In the media – National
Federal Government and Labor strike deal on future of
Murray-Darling Basin Plan
The Murray-Darling Basin Plan will remain intact with the Federal
Government striking a deal with Labor to return less water to the
environment in the southern basin (08 May 2018).
More...
Enough capacity under construction or already built to
meet the Renewable Energy Target
The Clean Energy Regulator has released information to the market
that shows there is now enough new renewable energy project
capacity under construction or already built to meet the 2020
Renewable Energy Target (11 May 2018).
More...
Government statement: Expert Health Panel's
Independent PFAS Advice
An independent expert health panel established by the Australian
Government has concluded there is mostly limited, or in some cases
no evidence, that human exposure to PFAS is linked with human
disease (07 May 2018).
More...
'Limited or no evidence': PFAS report finds no
strong link to human health
Anxious towns around Australia contaminated with PFAS chemicals are
told there is limited or no evidence to link exposure with human
disease, but health effects cannot be ruled out (07 May 2018).
More...
Amendments to the EPBC Act list of threatened
species
The Assistant Minister has approved the inclusion of 41 species,
transfer of 6 species, removal of 3 species on the list of
threatened species under the EPBC Act (11 May 2018).
More...
In the media – Victoria
Fine for Shepparton company
Auto-retailer Overport Corporation has been fined $7,929 by
Environment Protection Authority Victoria (EPA)
for allowing industrial waste to be dumped at its Bridgestone
Service Centre site on Dookie Road Shepparton (15 May 2018).
More...
EPA Infringement Notice Repayments
Through a regular internal review, EPA has identified an error in
an old litter infringement dispute process that may have adversely
affected a small number of people (11 May 2018).
More...
In the media – New South Wales
New design guide puts heritage in front of
mind
The Heritage Council of NSW has released a draft design guide
intended to make it easier to manage heritage design works (18 May
2018).
More...
$30 million infrastructure boost for east
Sydney
The City of Sydney is investing $30 million on major projects to
improve the public domain and public spaces across the city's
east over the next 10 years (17 May 2018).
More...
New mine subsidence development guidelines rolled
out
Subsidence Advisory NSW (SA NSW) has announced
changes to the approval process for development applications in
mine subsidence districts. Councils and Accredited Certifiers can
now approve low risk development applications without requiring
referral to SA NSW (15 May 2018).
More...
EPA: Streamlined approach to sustainable
forestry
Streamlined legislation for native forestry that delivers increased
regulatory certainty and greater enforceability has been introduced
into Parliament (15 May 2018).
More...
PFAS precautionary advice still in place
The precautionary advice currently in place in communities across
NSW impacted by PFAS will remain in place following the release of
the Federal Government's report into health effects from PFAS
(10 May 2018).
More...
Residents 'devastated' as mine in PFAS
contamination zone gets green light
Residents in the Hunter region say they are gutted by the approval
of a controversial sand mine in a PFAS contamination zone (09 May
2018).
More...
In the media – Queensland
Linc Energy fined $4.5m for pollution amounting to
'ecological vandalism'
The failed Queensland energy company Linc Energy has been slapped
with one of the state's largest environmental fines and ordered
to pay $4.5m for contaminating farmland in the state's western
downs. The prosecution seen as key test of Queensland's ability
to hold mining companies to account (11 May 2018).
More...
Statement from the Minister for Environment: Linc
Energy
The Palaszczuk Government welcomes the $4.5 million in fines and
convictions recorded against Linc Energy Limited, which is the
highest penalty ever imposed under Queensland law for environmental
offending (11 May 2018).
More...
Resident wins appeal against Sunland's Brisbane
Skyscrapers
Sunland's controversial "Grace on Coronation"
development in Brisbane's inner west has hit yet another
roadblock, with a neighbouring resident winning an appeal against
the approval of the three-tower development (10 May 2018).
More...
Developer lodges plans for 'Ultra High-End'
Tower in Broadbeach
Brisbane real estate director John Kubatov has lodged plans with
Gold Coast City Council for what would be the tallest residential
building in Broadbeach (10 May 2018).
More...
