In the media – National
The Australia Institute honoured to carry Climate
Institute legacy forward
The Climate Institute has selected The Australia Institute to take
on remaining funds and intellectual property from the disbanding
organisation. "The Australia Institute is now in a position to
set up a dedicated Climate and Energy Program (24 June 2017).
More...
$10.9 million boost to improve reef water
quality
The Turnbull Government is investing an additional $10.9 million
into three projects to improve water quality in the Great Barrier
Reef catchment area. More information on the Reef Trust Phase IV
Gully and Stream Bank Erosion Control Program can found on the
Department's
website (18 June 2017).
More...
A further $6 million for 20 Million Trees available for
community projects
The 20 Million Trees Grant Guidelines: Round Three are also now
available and applications close on 15 August 2017. The 20 Million
Trees initiative is an important part of the Turnbull
Government's National Landcare Program. More information is
available here. (19 June
2017).
More...
Biomass could be one solution to Australia's energy
problems: CEFC
As Australia hunts for solutions to its energy problems, the Clean
Energy Finance Corporation (CEFC) want to put
biomass back on the agenda (22 June 2017).
More...
Liveable communities need functional community
infrastructure
The Australian Local Government Association
(ALGA), the peak body representing more than 530
councils across the country, has renewed its call for a
Commonwealth-funded program to bring community infrastructure back
up to scratch and promote economic development opportunities (20
June 2017). More...
Local Governments Shown The Road To Sustainable
Communities
Local governments around Australia have been given a new roadmap to
help deliver healthy, resilient and positive communities. The Green
Building Council of Australia (GBCA) revised their
sustainability guide The Green Star – Communities Guide for
Local Government, which was designed to help councils tackle local
challenges, deliver and communicate better outcomes and multiply
the value of their investments (20 June 2017).
More...
NSW and QLD container deposit schemes should both start
in 2018, says waste industry
A group of Australia's largest waste management companies are
calling for the NSW container deposit scheme (CDS)
to be delayed seven months so it can start on the same day as the
Queensland CDS on 1 July 2018. The issues included: awarding
tenders; negotiations between local councils and industry about the
ownership of deposit containers; achieving clarity around payment
for containers and a final decision on which containers are
eligible for refunds (20 June 2017).
More...
Independent Review of the Water Trigger Legislation -
final report
The Independent Review of the Water Trigger Legislation and Post
Implementation Review were tabled in Parliament today (19 June
2017).
More...
Legislation to phase out HFCs to lower emissions passes
Parliament
The Turnbull Government has today successfully passed legislation
to phase-down hydrofluorocarbons (HFCs), which
comprise up to two per cent of Australia's greenhouse gas
emissions. The phase-down of HFC imports under the Ozone
Protection and Synthetic Greenhouse Gas Management Amendment Bill
2017 will begin in 2018 and reach an 85 per cent reduction by
2036 (19 June 2017).
More...
Linc Energy clean-up cost blows out to $38
million
The bill to clean up a huge swath of land allegedly contaminated by
Linc Energy has climbed to more than $38 million. The State
Government has also set aside another $21 million for future work
as prosecutors prepare to launch their case against the company
next month (16 June 2017).
More...
Government delivers for native title
stakeholders
The Senate has today passed the Native Title Amendment Bill
(Indigenous Land Use Agreement) Bill, restoring certainty to
the native title system (14 June 2017).
More...
In the media – Victoria
John Wardle Architects receives approval for benevolent
office tower
When VCAT granted approval to Northumberland earlier this week,
they ruled against the City of Yarra council's prior
requirement that John Wardle Architects reduce the height of the
proposed office component from 13 to 10 storeys. In support of
their decision, VCAT cited other buildings of similar size in the
area (23 June 2017).
More...
Gurner" Wins Supreme Court Appeal, Offering Renewed
Hope For The Survival Of The Spanish Club
GURNER has won its appeal in the Supreme Court to overturn a recent
decision by VCAT that denied its proposed redevelopment of Johnston
Street's The Spanish Club, Hogar Español, a permit, due
to the developer being "denied procedural fairness",
according to the judge (20 June 2017).
More...
