In the media – National
Draft legislation could significantly boost affordable
housing supply
With submissions closing today on draft Commonwealth legislation
that will introduce an affordable housing Managed Investment Trust
(MIT) structure, the scale community housing
sector providers welcomed the new mechanism which is poised to
provide significant additional funds for more affordable housing
(28 September 2017). More...
Infrastructure plans boost Sydney in city
ranking
Sydney has been buoyed in a ranking of the top global cities by the
substantial investment in infrastructure, a JLL report found. The
city's quality of life, transparency, global reputation and
high levels of direct real estate investment also boosted its score
(28 September 2017).
More...
ASBEC Release Policy Platform on Affordable
Housing
Housing is integral to health, wellbeing and economic outcomes for
all Australians, and the Australian Sustainable Built Environment
Council (ASBEC) has released a new policy
platform, Improved Housing Outcomes to address Australia's
housing crisis (26 September 2017).
More...
Meeting our Paris commitment
The first major report from The Australia Institute's Climate
& Energy Program by Director of Research at The Australia
Institute, Rod Campbell, shows the most efficient path to meeting
Australia's international commitment would see the electricity
sector reducing emissions by between 40%-55% below 2005 levels in
2030 (24 September 2017). More...
More potential pumped hydro storage sites
identified
Over 18,000 sites across New South Wales, Victoria, Western
Australia and the Northern Territory have been identified as
possible locations for pumped hydro energy storage (21 September
2017).
More...
Small-scale renewables heating up: The top ten
Australian towns giving back to the grid
Last month, Australia hit a milestone of 6,000 megawatt capacity
across 2.8 million small-scale installations of renewable energy
systems such as solar PV systems, solar water heaters and air
source heat pumps (18 September 2017).
More... (Media)
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(RET) More...
In the media – Victoria
Plans submitted for Southern Hemisphere's Largest
Wind Farm
A German-based wind farm manufacturing company has submitted a $1.7
billion proposal to Victoria's Golden Plains Shire for the
southern hemisphere's biggest sustainability project. Through
their Australian arm, WestWind Energy, the international WestWind
Group have proposed to develop the Golden Plains Wind Farm (29
September 2017).
More...
Environment Victoria leads renewed push for rental
housing standards
Legislating minimum energy standards for rental housing would cut
bills, save lives, create jobs and help reach climate targets,
according to a new report from Environment Victoria (28 September
2017).
More...
Supporting waste to energy projects
A Ballarat community energy group has received $71,000 from the
Andrews Labor Government to determine whether waste wood and
sawdust can be used to make briquettes for commercial and
industrial use, under the Ballarat Renewable Energy and Zero
Emissions (BREAZE) project (21 September 2017).
More...
Full Environmental Assessment For Mordialloc
Bypass
The Minister for Planning Richard Wynne has confirmed that an
Environmental Effects Statement (EES) will be
required for the $300 million project. The EES will investigate
potential environmental, social, economic and cultural impacts of
the proposed nine-kilometre arterial road, which will connect the
Mornington Peninsula Freeway to the Dingley Bypass (21 September
2017).
More...
In the media – New South Wales
Green light for Cessnock to proceed with town centre
improvement plans
The future is bright for the Hunter Valley town of Cessnock with
the Department of Planning and Environment this week approving a
strong new vision for its commercial centre (29 September 2017).
More...
Solar power putting NSW back in the renewable
game
NSW is now using hydro, solar, wind and bioenergy to make up almost
20 per cent of its electricity mix for the first time, and even
more renewable output is expected in the future with a boom in
solar farm projects (28 September 2017).
More...
A North Coast sawmill operator has been fined $15,000 by the NSW Environment Protection Authority (EPA) for ongoing poor sediment controls impacting a nearby Creek (27 September 2017). More...
EPA fines operators for trying to pass off asbestos
waste as clean fill
The NSW Environment Protection Authority (EPA) has
issued $29,000 in fines after waste, including asbestos waste, was
deposited at a private property in Mowbray Park (27 September
2017). More...
Developer ordered to rebuild heritage facade it
illicitly knocked down
A Singapore-based developer who demolished much of the historic
facade of a Potts Point building in Sydney to construct an
apartment block without council approval is ordered to reinstate
the wall (27 September 2017).
More...
Wallarah proposal referred for independent
consideration
The Wallarah 2 Coal Project has been referred to the independent
Planning Assessment Commission for determination. The proposal,
submitted by the Wyong Areas Coal Joint Venture, is to develop and
operate an underground coal mine near Wyong on the NSW Central
Coast (26 September 2017).
More...
