In the media – National
Power trading between neighbours trialled in new
pilot
A new trial supported by the Australian Renewable Energy Agency
(ARENA) and using blockchain technology could
enable households and business to trade or share power with
one-another. AGL Energy Limited (AGL) is leading
the project to evaluate a virtual trial at Melbourne homes with a
mix of solar panels, batteries to store electricity, and
'smart' air conditioning (26 May 2017).
More...
States need to put energy consumers first
Today the Federal Court handed down a major decision that will
increase electricity prices for New South Wales customers by around
$3 billion. This reaffirms the Turnbull Government's position
of wanting to abolish the Limited Merits Review
(LMR) process to stop network businesses gaming
the system (24 May 2017).
More...
ARENA and AEMO join forces to pilot demand response to
manage extreme peaks this summer
The Australian Renewable Energy Agency (ARENA)
and the Australian Energy Market Operator (AEMO)
today jointly announced plans to pilot a demand response initiative
this summer to manage electricity supply during extreme peaks (19
May 2017).
More...
ARENA partners with new cleantech
marketplace
An innovative new Australian-based online marketplace that connects
renewable energy projects and investors has partnered with ARENA as
it seeks to accelerate the global development and deployment of
clean technology (18 May 2017).
More...
New Guidance on Sustainable Procurement: ISO
20400
Making sustainable choices as a business isn't just about
maintaining corporate social responsibility. These choices can and
should act to boost profits, strengthen business partnerships and
build trust with consumers. The new standard on sustainable
procurement, ISO 20400, that will stand testament to this (26 May
2017).
More...
Grim warning for Great Barrier Reef if Paris Agreement
not kept
The odds of the Great Barrier Reef suffering another catastrophic
mass bleaching event are three times higher if we don't act on
the Paris Agreement and global temperatures rise to 2°C,
according to scientists from the ARC Centre of Excellence for
Climate System Science at the University of Melbourne (18 May
2017).
More...
New partnership aims to drive more efficient,
comfortable buildings
The Green Building Council of Australia (GBCA) the
Passive House Institute (PHI), and the Australian
Passive House Association (APHA) have agreed to
work together to promote ultra-low energy buildings (22 May 2017).
More...
Adaptation partnership building on success of
CoastAdapt
The Turnbull Government welcomes the final release of CoastAdapt,
a popular online tool developed by the National Climate Change
Adaptation Research Facility (NCCARF) to help
local governments and other organisations understand and manage
coastal risks. CoastAdapt is available via https://coastadapt.com.au/
(17 May 2017). More...
In the media – Victoria
City of Melbourne: Statement on horse drawn
vehicles
The City of Melbourne will no longer provide permits for horse
drawn vehicles to park or offer rides on Swanston Street due to
safety risks associated with their operations and the impact of the
construction of the Metro Tunnel and the CBD South station (23 May
2017).
More...
Victoria must lock in location for second
port
The Property Council welcomed reports that Infrastructure Victoria
has advised the Victorian Government that the location for the
future second container port should be in western Victoria
("Bay West"). The Property Council looks
forward to the Government releasing the advice (18 May 2017).
More...
Listening to Locals on Wandong
Interchange
Following extensive consultation with the communities of Wandong
and Heathcote Junction, the Andrews Labor Government confirms that
Stage 2 of the proposed Kilmore Wallan Bypass will not proceed (22
May 2017).
More...
In the media – New South Wales
Potential for homes and jobs in Liverpool
An empty lot in one of Sydney's south-west growth areas now
has the potential for hundreds of homes and retail shops following
approval from the Department of Planning and Environment to change
planning controls at the site (24 May 2017).
More...
Rural living by the sea made possible at
Bonville
Nearly 350 homes near the sea could be built at Bonville, near
Coffs Harbour, following the finalisation of a planning proposal by
the Department of Planning and Environment (22 May 2017).
More...
$50 million in funding for mining towns
Mining communities can apply for a share of funding from the
Resources for Regions program (19 May 2017).
More...
Waterloo nominated as next state significant
precinct
Planning Minister Anthony Roberts said the new Waterloo station
would be the catalyst for the progressive renewal of the Estate (19
May 2017).
More...
Plans to boost housing and jobs in Sydney's North
West
A blueprint for Sydney's North West will deliver 20,000 more
homes than originally envisaged ten years ago (16 May 2017).
More...
In the media – Queensland
Development Approval for Orion Towers will define Gold
Coast Skyline
The 103-storey Orion Tower project in Surfers Paradise has
received conditional development approval from the City Planning
Committee. CRA Group Development Manager Chris Alston said the
approval secured the next stages of planning, and the project is
set to become a major investment in the city post-Commonwealth
Games (25 May 2017).
More...
NQ Stadium kicks another goal
The $250 million North Queensland Stadium will hit another
milestone next week with a development application going to
Townsville City Council (25 May 2017).
More...