Queensland beef families lead the way on farm succession
rebates
Queensland beef producers and their family members have led the way
in taking up rebates for farm succession planning advice (09 May
2018).
More...
In Practice and Courts
Commonwealth
Invitation for written submissions: Exploring ways to
improve farmer's interaction with theEnvironment Protection
and Biodiversity Conservation Act 1999
Dr Craik invites written submissions from farmers and any
interested stakeholders, comments are invited from 7 May until 15
June 2018.
More...
Budget 2018-19
Budget information for the Clean Energy Regulator is available
within the
Department of the Environment and Energy portfolio budget
statement (09 May 2018).
More...
More...
Victoria
Safeguarding the future of the Yarra River:
Consultation
Community input is being sought to help shape the future
development for the Cultural River Precinct – a corridor of
the Yarra River between Bulleen Park and Banyule. The feedback will
inform the development of a draft Cultural River Precinct Structure
Plan, which will be released for further public consultation (10
May 2018).
https://engage.vic.gov.au/cultural-river-precinct-structure-plan
Power station review- have your say
The EPA is now inviting submissions from the community to its
review of the Latrobe Valley brown coal-fired power station
EPA-issued licences. You can make your submission to EPA's
review online, by going to the
Review of Latrobe Valley brown coal power station
licences on the
Engage Vic website.
More...
New South Wales
More housing options for NSW: Low Rise Medium Density
Housing Code
The
new Code will allow one and two storey dual occupancies, manor
houses and terraces to be built under fast-track
complying development approval across NSW and also promotes
good design for medium density housing. Low-rise medium density
housing as complying development is only allowed where medium
density development is already permitted under a council's
local environmental plan. The Medium Density Housing Code will
commence on 6 July 2018.
Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be included in
the State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008. In essence; it is a simplifying of
the development process and aligning the requirements for
development across greenfield areas; the planning rules and the
code are also presented in plain English to clearly explain
planning rules.
More...
Note: There will be a three-year transitional period, where applicants can choose whether to use the Greenfield Code, or the new simplified Housing Code or Transitional Code (until 13 July 2019).
Queensland
Land Valuations Online
The new land valuation data for 2018 can be accessed online here.
Hard copies of the valuation list can be viewed at
Department of Natural Resources, Mines and Energy business centres
and local government offices during normal business hours until
close of business on 5 June 2018.
Queensland Consultations
Developer donations bill reintroduced to
parliament
The Queensland Government has re-introduced legislation to ban
donations from property developers to state and local government
candidates. After previous legislation lapsed with the dissolution
of the last parliament, the Government has reintroduced its Bill as
the
Local Government Electoral (Implementing Stage 1 of Belcarra)
and Other Legislation Amendment Bill 2018. Reforms
contained within the Bill are expected to be applied
retrospectively from 12 October 2017, when the first Bill was
introduced.
DNRME Current Consultations
Draft Queensland Solar Farm Guidelines
The Queensland Government recognises that the outstanding climatic
conditions of the State make it an ideal hub for solar generation,
which will go a long way towards helping the State achieve its 50%
renewable target in the next 12 years. The draft guidelines can be
accessed
here. More information about dates and locations of community
forums, and where to send your written submissions can be found
here.
Cases
Victoria
LCM Calvary Health Care Holdings Ltd v Glen Eira CC (Red
Dot) [2018] VCAT 655
NATURE OF CASE - Application to redevelop the Bethlehem Hospital
including in-patient facility (sub-acute) public services and base
for outreach services, 83 bed residential aged care facility, 69
independent living units/retirement village units, medical suites
and associated uses.
LOCATION OF PASSAGE OF INTEREST - Appendix A for question of law;
[227] – [237] regarding weighting of policies.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LAW –
issue of interpretation or application. Characterisation of the
independent living units/retirement village units.
LEGISLATION – interpretation or application of statutory
provision - Application of the transitional provisions in the
Neighbourhood Residential Zone.
POLICY – interpretation or application of policy- Weight
given to local policy acknowledging the role of the subject land as
a hospital and encouraging the co-location of facilities such as
residential aged care and retirement village with the purpose of
the Zone and character considerations.
