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what’s news in construction & infrastructure?
latest news 20 march 2008
Commonwealth
End native title litigation, says A-G
7 March 2008
Attorney-General, Robert McClelland, is seeking a major shake-up of native-title law, with a shift from multi-million-dollar litigation and costly expert reports to outcomes-based negotiation. Until now, the starting point for native title claims has been the procurement of a technical expert report attesting to the existence of a connection to the land. Mr McClelland said “parties should do away with that approach as there were not enough experts available, reports were slow and costly, and claims became mired in competing arguments about connection to specific areas”. more...
Water entitlement purchasing
Minister for Climate Change and Water, Senator Wong, has launched the first round of Water Entitlement Purchasing, which aims to reduce the extent of overuse of water resources in the Murray-Darling Basin, and provide more water for the environment. The Australian Government is allocating $50 million this year to purchase water from irrigators who wish to sell water to the Government at a fair market price. more...
Victoria
Unlawful building practitioners face recordfines
11 March 2008
Victorian courts handed down record fines to unlawful building practitioners last financial year, newly published data confirms. In the 2006-07 financial year, building practitioners prosecuted for breaches of building and building contract legislation received fines totalling $121,500, Building Commission figures show. This compares to a fines total of around $47,000 in the previous year. more...
ASCC meeting report
The Australian Safety and Compensation Council released the first annual mesothelioma report and declared a national code for safety in construction work . The “ASCC declared the National Code of Practice for Precast, Tilt-up and Concrete Elements in Building Construction”. The report provides the number and incidence rates of new cases and deaths from mesothelioma, including trends over time. more...
Full Federal Court upholds ABCC appeal
6 March 2008
The Full Court of the Federal Court has upheld 2 out of 3 parts of an appeal by the Building and Construction Commission for orders to union officials. more...
Victoria’s building industry on track for another record financial year
3 March 2008
Victoria’s building industry has kicked off the 2008 new year with record building permit activity for January, setting the scene for yet another record financial year, according to figures released. Announcing the latest pulse statistics on Victoria’s building permit activity, Building Commissioner, Tony Arnel, said “January 2008 was the highest January on record, and follows on from a bumper $18.3 billion calendar year in 2007”. more...
Local experts helping shape regional water plan
12 March 2008
Working groups with specialist water knowledge, have been formed to contribute their expertise to a long-term water plan for northern Victoria, according to Water Minister, Tim Holding. The groups will meet over the next few months to look at key policy issues, including: improving reliability; carryover rules for individuals and a communal pool; water market rules; the length of the irrigation season; using environmental water more efficiently; and managing environmental assets during drought and climate change. Submissions for the Discussion Paper close on Monday, 17 March, 2008. A Draft Strategy will be released in mid-2008, followed by a further 2 months of community consultation and the release of the final strategy in early 2009. more...
Premier announces accelerated release of urban land within growth corridors
At the national UDIA conference this week, Premier Brumby released the 2007 Urban Development Program Annual Report and announced the Government's intention to accelerate release of urban land within the Urban Growth Boundary in Melbourne's growth corridors. This includes the establishment of a new Urban Growth Zone. more...
New South Wales
Subway would make bridge plan obsolete
11 March 2008
Controversial plans to duplicate the Iron Cove Bridge have been rendered obsolete by secret New South Wales Government proposals for a metro-style subway under Victoria Road, a local group says. “Plans released by the Roads and Traffic Authority provide little quantifiable justification for the $150 million upgrade of Victoria Road, and the Government and the RTA refuse to release any traffic modelling or analysis” said Alex Elliot from the Victoria Road Community Committee. Earlier this year the RTA was forced to release a 2006 report under freedom-ofinformation laws that revealed motorists could expect only a 50-second improvement in their journey to the city. more...
Brumby to free up land as population explodes
4 March 2008
Victorian Premier, John Brumby, will today announce the release of tens of thousands of housing blocks to combat the housing affordability crisis and the city's exploding population. Victorian Premier, John Brumby, says new housing reforms will slash thousands of dollars off development costs and significantly boost the supply of new homes. A new Urban Growth Zone (UGZ) to fast-track the rezoning of farmland which will provide more than 90,000 new blocks for development to combat the housing affordability crisis and the state's population boom. more...
Urban expansion a 'climate threat'
11 March 2008
The Garnaut Climate Change Review's issues paper on transport and urban planning, released yesterday, has found that building new roads may make Australia's greenhouse emissions from transport worse. The report comes a week after Premier, John Brumby, announced that all unzoned land within Melbourne's urban growth boundary would be released for development, to accommodate the city's booming population. The issues paper also comes just weeks before Sir Rod Eddington releases his $5 million report on improving Melbourne's transport links between the city's east and west. more...
