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 Whats news in construction infrastructure - 20 august 2008.pdf[Adobe Acrobat PDF - 544.18 KB]
what’s news in construction & infrastructure?
latest news 20 august 2008
Commonwealth
Construction industry contracts although strong support from engineering construction
7 August 2008
The national construction industry contracted for a fifth consecutive month in July, although it had strong support from an increase in engineering construction activity and some encouraging, albeit modest, improvement in commercial construction. The Australian Industry Group - Housing Industry Association Performance of Construction Index (Australian PCI®) registered 41.6, remaining below the critical 50.0 points level separating expansion from contraction. more...
New South Wales
Copyright win for surveyors in High Court
6 August 2008
The State of New South Wales was not entitled to use surveyors plans without fairly remunerating copyright owners, the High Court of Australia held. In a joint judgment delivered on 6 August 2008, the High Court allowed an appeal relating to government use of surveyors’ plans, deciding the State of New South Wales was not entitled to use surveyors plans without fairly remunerating copyright owners. The State of NSW uses survey plans lodged with Land and Property Information (LPI), a government agency, for a variety of purposes, including sale to members of the public and sale via information brokers. more...
CFMEU reps in court for misleading workers: ABCC
13 August 2008
The Australian Building and Construction Commission has instituted proceedings against 2 Construction Forestry Mining Energy Union representatives, alleging they told workers they could not work on a building site unless they were union members. more...
$25 million to find solutions to Sydney's congestion
11 August 2008
Detailed feasibility studies will start this month on 2 multi-billion infrastructure projects which have the very real potential to unclog some of Sydney's key roads and modernise a significant part of its passenger rail network. All up, the Rudd Labor Government will provide $25 million to kick-start and accelerate this necessary work. The M5 East Transport Corridor study will be funded with $5 million from the Commonwealth Government and $10 million from the NSW Government. more...
Victoria
Controversial pipeline route given go-ahead
6 August 2008
The route of the controversial north-south water pipeline has been approved by the Victorian Planning Minister, Justin Madden. An independent environmental monitor will be appointed and an environmental bond paid. more...
Queensland
End of game for Water Grid construction
3 August 2008
The last pipe of the Southern Region pipeline is due to be laid within a fortnight linking the Brisbane and Gold Coast water supplies for the first time in the history of the state. Premier Anna Bligh has said the ‘end game’ is in sight for construction of the $9 billion South East Queensland Water Grid with 85% of the project pipeline now in the ground. more...
Government pushes ahead with plans for Brisbane tunnels
15 August 2008
Lord Mayor Campbell Newman has announced developments for both the Northern Link and the Airport Link, stating a new report shows the Northern Link tunnel, which will connect Toowong and Kelvin Grove, is financially viable. The Queensland Government has also been pushing ahead with the Airport Link, signing a $90 million contract for 2 tunnel boring machines. more...
Queensland Government to consider taking land from illegal developments
7 August 2008
Queensland Sustainability Minister Andrew McNamara says he will consider taking land from developers who illegally demolish historic buildings, with Councillor Newman saying the final decision on penalties rests with the Queensland Government. Brisbane magistrate Paul Kluck ordered developer Nathan Conn and his company Chilmac Pty Ltd to pay a record amount last year in fines and costs of more than $570,000. more...
Public comment sought for BMA’s coal growth project
14 August 2008
The environmental assessment process for the proposed multi billion dollar expansion of BHP Billiton Mitsubishi Alliance’s (BMA) northern Bowen Basin coal operation has commenced with the State Government. The draft Terms of Reference have been developed in consultation with the BMA and will outline the information and detail required to be provided in the EIS to satisfy both State and Commonwealth legislation and will allow public and advisory agency comment on the proposed expansion. Copies of the draft Terms of Reference will also be available on the website: more...
State commits $33m for Townsville region water treatment upgrades
14 August 2008
The Water and Sewerage Program is a Queensland Government initiative to provide local governments with subsidies of up to 50% of the cost of essential water and sewerage infrastructure. The Queensland Government has committed $33.3 million towards major upgrades of 2 key water treatment plants in the Townsville region, but has deferred a decision on a subsidy for an additional treatment plant at Toonpan while the Townsville Regional Council re-assesses its need following a review of its local bulk water usage allowances and charges. more...
publications/conferences
Australian Building Regulation Bulletin, Winter Edition 2008
11 August 2008
The ABRB is the ABCB's core technical magazine that is published twice a year as the primary value adding information service to the Building Code of Australia subscribers. more...