Sargentson
v Campaspe SC (Red Dot) [2018] VCAT 710
NATURE OF CASE - Construction of two double storey attached
dwellings and an associated re-subdivision of two existing lots
into two newly configured lots.
LOCATION OF PASSAGE OF INTEREST - Paragraphs [6]-[85].
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE.
PLANNING SCHEME – interpretation or consideration of VPP
provision. Consideration of the requirements of clause 32.08-4 of
the General Residential Zone of the Campaspe Planning Scheme, as
well as the meaning of the term Garden area defined in clause 72 of
the Scheme.
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or statutory
provisions is required or desirable. In the process of applying the
provision to the proposal at hand, consideration was given to
whether further clarity could be provided as to the intention of
the provision.
New South Wales
Prilis v Inner West Council [2018] NSWLEC
1227
APPEAL – modification application – role of the Court
in considering a modification application – modification
sought change from shared facilities to self-contained boarding
rooms – whether substantially the same – whether the
change creates additional parking demand – whether a
condition limiting occupancy numbers can be modified –
relevance of change to contributions plan.
Kamenev v Woollahra Municipal Council (No 2)
[2018] NSWLEC 1228
DEVELOPMENT APPLICATION: construction of a new dwelling; impacts on
harbour views from neighbouring properties and the public domain;
whether a current development consent for the site is a relevant
matter for consideration.
Redman v McSwiney and Maclure [2018] NSWLEC
1230
TREES (DISPUTES BETWEEN NEIGHBOURS) – whether the tree has
caused damage – whether further damage is likely – tree
removal would be disproportionate.
Knight v Simmons [2018] NSWLEC
1231
TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property
including sewer pipes – terracotta sewer pipes – root
identification – one of two trees has been removed –
whether the remaining tree has caused damage – compensation
sought for past pruning costs – compensation sought for sewer
repair – reasonable attempt to reach agreement required at
s.10(1) – notice of the application required at s.8 –
self-represented litigant – could the respondents have
prevented the damage.
Inner West Council v Prilis[2018] NSWLEC
72
ENVIRONMENTAL OFFENCES: Use of land without consent – plea of
guilty – sentencing principles – environmental harm
– aggravating and mitigating factors – agreement to pay
costs, but amount not settled – fine proposed.
Mondino v Djordjevic [2018] NSWSC
673
PRACTICE AND PROCEDURE – application for stay of execution
refused on the grounds of delay – restitution possible if
plaintiff's appeal to this Court successful – Ms
Djordjevic alleged that Mr Mondino, her neighbour, had negligently
conducted an illegal burn of dry, green waste on 26 December 2012
which had damaged her own property. The claim was defended by Mr
Mondino. Following a contested hearing in the Local Court, judgment
was entered on 18 October 2016 in favour of the plaintiff in the
sum of $54,881.60.
Ardill Payne and Partners v Byron Shire Council
[2018] NSWLEC 1220
APPEAL: application for onsite sewage management facility for
future residential dwelling; quarry rehabilitation; ecologically
sustainable development; land use conflict; protection of
environment; equity; contamination.
Blacktown City Council v Saker (No 2) [2018]
NSWLEC 71
CIVIL ENFORCEMENT - action to restrain unlawful depositing of fill
material and earthworks, and to require their removal and
remediation of site - such development prohibited or permissible
only with development consent which had not been obtained –
orders under the then s.121B of the Environmental Planning and
Assessment Act 1979 to cease development – failure to
comply with orders – matter heard ex parte – respondent
an undischarged bankrupt – declaratory and injunctive relief
sought – relief granted – indemnity costs ordered
Strathfield Municipal Council v C & C Investment
Trading Pty Ltd (No 3) [2018] NSWLEC 69
CIVIL ENFORCEMENT: Development departed in key respects from
court-granted consent – boarding house development –
heritage conservation area and heritage item affected –
modification application rejected – no attempt to moderate
environmental impacts – occupation certificate also
challenged – some rooms leased before certificate issued
– residents joined as respondents – Class 1 proceedings
pending.
