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what’s news in construction & infrastructure?

latest news 17 september 2008

Commonwealth

Drier 'new reality' to cost nation $30 billion to hydrate

3 September 2008
An unprecedented $30 billion will be spent on new water infrastructure for cities over the next decade according to the latest Water Services Association of Australia annual report card. This will include investment of around $5 billion in replacing old and poorly performing assets and around $2.7 billion in maintaining current assets. more...

New home lending at 5½ year low
9 September 2008
HIA, Australia’s largest building industry association, said that home lending fell for the sixth consecutive month in July, highlighting the urgent need for further interest rate cuts. more...

Unions and watchdog ABCC at war
3 September 2008
Hostilities between the building industry watchdog and unions are set to reignite, with a unionist due to face court on charges of assaulting and threatening to kill 2 construction commission inspectors. more...

Victoria

Corporations could control state's watercapital

5 September 2008
Private companies may win control of Victoria's existing public water assets as part of the deal to build the new desalination plant at Wonthaggi. Water Minister Tim Holding refused to rule out speculation that existing assets - beyond the desalination plant - could shift into private hands as part of the complex deal. more...

Federal Govt calls for submissions for infrastructure fund

31 August 2008
The Federal Government and its infrastructure advisory group are calling for public submissions about the sorts of projects which should be developed. Infrastructure Australia is the body which will administer the government's $20 billion fund for road, rail, broadband and other infrastructure projects. more...

Call for construction watchdog powers to be strengthened

10 September 2008
Abolishing the construction industry watchdog would be akin to taking alcohol breath-testing powers away from police, resource sector employers say. more...

Monthly building approvals fall 2.3pc

2 September 2008
There has been a bigger than expected fall in building approvals as higher interest rates continue to deter potential home builders. more...

Seawater sampling plant contract awarded

4 September 2008
$5 million in new contracts for preliminary works investigating offshore drilling and construction of a seawater sampling plant for Victoria's Desalination Plant have just been announced in addition to $17 million in works already underway at the site near Wonthaggi. more...

New South Wales

NSW Government approves new tourist facility for Bega Valley

3 September 2008
The Iemma Government has approved a concept plan for a new $55 million mixed tourist and residential development at Cattle Bay on the South Coast, including an increased setback from the foreshore to boost public access. more...

Scaled-down plans approved for Catherine Hill Bay
3 September 2008
The Iemma Government has approved scaled-down plans for a residential subdivision at Catherine Hill Bay and Gwandalan on the NSW Central Coast from 60 to 58 hectares, and included the transfer of about 305 hectares into public ownership, stretching from Moonee Beach to the shores of Lake Macquarie. more...

Cranbourne's Brookland Greens residents may sue over methane
12 September 2008
Cranbourne residents may launch legal action after being told to consider abandoning their homes due a methane gas leak. Law firm Slater and Gordon practice group leader Ben Hardwick said his firm had received inquiries from homeowners from the Cranbourne estate about initiating a class action based on compensation against the local authorities who operate the landfill site. Other parties, including the Victorian government and the property developer, could also be targeted in the lawsuit. more...

Mirvac shelves Melbourne housing plans
11 September 2008
Mirvac has shelved a billion-dollar housing development because the Victorian Government refuses to change Melbourne's controversial urban growth boundaries. Mirvac and Malaysian partner Jayaland Corporation had planned 6500 homes for an estimated 35,000 residents on former Defence Department land at Rockbank on Melbourne's western fringe. But in a major setback for the developers, the Brumby Government is standing firm against the lifting of development restrictions on the 737ha site, which is a designated green wedge. more...

Councils urge new Water Minister to mimic Rees
11 September 2008
New Water Minister Phillip Costa should immediately rule out removing control of local water utilities from councils, says the Shires Association of NSW. more...

Greens cast doubt over Budget blow-out
10 September 2008
The NSW Greens say new private investment in electricity shoots a hole in the Govt's budget blowout claim. Treasury officials informed the Premier, Nathan Rees, that NSW is facing a $1 billion revenue shortfall, despite June Estimates forecasting a small surplus of $268 million. more...