In the media – New South Wales
Mine subsidence districts updated after 20
years
Mine subsidence districts across NSW have been reviewed to better
reflect the current mine subsidence landscape after an
all-encompassing review by the NSW Government. A number of
districts have reduced in size with significant areas being revoked
where there are no mine subsidence risks. New areas have been added
where mining is planned or development has progressed over old mine
workings. Expanding these districts ensures homes are better
protected from potential subsidence damage (23 June 2017).
More...
Resources Regulator announces prosecution proceedings
against two Wollongong coal companies
The NSW Department of Planning and Environment's Resources
Regulator has announced the commencement of prosecution proceedings
against two coal companies in Wollongong (23 June 2017).
More...
EPA update on work to manage odours at WestConnex St
Peters
The NSW Environment Protection Authority (EPA) is
continuing to take action to manage odours emitted from the
WestConnex St Peters Interchange site, recently issuing a Clean Up
notice to the contractors and monitoring the installation of a new
treatment plant (23 June 2017). More...
New harbour metro crossing underway
Construction of new twin metro rail tunnels deep under Sydney
Harbour and the heart of the CBD will soon be underway after a
major tunnelling contract was signed by the NSW Government (22 June
2017).
More...
$1.8 billion to protect NSW's environment and
heritage
This year's budget investment will go towards, protecting
threatened species, preserving the state's national park
estate, helping households reduce energy use while driving down
energy bills and protecting the state's Aboriginal history (20
June 2017).
More...
NSW Budgets boosts koala conservation
work
Koala conservation projects across the state will receive another
$800,000 boost as part of the NSW Government's upcoming budget.
Some of the projects to be funded under the 2017-18 Budget will aim
to address key threats to koalas in the Port Stephens, Campbelltown
and the Mid-Coast areas (19 June 2017).
More...
Faster and cheaper approvals for home
owners
Changes to the Housing Code will make it easier, cheaper and faster
for home owners in NSW to get approval for a new home or renovation
(19 June 2017).
More...
Planning approval declared invalid for $210-million
Walsh Bay Redevelopment
A proposed $210-million redevelopment for the Sydney suburb of
Walsh Bay has suffered a serious setback, with its planning
approval being declared invalid by the NSW Court of Appeal. The
project has been the subject of a two-year legal battle, begun when
local restaurant owner Brigid Kennedy challenged the
government-funded project on the basis that it had not been
approved lawfully (16 June 2017).
More...
NSW Budget: $1 billion delivers safe and secure regional
water
The Upper Hunter is among the communities that could soon benefit
from the NSW Government's historic $1 billion to fund local
water infrastructure through the Safe & Secure Water Program.
The NSW Government also confirmed $1.5 million for the Scone to
Murrurundi Pipeline as part of the Regional Waste Water and Backlog
water program (15 June 2017).
More...
Healthy future for the heart of NSW
A diverse economy, healthy environment, vibrant communities and
quality infrastructure underpin the strong future that lies ahead
for the heart of NSW. Minister for Planning and Housing, Anthony
Roberts, today launched the Central West and Orana Regional
Plan - a blueprint that will guide planning and land use
decisions for the 19 local government areas in the region over the
next two decades (14 June 2017).
More...
Data report prompts rethink on asset
management
The new report, Data Analytics in the Property Sector released by
Property NSW, highlights a number of case studies on how the
property industry is using data to better understand customers,
tenants and users in order to deliver improved planning, design,
building and maintenance solutions (14 June 2017).
More...
Corridor protection crucial for new roads
The announcement by the NSW Government today that additional
funding has been set aside for planning the F6, M12 and M9 Outer
Sydney Orbital as a part of a $1 billion commitment to roads in the
2017/18 budget is good news for Western Sydney according to the
Property Council of Australia (13 June 2017).
More...
In the media – Queensland
Construction begins on Australia's tallest timber
tower
Construction has begun on Impact Investment Group's 25 King
development, set to become Australia's tallest cross-laminated
timber building and one of the tallest in the world. The 10-storey,
45-metre building at Brisbane's Showgrounds, designed by Bates
Smart, will provide 15,000 square metres of net lettable area,
including three ground level retail tenancies (22 June 2017).
More...