Joseph v Sutherland Shire Council [2018] NSWLEC
1193
DEVELOPMENT APPEAL: residential flat building – affordable
rental housing – compatibility with existing and desired
future character - variation to height standard - consistency with
amalgamation plan for Caringbah Medical precinct – whether
the amenity of the development is acceptable – whether the
proposed development affects future development of adjoining sites
– precedent.
Ubaldi v Council of the City of Sydney [2018]
NSWLEC 1216
DEVELOPMENT APPLICATION: change of use from ground floor commercial
tenancy to a residential dwelling and minor alterations and
additions; whether the apartment has an acceptable level of
internal amenity; impact on the public domain.
Queensland
Phipps v The Chief Executive Department of Local Government,
Infrastructure and Planning; Phipps v Somerset Regional
Council [2018] QPEC 25
PLANNING AND ENVIRONMENT – COSTS – Where appellant
persisted in appeal without expert evidence and in the face of
adverse reports from experts engaged by other parties –
whether frivolous or vexatious - judgment dismissing the appeals
insofar as they sought an approval for an expansion of the
appellants intensive poultry farm from an existing.
250,000 bird operation to a 700,000 bird farm, sought an approval
in part to allow their existing farm to be operated in accordance
with the mode of operation sought in their development application.
After taking further advice from the experts, the other parties did
not oppose that approval in part.
Thomco (No. 2087) Pty Ltd v Noosa Shire Council [2018]
QPEC 024
PLANNING AND ENVIRONMENT – APPLICATION IN PENDING PROCEEDING
– STRIKE OUT APPLICATION – whether summary disposition
is appropriate – where the respondent submits the dispute is
not amenable to summary disposition.
Wagner Investments Pty Ltd v Toowoomba Regional Council
[2018] QPEC 023
PLANNING AND ENVIRONMENT – APPLICATION IN PENDING PROCEEDING
– EXPERT EVIDENCE – whether the issues the subject of
the application should be heard and determined as a preliminary
point – the proper utilisation of expert evidence.
Legislation
Commonwealth
Bills
Water Amendment Bill 2018
Introduced HR 10/05/2018 - The Water Amendment Bill 2018 (the
Bill) will amend the Water Act 2007 (the
Water Act) to enable the Commonwealth Water
Minister (the Minister) to direct the
Murray-Darling Basin Authority (the Authority) to
prepare an amendment to the Basin Plan 2012 (the
Basin Plan) that is the same in effect as a Basin
Plan amendment that has previously been disallowed, or taken to
have been disallowed, by either House of Parliament.
Regulations
Amendment of List of Exempt Native Specimens –
Australia's High Seas Permits, May 2018
16/05/2018 – This instrument amends the List of Exempt
Native Specimens Instrument 2001 to include specimens taken in
the Commonwealth-managed High Seas Permits Fishery. The specimens
are included in the list until 9 October 2026. More...
Amendment to the lists of threatened species, threatened
ecological communities and key threatening processes under sections
178, 181 and 183 of the Environment Protection and Biodiversity
Conservation Act 1999 (Cth) (205)
10/05/2018 - This instrument amends the list of threatened species
under section 178 of the Environment Protection and
Biodiversity Conservation Act 1999 by including 41 species in
the list, transferring 6 species to a different category, and
deleting three species from the list. More...
Victoria
Statutory Rules made
No 38: Building Regulations
2018
Commencement: 02/06/2018: reg. 3 Not yet in operation: Regs 1-286:
on 02/06/2018: reg. 3 Sunset Date: 27/03/2028.
No 54: Heritage Amendment Regulations
2018
Date of Making: 15/05/2018 Commencement: 01/06/2018: reg. 3 Not yet
in operation: Regs 1-4: on 01/06/2018: reg. 3 Sunset Date:
15/05/2028.
Victorian legislation can be accessed here www.legislation.vic.gov.au
Queensland
Bills
Local Government (Councillor Complaints) and Other Legislation
Amendment Bill 2018
Stage reached: Consideration in detail on 16/05/2018.
Local Government Electoral (Implementing Stage 1 of Belcarra)
and Other Legislation Amendment Bill 2018
Stage reached: Consideration in detail on 16/05/2018.
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.
