What's news
PDF Download
This article is available in PDF format.
Whats News in Property Planning Environment - 18
November 2009.pdf[Adobe Acrobat PDF - 622.09 KB]
What's news in Property, Planning & Environment?
18 November 2009
Latest news
Commonwealth Property
Management Guidelines commence
28 October 2009
Minister for Finance and Deregulation has launched the Commonwealth
Property Management Guidelines which are designed to improve property
management planning, cross-agency coordination and accountability, with a
specific focus on the amount of space that each agency occupies More...
Land charges ‘pricing out
buyers’
3 November 2009
Federal Housing Minister Tanya Plibersek has warned that state
governments and local councils risk pricing first-home buyers out of the
market by milking the property industry for too much tax.
UDIA president
PM proposes taking over
city planning
28 October 2009
In the next 40 years
Insulation changes: safety,
consumer protections and value for money
1 November 2009
The Government has added extra safety precautions, consumer protections
and reduced the maximum subsidy for its Home Insulation Program,
effective from midnight on Sunday 1 November 2009. The Minister said the
requirement of a second quote built on the inclusion of a pricing guide
in the program guidelines and was another measure to ensure value for
money.
Record fine for
30 October 2009
New home sales slump
29 October
2009
Nationwide homes sales sank 4.5 per cent in September, following an 11.4
per cent jump in August, according to data from the Housing Industry
Association. HIA chief economist
New Australian Centre for
Renewable Energy
28 October
2009
The Minister for Resources and Energy Martin Ferguson has launched the
Australian Centre for Renewable Energy (ACRE), part of the Rudd
Government’s $4.5 billion Clean Energy Initiative and draws together
more than $560 million of renewable energy investment to help
commercialise renewable energy. The Solar Flagships Program details can
be found in the factsheet at www.ret.gov.au. More...
3 November
2009
The Rann government wants a High Court ruling on states’ water rights
before final negotiations go ahead on a pact to manage the
New Australian Centre for
Renewable Energy
28 October
2009
The Minister for Resources and Energy Martin Ferguson has launched the
Australian Centre for Renewable Energy (ACRE), part of the Rudd
Government’s $4.5 billion Clean Energy Initiative and draws together
more than $560 million of renewable energy investment to help
commercialise renewable energy. The Solar Flagships Program details can
be found in the factsheet at www.ret.gov.au. More...
Multiple native claims over
four Pilbara towns dismissed
28 October
2009
Victoria
Building and retail up but
difficult period ahead
4 November
2009
Victoria has recorded a 49.1 per cent increase in building approvals and
7.5 per cent increase in retail spending over the past year according
to ABS statistics released today but the Treasurer, John Lenders, warned
the Global Financial Crisis would continue to have a large impact on
the state budget and economy More...
Geothermal
industry could share in $700,000 to ‘Rediscover Victoria’
29 October 2009
Victoria’s potential geothermal industry could be explored with
applications now open for up to $700,000 in drilling grants from the
Brumby Labor Government.
Recycled
water to flow for Melbourne’s west
29 October 2009
Construction has started on a $46 million recycled water project which
will provide high quality recycled water to industry, championship golf
courses and public parks in Melbourne’s west More...
Desalination
plant secures funds; Vic govt off the hook
AquaSure, a
group of investors building Australia’s biggest water desalination
plant, agreed to a $1.7 billion loan to help fund the project, with
National Australia Bank and Westpac allegedly managing the syndication.
Suez Environnement, Thiess and Macquarie Group are among members of
AquaSure, which won a government contract in July to build the
desalination plant in
Tests reveal
inaudible wind farm noise
4 November 2009
An engineer from the
Exit ban on
husband as $7m sought
3 November 2009
The Family Court has effectively banned a 60-year-old man from leaving
the country while his wife tries to find out what he has done with an
estimated $7 million he raised from selling their extensive Melbourne
property holdings More...
Wynne
overrules council on 10/30 Right
28 October 2009
The Victorian State Government has stepped in to overrule a council on
environmental planning, with
27 October
2009
More than 80,000 buildings along
A report by the Joint Standing Committee on climate change has predicted
New
South Wales
Barangaroo
To Be One Of The World’s First Climate Positive City Precincts
2 November
2009
Barangaroo will be a world leading ecological development, with the NSW
Government today announcing the project will enter the Clinton Climate
Initiative’s Climate Positive Development Program and will be one of the
first CBD districts in the world to be carbon neutral, water positive
and generate zero waste More...
