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National
Government insulation checks cause $70m backlog
15 April 2010
The Rudd government is checking for fraud in about $70 million
payments it has withheld under the failed $2.5 billion home insulation scheme.
The payments for about 69,000 jobs have been withheld for compliance reasons,
including multiple rebates claimed for the same address or for incomplete and
incorrect paperwork More...
Wong announces $6m for Basin communities
15 April 2010
Local governments in the Murray Darling Basin will receive
planning grants to help them prepare their communities for a future with less
water, the Minister for Climate Change, Energy Efficiency and Water, Senator
Penny Wong, has announced More...
Minister offers reassurance on SW oil plan
13 April 2010
Federal Resources Minister Martin Ferguson says any proposal to
drill for oil off the South West coast would have to clear all environmental
hurdles. The Department of Environment and Conservation has earmarked the same
area as a potential future marine park More...
Menindee Lakes control handed to basin authority
The Menindee Lakes are no longer under the control of the New
South Wales Government. The authority’s chief executive, Rob Freeman, says the
water held in the lakes can now be shared between New South Wales, Victoria and
South Australia More...
$36m to improve Murray irrigation
13 April 2010
The Federal Government will spend $36 million improving
irrigation practices on Queensland farms in the Murray-Darling Basin. The
deadline for tenders to sell water licences from Queensland’s southern inland
back to the Government has been extended until the end of the month More...
Victoria
Wind farm avoids environmental effects statement
16 April 2010
Victorian Planning Minister Justin Madden has ruled that a
14-turbine wind farm near Ballan will not need an environmental effects
statement More...
Greens move motion against Planning Minister
14 April 2010
The Greens seek to move a disallowance motion in the Upper House
against the Planning Minister Justin Madden to strip him of control over a
high-profile development at Williamstown More...
Madden changes planning protocol
15 April 2010
Planning officials will have to report the ownership of all land
up for rezoning after Planning Minister Justin Madden was left in the dark
about an application involving his first cousin rezoning for industrial use by
a priority development panel. Mr Madden said [In future] he will ask for due
diligence by the department to be undertaken in relation to the ownership of
land when it needs to be considered for rezoning More...
Hulls order on Windsor ‘contempt’
12 April 2010
Attorney-General Rob Hulls has committed a serious contempt of
Parliament by ordering government advisers not to appear before a parliamentary
inquiry into the Hotel Windsor planning scandal, according to the legal
guardian of Victoria’s upper house More...
Work begins on $300 million defence module contract
15 April 2010
Victorian Industry and Trade Minister Jacinta Allan said
upgrades at the shipyard that helped BAE Systems win the $300 million contract
to build the modules, included a new large construction hall, a new automated
panel line, a new robotic profile cutting line and a new state of the art blast
and paint facility More...
Wimmera Mallee pipeline turned on six years early
15 April 2010
Australia’s largest water infrastructure project, the Wimmera-Mallee
Pipeline, has been completed six years ahead of schedule, securing the region’s
water supply and providing a lifeline for towns, sport, farms, rivers and
businesses More...
Council to pay $155,000 for volcanic
grasslands damage
15
April 2010
A
council will have to amend its environmental planning processes and pay
$155,000 towards the conservation of the Victorian Volcanic Plains after road
works damaged grasslands protected by national environmental law More...
Victorian councils should centralise service costing:
Auditor-General
15 April 2010
Councils do not
understand the true cost of the services they provide to the community and the
extent to which they subsidise them, the Victorian Auditor-General has found More...
Former Ballarat CEO deprived of ‘natural justice’: Ombudsman
15 April 2010
Local Government Victoria failed to provide natural justice to a
council CEO and a consultant from the City of Ballarat by failing to interview
them in a 2008 investigation, a report by the Victorian Ombudsman has
found More...
Pipeline trespass case dismissed
14 April 2010
The Ringwood Magistrates Court dismissed the trespass charges
brought by Yea landholder Bill Anderson against Mr Winther after he and other
pipeline workers entered his property and fenced off an easement to build and
bury the pipeline. Melbourne Water and the Victorian Government have repeatedly
argued they had the right to enter the land under section 133 of the Water
Act More...
Construction begins on reservoir affordable housing
14 April 2010
Member for Preston Robin Scott said the Cheddar McMahon Estate
was in the middle of the East Reservoir Neighbourhood Renewal area. Through
Neighbourhood Renewal, the Brumby Labor Government has committed more than $5.2
million in East Reservoir, including more than $3.3 million for more than 200
housing upgrades and immediate improvement works More...