Food waste to energy source at Carole Park
company
Innovation resulting from a partnership between an Ipswich water
treatment company and a Carole Park food producer will be given a
helping hand to upscale with a $400,000 Queensland Government grant
(22 June 2017).
More...
From cane tops and trash to biofuel
Southern Oil's Gladstone facility is already creating
opportunities further afield with the announcement that the
Palaszczuk Government will provide $125,000 in Advance Queensland
funding to Burdekin Renewable Fuels (22 June 2017).
More...
Queensland bio grant could lead to year-round sugar mill
production
Queensland's emerging biofutures industry has been given a
boost following the announcement that North Queensland-based MP
Australia Holdings has received $250,000 in State Government
Funding to demonstrate bioethanol production from agave at the
pilot scale (22 June 2017).
More...
Cape Upstart oil spill charges welcomed
Ports Minister Mark Bailey says legal proceedings against two
parties allegedly responsible for the Cape Upstart oil spill nearly
two years ago sends a strong message to the shipping industry when
navigating Queensland's waters and the Great Barrier Reef (22
June 2017).
More...
Company faces massive fine over 15-tonne Great Barrier
Reef oil spill
A shipping company is charged and faces a fine of up to $17 million
for allegedly spilling about 15 tonnes of oil but experts say it
could prove difficult to enforce a fine even if the prosecution is
successful (22 June 2017).
More...
Biorefinery planned for regional
Queensland
A drive to attract biorefinery investors to Queensland is paying
off, with the Queensland Government announcing plans today for a
biorefinery by US Biotechnology company, Amyris (21 June 2017).
More...
Land clearing rates in Queensland on par with Brazil:
study
Land clearing in Queensland is the highest it has been in the last
10 years, researchers say, with the issue set to be a major
battleground in the state election (19 June 2017).
More...
$1.4M from Budget to hold polluters responsible for
firefighting foam pollution
The Palaszczuk Government will hold polluters responsible for
investigating and managing contamination caused by toxic
firefighting foam (16 June 2017).
More...
Concerns raised with latest draft Spring Hill
Neighbourhood Plan
A key issue UDIA flagged for further consideration by council is
their proposed tower site cover limit of 40 percent. The setting of
this maximum tower site cover for sites over 1,800 sqm does not
clearly articulate a design objective or consider land use
economics (15 June 2017).
More...
Approval to start work on Cross River
Rail
The Board of the Cross River Rail Delivery Authority has approved
the demolition of the GoPrint site at Woolloongabba to make way for
Queensland's number one infrastructure priority Cross River
Rail (14 June 2017).
More...
Queensland budget: What you need to know
Queensland Treasurer Curtis Pitt delivers a big-spending budget
that focuses on jobs and infrastructure. Key features of the budget
under Jobs and unemployment; Infrastructure; Housing; Electricity;
Law and order, Pensioners and seniors; Schools; Tax, car
registration; Health; Environment, Great Barrier Reef are outlined
here (14 June 2017).
More...
Tonnes of sediment flushed onto Great Barrier
Reef
The 2016 purchase of the former cattle property by EHP drew much
criticism from the farming industry when it was discovered flawed
sediment runoff data was the basis for its acquisition by the
government (13 June 2017).
More...
PCA: Encouraging budget dampened by a further slug on
foreign investors
The Queensland State Budget released today contained several
positive initiatives for the property industry, which includes
money to undertake a strategic assessment of environmental values
in South East Queensland, and allocated to monitor the
implementation of the South East Queensland Regional Plan
(SEQRP) (13 June 2017).
More...
In practice and courts – Commonwealth
Inquiry into the Australian Government's role in the
development of cities
The inquiry will investigate potential for the Commonwealth
Government to provide leadership and coordinate longer-term
national city planning and will be split into two sub-inquiries:
Sustainability transitions in existing cities and Growing new and
transitioning regional cities and towns. Submissions are open until
31 July 2017. For more information about how to make a submission,
contact the Committee
secretariat. Further information on the inquiry, including the
full
terms of reference, is available on the
Committee website.
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...