NSW
announces councils for e-planning pilot
28 October
2009
The NSW State Government has announced a new e-planning pilot to be
launched across a number of councils. 12 NSW councils are set to work
with Local and State Government authorities to work on an electronic
Housing Code pilot project More...
Queensland
30 October
2009
Queensland
on track with building of social housing
5 November
2009
Minister Struthers said the $1.2 billion investment in social housing
under the Nation Building and Economic Stimulus Plan was on top of the
Bligh Government’s $500 million building program, with the roll-out of
4,000 new social housing dwellings across Queensland. More than 75% of
the new dwellings would be built by December next year, with 525 new
homes expected to be completed by June next year More...
Sustainable
building under new Amendment
5 November
2009
The
Government
and Councils team up to address flooding
5 November
2009
Officers from the Department of Environment and Resource Management and
the Department of Infrastructure and Planning will work with local
Council planner officers on the project to focus on helping councils
better identify inland flood prone areas of the state More...
Developer
‘code of contact’
3 November
2009
LGAQ president Paul Bell said the draft “code of contact” raised the
ethical bar over the existing Local Government Act and would require a
voluntary set of rules to avoid the vexed question of interaction
between local decision makers and those seeking favourable application
outcomes More...
International
events expert appointed to review SuperGP
26 October
2009
An independent review by appointed events manager Mr David Williams will
analyse the governance and due diligence undertaken by the event
organisers ahead of the 2009 event and provide recommendations for the
future of the event on the Gold Coast by November 2009 More...
Articles
National
Premises
occupancy models for franchised retail businesses in
Authors:
The prior
certificate of title and wrong description of land exceptions to
indefeasibility: Resolving the overlap
Authors:
Second
biennial assessment of progress in implementation of the National Water
Initiative: Australian water reform 2009
Author:
Subjects: Water resources; National Water Initiative; Natural
resource management; Water conservation; Water supply; Resource
allocation; Water policy; Water rights; Interstate comparisons.
Practice
notes/directions
Victoria
Approved
World Heritage Environs Area Strategy Plan
The
Minister for Planning has approved the World Heritage Environs Area
Strategy Plan:
New
South Wales
NSW: Refund
of Insurance Duty
27 October 2009
As a result of a recent
Planning for
Entertainment
23 October 2009
The NSW Government has introduced a simpler and fairer approval system
for live entertainment. The red tape for live entertainment in venues
has been cut – pubs, clubs, restaurants, cafés and other venues no
longer need a special licence More...
Queensland
QLD: Free
training - building laws sustainability changes
4 November 2009
Upcoming free training sessions on proposed sustainability changes will
be held across
Rebated
purchase prices – Form 1 Transfer and Form 24 Property Information (Transfer)
Following concerns raised by members and discussions with the Titles
Registry, the State Valuations Service and the Office of State Revenue,
an agreed method for reporting a conveyancing transaction with a rebate,
discount or cash-back on settlement on the Form 1 and Form 24 has been
settled. A practice note with a worked example has been produced for the
benefit of members.
Legislation
Commonwealth
Trade Practices Amendment
(Infrastructure Access) Bill 2009
A Bill for an Act to amend the Trade Practices Act 1974, and for related
purposes – changes to binding time limits and limited merits review for
councils. Note: The consideration period is a period of 180 days (the
expected period), starting at the start of the day the application is
received, unless the consideration period is extended under subsection
(7) (30/10/09) More...
Personal Property
Securities (Consequential Amendments) Bill 2009
A Bill for an Act to deal with consequential matters arising from the
enactment of the Personal Property Securities Act 2009, to amend that
Act, and for related purposes (26/10/2009) More...
Native Title Amendment
A
Carbon Pollution Reduction
Scheme (CPRS Fuel Credits) Bill 2009 [No. 2]
A Bill for an Act about CPRS fuel credits, and for related purposes
(26/10/2009) More...
Carbon Pollution Reduction
Scheme Bill 2009 [No. 2]
A Bill for an Act to reduce pollution caused by emissions of carbon
dioxide and other greenhouse gases, and for other purposes (26/10/2009) More...
