What's News - Property, Planning & Environment
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what's news in property, planning & environment?
6 May 2009
Latest News
National
Australian property fund under pressure to place value on unlisted assets
Australian banks are putting increasing pressure on propertygroups to ascertain the value of unlisted properties held within investment portfolios. Brookfield Multiplex Capital Management(Brookfield Multiplex CM) is one example of a property manager(as responsible entity for the Multiplex Acumen Property Fund) working with its bankers to pay down debt and retain value for investors in a difficult market.
Energy industry warns of blackout
14 April 2009 Consumers face possible blackouts and power stations couldgo broke unless the Rudd Government offers an extra $6billion worth of free permits under its planned emissions trading scheme, the energy sector has warned. If the extra assistance is not forthcoming, the sector, responsible for about 70 per cent of Australia’s carbon emissions, will ask the Government for a Rudd Bank-style financing facility to help raise the capital More...
Victoria
Lara expansion faces native title interests
24 April 2009 Indigenous groups have expressed “interest” in exercising nativetitle rights on land earmarked for expansion of Lara’s town centre, according to City Hall. A local indigenous leader said the claimants could seek compensation in the region’s first native title bid. A City spokesperson said a “couple” of traditional landowners had staked an interest in Austin Park, neighbouring Lara’s major shopping precinct More...
Billionaire sheikh reaches for sky in Port Melbourne
26 April 2009 Billionaire Kuwaiti royal locked in battle with Port Phillip councilover a contentious plan to build a hotel and apartment towerin Port Melbourne. The multimillion-dollar proposal by Sheikh Mubarak Abdulla Al-Mubarak Al-Sabah includes a large retail precinct and immigration museum, but would require PlanningMinister Justin Madden to remove height restrictions on the siteopposite Station Pier More...
Practice Notes/Directions
Cases
Our oldest house? Demolisher’s delight
23 April 2009 A ramshackle mess in Williamstown is the centre of a bitter conservation row because it is thought to date from 1842, makingit possibly Melbourne’s oldest house. This makes it technically one of the state’s most significant buildings More...
Warning of more pain for office sector in Melbourne
23 April 2009 Office vacancy rates in Melbourne could reach double figures insix months, according to a market report. Colliers International says vacancy grew from 5.5 per cent in September to 8.1 per centby the end of last month More...
Small property owners can claim $5000
21 April 2009 Hobby farmers among about 1000 rural landowners expectedto apply for a one-off $5000 grant from the Victorian Bushfire Appeal Fund. Mr Landy said he and his advisory board had been concerned about the amount of fencing lost or damaged in the Black Saturday fires More...
Safety queries after SW fire traced to power pole
24 April 2009 Western Power’s safety measures have come into question afterit was revealed that a rotted power pole toppled and sparked a fire that razed 1800ha of pine plantation and bush near Balingup.The utility faces a big damages bill after the Forest ProductsCommission confirmed yesterday that it intended to seek compensation after losing millions of dollars worth of timber in the
February fire More...
23 April 2009 The Wellington Shire says it will look to the Victorian Government to support a proposal on the future of development along the 90 Mile Beach. The shire has battled to find a solution to planning guidelines to avoid future litigation if climate change affects the area’s properties. The changes would mean landowners in areas between settlements could surrender their land in return for its 2006 property value plus 20 per cent More...
No EES Required for Irrigation Modernisation Project
20 April 2009 An Environment Effects Statement (EES) will not be required for the Northern Victoria Irrigation Renewal Project (NVIRP), however it will be subject to a number of detailed conditions according to Planning Minister Justin Madden More...
$450,000 Restoration under way at old Castlemaine Gaol
20 April 2009 Major restoration works are underway at the Old CastlemaineGaol, with more than $450,000 in Brumby Government heritage grants
Pipeline Project ahead of Schedule
Construction of the 70 kilometre Sugarloaf Pipeline is runningahead of schedule meaning much needed water could flow toMelbourne several months earlier than originally expected. More...
Businesses urged to cash in on the benefits of green buildings
21 April 2009 A new joint-funded Rudd and Brumby Government public awareness campaign and a dedicated website will urge Australian businesses to join the green building revolution and boost their productivity with the campaign would help businesses improve their profitability by thinking green when leasing or refurbishingoffices. The CSIRO estimates that lost productivity from poor office environments costs Australia up to $21 billion a year More...
