what’s news in construction & infrastructure?

latest news 15 october 2008

Commonwealth

Tough cop on the beat must stay
9 October 2008
Master Builders Australia, the peak body for the Australian building and construction industry has welcomed the release of a Discussion Paper by Murray Wilcox QC into the replacement for the Australian Building and Construction Commission (ABCC). more...

Construction crashes 7th month in a row
7 October 2008
Substantial falls in commercial and apartment building activity are the primary drivers behind the construction industry spending its 7th consecutive month in the red. September's Australian Industry Group – Housing Industry Association Performance of Construction Index (Australian PCI®) posted a reading of 31.8 to remain below the key 50-points level separating expansion from contraction, with sizeable reductions in work on apartment and commercial developments during September and the persistent weakness in house building activity. more...

Development projects stall as banks close doors
2 October 2008
Large property development projects across the country are set to stall in coming months as banks tighten lending requirements in response to the global credit crunch. The stricter lending policies employed by the major banks could see up to $4 billion worth of planned infrastructure projects scrapped in NSW, while in the ACT, a $250 million upgrade at Canberra International Airport was shelved this week because of the growing uncertainty in the financial sector. more...

Infrastructure fund is safe, Rudd claims
2 September 2008
The Rudd Government says its Building Australia Fund will weather the financial storm, as state governments project a decline in infrastructure spending and is well-placed to follow through on its infrastructure commitment, rejecting reports it will consider selling bonds to fund what it deems vital nation-building projects. The Rudd Government's optimism, however, is not being shared by Victoria and NSW. more...

Infrastructure funding must stack up: Rudd
7 October 2008
The Government's arms-length assessment body, Infrastructure Australia, will use Key assessment criteria to develop its priority list to be delivered next year. These include how the project: expands productivity capacity; builds national global competitive advantages; develops cities and regions; reduces greenhouse gas emissions; and improves quality of life. Rudd says Infrastructure Australia's recommendations will highlight which projects are top priorities and highlighted the importance of public-private partnerships. Last week governments endorsed a report on new national PPP guidelines for Infrastructure Australia in funding decisions. more...

Victoria

Victoria's building permit activity eases
30 September 2008
Victorian building permit activity has eased minimally following 5 years of record building activity levels. Releasing the Building Commission's pulse statistics today, Building Commissioner, Tony Arnel, said building permits issued in the 2008-09 financial year to August have totalled $3.5 billion, an easing of 1.0% on the previous financial year. more...

Water strategy spurns channel
2 October 2008
The missing link in Victoria's statewide water grid will remain on the back burner as the State Government releases its draft 50-year water strategy for northern Victoria. more...

New South Wales

$200K mine fine a big safety warning: union
30 September 2008
The coal miners' union says a big fine issued to a New South Wales Upper Hunter mine owner should be a warning to others tempted to neglect their occupational health and safety obligations. more...

Coke cleared to pump extra water, court rules
4 October 2008
Coca-Cola has won a court victory to pump up to 66 million litres of water from Mangrove Mountain on the Central Coast to supply their bottled water. The Land and Environment Court ruled that the company could extract the water on a trial basis, but some landowners and environmentalists are upset that the company has been allowed to take more water while others cannot. more...

Two consortia shortlisted to build desalination plant
4 October 2008
The Brumby Government has released a shortlist for the design, construction, financing, operation and maintenance of Victoria's Desalination Plant Project. The desalination plant, the largest in Australia, will be delivered as a Public-Private Partnership, which includes construction and operation of the desalination plant, an 85kilometre transfer pipeline, delivery of power supply for the project and the purchase of renewable energy. more...

New NSW political donations laws come into force
1 October 2008
New NSW laws compelling developers to disclose political donations have come into force - 7 months after Wollongong Council was sacked over the cash-for-developments scandal. The laws require political donations and gifts to be made public when lodging or commenting on a development proposal. more...

Queensland

Qld housing estate residents sue governments
3 October 2008
A class action is being launched against the Queensland Government and the Ipswich City Council by residents of Collingwood Park who say their homes have been damaged because of mine subsidence. Lawyers for the residents say both the State Government and Ipswich City Council allowed developments to proceed despite being aware of the risks. more...

RoadTek awarded road maintenance contract
1 October 2008
The Queensland Government's construction arm RoadTek has been awarded the contract to maintain a number of major freight and road corridors in south-west Queensland. Main Roads awarded the $1.1 million contract to RoadTek, which will complete a number of maintenance works. Federal Minister for Infrastructure and Transport Anthony Albanese says the contract will help maintain vital key roads in the region. more...

Safety levy for mining, quarrying and explosives industries
1 October 2008
The Queensland Government will start charging mining, quarrying and explosives operations a Safety and Health Levy on 1 October 2008. According to the government, the fee covers safety and health services provided by the state to the industries. more...

Other

Green light for Binningup desal plant

6 October 2008
The Environmental Protection Authority has given the green light for Western Australia's second seawater desalination plant, at Binningup, north of Bunbury. The billion dollar plant, which is scheduled for completion in 2011 will have the capacity to generate 100 gigalitres of water each year. more...

Libs take court action over power station documents
29 September 2008
The Canberra Liberals have taken the ACT Government to court in a pre-election bid to pressure the Chief Minister to release documents related to the decision to build a power station in Tuggeranong. more...