Changes to Commercial Building Disclosure and Best Practice Leasing Standard From 1 July 2017, the mandatory disclosure threshold on commercial office buildings will be lowered from 2,000 square metres to 1,000 square metres. More information on the CBD Program can be found here, and information on how building owners can improve the energy efficiency of their building in preparation for a Building Energy Efficiency Certificate can be found here.
In practice and courts – Victoria
Announcements, Draft Policies and Plans released 2017
Action 67 of the Plan Melbourne Implementation
Plan
The Planning for Golf in Victoria discussion paper is the first
step towards developing this state-wide plan. The discussion paper
contains a range of ideas to support golf into the future based on
five key challenges – participation, membership, supply and
demand, land use, and governance. Feedback on the discussion paper
until 14 August 2017. More...
In practice and courts – New South Wales
Announcements, Draft Policies and Plans released 2017
Changes to ePlanning tools and services
With the release of the Simplified Housing Code, and the expansion
of planning services coming soon to the NSW Planning Portal, the
Electronic Housing Code will be decommissioned. On 23 June 2017,
applicants will no longer be able to investigate assessment options
or prepare, submit or lodge applications via the EHC (21 June
2017).
More...
New BASIX energy targets
On 1 July, new Building Sustainability Index
(BASIX) energy targets will come into effect, as
part of the government's initiative to reduce energy use and
greenhouse gas emissions. For more detailed information, view the
frequently asked questions. To find out more about BASIX or
apply for a BASIX certificate, visit the BASIX
website.
Community Consultations on Exhibition
Policies
Proposed changes to planning rules for outdoor advertising and
signage to increase road and rail safety – SEPP;
Open 05/05/2017 Close 30/06/2017.
In practice and courts – Queensland
Announcements, Draft Policies and Plans released 2017
The New Planning Act 2016: A Four Part Session Series
SPA to Planning Act 2016 - An Overview
From the 3 July 2017, Queensland will operate under new planning
legislation, with the new Planning Act 2016
(Planning Act) replacing the current
Sustainable Planning Act 2009 (SPA). To
assist navigate the new Planning Act, QELA is hosting a series of
sessions that address key changes in legislation and some of the
implications for practice. More...
Better Mine Rehabilitation for Queensland
The Queensland Government is proposing a new policy for mine
rehabilitation outlined in a discussion paper,
Better Mine Rehabilitation for Queensland The proposed
rehabilitation policy is a key component of an integrated mined
land management framework, which also includes six delivery
elements read the
Better Mine Rehabilitation for Queensland discussion paper.
Infrastructure, Planning and Natural Resources
Committee
Land Access Ombudsman Bill 2017
The committee is required to report by 7 August 2017.
Gasfields Commission and Other Legislation Amendment Bill
2017
The committee is required to report by Friday 14 July 2017.
Cases – Victoria
Steller Estates Pty Ltd v Mornington Peninsula SC [2017] VCAT
865
Application pursuant to section 81(2) of the Planning and
Environment Act 1987 (Vic) – Review of decision of
responsible authority under section 54A to refuse to extend time
within which information must be given under section 54; Request
made for more time to seek approval of Cultural Heritage
Management Plan pursuant to the Aboriginal Heritage Act
2006 (Vic).
Grocon (Northumberland St) Developer Pty Ltd v Yarra CC [2017]
VCAT 753
Section 79 Planning and Environment Act 1987; Yarra
Planning Scheme; Commercial 2 Zone; Design and Development Overlay;
Multi-storey development; Built form; Height; Amenity; Car parking;
Traffic.
RSSB Australia Pty Ltd v Ross [2017] VSC
314
PLANNING & ENVIRONMENT — Application for leave to appeal
and appeal from the Victorian Civil and Administrative Tribunal
under Victorian Civil and Administrative Tribunal Act 1998
s 148 — Permit application — Whether the proposed
development was a 'place of worship' under the Frankston
Planning Scheme — Leave to appeal granted – Appeal
allowed.
Gurner 57 Johnston Street Developments Pty Ltd v Yarra City
Council [2017] VSC 290
PLANNING & ENVIRONMENT – Application for leave to appeal
and appeal from the Victorian Civil and Administrative Tribunal
– Whether Tribunal's decision not to conduct a further
hearing and hear evidence from permit applicant's expert
witness constituted a denial of procedural fairness – Appeal
allowed – Tribunal's Order set aside and proceeding
remitted to the Tribunal differently constituted –
Victorian Civil and Administrative Tribunal Act 1998, ss
98, 102, 148.