New South Wales
Tenders flow in for new social housing
24 April 2009 A record number of tenders have been received to build new social housing properties in NSW, the state government says. The NSW and federal governments will spend $3 billion on 9,000new homes in the state over the next three years, supportingaround 37,000 jobs. Mr Borger said the Department of Commercehad advised this was the largest e-tender exercise it had ever undertaken More...
Sydney house prices tipped to rise
23 April 2009 Sydney house prices tipped to rise in early 2010, a half-yearly survey shows. Respondents to the six-monthly survey include property valuers, fund managers, property analysts and property financiers More...
CBD retail sector defies gloom
25 April 2009 Sydney’s CBD retail sector is defying the tough economic conditions with a number of developments and leasing deals beingconcluded at attractive levels, according to investors More...
Queensland
Qld Minister announces change to council boundaries
Queensland Local Government Minister Desley Boyle hasannounced boundaries between Flinders Shire and Charters Towers regional councils have been adjusted with joint efforts of the councils and the property lessee involved More...
Energy Efficient Initiatives to give “green” light to new jobs
23 April 2009 The battle against climate change is creating demand for ‘green collar’ jobs in the energy-efficiency arena. There is a growing need for more electricians and ‘green’ plumbers, solar installers, energy auditors, ‘sustainable living’ architects and designers and ‘green’ building and construction workers, all with the skills to help reduce our carbon footprint. The Bligh Government is working with industry to address skills shortages in the sustainable energy and energy efficiency areas More...
Articles
National
Government releases Carbon Pollution reduction Scheme exposure draft legislation
Author: Anderson, GrantSource: Keeping Good Companies, Vol 61, No 3, April 2009: pp172-174
A new policy direction for climate change
Author: Carter, Bob Source: Quadrant, April 2009; v.53 (4); pp19-23Subjects: Climate change policy; Emissions trading Conveyancing and Property: Peter Butt Sale by registered mortgagee pp148
Sale by second (unregistered) mortgagee pp149 When is an “exception” a “reservation” pp150The dangers in time provisions (1) Don’t’ be early and (2) Don’t be late pp151-152
The Conveyancing game pp152Source: Australian Law Journal, Vol 83, No3, April 2009
The truth about building performance
Author: Langdon, David Source: Property Australia, April 2009: pp46-47Long-held assumptions about the re-lifing and greening ofexisting office space
Making pre-commitment work for you: corporate real estate
Author: Timm, Rodney Source: Property Australia, April 2009: pp52-53Risks – site and planning, building specification, program and delivery, landlord harmony and occupancy risk
Govt needs to tackle water corruption
Author: Tranter, Kellie Source: ABC and Online Opinion, 17 April 2009 Instead of propping up ailing share and property prices and probably doomed financial institutions, what about our
superannuation fund managers use our compulsory savingsto secure water supplies More...
The mother of all oil spills
Author: Naidu, Ravi Source: Online Opinion, 9 April 2009 The recent Queensland oil spill obscures another, far larger, spill - one more risky to the public and Australian environment - tens of thousands of leaks and spills on land. More...
Victoria
Planning Permit Activity Report
The 2007/2008 Planning Permit Activity Report is now available under the ‘Public Reports’ link at www.dpcd.vic.gov.au/ppar. This year the report includes new information, including the value of works, fees, timeliness of decisions and otherpermit activity in a new and improved format
Queensland
Barriers restricting and assisting the property industry Source: Brisbane Business News, April 2009: pp6The Brisbane City Council’s RiskSmart System of third party clarification of development proposals is a good one andshould be expanded. Further amending the Planning Act so that delayed applications are automatically approved whengovernment agencies fail to meet IDAS timeframes.
Planning against the current Integrated Water Cycle ManagementSource: Queensland Planner, Vol 49, No 1, March 2009: pp5
Managing Place change: the iconic Queensland Places Act 2008 Source: Queensland Planner, Vol 49, No 1, March 2009: pp9
The Regional Planning dilemma: Ex Sugar Cane Lands Source: Queensland Planner, Vol 49, No 1, March 2009: pp12
Planners or lawyers: a lawyers perspective – who determines the merit of Queensland planning Source: Queensland Planner, Vol 49, No 1, March 2009: pp19
Practices notes/directions
Victoria
Brumby government launches practical and accessible homes for all Victorians
14 April 2009 New regulatory measures will allow one in five Victorians who have a disability or are over the age of 60 to build accessible features into new homes. The Brumby Government expects mandatory measures will be in place in 2010
Application to Amend a Planning Permit
The electronic Application to Amend a Planning Permit form was launched this month. It features integrated help text and the ability to save the form, and can be pre-populatedfor registered Business Victoria users. This is another step towards managing planning applications online.