Financial assurance for Adani's mine rehabilitation
'at least $1.5bn'
Adani will have to provide financial assurance of more than $1.5
billion for the rehabilitation of the Carmichael mine proposed for
central Queensland, according to a new report prepared by the Lock
the Gate Alliance (24 May 2017).
More...
Solar now Queensland's largest power
station
Queensland has officially become the Solar State with new figures
confirming that combined solar rooftops are now Queensland's
largest power station - surpassing the 1,680 megawatt Gladstone
Power Station (24 May 2017).
More...
New umpire will sort resources disputes
Landholders and resources companies will have an independent
umpire to help resolve disputes over their negotiated agreements
under legislation introduced into State Parliament (23 May 2017).
More...
Conservationists accuse farmers of bulldozing one
million hectares of trees
Conservation groups claim more than one million hectares of trees
have been bulldozed in Queensland in four years, angering farmers
who say they are acting lawfully (22 May 2017).
More...
Better mine rehabilitation for Queensland
The Palaszczuk Government is making sure large mines across the
state are properly rehabilitated, protecting the environment and
creating more jobs in the resource services industry (22 May 2017).
More...
Expressions of interest called for solar
trials
The Palaszczuk Government has called for expressions of interest
from solar PV suppliers to support a trial of rooftop solar on
public housing, bringing cheaper electricity bills a step closer
for government owned housing tenants in Rockhampton and Cairns (22
May 2017).
Expressions of interest called for Rockhampton solar
trial
Expressions of interest called for Cairns solar trial
New Draft Policy moves to weave Indigenous Culture into
Queensland Planning
Indigenous tradition, culture and heritage will become an integral
part of planning in Queensland under a draft policy released by the
Queensland Division of the Planning Institute of Australia
(PIA). Queensland's new Planning Act requires
the consideration of Aboriginal and Torres Strait Islander
people's knowledge, culture and tradition as an integral part
of planning outcomes, (16 May 2017).
More...
Indigenous planning policy an Australian
first
Indigenous tradition, culture and heritage will become an integral
part of planning in Queensland under a draft policy released by the
Queensland Division of the Planning Institute of Australia
(PIA) (16 May 2017).
More...
In practice and courts – Commonwealth
Australian Local Government Association: Review of
climate change policies discussion paper
The Australian Local Government Association
(ALGA) appreciates the opportunity to present this
submission in response to the Review of climate change policies
discussion paper (May 2017).
More...
NELA National Conference: Addressing Past Harm, Managing
Future Risks, Brisbane 4 August 2017
This year's conference brings together a range of experts to
discuss the state of Australia's environment, how various
States are addressing past impacts, and innovative mechanisms being
explored to avoid future harm. Examining mining rehabilitation,
groundwater management, climate risk disclosure, sustainable
business practices and much more. More...
In practice and courts – Victoria
VCAT RED DOT Decision
Ronge v Moreland CC (Red Dot) [2017] VCAT 550 (9 May
2017): Medium density development on redundant industrial
site.
Queen Victoria Markets - Call for Comments
The Australian Heritage Council is assessing the Queen
Victoria Markets for potential inclusion on the National Heritage
List. Comments close 14 July 2017.
More...
In practice and courts – New South Wales
Announcements, Draft Policies and Plans released 2017
Community Consultations
Proposed changes to planning rules for outdoor advertising and
signage to increase road and rail safety (SEPP). Start date
05/05/2017; End date 06/06/2017
Draft Vegetation SEPP Start date 10/05/2017 End date 21/06/2017
In practice and courts – Queensland
Announcements, Draft Policies and Plans released 2017
Bulimba Barracks Master Plan adopted
The Brisbane City Plan has been amended to
incorporate changes to the Bulimba Neighbourhood Plan brought
on by the adoption of the
Bulimba Barracks Master Plan. The Master Plan, developed by
Brisbane City Council through community consultation, provides for
new urban development within the former Defence-owned site. The
amendment took effect on 19 May 2017.
North Queensland Regional Plan
Get involved with the first ever North Queensland Regional Plan
and help the Queensland Government plan our region's future,
with the first round of conversations with the communities in the
Burdekin, Charters Towers, Hinchinbrook, Palm Island and Townsville
from 21 May 2017 to 9 July 2017. More...
Proposed Kidston Solar Farm
The Regulator sought feedback from interested persons with regards
to issuing Genex Solar Pty Ltd (the operator of the proposed
generator) a generation authority for the Genex Kidston Solar Farm.
Further details are available in the
Application for electricity generation authority: Genex (Solar) Pty
Ltd for the Kidston solar farm: information paper. Submissions
closed on 26 May 2017.
Proposed Clare Solar Farm
The Regulator sought feedback from interested persons with regards
to issuing Clare Asset Co Pty Limited (the operator of the proposed
generator) a generation authority for the Clare Solar Farm. Further
details are available in the
Application for electricity generation authority: Clare Asset Co
Pty Ltd information paper. Submissions closed 26 May 2017.