Sustainable cities? Australia's building and
planning rules stand in the way of getting there
Australia's building and land-use policy settings fall well
short of what's needed to make meaningful progress toward
creating sustainable cities. But
our newly released review of building and land-use planning
policies around Australia has found New South Wales is the only
state without serious gaps in legislation and enforcement (21
September 2017).
More...
Linx Logistics Pty Ltd fined $15,000 after Urea
Spill
The NSW Environment Protection Authority (EPA) has
issued a $15,000 fine to Linx Logistics Pty Ltd after a urea spill
at one of the company's facilities at Kooragang (19 September
2017). More...
The Environment Protection Authority (EPA) has fined Stoneco Pty Ltd $15,000 for illegally extracting quarry material in the Upper Hunter. EPA investigating officers allege that 166,994 tonnes of material was extracted from the Robertson's Knob Quarry near Scone over a four-year period (19 September 2017). More...
Have your say on Rhodes East
Give feedback on the draft Priority Precinct Plan for Rhodes East
to make it a vibrant place to live and work (18 September 2017).
More...
In the media – Queensland
Why off-grid energy was a "no-brainer" for
Logan City Council's water treatment plant
Logan City Council, south of Brisbane, has installed solar PV and
Tesla Powerpack technology to create an off-grid water treatment
solution at its Round Mountain Reservoir, in what is believed to be
an Australian first (28 September 2017).
More...
EHP investigates chemical spill,
Gladstone
Officers from the Department of Environment and Heritage Protection
(EHP) are investigating a reported sodium
hydroxide spill into the Gladstone Harbour overnight. The incident
has the potential to impact the local marine ecology and damage
vessels that come into contact with the chemical (25 September
2017).
More...
More...
How Queen's Wharf will help shape Brisbane's
public realm: Urbis
Urbis are leading the master planning and development approval
strategy for the Queen's Wharf development. The development is
uniquely "Brisbane" and will have a great influence on
the city's public realm, ensuring the growing metropolis can
take its place on the world stage (22 September 2017).
More...
Protecting Queensland's environment - have your
say!
Queenslanders can now have their say about environmental issues
that are of the greatest concern and interest to them. Department
of Environment and Heritage Protection (EHP) Executive Director
Anne Lenz said today the department launched its Protecting
Queensland's environment—have your say survey (19
September 2017).
More...
In Practice and Courts
Commonwealth
ASBEC: Building Sector Nails Solutions for Affordable,
Sustainable Housing Outcomes
The Australian Sustainable Built Environment Council
(ASBEC) has released a new policy platform to
address Australia's housing crisis (26 September 2017).
More...
More...
Draft ERF method: Measurement of soil carbon
sequestration in agricultural systems
Draft Emissions Reduction Fund method for Measurement of soil
carbon sequestration in agricultural systems released for public
consultation. Consultation period closed 2 October 2017.
More...
Draft Reef 2050 Water Quality Improvement Plan 2017-2022
consultation
The consultation period for the Draft Reef 2050 Water Quality
Improvement Plan 2017-2022 is open from the 28 August – 10
October 2017.
More...
CER: Sixth Emissions Reduction Fund auction to be held
in December
The Clean Energy Regulator will hold a
sixth Emissions Reduction Fund auction on 6 and 7 December
2017. This auction announcement comes after the release of the
plantation forestry method, providing opportunity for new
sectoral engagement in the Emissions Reduction Fund.
NSW
Announcements, Draft Policies and Plans released 2017
NSW Land and Environment Court
25 September 2017: Tree dispute principle
In Fang v Li & anor
[2017] NSWLEC 1503, Acting Commissioner Galwey set out a tree
dispute principle (at [58]) designed to provide guidance to parties
where applications made pursuant to Part 2 of the Trees
(Disputes Between Neighbours) Act 2006 include claims for
rectification of, or compensation for, structural damage to
property caused by roots of a tree located on adjoining land (being
land to which s 4(1) of the Trees Act applies and where the tree is
one to which s 4(3) and (4) of the Trees Act applies).
Draft NSW Waste and Resource Recovery Infrastructure
Strategy 2017-2021
The EPA would like to know what you think about the draft NSW Waste
and Resource Recovery Infrastructure Strategy 2017-2021. The
EPA's NSW Environment Protection Authority's
(EPA) Waste and Resource Recovery
(WARR) Strategy 2014–21 sets targets
for the diversion of waste from landfill, increasing from 63% in
2014/15 to 75% by 2021. Submissions close on 20 November 2017.
More...
Draft NSW Invasive Species Plan
The Department of Primary Industries is seeking public comment on
the Draft NSW Invasive Species Plan 2017-2021. The plan aims to
help prevent new pest incursions and reduce existing pest threats.
It will help guide investment and resources to invasive species
prevention and management programs, with the aim of building
NSW's ability and commitment to manage invasive species
activities on the ground. Submissions are invited until Friday 13
October 2017.