Cases – New South Wales
Vantage 229 Pty Limited v North Sydney Council
[2017] NSWLEC 1316
MODIFICATION: modification of development consent to increase
number of apartments and change in mix within the approved building
envelope and increase number of car spaces conciliation conference;
agreement between the parties; orders.
Council of the City of Ryde v Sally Haddad executor of
the estate of the late Jim Haddad [2017] NSWLEC
70
APPEAL – s 56A appeal in relation to Commissioner's
decision – existing use rights – business premises
prohibited in the zone – whether existing use was for a
"medical centre" or "business premises" –
conversion – key principles for determination of s 56A
appeals – characterisation of use of land –
jurisdictional fact – no error on question of law in
Commissioner's decision – appeal dismissed
–costs.
Qasabian Family Investments Pty Ltd v Roads and
Maritime Services; Fishing Station Pty Ltd v Roads and Maritime
Services [2017] NSWLEC 73
Qasabian Family Investments Pty Ltd - 2016/151503: COMPULSORY
ACQUISITION – valuers reported a range within which the value
of the acquired interest could fall – agreement between
valuers on an identified outcome within a range – is Caruso
presumption in favour of dispossessed owner engaged – whether
highest point in range should be adopted despite agreement by
valuers – no basis to disturb agreement between valuers.
COMPULSORY ACQUISITION – claim for stamp duty for future
acquisition of replacement investment property – passive
investment – claim rejected.
Fishing Station Pty Ltd - 2016/158775: COMPULSORY ACQUISITION
– claim for compensation for acquisition of interest in land
– the interest in the land was an uneconomic sublease at
below market rent – term of lease (including options to
renew) until 2041 – restriction in sublease limiting use of
premises – whether land valuation should be replaced by
business valuation to reflect impact of restriction –
business valuation appropriate to be used – compensation
determined on business valuation basis. COMPULSORY ACQUISITION
– claim for future costs of relocation of business –
whether business is to relocate in the future or has the business
actually relocated – business has actually relocated –
claim for future costs rejected. COMPULSORY ACQUISITION –
costs for actual relocation – basis for costs set out and
basis for compensation determined. COMPULSORY ACQUISITION –
claim for reimbursement of rent paid to acquiring authority during
holding over period – relevant statutory provisions –
comity with other decision-makers on this point – claim
allowed.
Bureau SRH Pty Ltd v Waverley Council [2017]
NSWLEC 1305
DEVELOPMENT APPLICATION: alterations and additions to modify
approved, but not yet constructed, development; non-compliance with
the floor space ratio and height of buildings development
standards; whether the proposal is consistent with the desired
future character of the locality.
Bay Simmer Investments Pty Ltd v State of New South
Wales [2017] NSWCA 135
ENVIRONMENT AND PLANNING – Environmental Planning and
Assessment Act 1979 (NSW) – whether proposal the subject of
development application a "staged development
application" under s 83B – whether s 79C applied to
application – whether consent authority required to consider
"construction-related impacts" of development –
whether development consent valid.
North Sydney Council v North Sydney Leagues Club
Ltd [2017] NSWLEC 69
APPEAL – appeal on question of law against
Commissioner's decision– refurbishment of registered club
premises; hours of operation and patron numbers – use of
outdoor area (part of former bowling green) for dining –
three grounds of appeal – incorrect interpretation of
provisions of the applicable Local Environment Plan (Ground 1);
manifestly unreasonable decision (Ground 2); and denial of
procedural fairness (Ground 3). APPEAL – Ground 1 – cl
2.5 of the applicable Local Environment Plan provides special
regime for site – whether Commissioner's interpretation
of clause correct to exclude applicability of other clauses of the
Local Environment Plan – Commissioner's reasoning
incorrect – nonetheless, a "fair reading" of the
Commissioner's decision discloses that he considered and dealt
with the relevant matters, notwithstanding his conclusion that the
clause was not applicable – Ground 1 fails. APPEAL –
Ground 3 considered prior to Ground 2 – no necessity to
consider Ground 2 given Appellant's success on Ground 3. APPEAL
– Ground 3 – reasonable expectation that Commissioner
would make general findings and permit parties to be heard on
conditions appropriate to reflect findings – imposition of
condition of development consent without affording Appellant
opportunity to be heard on its terms – denial of procedural
fairness under the circumstances – Ground 3 made out –
appeal upheld APPEAL– parties reached agreed position on what
amended condition of development consent should be imposed if
Ground 1 failed but Ground 2 and/or 3 succeeded – powers of
the Court on appeal – s 56A(2)(b) permits making "such
other order in relation to the appeal" as might be dispositive
of appeal without remitter to the Commissioner – in light of
the parties' agreement to a replacement condition of consent,
appropriate to order amendment of conditions of development consent
granted by Commissioner in lieu of remitter – consolidated,
amended conditions of development consent also ordered.
