Property & Projects 04 May 2011

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Latest news

National

Green tax incentives delayed
21 April 2011
The Property Council of Australia is disappointed the Australian Government will delay the implementation of its green investment incentive for retrofitting existing buildings, but welcomed the Government’s agreement to review the qualifying criteria and operational rules of the scheme. Allen Consulting Group research shows that a program to improve the energy efficiency of buildings can deliver more than 33 megatons of greenhouse gas (GHG) abatement by 2030
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Government Consultations extended for Tax Breaks for Green Buildings
20 April 2011
The Government announces further consultations will be conducted around the Tax Breaks for Green Buildings program to deliver the best outcomes for industry. The program is being developed to support businesses that invest in eligible assets or capital works to improve the energy efficiency of an existing building. The programme will come into effect on 1 July 2012
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National Wildlife Corridors Plan Advisory Group announced
12 April 2011
Environment Minister Tony Burke has announced members of an advisory group to inform the Gillard Government’s development of a National Wildlife Corridors Plan, to be chaired by former Environment Minister Bob Debus. The advisory group will consult with regional and community groups, landholders, environmental organisations, other governments and the private sector to inform development of a draft National Wildlife Corridors Plan
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Government to end Home Insulation Safety inspections
20 April 2011
The federal government has announced that inspections of insulated homes will end this year, with its review showing the risk of a fire had fallen to levels seen before the failed installation scheme. The Government will continue to undertake targeted inspections until the commitment to inspect a minimum of 150,000 homes with non-foil insulation is reached
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Land values soar, sales plummet
19 April 2011
Australia’s affordability crisis has shown no signs of improving, with new data showing residential land values continue to soar. According to the Housing Industry Association/ RP Data Residential Land Report, the volume of land sales plummeted last quarter, while the weighted average land value grew 4.1 per cent
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National Guide released for landlords cleaning drug lab residues
14 April 2011
Australia has released a step-by-step national guide to help landlords and local authorities clean up toxic residues left by illegal drug labs. The Federal Justice Minister said 70 per cent of labs were found in residential areas, and the number of drug labs dismantled by police had increased by 50 per cent over two years nationally
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National Wildlife Corridors Plan Advisory Group announced
12 April 2011
Environment Minister Tony Burke has announced members of an advisory group to inform the Gillard Government’s development of a National Wildlife Corridors Plan, to be chaired by former Environment Minister Bob Debus. The advisory group will consult with regional and community groups, landholders, environmental organisations, other governments and the private sector to inform development of a draft National Wildlife Corridors Plan

Water Commission slams restrictions, price caps
20 April 2011
The federal agency charged with reviewing national water pricing says many consumers are still not paying the real cost of water delivery. The National Water Commission recommends independent regulators, rather than state governments, should determine the prices set, and is calling for more flexibility for consumers, including the option to pay more to ensure that water is available for home gardens
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Punitive taxes on residential investors will be a disaster for new home supply
21 April 2011
The Federal Government would be making a serious mistake if it imposed punitive taxes on people investing in more than one rental property, according to the Urban Taskforce
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LNG firms don’t need help on carbon tax
12 April 2011
A call for liquefied natural gas to be exempted from a carbon tax has been undermined by evidence the industry would boom over the next decade even if it received no compensation, analysts say. Revisions have led to the industry being offered two-thirds of carbon permits free, plus $610 million in direct compensation
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Victoria

Developer of Williams Landing gets set for takeoff
19 April 2011
The developer of the $1.5 billion Williams Landing project is confident that the town centre planned at the heart of the development will become a major shopping destination in western Melbourne. Williams Landing, which has been designated as a new suburb with its own postcode, is being built on 275 hectares of land that was previously part of the RAAF Laverton base
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Recycled water plant commissioned for Melbourne’s west
19 April 2011
A new recycled water plant in Altona has the potential to save more than 2.5 billion litres of drinking water each year, reducing demand on Melbourne’s potable water supplies. Minister for Water Peter Walsh said up to nine million litres of Class A recycled water would be available for manufacturing and irrigation use each day from the commissioned $48 million plant.

Property Council urges levy system reform
18 April 2011
A new report, Development Contributions in Melbourne’s Growth Areas - Why Contributions are Escalating, examines the state of Victoria’s development contributions and their impact on housing affordability and land supply. The Property Council of Australia has proposed to reform the approach to development contribution plans (DCPs), with the release of a study
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New South Wales

NSW transport: radical overhaul to drive joined up planning, better outcomes
19 April 2011
Today’s announcement of a radical overhaul of New South Wales’ transport agencies will equip the State to deliver joined up planning and better transport outcomes says Infrastructure Partnerships Australia – the nation’s peak infrastructure body. “These reforms mean line agencies will be responsible for service delivery, while the central transport agency will be responsible for planning, policy reform and procurement
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NSW Government urged to green audit all its buildings
14 April 2011
The Green Building Council of Australia welcomes the O’Farrell Government’s timely approach to tackling many of the challenges facing NSW, but notes that an environmental audit of every building the NSW Government owns or occupies is missing from the 100 Day Action Plan.