The buzz about PPPs
Author: Romain, Michelle
Source: Property Australia, August 2008; Vol 22 (No.11): pp48-49
Subject: Design and construction companies are lining up to be involved in public private partnerships
Choosing the right road
Author: Blundell, Lynne
Source: Property Australia, August 2008; Vol 22 (No.11): p22-23
Subject: Fixing our infrastructure problems at a national level
Is rescue from a burning building about to become a thing of the past?
Author: Brown, Naomi
Source: Essential Matter, August 2008 Subject: Proposed changes to the Building Code of Australia (BCA) by the Australian Building Codes Board (ABCB) may signal the end of search and rescue activities in burning buildings and ultimately lead to a greater loss of life in these tragedies. more...
Victoria's Building Legislation
Author: Payne, Greg
Source: Essential Matters, August 2008
Subject: A brief overview of Victoria's building legislation. more...
QLD: Mandatory Building Inspections
Author: Bergin, Norman
Source: Essential Matters, August 2008
Subject: Property owners and managers to be aware that they ensure their builder / contractor verifies that all mandatory inspections required to be performed during approved building work have been performed and passed. more...
QLD: Where's Your Certificate of Classification?
Owners and facility manager’s have less than 10 months to get their Certificates displayed. This will also affect approved or non-approved fit-out works to individual tenancies or shops that did not form part of the original building permit. more...
NSW: Certifying & Consent Authority
Author: Rigney, John Source: Essential Matters, August 2008
Subject: Explains the differences between the legislative terms Certifying Authority, Consent Authority, Accredited Certifier and Principal Certifying Authority. more...
NSW: Transitional arrangements for exempt and complying development
5 August 2008
Guidance to councils on exempt and complying development controls in new principal LEPs with reference to the State development codes. more...
cases
Building Professionals Board v Hans (No.2) (GD) [2008] NSWADTAP 48
Accredited certifier - distribution between professional misconduct and unsatisfactory professional conduct - appropriate penalties - appeal allowed in part
French & Anor v NPM Group P/L [2008] QCA 217
Procedure - judgments and orders - effect of judgments - merger of cause of action - where a Tribunal made orders with respect to a contractual obligation - where the trial Judge found that the applicants’ contractual rights under the guarantee had merged in the orders of the Tribunal - whether the trial Judge erred - appeal dismissed. Commercial and Consumer Tribunal Act 2003 (Qld), s 94(2); Queensland Building Services Authority Act 1991 (Qld), s 77(2)(g). more...
Copyright Agency Limited v The State of NSW [2008] HCA35
Intellectual property - Copyright - Crown copyright - Statutory licence scheme - Appeal against decision of Federal Court of Australia Full Court (FCAFC) finding no copyright infringement by respondent State of New South Wales - Appellant member of consulting surveyors association (association) responsible for producing survey plans of land and strata and registration of survey plans with land and property information (LPI) - Appellant submitted members of association owners of copyright in survey plans because survey plans artistic work protected by (CTH) Copyright Act 1968 (Act) s10(1) - Appellant submitted respondent could only reproduce and communicate survey plan to public under Act s183(1) subject to payment of equitable remuneration under Act s183A - Respondent submitted appellant impliedly licensed reproduction and communication by registration with knowledge of future uses of survey plan. more...
Stuart-Mahoney v CFMEU & Anor (No.2) [2008] FMCA 1015
Industrial law - Alleged coercion of employees to be members, or become financial members of a union - applications made out in part. Workplace Relations Act 1996, ss.789, 790, 797, 809; Building and Construction Industry Improvement Act 2005
Wesfarmers Federation Insurance Ltd v Stephen Wells Trading as Wells Plumbing [2008] NSWCA 186
Costs - whether costs available under insurance contract - apportionment of costs according to time spent on matters and terms of contract. Employment law - characterisation of work relationship - whether relationship of employer-employee or principal-independent contractor - distinction between exercise of control and contractual right to control carrying out of work - control and supervision - financial and tax arrangements - mutuality of obligations - whether employee or independent contractor entitled to compensation. Insurance - insurance for liability to independent contractors - employees excluded - whether insured indemnified for costs where no liability - written consent to defend claim -restrictions on types of matters for which costs can be obtained. Home Building Act 1989 (NSW), ss 3, 4, 12; Income Tax Assessment Act 1936 (Cth), Part VI, Div 3A Motor Vehicles (Third Party Insurance) Act 1942 (NSW), s 20; Workers Compensation Act 1987 (NSW), s 151H.
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