as New Acland coalmine (14 February 2018).
More...
Local government representatives' hotline to
Integrity Commissioner
Mayors and Local Government Councillors will be able to seek
ethical and integrity advice from the Queensland Integrity
Commissioner, as part of the Palaszczuk Government's increased
transparency and accountability agenda (12 February 2018).
More...
Better beef practices to help the Great Barrier
Reef
Graziers in the Burnett-Mary region are set to deliver benefits to
the Great Barrier Reef and their own farms off the back of more
than $600,000 in funding from the Queensland Government for a new
project focusing on better land management practices (09 February
2018).
More...
In Practice and Courts
Commonwealth
The latest organisation to achieve carbon neutral
certification
Brisbane City Council has been certified carbon neutral against the
Australian Government's National Carbon Offset Standard
(NCOS) (21 February 2018).
More...
Amendments to the Threatened Species List
The Minister has approved the inclusion of 19 species, transfer of
8 species, removal of 2 species and retention of 3 species in their
current category in the EPBC Act list of threatened species. He
also found 3 species ineligible for listing (15 February 2018).
More...
Australia's Biodiversity Conservation
Strategy
The Department of the Environment and Energy is seeking feedback on
this strategy and action inventory for 2018-30. The draft revised
strategy is open to public comment until 16 March 2018.
More...
Announcements, Draft Policies and Plans released 2017
Victoria
Planning Permit Activity Report
The Planning Permit Activity Report for
January 2018 is now available (22 February 2018).
New South Wales
Commencement of updated Environmental Planning &
Assessment Act 1979
The NSW Government passed legislation to update the
Environmental Planning and Assessment Act 1979
(EP&A Act) in November 2017. Most changes to
the Act commenced on 1 March 2018.
More...
State Environmental Planning Policy (SEPP) for the
remediation of land and the Contaminated Land Planning Guidelines
Review
The Department is exhibiting an Explanation of Intended Effect
(EIE) for a new Remediation of Land SEPP, as well
as draft Planning Guidelines and is seeking comment from the
community. Submissions are invited by 31 March 2018.
More...
State Environmental Planning Policy (SEPP)
review
The NSW Department of Planning and Environment
(DP&E) has released its Explanation of
Intended Effect (EIE) for a State Environmental
Planning Policy that aims to simplify planning rules for a number
of water catchments, waterways, urban bushland, and Willandra Lakes
World Heritage Property. More...
Queensland
Queensland Treasury: New legislation to reform financial
assurance and mining rehabilitation performance
The
Mineral and Energy Resources (Financial Provisioning) Bill
2018 was introduced into Parliament on 15 February 2018.
This important legislation will better protect the community and
the environment against the risk of resource companies defaulting
on their environmental obligations. The Bill replaces the existing
financial assurance provisions for resource activities in the
Environmental Protection Act 1994 with a new Mineral
and Energy Resources (Financial Provisioning) Act 2018 which
establishes the financial provisioning scheme.
More...
The Bill also introduces new progressive rehabilitation and
closure plan requirements for mining lease environmental
authorities for a site-specific application.
More...
Cases
Victoria
Inter Urban Pty Ltd v Moreland CC [2017] VCAT
1918
Moreland Planning Scheme; Application under Section 79 of the
Planning and Environment Act 1987 against the responsible
authority's failure to determine the matter within time;
General Residential Zone – Schedule 1
(GRZ1); Amendment VC110; Healthy neighbourhood;
Amendment VC 139; Six three storey dwellings; Neighbourhood
character; Reduction in residential and visitor car parking; public
transport; corner site.
Kong v Rajaratnam (Building and Property) [2018] VCAT
204
Water Act 1989 – s.16(1) – damage suffered by
unreasonable flow of water – liability of person who caused
the flow – s.19(10) – flow – evidence as the
source.