More...
Guidelines for the Economic Assessment of Mining and
Coal Seam Gas Proposals
The Department of Planning and Environment is seeking feedback on
the content of nine technical notes supporting the Guidelines for
the Economic Assessment of Mining and Coal Seam Gas Proposals. The
technical notes cover a range of environmental, heritage, social
and transport related issues to be considered when developing State
Significant Development (SSD) mining and coal seam
gas proposals. Submissions are invited until 23 October 2017.
More...
Renewable Energy (Electricity) Regulations
2001
The Department of Environment and Energy is seeking feedback on a
possible new method for calculating exemptions based on the
electricity used by emissions-intensive trade-exposed
(EITE) activities.
More...
NSW Planning Circular: Building Fire Safety Regulation
new and changed requirements
The purpose of this circular is to inform certifiers, councils,
industry practitioners, and affected buildings owner of new and
changed fire safety regulation requirements that will soon apply in
NSW. This circular outlines the changes to the Environmental
Planning and Assessment Regulation 2000 (the EP&A
Regulation). The changes relate to complex buildings and
do not affect houses or related out buildings like garages and
carports. The Amending Regulation will come into effect on 1
October 2017.
More...
Have your say on the WestConnex M4 M5
Link
Environmental Impact Statement (EIS) for the
WestConnex M4-M5 Link is now on exhibition, and the NSW Department
of Planning and Environment welcomes community feedback. The EIS
will be available to view from 18 August and submissions are open
until 16 October 2017. To make a submission and view the EIS visit
the
WestConnex M4 M5 Major Projects page or go to the
major projects website.
More...
Queensland
Proposed Moreton Bay planning scheme
amendments
Moreton Bay Regional Council is seeking public comment on a
proposed package of amendments to its planning scheme. The suite of
proposed changes is aimed at responding to implementation issues
identified since the planning scheme came into effect on 1 February
2016, and includes three new planning scheme policies plus major
amendments to 11 existing planning scheme policies.
here
Consultation: Have your say on the Queen's Wharf
Brisbane development
The Queen's Wharf Brisbane Priority Development Area was
declared on 28 November 2014, to facilitate the planning and
delivery of the Queen's Wharf Brisbane Integrated Resort
Development and to establish the necessary policy framework to
support the intended development for the site. Public consultation
closes on 19 October 2017. The PoD development application and
associated documents are available by searching DEV2017/846 here.
Cases
VIC
Hawkins v Mornington Peninsula SC [2017] VCAT
1577
Sections 82 & 89 of the Planning & Environment Act 1987;
Mornington Peninsula Planning Scheme; Design & Development
Overlay; Outbuilding; Characterisation of use or development;
Whether permit application properly characterised for VicSmart
planning assessment; Registered restrictive covenant; Expression
'facing the street'; Permit cancellation application
refused; Whether there is utility in determining review application
on its merits. No permit.
Yarra City Council v Metropolitan Fire and Emergency Services Board
(No 2) [2017] VSCA 255
COSTS – Multiple issues raised on appeal – Partial
success on appeal – Whether successful party entitled to
issues-based costs order – Marriner v Australian Super
Developments Pty Ltd [2016] VSCA 141, discussed. On 26 July
2017, this Court granted Yarra City Council
(Yarra) leave to appeal from a decision of the
trial judge that Yarra was liable to the Metropolitan Fire and
Emergency Services Board (the MFESB) for the costs
it incurred with respect to compliance with clean up notices issued
by the Environment Protection Authority (the EPA).
This Court also allowed the appeal on a limited number of grounds
but rejected many grounds, including a ground challenging
liability.
Paske
Group Pty Ltd v Casey CC [2017] VCAT
1518
Casey Planning Scheme; Incremental Change Area; General
Residiential Zone; 7 two-storey dwellings; court bowl location;
neighbourhood character; front setback; sunlight to secluded
private open space.
NSW
Australian Consulting Architects Pty Ltd v Liverpool City
Council [2017] NSWLEC 129
PRACTICE AND PROCEDURE – appeal against deemed refusal of
development consent – whether proceedings incompetent –
whether proceedings commenced out of time – whether request
for further information stopped the clock – whether alleged
amendments to development application reset the clock –
whether development application ineffective due to lack of
owner's consent and specification of non-entity as applicant.
PRACTICE AND PROCEDURE – whether name of applicant on Class 1
Application should be amended – whether name of applicant on
development application should be amended.
Jomasa Pty Limited v City of Ryde Council [2017] NSWLEC
1530
EXPEDITION – whether expedition warranted – whether
special factor exists – financial loss an inherent risk of
development appeals.