Queensland

Carbon capture project to help tackle climate change

9 September 2008
A Queensland project will see the installation of a post-combustion capture (PCC) pilot plant at Tarong Power Station, 45km south of Kingaroy designed to capture 1500 tonnes per annum of CO2 from the power station. This APP project involves trials at several power stations, including Tarong, a pilot plant installation (based on ammonia) at Delta Electricity's Munmorah power station on the NSW Central Coast and the establishment of a pilot plant at Gaobeidian Power Station in Beijing. The PCC pilot plant at Tarong is an integral part of the Asia Pacific Partnership on Clean Development and Climate (APP) program's PCC Flagship Project. more...

Council 'loses' $5m in developers' fees
3 September 2008
Brisbane City Council has missed out on at least $5 million in developers contributions since 2001 because of an inadequate computerised tracking system. In some cases, community groups apply to councillors and then to Brisbane City Council itself. It has been revealed there is no formal policy on how Brisbane City Council awards grants. more...

Developers hit back at land banking claims
11 September 2008
The Urban Development Institute of Australia has hit back at claims that developers are manipulating the market by land banking and drip feeding land supply to buyers. The UDIA is placing the blame squarely on the shoulders of local governments - stating that infrastructure charges and council delays are holding up some master-planned communities for up to 10 years. more...

Minister says no to Shoalwater Bay rail and port
5 September 2008
Environment Minister Peter Garrett has acted to preserve the unique biodiversity values at Shoalwater Bay north of Rockhampton in Queensland, rejecting a proposal by Waratah Coal Inc. to establish a rail line and coal port in the Shoalwater Bay Training Area. The Minister has found the proposal to be 'clearly unacceptable' under the Environment Protection and Biodiversity Conservation Act 1999. more...

Health dollars for Cairns, Mackay and Mt Isa as Airport Sale Bill passes Parliament
11 September 2008
Major expansions and redevelopments of the Cairns, Mackay and Mount Isa hospitals are one step closer after airport lease and sale legislation was passed in State Parliament. Treasurer Andrew Fraser said the Airports Assets (Restructuring and Disposal) Bill would enable the Government to lease Cairns and Mackay airports and sell its remaining interest in Brisbane Airport. more...

Queensland Government urged to developindependent land monitor
11 September 2008
The Queensland Property Council has called on the State Government to establish an independent land monitoring authority that could settle the row between the Urban Development Institute and the Local Government Association (LGAQ) over whether the industry is holding back the supply of land for sale. The Institute this week released a study that found so-called 'land banking' is taking place, but the LGAQ has dismissed the findings. more...

Other

CLP resurrects Qld-Darwin power line plan

9 September 2008
Country Liberals member Dave Tollner has resurrected a CLP proposal for a 3,000-kilometre power line linking Darwin to the eastern seaboard power grid. more...

publications/conferences

Value for money in PFI proposals: a commentary on the UK Treasury guidelines for public sector comparators Author: Coulson, Andrew
Source: Public administration, 2008; Vol. 86 (no. 2): pp483-498
Subjects: Cost benefit analysis; Great Britain; Infrastructure; Public private partnerships; Overseas item; Risk management

Challenges for desalination in Australia
Author: Fanning, Shelly
Source: Local Government Law Journal, February 2008; Vol. 13 (no. 3): pp192-208
Subjects: Desalination; Environmental impact assessment; Federal state relations; Siting of facilities; Interstate comparisons; Legislative instruments

Assessing the benefits of improved windloading construction standards in tropical cyclone prone areas of Australia
Source: Australian Building Regulation Bulletin, Winter 2008: pp49-54

Communication between the Royal Institution of Chartered Surveyors (RICS) and the Australian Institute of Building Surveyors (AIBS)
3 September 2008
New agreement between the Australian Institute of Building Surveyors (AIBS) and the Royal Institute of Chartered Surveyors (RICS) to provide better recognition of RICS-accredited building certifiers in Australia. more...