Australian Climate Change
Regulatory Authority Bill 2009 [No.2]
A
Acts
Electricity Industry Amendment (Premium Solar
Feed-in Tariff) Act No 41 of 2009
Assent: 5/08/2009 SG (No. 264) 5/8/2009 p. 1
Commencement: 01/11/2009: GG 29/10/2009 p. 2729
Major Transport Projects Facilitation Act No
56 of 2009
Assent: 29/09/2009 SG (No. 338) 29/9/2009 p. 1
Commencement: 01/11/2009: GG 29/10/2009 p. 2729
Liquor Control Reform Amendment (Licensing)
Act No 59 of 2009
Assent: 21/10/2009 SG (No. 366) 21/10/2009 p.
1 Commencement: Ss 1, 2, 31 on 21/10/2009: 2(1)
Ss 3, 27, 29 on 29/10/2009: GG 29/10/2009 p.
2729 Ss 4-26, 28, 30, 32-35 on 01/01/2010: GG 29/10/2009
Statutory Rules
Liquor Control Reform Regulations No 134
of 2009
Date of Making: 4/11/2009 Commencement: Regs 1-26, 28, 29(1), 29(2)(a),
30(1), 30(2), 30(4), 31-59 on 01/01/2010: reg. 2(1)
Alpine Resorts (Management) Regulations No
136 of 2009
Date of Making: 4/11/2009 Commencement: 06/11/2009: reg. 3
Queensland
Bills
Commissions of Inquiry (Corruption, Cronyism
and Unethical Behaviour)
Amendment Bill 2009
Integrated Planning Amendment Bill 2009
Building and Other Legislation Amendment Bill
2009
Acts
43 Vegetation Management and Other
Legislation Amendment Act 2009
46
Natural Resources Provisions Act 2009
Cases
National
Chalice
Gold Mines Limited ACN 116 648 956, In the matter of Chalice Gold Mines
Limited ACN 116 648 956 [2009] FCA 1236
Corporations
law – application for order under s 1322(4)(a) and (d) of the
Corporations Act 2001 (Cth) extending the time for the company to give
notice of share placement in accordance with s 708A(5) and (6) – whether
failure to issue notice due to inadvertence – whether substantial
injustice to any party More...
Victoria
Zampichelli
v Zampichelli [2009] VSC 489
Caveat – Application to remove caveat – Service of application –
Transfer of Land Act 1958 ss 89(4), 90(3). More... Statutory interpretation –
Purposive approach – Construction of Subdivision Act 1988, ss 18(1),
18(1A) – Overall scheme for the treatment of subdivisions - Interaction
between Planning and Environment Act 1987, Subdivision Act 1988 and
Maroondah Planning Scheme - Subdivision Act 1988, ss 18, 19, 20, 21. More...
Gleeson v
Commissioner of State Revenue [2009] VSC 464
Taxation –
whether transfer of property exempt from duty under s.34 or s.36 of the
Duties Act 2000 (Vic) – whether company held property on trust for the
“real purchasers” and whether the transfer was made to the “real
purchasers” within the meaning of s.34 – whether property was subject to
a “fixed trust” and whether the transfer was made to a beneficiary (in
that capacity) within the meaning of s.36. More...
Kalenik v
Apostolidis & Ors (No 3) [2009] VSC 475
Costs –
Application for an adjustment order under Part IX of the Property Law
Act 1958 (Vic) - Plaintiff successful in obtaining an adjustment order -
Misconduct by both parties in relation to the proceeding - Plaintiff’s
evidence concerning significant factual issues rejected - Whether
plaintiff’s costs should be reduced to reflect misconduct and lack of
success on significant issues - Plaintiff’s costs of and incidental to
the trial reduced by 25 per cent - discretion to order costs in
proceedings under Part IX of the Property Law Act should reflect the
relevant circumstances of each case. More...
Chapman v
Plenty Views Pty Ltd,
Nuisance caused by golf balls struck from golf driving range –
relief sought as injunction and damages. More...
Stockland Developments Pty Ltd v Stonnington CC [2009] VCAT 2179
Stonnington Planning Scheme; Application pursuant to Section 77 of the
Planning and Environment Act 1987; Business 2 Zone; Design and
Development Overlay (DDO8); Principal Activity Centre; Forest Hill
precinct; Planning policy; Height; Scale; Traffic; Parking; Television
reception - Demolition of existing buildings and construction of a 35
storey mixed use building comprising two retail spaces on the ground
floor, an office on podium level 2, 359 car spaces and 151 bicycle
spaces within the lower six levels (ground to podium level 6) and 377
dwellings above the podium level within the two tower elements – refused
permit More...