SPP Interactive Mapping System update
The State Planning Policy Interactive Mapping System has been
amended to reflect changes to the Queensland Heritage Place
dataset. Changes to the Heritage Place list, consist of: addition
of two new heritage places; reduction in the heritage place
boundary of the St George's Anglican Church at Beenleigh and
amendments to the lot boundaries of a number of existing heritage
places based on improved mapping technology and aerial photography
(03 May 2017). The State Planning Policy Interactive Mapping System
updates are applicable to the
SPP Plan Making Mapping and
State Assessment and Referral Agency (SARA) Development Assessment
(DA) mapping systems.
EHP Prosecution Bulletin No. 3, May 2017
A gold mining company pleaded guilty to two offences under
sections 361 and 430 of the Environmental Protection Act
1994 (the Act) respectively for contravening
an Environmental Protection Order (EPO) and
contravening a condition of an Environmental Authority
(EA).
More...
City Plan amendment package
Brisbane City Council has released a
varied package of amendments to the Brisbane City Plan for
public consultation. The amendments package includes:
The addition of
147 properties to the City Plan's pre-1911 building
overlay; A
refinement of biodiversity mapping to reflect changes in
vegetation and to align with State Government koala mapping and the
latest reiteration of the
Spring Hill Neighbourhood Plan and a
draft Newstead North neighbourhood plan.
Submissions on the proposals closed 2 June 2017.
Spring Hill Neighbourhood Plan
Brisbane City Council has reopened consultation on its
Spring Hill Neighbourhood Plan, following the State
Government's State Interest review. The Queensland Government
deemed that changes made to the final version of the plan were
significantly different from the previous consultation version and
warranted a
repeat of the public consultation process.
Submissions closed 2 June 2017.
The Mill at Moreton Bay Priority Development Area:
Proposed Development Scheme
Moreton Bay Regional Council (MBRC) gives notice
that the proposed development scheme for The Mill at Moreton Bay
Priority Development Area (PDA). The proposed
development scheme is the draft planning document for the PDA which
sets out the land uses, development criteria and infrastructure
envisaged for the PDA. Submissions closed on 30 May 2017.
More...
Cases – Queensland
Telstra Corporation Limited v Brisbane City
Council [2017] QPEC
032
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.
Gold Coast City Council v Bush [2017]
QPEC 029
PLANNING AND ENVIRONMENT – ENFORCEMENT – whether
construction of structures assessable development – parties
– discretion to make orders.
Wust v Moreton Bay Regional Council
[2017] QPEC 027
ENVIRONMENT AND PLANNING – DEVELOPMENT APPLICATION –
CONDITIONS APPEAL – proposed multiple dwelling development at
Morayfield – disputed conditions concerning orientation of
two of the units comprising the development, and whether provision
of pedestrian connection to second street frontage required –
whether conditions required in order to prevent conflict with the
relevant planning schemes – whether the conditions are
relevant and reasonably required.
Althaus Enterprises Pty Ltd v Ipswich City
Council [2017] QPEC 028
PLANNING AND ENVIRONMENT – APPEAL – appeal against a
refusal for a development permit for a material change of use for
18 townhouses – development application modified to 16
townhouses.
CONFLICT – conflict with planning scheme – whether
proposed development conflicts with Ipswich Planning Scheme
2006 and the residential low density zone – whether
inconsistent with the existing and desired character of the area
– whether the proposed development represents
over-development of the site.
PLANNING NEED – supply of available land for multiple
dwellings.
GROUNDS – whether there are sufficient grounds to justify an
approval of the proposed development despite conflicts.
Bowman v Brisbane City Council [2017] QCA
084
Application under s498 of the Sustainable Planning Act
2009 for leave to appeal an order refusing an application to
vary an enforcement order – rehabilitation plan –
costs.
Cherwell Creek Coal Pty Ltd Re, ex parte Chief Executive,
Department of Natural Resources and Mines
(No. 3) [2017] QLC 22
PROCEDURE – CIVIL PROCEEDINGS IN THE STATE AND TERRITORY
COURTS – COSTS – non-party disclosure – where
Land Court has already made a decision on costs to a certain
extent, but allowed the non-party its costs of production of
documents – where there is dispute between the parties as to
what costs of production are properly claimable.
PROCEDURE – CIVIL PROCEEDINGS IN THE STATE AND TERRITORY
COURTS – COSTS – non-party disclosure –
assessment of quantum of costs of production of documents.
Legislation – Queensland
Bills Updated
Land Access Ombudsman Bill 2017
Introduced on 23/05/2017, Stage reached: Referred to Committee on
23/05/2017.
Local Government Electoral (Transparency and Accountability in
Local Government) and Other Legislation Amendment Bill
2016
Introduced on 1/12/2016, Stage reached: Passed with amendment on
10/05/2017.
Assent Date: 19/05/2017. Act No: 12 of 2017, Commences: see
Act for details.
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.