In the media – National
Grattan Institute urges caution on renewable
targets
A leading think-tank has lashed out at plans by the Victorian
government to introduce an auction scheme for renewable energy,
which could at the very least serve to complicate moves by the
federal government to rein in carbon emissions (04 September 2016).
More...
Linc Energy ordered to hand over insurance documents to
farmer
Liquidators of the failed Linc Energy project are ordered to hand
over insurance documents to a farmer who is part of a $150 million
class action against the company (31 August 2016).
More...
Dozens of airports across Australia being monitored for
toxic foam contamination
Investigations continue into the impact of toxic firefighting
chemicals at 36 airports across the country, Airservices Australia
says (24 August 2016).
More...
NABERS for apartments finally sees light of
day
The COAG Energy Council has agreed to fund development of a NABERS
tool for residential apartments, meaning Australia's
fastest-growing property sector is finally on track to start
slashing carbon emissions and reducing energy bills (24 August
2016).
More...
World first to combine big solar and
storage
A world-leading project in far north Queensland is set to combine
big battery storage and big solar to supply solar power after
sundown and during peak usage times. ARENA is providing $17.4
million funding support for Conergy to build and operate a 10.8 MW
(AC) solar photovoltaic (PV) plant with 1.4 MW / 5.3 MWh of
lithium-ion battery storage (23 August 2016).
More...
ARENA: Doubts in funding leads to clean energy company
suspending projects
Doubts in continued funding to the Australian Renewable Energy
Agency (ARENA) has led to clean energy company Geodynamics placing
two projects into suspension in New South Wales and Western
Australia (02 September 2016).
More...
Renewable energy industry calls on Australian Parliament
to protect ARENA grants funding
Innovation will be stifled right across the clean energy sector if
the Australian Parliament supports legislation to remove future
grant funding available from the Australian Renewable Energy Agency
(ARENA), according to a briefing paper released today by the Clean
Energy Council (30 August 2016).
More...
From little things big things grow: seeding investment
in clean energy
The Turnbull Government's Clean Energy Finance Corporation
(CEFC) has announced a $10 million cornerstone investment in
Australia's first dedicated Clean Energy Seed Fund—its
first initiative under the $1 billion Clean Energy Innovation Fund
(02 September 2016).
More...
Ratification of the Paris Agreement on Climate Change
and the Doha Amendment to the Kyoto Protocol
The Turnbull Government has tabled the Paris Agreement on climate
change and the Doha Amendment to the Kyoto Protocol for
Parliamentary and public scrutiny. Australia is seeking to ratify
the Agreement by the end of this year (31 August 2016).
More...
Ministerial Forum on Vehicle Emissions Resumes
Work
The Ministerial Forum on Vehicle Emissions has met to progress the
Turnbull Government's commitment to reduce Australia's
vehicle emissions. Some 80 submissions have been received and will
inform the development of draft regulatory impact statements on
emissions, fuel efficiency measures and fuel quality standards (29
August 2016).
More...
Stockland leads the charge in sustainable
communities
Stockland has more Green Star-rated communities than any other
developer in Australia, after the Green Building Council of
Australia (GBCA) certified six new communities in Sydney,
Melbourne, Brisbane and Perth (31 August 2016).
More...
In the media – Victoria
Victorian Government bans onshore unconventional gas
mining
The Climate Council has today congratulated the Victorian
Government for becoming the first state in Australia to put a
blanket ban on onshore unconventional gas mining (30 August 2016).
More...
Sky rail gets strong backing from voters
Voters have strongly backed the Andrews government's sky rail
project as part of its policy to remove dozens of level crossings.
A new ReachTEL poll commissioned by The Age found 60 per cent of
Victorians "support the use of sky rail to remove level
crossings" (05 September 2016).
More...
Plans for new suburb in Melbourne's inner north
unveiled
A draft plan for a new suburb to be developed in Melbourne's
inner north over the next three decades is released by the
Victorian Government (31 August 2016).