Work starts on two new parks for Melbourne
14 April 2010
Two new parks will be created in metropolitan growth corridors
using a $4.3 million Brumby Labor Government grant. The ‘Great Parks for a
Liveable City’ initiative in 2006 committed $10 million to plan and set up
three new parks in growth corridors at Werribee River, Toolern Creek and the
Merri Creek. Planning for Toolern Creek Regional Park is currently being finalised More...
Site settled, application lodged, now let us have a say Welcome
to Bunnings
Council will ask Planing Minister Justin Madden to remove a
planning scheme amendment allowing him to fast-track the Bunnings bid without
public exhibition or allowing appeals. The deal attracted widespread community
opposition to the prospect of Bunnings opening at Torquay’s entrance with a
sign significantly larger than previously allowed More...
New South Wales
NSW mine shelves exploration program
15 April 2010
The North Parkes Mine is blaming a controversial NSW Supreme
Court ruling on land access agreements for its move to shelve its exploration
program. Last month the court ruled that mines now have to include banks and
other agencies when negotiating access agreements, previously negotiated with
landholders More...
Queensland
Queensland mandatory standards for worker’s accommodation
15 April 2010
A new mandatory code to improve the standard of temporary
accommodation buildings in Queensland will come into effect from 1 July 2010
and will assist councils to intervene and take enforcement steps where
unapproved buildings—or buildings where approval times have expired—remain
on-site. The new code will require all
temporary accommodation buildings to meet a range of minimum standards More...
State households and business receive $3.5 million from Solar
Bonus Scheme
13 April 2010
The Bligh government has announced that Queensland households
have reaped the rewards earning 44 cents for every kilowatt they feed back into
the grid and by receiving more than $3.52 million in credits on their
electricity bills under the Government’s Solar Bonus Scheme More...
Queensland coastline protected with toughest fines
12 April 2010
Premier Anna Bligh has announced the maximum penalty for
corporations involved in oil spills in Queensland waters would increase from
$1.75 million to $10 million while the maximum fine for individuals involved in
at-sea mishaps would increase from $350,000 to $500,000. The increase in
penalties follows the Pacific Adventurer oil spill in Moreton Bay in March last
year and the recent grounding of a Chinese vessel near Great Keppel Island More...
Articles
National
The landlord’s obligation to mitigate damages after the tenant
repudiates a lease: casenote
Author: Cassidy, D
Source: Australian Property Law bulletin, 2010, Vol 24,
No 6, pp85-89
Native title ambitions
Author: Awad, Amal
Source: Lawyers Weekly, 2010, 2 April 2010, pp16-17
Pulping the RIS fictions
Author: Peter Verwer, Peter
Source: Property Australia, 2010, Vol 24, No 7 April, pp8
Australian environmental law: norms, principles and rules
Author: Fisher, D. E.
Source: Pyrmont, N.S.W: Lawbook Co., c2010; xcviii, 627
p
Edition: 2nd ed
Subjects: Environmental management; Natural resource
management; Legislation; Environment policy; Sustainable development; Cases
(Law); Interstate comparisons; Australia overseas comparisons
State of Australian Cities 2010
Author: Infrastructure Australia. Major Cities Unit,
2010: 149pp
Cities and towns; Capital cities; Population; Economic
conditions; Social conditions; Quality of life; Housing; Sustainable
development; Water consumption; Electricity consumption; Affordability; Statistics; Trends to 2010;
Interstate comparisons; Australia overseas comparisons More...
Victoria
Urban Development Program Annual Report 2009
The 2009 Urban Development Program Annual Report has been
released, showing land available for residential development and industrial use
in Melbourne and Geelong.
New South Wales
Local area population projections 2006-2036
Population projections have been produced for New South Wales as
whole and 13 regions of the State for the period 2006 to 2036. These new
projections take into account findings from the 2006 Census and the latest data
and expertise on fertility, mortality and migration. They supersede the
previous set of projections published in 2005 More...
Queensland
Queensland Treasury Corporation Report
The Queensland Treasury Corporation summary report on council
submissions regarding the costs of their local government amalgamations. The
report includes 24 of the 25 councils, with the Torres Strait Island Regional
Council subject to separate review Review of Local Government Amalgamation Costs Funding
Submissions - Final Summary Report
Financing Public Infrastructure in Queensland 2010
This report presents alternatives to traditional financing
methods for public infrastructure.
