A policy puddle
12 April 2008
Industrial and agricultural consumers say they are rattled by the stream of high-level reports highlighting policymakers' inability to implement water reform this decade. Some business groups are concerned investment opportunities will be marooned with bureaucratic rhetoric and devoid of water security. The Murray Basin Plan would not be complete until 2011, dashing the hopes of those stakeholders that need water security now. Water prices could rise by as much as 4 times by 2012 when proposed desalination plants and other water infrastructure such as long distance pipelines, water recycling and treatment projects start pumping. more...

9 April 2008
Water Minister, Tim Holding, has welcomed the release of the Victorian Auditor-General’s performance audit on Planning for Water Infrastructure in Victoria. The report highlights the Victorian Government’s performance at selecting, prioritising and monitoring state-wide and regional water infrastructure projects. Mr Holding said the Government would adopt all recommendations from the Auditor-General and will implement them.  

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Dodgy builder convicted of 23 breaches of law
3 April 2008
Victorians undertaking domestic building work or renovations should ensure they only use registered builders and always enter into formal contracts, Director of Consumer Affairs, David Cousins, has warned.  Dr Cousins said “last financial year, Consumer Affairs Victoria (CAV) prosecuted 34 builders who received more than $400,000 in fines, and paid nearly $190,000 in costs and compensation”.  He cited the case of unregistered Craigieburn builder, Graeme Ford, who breached Domestic Building Contracts Act (DCBA) and the Fair Trading Act (FTA) on 23 counts. more...

Activists development jitters
2 April 2008
Community campaigners are losing hope in the fight to save their suburbs. Planning Minister, Justin Madden, has signaled he is prepared to step in for developers in more planning battles. The warning follows Mr Madden's interference in a Victorian Civil and Administrative Tribunal case last year. It comes as the Government moves to restrict residents' rights to object at VCAT.   more...

Site chosen for $15million Sunbury Day Hospital
2 April 2008
The Brumby Government has announced the site for the new Sunbury Day Hospital, the first step in a $15 million plan to improve health facilities in the rapidly expanding region. Health Minister, Daniel Andrews, said “the facility will be built on a one-hectare site in Macedon Street and will be operated by Western Health”. more...

Government seeks Victorian’s views on east-west report
2 April 2008
The Premier, John Brumby, has called for Victorians to have a say on an independent transport report, which recommends major rail and road upgrades to improve east-west travel across Melbourne. Public submissions and comments will be considered as part of a formal Government response later in the year. Mr Brumby said the 2 main recommendations in Sir Rod’s report, Investing in Transport, were: building a 17km rail tunnel linking Melbourne’s western and south eastern suburbs, and an 18km road corridor that provides an alternative to the West Gate Bridge.  

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Batchelor: Victorian Carbon Capture Project heralds era of climate change solutions
2 April 2008
The world-class carbon dioxide storage project launched today at Nirranda in Victoria’s southwest, has put the international spotlight on the state’s climate change research. The success of this project is expected to provide major long-term benefits for the Latrobe Valley, where industry and the surrounding community are very closely linked to brown coal electricity generation. The launch of the Otway Project is a major step forward in increasing our knowledge in technology, regulatory framework and community consultation processes associated with CCS. For more information about the Otway Project.   more...

New South Wales

3 April 2008
On 3 April 2008, the NSW Government released 2 draft exposure Bills, outlining wide-ranging improvements to the State's planning system.   more...

Consultation or Exposure Bills

Building Professionals Amendment Bill 2008 Environmental Planning and Assessment Amendment Bill 2008 The mad rush to decarbonise: Ross Garnaut's unmeetable challenge Author: Evans, RaySource:  Quadrant, Vol 52(3): March 2008; pp5257 Subjects:  Garnaut, Ross; Greenhouse effect; Australia overseas comparisons

Safety - A new look at construction scaffolding  Source: Construct: April 2008

Sustainability - Planned maintenance and construction Source: Construct: April 2008

The environment and its influence on the law Author:  Crennan, Susan M Source:  Australian Law Journal, Vol 82(3): March 2008; pp169-179

Towards Urban Water Reform: Discussion Paper Author:  Productivity Commission of Australia: March 2008 The paper acknowledges that the issues are complex to resolve, nevertheless, finds that reform should include allowing a greater role for prices to signal water scarcity and allocate resources, and removing barriers to competition.   more...

2008 BCA Seminars – Presentation Slides now available
10 April 2008
The presentation slides from the 2008 BCA Information Seminars held in early 2008 are now available for download.   more...

Water supply sub-meter requirements
8 April 2008
Clarify water supply sub-meter requirements in community titles and buildings with community bulk hot water services.   more...

Amendments to the Queensland Development Code (QDC)
8 April 2008
Amendments to Queensland Development Code mandatory parts 2.1 Fire Safety in Budget Accommodation Buildings and MP 2.2 Fire Safety in Residential Care Buildings.   more...

New construction safety rules from 1 July 2008
Victoria has introduced new safety regulations for the construction industry which will apply from 1 July 2008. In Victoria, health and safety in the construction industry has been regulated through the OHS Act and a number of hazard-specific regulations, such as those for falls prevention and plant, but not through construction-specific regulations.  The new requirements, which are consistent with the National Standard for Construction Work, build upon industry’s existing safety practices by setting out specific OHS responsibilities for principal contractors, employers, workers and self-employed people.  more...

Are you ready for an inspector to check plant operator competency at your workplace?

Workplace Health and Safety Queensland is inviting employers to attend a licensing seminar to gain tips on how to ensure their workplace passes WHSQ inspection in 2008. The seminars will be held from February to April 2008 and form part of a State-wide education program following recent changes to training and assessment requirements for people wishing to obtain licences to operate and use particular plant and equipment. To register your interest in a 2008 seminar or for more information on changes to occupational licensing requirements, visit the 'Alerts and announcements' section on www.deir.qld.gov.au. more...

Masterton Homes Pty Limited v Palm Assets Pty Limited & Ors [2008] NSWSC 274

Contract - construction and interpretation of contracts - equity – rectification.  General principles - Requirement of clear and convincing proof of a common intention inconsistent with the words deliberately employed - evidence - admissibility of post-contract communications - admissibility of post-contract admissions - distinction between evidence admissible upon construction of contract as opposed to rectification

- contract under consideration set out in undertaking given to the Court - onus of proof. 

Building and Construction Industry Security of Payment Act 1999 (NSW); Home Building Act 1989 (NSW).

Metricon Homes Pty Ltd v Barrett Property Group Pty Ltd [2008] FCAFC 46

Copyright - copyright in plans and drawings of project homes and houses built to their design - infringement - s 14(1) Copyright Act 1968 (Cth) - "substantial part" - meaning - quality rather than quantity - whether work copied was a substantial part of the work in suit - whether sufficient similarity - role of appellate Court in relation to primary judge’s factual findings. Held: primary judge’s findings upheld - appeal dismissed.