More...
Water corporation ordered to pay almost $100k over
Bendigo sewage spill
Coliban Region Water Corporation has been ordered to pay a $75,000
donation, plus court costs, over a 2013 sewage spill of up to one
million litres into Long Gully Creek in North Bendigo, impacting
surrounding land occasionally used by children, dogs and dog owners
(25 August 2016).
More...
Keeping Victoria at the cutting edge of the New Energy
Economy
Energy technology company GreenSync is one of the first successful
recipients of the Andrews Labor Government's $20 million New
Energy Jobs Fund grants (23 August 2016).
More...
In the media – New South Wales
EPA fines EarthPower Technologies Sydney Pty Ltd
$23,000
The NSW Environment Protection Authority (EPA) has fined EarthPower
Technologies Sydney Pty Ltd (EarthPower) $15,000 for unlawful
transportation of waste, and $8,000 for providing false information
about the disposal of waste, at its food and grease trap waste
processing facility in Camellia (31 August 2016). More...
EPA fines Hardy's Excavations $15,000 for sand
extraction without a licence
The NSW Environment Protection Authority (EPA) has issued a $15,000
penalty notice to Hardy's Excavations Pty Limited for
extracting sand from Eaton's Quarry at Bagotville near Ballina
without holding an environment protection licence (30 August 2016).
More...
Environmental Consulting Services Pty Ltd fined for
providing false waste report
The NSW Environment Protection Authority (EPA) has issued two fines
of $8000 each to Environmental Consulting Services Pty Ltd (ECS)
after the consultant provided a report with two false statements
about waste characterised as excavated natural material (29 August
2016). More...
Rezoning Review to improve planning
system
A more independent and faster planning review process that stops
rezoning applications being endlessly revived will be introduced by
the NSW Government. The new Rezoning Review will replace the
existing pre-Gateway review, enabling applicants to seek an
independent review of council decisions on proposed rezonings (29
August 2016).
More...
$37,500 in fines for unlawful waste facility at Badgerys
Creek
An illegal waste facility at Badgerys Creek and its director have
been fined a total $37,500 by the NSW Environment Protection
Authority (EPA), following an extensive investigation (26 August
2016). More...
NSW Forestry Industry Roadmap
The NSW Government has released a plan to build a stronger, more
competitive and ecologically sustainable forestry industry (25
August 2016). More...
$200 million NSW wind farm helps Australia's capital
meet Renewable Energy
The ACT Government has announced it will award a 20 year feed-in
tariff contract to the NSW Crookwell 2 Wind Farm to be built near
Goulburn (23 August 2016).
More...
In the media – Queensland
Gross negligence' behind overflow of Palmer's
tailings dam, court hears
Clive Palmer's nickel refinery is accused of "gross
negligence" over the overflow of its tailings dam during a
trial in north Queensland (29 August 2016).
More...
Moreton Bay targeted as Queensland's next priority
development area
The former Petrie paper mill site and its surrounds will be
transformed into a world-class innovation and knowledge precinct
supporting more than 6,000 jobs, after the Palaszczuk Government
today declared it Queensland's next Priority Development Area
(PDA) (02 September 2016).
More...
Palaszczuk Government's biofuels mandate on
track
A new guideline which gives small fuel businesses – mostly in
regional Queensland – an exemption under the Palaszczuk
Government's biofuels mandate has been tabled in Parliament (01
September 2016).
More...
Straddie begins transition to future
A $28-plus million economic strategy kicks off tomorrow to guide
North Stradbroke Island through the transition to an eco-tourism
hub (01 September 2016).
More...
Queensland Government approves mine on conservation
land
An in-stream mine on a Cape York property is one step closer after
the Queensland Environment Department issued a draft authority for
the project, despite the same department buying the land for
conservation earlier this year (01 September 2016).
More...
Gold Coast canegrowers offer up 6,000ha site for city
development
About 40 cane farmers on the northern outskirts of the Gold Coast
pitch to sell their farms as a block to a major planner and
property developer (31 August 2016).