Cases – Queensland
Highgate Developments Pty Ltd v Sunshine Coast Regional
Council [2017] QPEC 037
ENVIRONMENT AND PLANNING – APPLICATION – s 369(1)(d)
Sustainable Planning Act 2009 (SPA)
– Where the applicant seeks an order be made, in the context
of the agreement or consent of the respondent, to allow permissible
changes to the development approval, granted by order of this Court
on 24 June 2016 – Whether the proposed changes are
permissible changes within the meaning of s 367 of the SPA.
Parklands Blue Metal Pty Ltd v Sunshine Coast Regional Council
& Ors [2017] QPEC 035
CONDITIONS OF APPROVAL: where a number of conditions relating to an
approval for a hard rock quarry at Yandina remain in dispute,
whether proposed conditions are relevant and reasonable; whether
appellant bound by its position at the merits appeal that the haul
route be fully upgraded prior to the commencement of the use;
standard of haul route design, particularly that part which is a
flood plain and is irregularly inundated, whether Council should be
responsible for maintenance of haul route once upgraded, whether
there should be some offset against the cost of the upgrade to be
borne by the appellant as a result of forward planning by Council
for its unsealed road system; whether conditions proposed for
aviation safety are relevant and reasonable, whether aeronautical
study proposed at merits appeal is still required, whether proposed
condition deferring contribution by way of levy to DTMR in respect
to the use of that part of the haul route that includes
State-Controlled roads is reasonable.
Wust v Moreton Bay Regional Council (No 2) [2017] QPEC
036
ENVIRONMENT AND PLANNING – DEVELOPMENT APPLICATION –
CONDITIONS APPEAL – COSTS.
Legislation - Commonwealth
Ozone Protection and Synthetic Greenhouse Gas
Management Legislation Amendment Bill 2017
Senate Introduced and read a first time 14 June 2017; Second
reading moved 14 June 2017. The Bill implements Australia's
commitment to phase-down import, export and production of
hydrofluorocarbons from 1 January 2018, in advance of the global
phase-down implemented under the Montreal Protocol, as amended by
the Kigali Amendment; amend provisions in relation to the
hydrochlorofluorocarbon (HCFC) phase-out and
prohibit the use of new HCFCs from 1 January 2020 other than for
permitted uses.
Environment and Infrastructure Legislation Amendment
(Stop Adani) Bill 2017
Introduced and read a first time 13 June 2017; Second reading moved
13 June 2017; Second reading debate 15 June 2017 – The Bill
proposes to make sure that the Australian Government cannot hand
out $1 billion to Adani for their coal railway via the Northern
Australia Infrastructure Facility (NAIF) by
creating a broad "suitable person" test under the
Northern Australia Infrastructure Facility Act 2016.
Native Title Amendment (Indigenous Land Use Agreements)
Bill 2017
House agreed to Senate amendments 14 June 2017; Finally passed both
Houses 14 June 2017. The Bill Amends the Native Title Act
1993 to respond to the Federal Court's decision in
McGlade v Native Title Registrar [2017] FCAFC 10 by:
confirming the legal status and enforceability of agreements which
have been registered by the Native Title Registrar on the Register
of Indigenous Land Use Agreements without the signature of all
members of a registered native title claimant
(RNTC).
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.