Shayher Properties Pty Ltd v Moreland CC [2018] VCAT
176
Moreland Planning Scheme; Section 77 the Planning and
Environment Act 1987; former Pentridge Prison site; Permit
already granted for a 19-storey tower in the general location in
question; Incremental redevelopment of the former prison site;
Proposal for development of a 19-storey tower containing hotel and
apartment uses, The lower level hotel use includes the adaptive
reuse of the B Division and B Division Annexe heritage buildings;
Proposal includes the display of internally illuminated business
identification signs at the top of the building; Part-oral decision
at the end of the hearing; Interim decision.
New South Wales
City of Ryde Council v Principal Healthcare Finance Pty Ltd (No
3) [2018] NSWLEC 12
APPEAL: Appeal from the making of consent orders by a Commissioner
to conclude a Class 1 appeal – whether such orders can or
should be set aside – whether appellant is estopped from
appealing orders to which it consented – statutory
interpretation – conditions of consent – whether key
issue was raised at first instance – consideration of
objector concerns.
Slade v Kempsey Shire Council [2018] NSWCA
25
ENVIRONMENT AND PLANNING – Environment Protection Agency
(EPA) issued a clean-up notice to the appellants
in respect of a metal recycling site – appellants failed to
comply with the notice – EPA then issued a notice to the
respondent council to clean up the site – whether any
non-compliance by the respondent with the EPA's notice to it
affected the respondent's right to recover its costs and
expenses of the clean-up from the appellants.
Leroma Pty Ltd v Randwick City Council [2018] NSWLEC
1073
DEVELOPMENT APPLICATION: residential flat building; component of
affordable rental housing; whether proposal is compatible with the
character of the locality; setbacks; wall height; and visitor
parking.
Queensland
Lock the Gate Alliance Ltd v Chief Executive under the Environmental Protection Act 1994 [2018] QSC 022 ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REFUSAL OF REQUESTS FOR REASONS – where the applicant environmental organisation seeks a statement of reasons for a decision made under s.295 of the Environmental Protection Act 1994 determining the amount and form of financial assurance to be provided by the holder of a mining lease in respect of the Blair Athol coal mine, as a condition of, and as security for the performance of its obligations under, an environmental authority – whether the applicant is a person whose interests are adversely affected by the decision, such that it is entitled to request a statement of reasons for the decision.
Lock the Gate Alliance Ltd v The Minister for Natural Resources and
Mines [2018] QSC 021
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE
DECISIONS AND CONDUCT – REFUSAL OF REQUESTS FOR REASONS
– where the applicant environmental organisation seeks a
statement of reasons for a decision made under s.318AAV of the
Mineral Resources Act 1989 giving indicative approval for
the transfer of a mining lease relating to the Blair Athol coal
mine – whether the decision to give indicative approval is a
decision to which the Judicial Review Act 1991 applies
– whether the applicant is a person whose interests are
adversely affected by the decision such that it is entitled to
request a statement of reasons for the decision.
Spraybuilt Investments (1) Pty Ltd v Brisbane City Council
[2018] QPEC 003
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.
Legislation
Commonwealth
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
Amends the: Great Barrier Reef Marine Park Act 1975 to:
replace the existing full-time Chairperson of the Great Barrier
Reef Marine Park Authority position with a part-time Chairperson
and full-time Chief Executive Officer; establish an additional
part-time member position; specify the skills required for the
appointment of members; limit the number of consecutive terms able
to be served by an individual member; provide for termination of
members by the Governor-General for underperformance; require that
any other paid work undertaken by a part-time member does not
conflict with the proper performance of their duties as a member of
the authority; and make a minor technical amendment; and
Environment Protection and Biodiversity Conservation Act
1999 to make consequential amendments - House of
Representatives: Introduced and read a first time 08 February
2018.
New South Wales
Regulations and other miscellaneous instruments
Biodiversity Conservation (Savings and Transitional) Amendment
Regulation 2018
(2018-60) — published LW 23 February 2018.
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.