Rosa Maiolo v Inner West Council [2017] NSWLEC
1525
MODIFICATION APPLICATION – extended trading hours; further
trial period; amenity impacts on neighbours in mixed use
development; noise; acoustic assessment, plan of management;
resident objections; public interest.
Wollongong City Council v Hollis [2017] NSWLEC
123
CONTEMPT – two charges laid by Council for alleged breaches
of court orders made by consent in Class 4 proceedings – not
guilty pleas entered to each charge CONTEMPT – Charge 1
– failure to remove building materials and other materials
from the site within the period required by the court orders
– some materials removed from site – other materials
moved and restacked but remaining on site – Respondent guilty
of contempt with respect to Charge 1 CONTEMPT – Charge 2
– failure, within the period required by court orders, to
remove fittings from a shed that converted the shed into a
dwelling– modification application to existing development
consent approved by the Applicant – some of the fittings now
not required to be removed but others still required to be removed
– proposed orders to stay existing court orders with respect
to fittings now approved to be retained – proposed staying
orders require redrafting – Respondent to be found guilty of
contempt with respect to Charge 2 after staying orders made to
exclude now permitted fittings from the removal orders.
DIRECTIONS – directions to be made for a sentencing hearing
on Charges 1 and 2 – directions to be annexed to
decision.
James Bale v Inner West Council [2017] NSWLEC
1515
DEVELOPMENT APPEAL: against the refusal of alterations and
additions to an existing dwelling – impacts on the
significance of the heritage conservation area – amenity
impacts on adjoining properties – compatibility of
development with current and desired future character –
impacts not sufficient to warrant refusal of application.
DEVELOPMENT APPEAL: boarding house development – whether compatible with the character of the locality – proposed heritage conservation area – acceptability of the fourth storey – weight given to draft local environmental plan – desired future character – likely impacts of the development unacceptable.
Opera Properties v Northern Beaches Council & anor
[2017] NSWLEC 1507
DEVELOPMENT APPEAL: Subdivision – power of the Court to vary
easement to accommodate access for additional residential lots
resulting from the development – owners consent –
appropriateness and safety of vehicular and pedestrian access
– bushfire management - location of asset protection zones
not wholly within the development – appropriateness of
alternative bushfire risk assessment by short run fire modelling
– land slope – residential lots within outer creek line
corridor – vehicular access to development not suitable
– development fails precondition.
Queensland
Chief Executive, Department of Environment and Heritage Protection
v Alphadale Pty Ltd [2017]
QCA 216
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS
EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND
– APPEAL OR REVIEW – where the respondent was required
to pay $4,345,852 by way of financial assurance as a condition of
an environmental authority – where that original decision was
confirmed by the applicant after an internal review – where
the respondent appealed to the Land Court and applied for a stay of
the review decision pending the appeal – where the power to
grant a stay conferred by s 522(2) of the Environmental
Protection Act 1994 (Qld) (the Act) is
constrained by a requirement under s 522A(2) to provide security
for at least 75 per cent of the amount of financial assurance
– where the respondent contended s 522(2) of the Act is
limited only to stays pending the determination of an internal
review and not thereafter – where the respondent further
contended that the stay should therefore be granted under s 7A of
the Land Court Act 2000 (Qld) (the LC
Act) – where the member of the Land Court rejected
this argument and refused the stay on the basis that the respondent
had not complied with s 522A(2) – where the respondent
appealed to the Land Appeal Court – where the Land Appeal
Court accepted the respondent's submissions and found the Land
Court's power to stay a review decision is conferred by s 7A of
the LC Act which is not constrained by a provision analogous to s
522A(2) of the Act – where the Land Appeal Court therefore
allowed the appeal and ordered a stay of the review decision
pending the substantive appeal – whether s 522 of the Act
confers a power to grant a stay of the original decision for both
the duration of a review and an appeal against a review decision
– whether the power to grant an application for a stay made
after a review decision is governed by s 522 or s 7A of the LC Act
– whether s 522 is the sole source of power for the Land
Court to stay an original decision in respect of a Schedule 2 part
1 matter under the Act – whether, consequently, the power for
the Land Court to stay an original decision is constrained by the
condition in s 522A(2) of the Act – whether the Land Appeal
Court erred in ordering a stay of the review decision in reliance
upon s 7A of the LC Act.
Gerhardt v Queensland Building and Construction Commission
[2017]
QCAT 303
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS –
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL - ENVIRONMENT AND
PLANNING – ENVIRONMENTAL PLANNING – CERTIFICATION
– review of decision that certifier had engaged in
unsatisfactory conduct – where there was a failure to submit
an alternative solution to the Queensland Fire and Emergency
Service – where complaint lodged – where certifier says
not his responsibility – whether unsatisfactory conduct.
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.