Home and hearth: principle place of residence exemptions under
the Land Tax Act 1915
Author: Jones, Stephen
Source: Australian Property Law bulletin, 2010, Vol 24,
No 6, pp78-81
When is an option a “contract for the sale of land” under the
Property Agents and motor Dealers Act 2000
Author: Christensen, Sharon; Duncan, Bill
Source: Australian Property Law bulletin, 2010, Vol 24,
No 6, pp82-84
Practice notes/directions
Victoria
Currently Inviting Submissions
Coastal Climate Change Advisory Committee’s Issues and Options
Paper - Comments by Monday, 10 May 2010.
Ports and Environs Advisory Committee Discussion Paper - Comments by Friday, 14 May 2010.
Subdivision Regulations
The expiry date for the current Subdivision (Permit and
Certification Fees) Regulations 2000 has been extended to 25 September 2011 and
the expiry date for the current Planning and Environment (Fees) Regulations
2000 has been extended to 24 July 2011. The fees have not changed. For more
information, refer to the Endnotes to each Regulation.
Queensland
Queensland mandatory standard: worker’s accommodation
15 April 2010
A new mandatory code will require all temporary accommodation
buildings to meet a range of minimum standards to improve the health, safety
and well-being of the occupants, as well as providing environmental benefits
effective from 1 July 2010. The new code is not retrospective and will not
affect existing, lawful temporary accommodation buildings. Councils will have
the ability to choose whether to make owners comply with the new code, or to
remove unlawful temporary accommodation buildings. The code can be viewed
at: More...
Queensland Planning and
Environment Court New Rule
9 April 2010
The Planning and Environment Court Rules 2010 No. 60 (Qld) have
been made under the authority of the Sustainable Planning Act 2009 No. 36 (Qld)
(the governing Act). The Rules prescribe matters relating to the Planning and
Environment Court (the court) set out under Chapter 7 of the governing Act.
Legislation
Victoria
Commonwealth
Renewable Energy (Electricity) Amendment Act 2009 - Proclamation
This Proclamation provides for the commencement of items 6 and 7
of schedule 3 of the Renewable Energy (Electricity) Amendment Act 2009 on 18
April 2010 (16/04/2010) More...
Victoria
Bills Introduced and Second Read in the first House
Building Amendment Bill
Courts Legislation Miscellaneous Amendments Bill
Fair Trading Amendment (Unfair Contract Terms) Bill
Gambling Regulation Amendment (Licensing) Bill
Statutory Rules made
No. 19 Subordinate Legislation (Planning and Environment (Fees)
Regulations 2000 - Extension of Operation) Regulations 2010
Date of Making: 13/04/2010
www.legislation.vic.gov.au
Queensland
Commonwealth
Renewable Energy (Electricity) Amendment Act 2009 - Proclamation
This Proclamation provides for the commencement of items 6 and 7
of schedule 3 of the Renewable Energy (Electricity) Amendment Act 2009 on 18
April 2010 (16/04/2010) More...
Acts
Subordinate legislation as made
No 57 Aboriginal Land Amendment Regulation (No. 1) 2010
No 58 Greenhouse Gas Storage Regulation 2010
No 59 Stock Amendment Regulation (No. 1) 2010
No 60 Planning and Environment Court Rules 2010 amends the
Sustainable Planning Act 2009
No 61 Proclamation commencing remaining provisions of the
Criminal Organisation Act 2009
No 62 Casino Gaming Amendment Rule (No. 1) 2010
Cases
National
Tullock v State of Western Australia [2010] FCA 351
Native title – costs – application by applicant for costs
against the applicant on the motion pursuant to s 85A of the Native Title Act
1993 (Cth) – whether costs incurred by unreasonable act or omission of
applicant on the motion – motion without merit – costs awarded on indemnity
basis More...
Victoria
Deputy Commissioner of Taxation v Gashi & Anor [2010] VSC
120
Practice and procedure – freezing order – final order – income
tax recovery proceeding – defendants engaged in substantial property
development and asset acquisition activity – declared low or nil income and
lodged few or no taxation returns –large numbers of international cash
transfers made – substantial taxation assessed after betterment analyses –
whether deputy commissioner has good arguable case – assessments protected by
finality provision in federal taxation legislation – whether danger of judgment
going unsatisfied – properties bought and developed in names of defendant’s
children and family company – whether ancillary orders should be made – Supreme
Court (General Civil Procedure) Rules 2005, Order 37A More...
Stephens v Victorian Urban Development Authority (Land
Valuation) [2010] VCAT 369
The amount of compensation payable by the Respondent to the
Applicant arising from the compulsory acquisition of the subject land is
$741,600 plus legal, valuation and other expenses More...