Queensland

Origin keeps heat on carbon debate
21 April 2011
The country’s biggest coal seam gas operator Origin Energy edged closer to hitting the go button on a massive $30 billion LNG project in Queensland, a move that will keep the heat on the carbon tax debate and put the spotlight back on the coal seam gas sector
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Property developer to pay for loss of views
14 April 2011
In a Supreme Court judgment, a developer has been ordered to pay more than $500,000 in compensation to the owners of penthouses at a Sunshine Coast unit block whose view was blocked after they bought it off the plan. The case is seen as a major precedent for off-the-plan sales
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RiverCity collapse may take a turn after class action
14 April 2011
Litigation funder IMF will bankroll the class action and alleges that Aecom’s statements in the PDS were misleading and deceptive and failed to provide investors with full information about another set of traffic figures it compiled on the project 18 months earlier. The case will be a landmark as it is the first time a traffic forecaster has become the target of a class action
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Building caps deliver king hit to jobs
12 April 2011
Queensland Premier Anna Bligh announces new reforms setting maximum charges for trunk infrastructure, which includes water, sewerage, storm water, roads and parks. The Premier also announced a moratorium on the collection of local function charges for the use of state roads, and deferred payments whereby developers can pay charges at settlement rather than at the beginning of the planning process
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Practice notes/directions

Commonwealth

Environment Protection and Biodiversity Conservation Act 1999 - Amendment to List of CITES Species (07/04/2011)
This instrument amends the Environment Protection and Biodiversity Conservation Act 1999 - List of CITES Species for the Purposes of the Act (29/11/2001) to reflect two amendments to the Convention on International Trade in Endangered Species of Wild Fauna appearing in CITES Notification 2011/012 (20/04/2011) http://www.comlaw.gov.au/Details/F2011L00622

New South Wales

NSW General Exempt Development Code - Expansion to include signage - closes 06-May-2011

Queensland

Local Government Infrastructure charges reform
12 April 2011
Changes to local government infrastructure charges on new developments in Queensland as part of the State Government’s a building revival plan for Queensland, are proposed to come into effect from 1 July 2011. The Government has also agreed to extend the current 30 June 2011 deadline for the adoption of Priority Infrastructure Plans to 31 December 2011
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Queensland Coastal Plan released
The Queensland Government has released the Queensland Coastal Plan with new laws to strengthen protection of coastal land from future urban development. It is scheduled to commence early in the third quarter of 2011. The existing State and Regional Coastal Management Plans will remain in force until the formal commencement of the Queensland Coastal Plan Queensland Coastal Plan.

South East Queensland Growth Management Program Annual Report 2010 and Development Assessment Monitoring Report
The government has released two reports that provide valuable information to be used to promote an efficient development assessment system in Queensland and ensure there is enough dwelling and land supply for South East Queenslanders

SEQ Growth Management Program Annual Report 2010
Development Assessment Monitoring and Performance Program Report

Board for Urban Places publications now available online
The Board for Urban Places’ annual report and the board’s charter are now available to download from the department’s website. The annual report outlines the board’s achievements in its inaugural year, while the Charter for Queensland Places is being used by the board as the basis to provide advice and feedback on government projects. It can also be used as a guide for all Queenslanders who shape our environment and who seek to make, use or understand Queensland places.

Articles

Queensland

Final Report: Infrastructure Charges Taskforce March 2011
Author: Infrastructure Charges Taskforce
Recommended reform of local government development infrastructure charging arrangements (12 April 2011).

Legislation

Victoria

Acts Assented to

No. 8: Regional Growth Fund Act 2011
Assent: 12/04/2011 SG (No. 117) 12/4/2011 p. 1 Commencement: NYP Not yet in operation: Ss 1-17, Sch. 1 - An Act to provide for a fund to be called the Regional Growth Fund to be established in the Public Account as part of the Trust Fund, to amend the Regional Development Victoria Act 2002, to repeal the Regional Infrastructure Development Fund Act 1999 and to make a consequential amendment to the Parliamentary Committees Act 2003 and for other purposes

Victorian legislation online: www.legislation.vic.gov.au

Queensland

Acts as passed

No 9 Body Corporate and Community Management and Other Legislation Amendment Act 2011
(14/04/2011) This Act amends the Body Corporate and Community Management Act 1997 to provide a new lot entitlements system and to establish simplified management arrangements for residential community titles schemes containing only two lots, and make consequential amendments to the Queensland Civil and Administrative Tribunal Regulation 2009 and the Queensland Civil and Administrative Tribunal Rules 2009.

No 11 North Stradbroke Island Protection and Sustainability Act 2011 (14/04/2011)

This Act is to substantially end mining interests over land in the North Stradbroke Island Region by the end of 2019, and end mining in the region in 2025 (a) to protect and restore environmental values of the region; and (b) to facilitate, under other Acts, the staged creation of areas to be jointly managed by the State and the traditional owners of the region.