More...
Pump crews work to keep toxic mine spill out of
Murray-Darling Basin
Heavy rainfall this week threatened to trigger a toxic spill of the
storage ponds at the Texas silver mine in southern Queensland,
prompting government officials to take emergency action (25 August
2016).
More...
Qld Govt team packs in behind MSF Sugar expansion
plans
A team of Government officials is working with MSF Sugar to
progress its multi-million expansion plans, particularly its clean,
green biofutures focus (24 August 2016).
More...
First North Queensland Regional Plan to supercharge
development
The first regional plan for North Queensland will become a reality
after all five councils agreed to start work on the blueprint that
will supercharge future development across the region. The North
Queensland Regional Plan will establish a vision and direction for
the region (24 August 2016).
More...
Some Oakey land valuations decreased after public
backlash
The Queensland Government decreases land valuations on almost 30
properties near a contaminated aviation base on the Darling Downs
after a public backlash (23 August 2016).
More...
In practice and courts – Victoria
Planning Permit Activity Report now
available
The Planning Permit Activity Report for
July 2016 is now available (25 August 2016).
Have your say on better draft design
standards
Submissions on the Better Apartment Draft Design Standards close 19
September 2016.
More...
Publications
Towards a climate policy toolkit: special review on
Australia's climate goals and policies
Climate Change Authority: 31 August 2016: This report
draws on analysis including commissioned economy-wide and
electricity sector modelling to compare the performance of a range
of possible electricity sector emissions reduction policies.
Implications of the 1.5°C limit in the Paris Agreement
for climate policy and decarbonisation
Climate Analytics: Bill Hare, Niklas Roming, Michiel Schaeffer,
Carl-Friedrich Schleussner: This report, commissioned by the
Climate Institute in Australia, examines the impacts on Australia
of limiting global temperature rise to 1.5°C and 2°C, and
to provide estimates of the global carbon budgets associated with
achieving these temperature limits (23 August 2016).
Department of Environment and Energy: The August 2016
issue of the Commonwealth environmental water latest facts is now
available (26 August 2016).
In practice and courts – New South Wales
Container Deposit Scheme draft Bill for
comment
The NSW Government has released the draft Bill to implement a
Container Deposit Scheme in NSW for public consultation. The
consultation period concludes on 21 September. More...
NSW Government announces new review process for
re-zonings
The DP&E commenced a review of the Pre-Gateway Process in 2015.
The Minister for Planning announced the new process would commence
on 1 September. Most of the changes are intended to simplify the
process and make the review process less complicated. The powers of
delegation around plan-making have also been made clearer.
More...
EPA: New spills and leaks guide for underground fuel
tanks
The EPA has published an environmental incident prevention and
management guide to help service station owners and operators check
for leaks and clean up fuel spills (02 September 2016). More...
Sydney District Plans Feedback
The Greater Sydney Commission is seeking feedback on its engagement
strategy for the development of the six Sydney district plans
(August 2016).
More...
In practice and courts – Queensland
DERM Prosecution Bulletin - August 2016
A selection of the department's enforcement actions are
summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions for environmental offences.
More...
Cases – Commonwealth
Australian Conservation Foundation Incorporated v Minister for
the Environment [2016] FCA 1042
ADMINISTRATIVE LAW - judicial review challenge to Minister's
decision to approve coal mine project – failure to apply ss
82 and 527E of the Environmental Protection and Biodiversity
Conservation Act 1999 (Cth) (the EPBC Act) in assessing impact
of combustion emissions – failure to apply the precautionary
principle as required by ss 136(2)(a) and 391 of the EPBC Act
– failure to comply with s 137 of the EPBC Act regarding
inconsistency with the World Heritage Convention – judicial
review application dismissed.
ENVIRONMENTAL LAW – construction and application of ss 82,
133, 136, 137, 391 and 527E of the EPBC Act in assessing effects of
climate change on the Great Barrier Reef.