Re
Franklin [2009] VSC 496
Real property – Adverse possession against co-proprietor – Effect of
death of joint tenant in whose favour limitation period runs –
Application to Registrar of Titles for vesting order – Limitation of
Actions Act 1958 (Vic) ss 8, 14(1), (4), 18, 23 – Transfer of Land Act
1958 (Vic) s 60, 62. More...
Grigoriu v
Petran (Real Property) [2009] VCAT 2272
Partition proceedings - property sold – dispute as to division of
proceeds of sale – contributions made by respective parties – evidence -
Property Law Act 1958 s.233 – compensation and accounting – relevant
matters More...
Tzimas v
Retail tenancy, proposed redevelopment, demolition, quia timet
injunction. breach of quiet enjoyment, equitable principles, s.55.56
& 91 Retail Leases Act, s.123 VCAT Act. More...
Savrez
Pty Ltd v Stonnington CC & Ors (includes Summary) (Red Dot)
[2009] VCAT 2230
Failure to serve witness reports – amending plans by way of witness
reports.
Queensland
Quagliata v
Cassowary Coast Regional Council [2009] QPEC 105
Planning – planning and environment – reconfiguration of a lot – non
compliance with codes – insufficient grounds More...
May & Anor v Redland Shire Council
[2009] QPEC 106
Integrated Planning Act 1997 (IPA) s 3.5.5(2)(d), s 3.5.30, s
4.1.52(2) – developer’s site in environmentally sensitive location –
part designated Special Protection Area – development application made
under transitional planning scheme with which it was compliant, subject
to issues under Council Policies regarding parks and recreation
contributions – Council refusal based on proposal cutting across new
planning arrangements, in particular a draft structure plan for the area
– relevance of an existing approval for a golf driving range on the
site which had been implemented, so that site was totally cleared, and
afforded little by way of environmental value – developer offered a
comprehensive Greenspace Management Plan with large areas subject to
covenants to be registered – whether preferable to have covenant areas
privately owned or dedicated – court concerned at loss of lot yield
consequent upon dedication More...
CVC
Conveyancing – removal of caveat – application for – mortgages –
redemption – sale under power – Where property subject to mortgages -
Where mortgagees also lent money to entity related to property owner –
Where property owner provided guarantee & indemnity for loan to
related entity - Where property owner entered contract to sell property
to third party – Where related entity defaulted on mortgage repayments –
Where first mortgagee refused to release mortgage on basis that
contract price was below market value – Where completion of contract did
not occur but contract remains on foot - Where first mortgagee obtained
possession of property and sought to exercise power of sale to a
separate party for a higher price – Where property owner lodged a caveat
over property – Where second mortgagee lodged a caveat over property -
Where second contract of sale due for completion - Where first mortgagee
brought urgent application for removal of caveat – Where second
prospective purchaser brought urgent application for removal of caveat –
Where dispute about the validity and extent of an ‘all moneys’
guarantee given by property owner – Where first mortgagee contends that
the property owner’s guarantee extends to debt’s beyond those of the
property - Where property owner claims representations of first
mortgagee give rise to an estoppel – Where property owner alleges first
mortgagee refused to accept offer of tender to redeem mortgage – Whether
the property owner’s guarantee to the first mortgagee extended to the
debts of the related entity – Whether the mortgagee’s representations
give rise to an estoppel – Whether there was an offer to redeem –
Whether the first mortgagee refused a tender - Whether there are serious
questions to be tried – Whether the balance of convenience favours the
removal of the caveats More...
The Chief Executive, Office of Fair
Trading, Department of Employment, Economic Development & Innovation
v Filippini and Penney also known as Fillipini [2009] CCT PD001-09
Disciplinary proceedings – Real Estate Agent- Property Agents and
Motor Dealers Act 2000, Sections 26, 128, 160, 496(1)(b) – Acting as a
real estate agent without a licence- acts amounting to- Continuation of
interest and involvement in real estate business by disqualified person-
Meaning of “not a suitable person to hold a licence” in s496(1)(g)(ii)
and section 26 More...
Body Corporate and Community Management – Applicant successful on
application for adjustment of contribution schedule and interest
schedule – costs More...
Holland v Body Corporate for Ellenmac CTS
16423 [2009] CCT KL002-09
Administrative Law- Body Corporate and Community Management-
Adjustment of Contribution Lot Entitlement- Principles- Sufficiency of
Evidence- Absence of Expert Report More...