Whats_News_Construction__Infrastructure_8_July_2009.pdfNSW: Commencement of certain provisions of the
EP&A Amendment Act 2008 and EP&A Amendment (Plan Making)
Regulation 2009 - PS 09-015
The provisions of the Environmental Planning and Assessment Amendment
Act 2008 and Environmental Planning and Assessment Amendment (Plan
Making) Regulation 2009 that commence on 1 July 2009 are outlined. The
Environmental Planning and Assessment Act 1979 details the functions of
the Commission which includes the determination of project applications,
when those matters are delegated to it by the Minister for Planning.
The Minister has issued an instrument of delegation to the Commission
for the determination of a specific class of project applications. More...
Legislation
Commonwealth
Regulations
Renewable Energy
(Electricity) Amendments Regulations 2009 (No. 1)
Replaces references to the National Electricity Market Management
Company with references to the Australian Energy Market Operator (AEMO)
as a result of the establishment of AEMO. Date registered: 25/06/2009. More...
Building and Construction Industry
Improvement Amendment Regulations 2009 (No. 1)
These Regulations amend the Building and Construction Industry
Improvement Regulations 2005 to ensure that the Australian Building and
Construction Commissioner, which has powers to enforce workplace laws in
the building and construction industry, is notified of court
applications made with respect to building matters under the Fair Work
Act 2009 and Fair Work (Transitional Provisions & Consequential
Amendments) Act 2009. Date Registered: 30/06/2009. More...
Victoria
Acts
Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 (Act No 23 of 2009)
Queensland
Regulations
Natural Resources and Water Legislation Amendment
Regulation (No. 1) 2009
Electricity Amendment Regulation (No. 2) 2009
Statutory Instruments
Workplace Health and Safety (Codes of Practice) Amendment Notice (No. 1) 2009
NSW
Proclamations commencing Acts
Contaminated Land Management Amendment Act 2008 No 111 (2009-253)
- published LW 26 June 2009
Environmental Planning and Assessment Amendment Act
2008 No 36 (2009-254) - published LW 26 June 2009
Environmental Planning and Assessment Amendment Act
2008 No 36 (2009-255) - published LW 26 June 2009
Gas Supply Amendment (Ombudsman Scheme) Act 2009 No 18
(2009-256) - published LW 26 June 2009
Water Management Amendment Act 2008 No 73 (2009-258)
- published LW 26 June 2009
Regulations
Contaminated Land Management Amendment Regulation 2009
(2009-264) - published LW 26 June 2009
Electricity Supply (General) Amendment (Energy Savings)
Regulation 2009 (2009-266) - published LW 26 June
2009
Energy and Utilities Administration Amendment (Minimum
Energy Performance Standards) Regulation 2009
(2009-267) - published LW 26 June 2009
Environmental Planning and Assessment Amendment (Plan
Making) Regulation 2009 (2009-268) - published LW
26 June 2009
Environmental Planning and Assessment Amendment
(Regional Panels) Regulation 2009 (2009-269) -
published LW 26 June 2009
Ports and Maritime Administration Amendment (Access
Rules) Regulation 2009 (2009-276) - published LW
26 June 2009
Water Management (General) Amendment (Miscellaneous)
Regulation 2009 (2009-282) - published LW 26 June
2009
Environmental Planning Instruments
State Environmental Planning Policy (Major Projects)
Amendment(Caritas) 2009 (2009-283) - published LW
26 June 2009
State Environmental Planning Policy (Major Projects)
Amendment (Joint Regional Planning Panels) 2009
(2009-284) - published LW 26 June 2009
Statutory Instruments
Joint Regional Planning Panels Order 2009
(2009-301) - published Gazette No 93 of 26 June 2009, page 3586
Proclamation in pursuance of sections 55A and 88A of
the Water Management Act 2000 No 92 (2009-298) -
published Gazette No 93 of 26 June 2009, page 3581
Bills introduced
Aboriginal Land Rights Amendment Bill 2009
Local Government Amendment (Planning and Reporting) Bill 2009
Cases
A J Richardson Properties Pty Ltd v Segboer
[2009] NSWSC 576
Costs - indemnity costs - builder serves statutory demand for
adjudicated progress claim knowing owner has much larger claim for
overpayment that is the subject of common law proceedings in the Court -
plaintiff applies to set aside the demand - defendant delays service of
submitting appearance - demand then set aside without opposition.