Cases

Victoria

Hobsons Bay City Council v Gibbon & Ors [2011] VSC 140

Equity - Estoppel – Proprietary estoppel – Encouragement and standing by – Claims for irrevocable licences over municipal land – Persons encouraged to build boatsheds in fishing village on municipal land 45 years before – Numerous subsequent transfers – Current occupiers unable to establish that predecessors had reasonable expectation of permanent tenure induced by conduct of Council – Subsequent payments and improvements insufficient to establish irrevocable licences or other equities – Estoppel claims also confronted by statutory provisions – Estoppel claims not made out – Local Government Act 1958 (as amended from time to time) ss 3, 8, 236, 237, 238, 239, 240A; Local Government Act 1989 ss 189, 190, 191, 192 More...

MBF Investments Pty Ltd v Nolan [2011] VSCA 114

Mortgages – Statutory power of sale – Transfer of Land Act 1958, s 77(1) – Scope of mortgagee’s duty – Pendlebury v The Colonial Mutual Life Assurance Society Ltd [1912] HCA 9; (1912) 13 CLR 676; Hawkesbury Valley Developments Pty Ltd v Custom Credit Corporation Ltd [1995] NSW Conv R 55-731, considered – Property sub-divided after default – House situated on one lot – Whether mortgagor had ‘home occupation interest’ – Relevance of international instruments to interpretation of statutory duty – Fair market value obtained at auction – Order of sale of lots contrary to wishes of mortgagor – Sale not causative of any loss. Contract – Construction – Exclusion clause – Deed of settlement – Limitation of duty owed by mortgagee to have regard to particular interest when exercising statutory power of sale – Waiver of any liability arising from exercise of power. Damages – Breach of duty owed when exercising statutory power of sale – Transfer of Land Act 1958, s 77(4) – Nature of remedy – Measure of loss and damage – Increase in value of properties wrongfully sold More...

Horsfall v Northern Grampians Shire Council (Land Valuation) [2011] VCAT 594

Land Valuation List; Land used for cropping and grazing; Whether properly classified by respondent shire council as not qualifying for concessional farm rate; Minimum allotment area for such land included in the terms of the differential rating scheme; Propriety of differential rating scheme as distinct from accuracy of classification not subject to review by Tribunal in present proceeding More...

Queensland

Izard v Cairns Regional Council [2011] QCAT 085

Application for review under Local Government Act 1993 – amendment to land record – person dissatisfied may apply for review. Australand Land and Housing No 5 (Hope Island) Pty Ltd v Gold Coast City Council [2006] QSC 332 Leagrove Pty Ltd & Ors V Gold Coast City Council [2010] QSC 370 Shanvale Pty Ltd v Council of the Shire of Livingstone [1999] QCA 483 More...

Wroxall Investments Pty Ltd v Cairns Regional Council (No 2) [2011] QPEC 058

Minor change - following the appellant developer's and Council's resolving many issues, the court gave reasons for the rejection of a proposed vehicular link through the development site to join the northern and southern sections of a town - agreement was then reached upon suitable redesign of the proposed internal roads and the correct credit for "park contributions" - some lots changed in size (in particular a large 5000m lot was reduced to 3170m and relocated) - the development was for the first time proposed to be staged More...

Orchid Avenue Realty Pty Ltd t/a Ray White Surfers Paradise v Abdul [2011] QDC 047

Summary judgement for commission awarded to plaintiff real estate agent which had an 'exclusive agency" entitling it to commission on a sale, although it may not have been the effective cause of the sale and allegedly acted contrary to the defendant clients' interests More...

Theuerkauf v Valuer-General [2011] QLC 0028

The amount of the valuation is reduced to $120,000 in order to determine the same correctly. Valuation of Land Act 1944, ss 33, 45, 66; Land Valuation Act 2010, s.269.

Goodwin v Valuer-General [2011] QLC 0027

The appeal is dismissed. Valuation of Land Act 1944, s.33 Land Court Act 2000, s.7 - Presumption of correctness of valuation – sales evidence – comparable sales – relativity – expert evidence More...

Contact details

Melbourne

Chris Lovell, National Managing Partner
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Lou Farinotti, Managing Partner - Melbourne
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Helen Scott, Partner
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Robina Kidd
Partner
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Robert Moses
Partner
T: +61 (0)2 8083 0422
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Steve Aitchison, Partner
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Margot Sharpe, Partner
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Lisa Cody, Partner
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Sydney

Richard Abbott, Partner
T: +61 (0)2 8083 0421
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Neville Allen, Partner
T: +61 (0)2 8083 0488
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Carolyn Chudleigh, Partner
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Brisbane

Michael Byrom, Partner
T: +61 (0)7 3135 0616
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Brian Healey, Partner
T: +61 (0)7 3135 0682
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Disclaimer

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.