Cases – Queensland
James
Russell Architects v Brisbane City Council & Anor [2016]
QPEC 043
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
DEVELOPMENT CONTROL – APPLICATIONS – OBJECTIONS
¬– where the Appellant made a development application for
a material change of use and preliminary approval for building work
(extension to heritage place) – where the development
application was refused by the Respondent Council – where the
development application was assessed against City Plan 2000 –
where City Plan 2014 came into effect three days after lodgement of
the development application – where the Court must determine
what weight to be given to each of City Plan 2000 and City Plan
2014 – where the development application seeks approval for
construction of a 'pod' structure – where the
'pod' structure sits atop an access core constructed from
within the heritage place – whether the development
application unacceptably impacts the cultural heritage value of the
heritage place – whether the development application is
consistent with the relevant planning scheme – whether
sufficient grounds exist to warrant approval of the development
application despite conflict with a relevant planning scheme.
Kanesamoorthy
& Anor v Brisbane City Council [2016] QPEC
042
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
DEVELOPMENT CONTROL – APPLICATIONS – OBJECTIONS –
where the Appellant made a development application for preliminary
approval to carry out building work (demolition of pre-1946 house
in the Traditional Building Character Overlay) – where the
development application was refused by the Respondent Council
– where the subject Dwelling has been altered – where
the subject dwelling is accepted to represent traditional building
character – where the development application is to be
assessed against the Traditional Building Character (Demolition)
Overlay Code under City Plan 2014 – whether Performance
Outcome PO5(c) is satisfied – whether Acceptable AO5(c) is
satisfied– whether Acceptable Outcome AO5(d) is
satisfied.
Donovan
v Brisbane City Council [2016] QPEC 041
ENVIRONMENT AND PLANNING – APPLICATION – JOINDER OF
PARTIES – where an application for joinder has been brought
by an adjoining landowner – where approval has been sought
for permissible change to a development approval – where the
change will result in an increase in the building location envelope
– where the change will result in a corresponding reduction
of the area subject to a covenant for the preservation of native
animals and plants – whether there is scope for the
application of the Uniform Civil Procedure Rules 1999
(Qld) – whether the adjoining landowners are directly
affected for the purposes of rule 8 of the Planning and
Environment Court Rules 2010 (Qld).
Gold
Coast City Council v Lear & Anor [2016] QDC
215
APPEAL – where respondents failed to comply with an
Enforcement Notice – where the Magistrate dismissed the
complaint on the basis that there was no case to answer - where
appellant seeks an appeal against the order of the Magistrate
– whether there was jurisdiction to challenge the Enforcement
Notice before the Magistrate.
Bond
v Chief Executive Department of Environment and Heritage
Protection [2016] QPEC 040
APPLICATION – Administrative Law – decision –
natural justice – procedural fairness – review of
decision to issue an Environmental Protection Order – whether
the Environmental Protection Order was unlawful.
Legislation – New South Wales
Consultation or Exposure Bills – 26 August
2016
Waste Avoidance and Resource Recovery Amendment (Container
Deposit Scheme) Bill 2016
Acts Assented to
No. 46: Local Government Amendment Act
2016
Assent: 31/08/2016 SG (No. 275) 31/8/2016 p. 1 Commencement: Ss 1-4
on 31/08/2016: s. 2.
See
Local Government Amendment (Governance and Planning) Bill
2016
Legislation – Queensland
Subordinate legislation as made
No 144: Proclamation commencing remaining provisions - Tobacco and Other Smoking Products (Smoke-free Places) Amendment Act 2016 - fixes date of 1 September 2016 for the commencement of the Amendment Act.
No 145: Tobacco and Other Smoking Products Amendment Regulation (No. 1) 2016 - Tobacco and Other Smoking Products Act 1998 - prescribe 1 William Street as a smoke-free government precinct and prescribe parts of national parks where smoking bans apply.
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.