Filippou Management Pty Ltd v MREEF Project Company No. 11 Pty
Ltd & Ors (Civil Claims) [2010] VCAT 371
Application under the Owners Corporations Act 2006 - alleged OC
acted without power in operating the Centre and charging the fees - Full
disclosure in writing in the agenda of the annual general meeting about the
Centre would have been wise - Mr Kalotihos had to discover who owned 10.07
through title and company searches More...
Verway & Ors v Minister for Environment & Climate Change
(Land Valuation) [2010] VCAT 368
Land Acquisition and Compensation Act 1986; compensation for
compulsory acquisition of land; factors relevant for solatium; whether solatium
properly assessed as a percentage of market value or lump sum amount;
replacement land costs where purchase well prior to compulsory acquisition; out
of pocket holding costs and ‘loss of use of money’ arising from early purchase
of replacement property- whether “natural, direct and reasonable” consequence
of acquisition More...
McLeod v Berman (Retail Tenancies) [2010] VCAT 359
Retail tenancy, landlord’s re-entry for failure to pay rent and
outgoings, leaking roof, flooding allegedly causing ceiling collapse and damage
to electrical system, damages for early termination, alleged agreement to
release tenant from lease, fitness of the premises, mitigation by the landlord,
legal fees, costs, ss57 and 92 of the Retail Leases Act 2003 More...
Tzimas v Monash University (Retail Tenancies) [2010] VCAT 360
Costs, vexatious, tests for, conduct of proceeding, manner of
bringing proceeding More...
Computers & Parts Land Pty Ltd v Aust-China Yan Tai Pty Ltd
(Retail Tenancies) [2010] VCAT 36
Retail tenancies, interim order, whether the landlord might be
ordered to repair or in the alternative, pay damages More...
Long Lease Property Group Ltd v Darebin CC [2010] VCAT 356
Section 77 Planning and Environment Act 1987; Darebin Planning
Scheme; Seven storey apartment and mixed use building; Former industrial land;
Urban consolidation; Strategic redevelopment site; Neighbourhood character;
Building height and visual bulk; Overlooking; Traffic and car parking More...
Hearn & Anor v Moreland CC [2010] VCAT 339
Section 82 of the Planning and Environment Act 1987 decision to
grant a permit with conditions; application to be joined as a party dismissed;
application for review summarily dismissed for want of prosecution; application
for consent order based on previous parties all accepting amended plans and
conditions not granted More...
Gance v Monash CC [2010] VCAT 388
Planning and Environment Act 1987; section 149A;
characterisation of use; ePharmacy; chemist distribution centre More...
Queensland
Evans v LeasePlan Australia Pty Ltd [2010] QDC 144
Contract- breach of contract- conditions and terms of contract
to be read in context More...
Osaka Enterprises Pty
Limited v Seaview Pacific Pty Limited [2010] QSC 112
Contract – general contractual principles – offer and acceptance
– where the defendant granted the plaintiff a put option to purchase certain
land – where the plaintiff purported to exercise the put option but made an
error in the documentation – where the plaintiff later withdrew the erroneous
documentation and provided compliant documentation – whether the plaintiff’s
earlier purported exercise of the put option amounted to a counter-offer and
rejection of the defendant’s offer making the later exercise of the put option
invalid.
Contract – general contractual principles – offer and acceptance – where the parties agreed that upon the due exercise of a put option there would be a binding contract for the sale of certain land – where a special condition set out a further requirement for the existence of a binding contract for the sale of the land – whether a binding contract for the sale of the land existed when the put option had been duly exercised by the plaintiff but the special condition had not been fulfilled. Contract – general contractual principles – termination – where the form of contract for the sale of land subject to a lease provided that the defendant may terminate the contract if the particulars contained in the Lease Schedule were not accurate – where the particulars contained in the Lease Schedule were the subject of an amendment which was to take effect upon completion of the contract – whether the particulars contained in the Lease Schedule were accurate. Contract – general contractual principles – termination – where the form of contract for the sale of certain land provided that the defendant may terminate the contract if the land was affected by a proposal to modify any road or railway abutting the land – where future improvement to the transport network in the vicinity of the subject property was contemplated – whether the defendant was entitled to terminate in those circumstances. More...
Anderson v Department of Environment and Resource Management
[2010] QLC 0059
Valuation – Factors in valuation –presumption in favour of
correctness of valuation – grounds of appeal – evidence of stocking rates a
question of fact – classification of land – comparative sales - Valuation of
Land Act 1944 - Vegetation Management Act 1999 More...