Building and Construction Industry Security of Payment Act 1999 (NSW),
Corporations Act 2001 (Cth), s 459G
Baulkham Hills Shire Council v Ko-veda Holiday
Park Estate Ltd [2009] NSWCA 160
Environment and planning - Environmental planning - Development Control -
Consents, approvals and permits - Conditions - Whether installation of
cabins occurred in breach of conditions - Whether construction
certificate issued in breach of conditions - Whether construction
certificate required prior to installation of cabins - Whether
accredited certifier wrongly joined in proceedings - Whether Part 3A
permit issued in accordance with conditions - Whether implementation of
non-approved Vegetation Management Plan on site amended conditions -
Construction of development consents and conditions - Whether condition
requiring particular staging of cabins installation and landscaping
breached - Whether development consent can incorporate by reference
unidentified supplementary information - Whether proceedings ought to be
remitted to Land and Environment Court to be heard by a judge other
than the primary judge - Costs. Environmental Planning and Assessment
Act 1979 (NSW); Rivers and Foreshores Improvement Act 1948 (NSW); Water
Management Act 2000 (NSW). More...
Grocon Constructors Pty Ltd v Kimberley
Securities Ltd [2009] NSWSC 572
Corporations - winding up - whether winding up order should be deferred
or stayed - where company to be wound up is one of several defendants in
other proceedings brought by present plaintiff - hearing of those
proceedings to begin in 2 weeks - fear that need for leave to proceed
against defendant in liquidation might cause hearing dates to be lost -
insufficient basis for deferral or stay - choice of liquidator - various
considerations discussed. More...
Houlahan v Pitchen [2009] WASCA 104
Negligence - Building contract - Appellants agreed to construct house
for first respondent - First respondent arranged for installation of
balustrade - After house completed first respondent injured when
balustrade collapsed - Whether balustrade part of building contract -
Whether appellant negligent in failing to inquire as to subcontractor’s
method of installation of balustrade - Turns on own facts. Damages -
Cross appeals by first respondent - Appeal against award for loss of
earning capacity - Whether trial judge erred in failing to assess loss
of earning capacity by reference to new employment of former work
colleague - Appeal against award of general damages - Relevant
principles - Whether award proportionate to injuries and disabilities
suffered. More...
Jemena Gas Networks (NSW) Limited v Mine
Subsidence Board [2009] NSWLEC 106
Question of law - separate question possibly determinative of
substantive appeal. More...
Perform (NSW) Pty Ltd v MEV-AUS Pty Ltd &
Anor [2009] NSWCA 157
Building and construction - adjudication under Building and
Construction Industry Security of Payment Act 1999 - payment schedule
could “indicate” reasons for nil valuation by referring to previous
payment schedule - in any event adjudicator’s view that it could not did
not make adjudication void - what is indicated in a payment schedule is
for adjudicator to determine - did not fail to comply with basic and
essential requirements of valid adjudication - reliance on back charge
claims as set-off - adjudicator requested further submissions -
submissions included that could not rely - open to adjudicator to pay
regard to submission - no denial of natural justice - no substance in
complaint that adjudicator failed bona fide to exercise his powers -
Costs - adequacy of trial judge’s reasons - discretion re-exercised -
cross-claim did not have to be decided - but was either unnecessary or
raised separate issues - no order for its costs. More...
Queensland Bulk Water Supply Authority v
McDonald Keen Group P/L & Anor [2009] QSC 165
Contracts - building, engineering and related contracts - other matters -
Where construction contract to undertake rock excavation - Where the
Second Respondent made an adjudication decision on a claim under the
Building & Construction Industry Payments Act 2004 (Qld) (Payments
Act) - Where the Applicant has applied for a declaration that the
adjudicator’s decision is void on the basis that there was no evidence
on which the adjudicator could determine the amount of the claim -
Whether the adjudicator failed to comply with the statutory provisions
of the Payments Act - Whether the adjudicator failed to accord natural
justice in the decision making process - Whether the adjudicator erred
in taking into account a facsimile in forming part of the decision about
the contract. Contracts - building, engineering and related contracts -
other matters - Where the Applicant seeks an order that the judgment
entered by the First Respondent against the Applicant be set aside -
Where in the alternative, the Applicant seeks a stay of execution of
that judgment. More...