Tunnel breakthrough on congestion busting Busway
29 October 2008
Tunnel boring at the Boggo Road Busway has been completed marking a major milestone for the congestion busting project. The new link in the busway network - along with the recently opened $333 million Inner Northern Busway - will mean that buses can travel from the centre of the city to the University of Queensland without travelling on a normal road freeing up routes like Coronation Drive. more...

Wyaralong dam a step closer
8 October 2008
Deputy Premier Paul Lucas has welcomed the Coordinator-General's recommendation that the $333 million Wyaralong Dam near Beaudesert is able to proceed. Mr Lucas said Coordinator-General Colin Jensen was satisfied the dam could be built, subject to the conditions outlined in his evaluation report. The Coordinator-General's evaluation report is on the Department of Infrastructure and Planning website www.dip.qld.gov.au more...

Tenders called for Great Northern Highway improvements

1 October 2008
Tenders have been called for the construction of the final stage - Section 1A - of the $66.2 million federally funded upgrade of the Great Northern Highway between Lennard Street and Muchea. Section 1A: Lennard Street to Haddrill Road - tenders called. Section 1B: Haddrill Road to West Swan - under construction. more...

publications/conferences

NSW: Final Occupation Certificates
Author: Rigney, John
Source: Essential Matters, October 2008
Subject: A final occupation certificate must be issued by a principal certifying authority (PCA), whether it is the consent authority or an accredited certifier, at the completion of the building works for the building to have legal and lawful occupation. more...

Queensland Development Code
Author: Rowlands, Kylie
Source: Essential Matters, October 2008 It is important for clients to understand that complying with the Building Code of Australia may not be the only requirement for new buildings or when alterations are carried out. more...

Informationless
Author: Chaplin, Bruce
Source: Essential Matters, October 2008
Subject: There is an ever growing gap between the information provided by the builder and the information required by the maintenance manager of a new facility more...

legislation

Occupational Health and Safety (Safety Standards) Amendment Regulations 2008 (No. 1)
Legislative Instrument - F2008L03614 Number: SLI 2008 No. 201. These Regulations amend the Occupational Health and Safety (Safety Standards) Regulations 1994 to implement the National Standard for Licensing Persons Performing High Risk Work and remove any doubt about the operation of certain State and Territory OH&S laws relating to licensing high risk work. Date Registered: 08/10/2008. more...

New high risk work regulations come into effect
9 October 2008
The Occupational Health and Safety (Safety Standards) Amendment Regulations 2008 (No. 1), which commence on 9 October 2008, updates Part 2 of the Occupational Health and Safety (Safety Standards) Regulations 1994 to implement the National Standard for Licensing Persons Performing High Risk Work. The regulations also clarify that certain State and Territory occupational health and safety laws relating to licensing high risk work are preserved to ensure that State and Territory licences and certificates to perform high risk work are recognised under the Occupational Health and Safety Act 1991 and Regulations. more...

New South Wales State Environmental Planning Policies
State Environmental Planning Policy (Major Projects) Amendment (Freeway North) 2008

cases

Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd [2008] NSWCA 228
Contract - Cost-plus contract - Authorised subcontractor - Where subcontractor a related company - Cost of services by subcontractor - damages - Claim in tort of deceit and misleading conduct - Loss pursuant to contract only -Relevance of contractual loss to breach of tort or statute - practice and procedure - Referees' report -Review and adoption of report - Exercise of discretion - Appeals - Principles to be applied.

The Owners Strata Plan 57504 v Building Insurers' Guarantee Corporation [2008] NSWSC 1022
Insurance - Home Building Act 1989 - statutory insurance - policy provided indemnity for loss where notification is made within 6 months of indemnified party becoming aware of such loss, but not after the expiry of the 7 year period - whether policy complied with Act - successors in title entitled to benefits of statutory warranties. Damages - residential building contract - loss arising from construction not in accordance with contract, plans and specifications - rectification - remedial work must be necessary to produce conformity with the contract and reasonable in the circumstances. Practice - referee's report - variation - referee's findings should not be re-agitated in court where conclusion open to the referee on the evidence - whether referee forms an interim or tentative view and proposes to change that view, natural justice requires the parties be informed.

Total Development Supplies Pty Ltd v GRD Building Pty Ltd No 2 [2008] FCA 1501

GRD's cross-claim against Total has been made under the terms of a Standard Minor Works Sub-Contract ('the sub-contract') for the supply and installation of work and materials by Total (as the sub-contractor) to GRD (as the head-contractor) for a building project in Darwin. - Judgment is entered for GRD Building Pty Ltd, the cross-claimant, against Total Development Supplies Pty Ltd, the cross-respondent in the sum of $1,366,977.72.

Zurich Specialities London Ltd v Thiess Pty Ltd [2008] NSWSC 1010

Insurance - building and construction industry security of payment act 1999 - construction of insurance policy - provision requiring insured to take reasonable precautions to safeguard subject matter insured from loss or damage - whether such provision is a construction contract between the insured and insurer.

Alfred v Wakelin (No. 1) [2008] FCA 1455

Industrial law - unlawful industrial action - admissions of contravention of s 38 of the Building and Construction Industry Improvement Act 2005 (Cth) by first and eighth respondents - appropriate orders for contravention - penalty.