NSW: New membership to the BuildingProfessionals Board
On 3 September 2008, the Minister for Planning announced the new membership of the Building Professionals Board (the Board), which is established under the Building Professionals Act 2005 (the Act). The new Board replaces the original Board that was appointed when the Act commenced in March 2007. more...

legislation

Queensland

Regulations

Workplace Health and Safety Regulation 2008. This regulation replaces the Workplace Health and Safety Regulation 1997. It commences on 1 September 2008.

Victoria

Acts
Building Amendment Act 2008

New South Wales
State Environmental Planning Policies
State Environment Planning Policy (Major Projects) 2005 (Amendment No 26)

cases

Flora trading as Flora Constructions v Budget Demolition & Excavation Pty Ltd [2008] NSWSC 888
Contract - breach of contract - assessment of damages - no question of principle - Associations Incorporation Act 1984.

J Q Investments Pty Ltd v ZS Constructions (NSW) Pty Ltd [2008] NSWCA 203
Stay pending appeal - Building and Construction Industry Security of Payment Act 1999. Held: While it cannot be said there is no risk of prejudice to the appellant, having regard to the principles stated in the judgment, there is no sufficient basis for the grant of a stay in the context of these proceedings. Legislation cited: Building and Construction Industry Security of Payment Act 1999 (NSW). more...

Perform (NSW) Pty Limited v Mev-Aus Pty Limited trading as Novatec Construction Systems & Anor [2008] NSWSC 858
Building and Construction Industry Security of Payment Act 1999 (NSW) - whether section 14(3) of the Act permits incorporation by reference into a payment schedule - whether respondent's payment schedule indicated, within the meaning of s14(4) of the Act as reasons for withholding payment, the reasons contained in an anterior payment schedule - whether the Adjudicator made an error of a character that was within his jurisdiction - whether the Adjudicator's findings constitute a failure by the Adjudicator to comply with the requirements contained in s22(2)(d) of the Act - whether Adjudicator denied natural justice - whether the Adjudicator failed in good faith to exercise the power to make an adjudication.

Peter's of Kensington v Seersucker Pty Limited [2008] NSWC 897
Building and engineering contracts - whether contract for provision of architectural services was a construction contract - whether payment claim complied with requirements of s13(2) Building & Construction Industry Security of Payment Act 1999 - whether adjudicator's decision on sufficiency of information in payment claim is open to review.

J Hutchinson Pty Ltd v Galform Pty Ltd & Ors[2008] QSC 205
Procedure - Procedural matters - Whether the second payment claim, adjudication application and adjudication were an abuse of process. Held: The second payment claim, adjudication application and adjudication were oppressive and therefore an abuse of process. The adjudication decision made by the third respondent on 8 August 2008 is void and of no effect. Order that the respondents be restrained from proceeding further with the adjudication or with the issue of a certificate pursuant to it. Legislation cited: Building and Construction Industry Payments Act 2004 (Qld) s9, s19. Judicial Review Act 1991(Qld). Supreme Court Act 1995 (Qld) s48. Supreme Court Regulations 1998 (Qld) s4. more...

Kambarbakis v G & L Scaffold Contracting P/L [2008] QCA 262
Limitation of actions - postponement of the bar - extension of period - cause of action in respect of personal injuries - knowledge of material facts - material facts of decisive character - where appellant suffered injury to neck after falling from scaffolding on 12 December 2003 - where appellant sought medical advice relating to his injury, and found himself unable to work on many occasions - whether there was a material fact of a decisive character beyond the means of knowledge of the defendant prior to the relevant day, being 12 December 2005. Appeal and new trial - right of appeal - nature of right - appeals in the strict sense and appeals by way of rehearing - distinction - appeals in the strict sense - where r765(2) of the Uniform Civil Procedure Rules 1999 (Qld) provides that an appeal from the decision of a single judge of the Supreme Court other than as to a final decision in a proceeding is brought by way of an appeal in the strict sense - whether the appeal concerns a final decision in the proceeding. more...