Waste Transfer Station and Recycling Facility Advisory Committee Paper
The Issues Paper for the Waste Transfer Station and Recycling Facility Advisory Committee has been released for comment.
Subdivision tip
For speedier registration of names in your subdivision, it is important that the proposed names of your streets andplaces comply with the Guidelines for Geographic NamesVictoria.
Currently inviting submissions
Future Farms: Providing for Victoria’s Future Rural Land Use, Discussion paper, April 2009 is out for public comment and feedback.
Modernising Victoria’s Planning Act: Submissions are invited on the Planning and Environment Act Review discussion paper
Queensland
Queensland Water Commission: SEQ System Operating Plan
Release 2.1 commences to have effect on 17 April 2009. Copies are available from the website at: www.qwc.qld.gov.au
Legislation
Victoria
Environment Protection (Sea Dumping) Amendment Regulations 2009 (No. 1)
Legislative Instrument - F2009L01220 Number: SLI 2009 No. 57 These Regulations amend the Environment Protection (Sea Dumping) Regulations 1983 to increase fees payable forpermits. Date Registered: 16/04/2009 More...
Cases
Victoria
428 Little Bourke Street Pty Ltd v Lonsdale Street Cafe Pty Ltd & Ors [2009] VSC 133
Practice and procedure – Strike out Application – Whether pleading disclosed reasonable cause of action under s 52 Trade Practices Act 1974 (Cth) and s 9 Fair Trading Act 1999
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Whether nomination form constituted novation of contract of sale of real property
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Plaintiff’s claim manifestly groundless
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Proceeding dismissed More...
Wang v Mayhoub & Anor (Civil Claims) [2009] VCAT 567
Contract – sale of business – deposit – whether agreement for cancellation made and still on foot – whether all necessary accounting information had been given – Estate Agents
Act 1980 s52 – Estate Agents (General, Accounts and Audit) Regulations 1997 r19. More...
Suncorp-Metway Ltd v Panagiotidis & Anor [2009] VSC 126
Practice and procedure – Joinder of defendant pursuant to Wrongs Act 1958 Part IVAA s.24 AL(1) – proceeding relating to an apportionable claim (s.24 AL (1) – proceeding involving an apportionable claim (s.24AI) - party to such a proceeding(s.24A(3) ) – pleading invoking Part IVAA must allege material facts raising arguable case for apportionment of liability – effect of default judgment in proceeding against concurrent wrongdoer (s.24 AL (2) ) - Suncorp-Metway Ltd has sued as the registered mortgagee of land to recover the amount dueunder the mortgage as a debt and possession of the mortgaged land. More...
Queensland
Harding v Brisbane City Council & Anor [2009] QPEC 021
Integrated Planning Act 1997 s4.1.52(2)(b) - minor change where developer now propose to dedicate a 3.5 metre stripalong its frontage of narrow lane to alleviate concerns that vehicles parking would obstruct passing of traffic More...
Reed Construction (Qld) Pty Ltd v Frankpile Australia Pty Ltd [2009] QSC 083
Procedure – supreme court procedure – queensland –procedure under rules of court – pleading – Application to strike out parts of statement of claim – supply of particulars with more to come after disclosure of documents – whether defendant should be required to plead to statement of claimin its present form More...
Re BHP Billiton Minerals Pty Ltd & Ors [2009] QLC 0057
application lodged by BHP Billiton Minerals Pty Ltd & Ors for an additional surface area to a mining lease over land asdescribed in the application for the purpose of undergroundlong wall development of coal and gaseous hydrocarbons for a term to expire on 30 November 2019 - application foradditional surface area be granted to BHP Billiton Minerals Pty Ltd (41.50%), BHP Queensland Coal Pty Ltd (8.50%), Mitsubishi Development Pty Ltd (3.49%), QCT Investment Pty Ltd (12.00%), QCT Mining Pty Ltd (15.78%) and QCTResources Pty Ltd (18.73%) More...
Maxine Seaton Pty Ltd v Body Corporate for fuel apartments CTS 32734 [2009] CCT KC006-08
Termination of caretaking and letting agreements – Meaning of “misconduct” and “disrepute” in termination clauses – Body Corporate and Community Management Act 1997, section 149B – Accommodation Module (1997), section 89 More...