On track to gridlock as population explodes
16 March 2008
A State of permanent transport gridlock is threatening to choke Sydney as it grows by a forecast 1.1 million people over the next 20 years. The Iemma Government has released draft targets for each local government area to house the population boom, promising that $7.5 billion in road and rail infrastructure, bus services, open space, schools and health facilities will follow. Under the draft plans compiled for the Government's Metropolitan Strategy, 600,000 new dwellings will be built by 2031. more...
Airport plan for Badgerys is re-floated
16 March 2008
Australia’s leading property developers and equity financiers will launch a campaign to re-establish Badgerys Creek as Sydney's second airport site. The Urban Taskforce will announce its plans to convince the Federal and NSW governments to reconsider the controversial site. The industry lobby group represents prominent property players including Lang Walker, Harry Triguboff, Greg Goodman, Roy Medich, Bob Rose and Bob Ell. The site had been earmarked as the long-term solution to congestion at Sydney Kingsford Smith Airport but the Howard government succumbed to political and community pressure and shelved the project in 2005. more...
Queensland
State Government ignores own department on pollution
16 March 2008
One of Queensland's biggest industrial projects, to be built at Gladstone after a $33 million deal with the State Government, could be a serious air pollution hazard, the Government's own health department has warned. Queensland Health has estimated the project will pump 4 times the recommended maximum amount of sulphur dioxide into the air over Gladstone, posing a potential high risk to residents. Construction of the $3.5 billion Gladstone Pacific Nickel Refinery is expected to begin by July next year. more...
North South Bypass to cost ratepayers $773m
14 March 2008
The North South Bypass Tunnel will not cost ratepayers any more than the $773 million already tabled despite a number of unsettled land compensation claims, Lord Mayor Campbell Newman promised yesterday. Any extra costs from unsettled land resumptions will come from a $270 million "sunk costs" fund, covering surveying, resumptions and site works to start the project, which has been allocated, but not yet totally spent. more...
Transport hub to boost Ipswich’s future: Bligh
3 March 2008
The State Government today unveiled a bold plan to revitalise the Ipswich city heart, including development of a transport hub that will replace the existing transit centre, rail station and the Bell St bus interchange. more...
Traveston Dam – supplementary EIS required
11 March 2008
Queensland Coordinator-General, Colin Jensen, has written to Traveston Crossing Dam proponent Queensland Water Infrastructure asking them to prepare a supplementary report to their Environmental Impact Statement (EIS). Mr Jensen wrote to QWI yesterday, asking them to respond to matters raised during the 12-week public comment period on their EIS. more...
Traveston Dam dispute may set Native Title precedent
11 March 2008
Indigenous groups say a dangerous precedent has been set by allowing a private company to take part in Native Title claims. Spokeswoman, Dr Eve Fesl, says “the Federal Court has granted a request from the dam's builders, Queensland Water Infrastructure, to be a respondent to the claim. The warning to all Australia really is that if this company is allowed to take a strike out action, it sets a precedent in law whereby anyone throughout Australia could do it”. more...
Construction starts on Ipswich Motorway
2 March 2008 The Australian and Queensland Governments today started work on the most important roads project in south-east Queensland, the Ipswich Motorway upgrade. As part of this plan, work is well advanced on the upgrade of the Logan and Ipswich Motorway interchange and due to be completed in 2009. more...
Plan unveiled for $5.4b investment in coal transport
5 March 2008 The Queensland Government has developed a plan for coal transport infrastructure worth $5.4 billion. Transport Minister, John Mickel, says “the multi-billion dollar program of projects would encompass the smooth transportation of coal from mine to port with plans for major coal transport infrastructure development in Queensland to 2015 and beyond”. Some of the major planned developments include new rail links in the northern Bowen and Surat Basins. Major port expansions include the Abbot Point expansion to at least 50 million tonnes per annum and up to 100 million tonnes per annum; and a new Wiggins Island Coal Terminal in Gladstone, providing potentially 85 million tonnes per annum of new capacity.
more...
Qld Govt grant boosts Mackay's mining potential
6 March 2008 Queensland Regional Development Minister, Desley Boyle, has announced a major Queensland Government grant and launch of the new Mining Services and Technologies Industry Action Plan, including a $118,000 grant for the Mackay Area Industry Network (MAIN). more...
Bottleneck threatens exports
10 March 2008 Babcock & Brown Infrastructure has announced the completion of its expansion of the Dalrymple Bay Coal Terminal to 65 million tonnes. more...
Other States and Territories
Mill pipeline on the nose: Wilderness Society
4 March 2008
The Wilderness Society has obtained legal advice claiming a new Federal Government assessment of the proposed pulp mill would be needed if the Tasmanian Government uses an effluent pipe to pump treated sewage into Bass Strait. The EPBC Act, Australia's environment law is very clear that if a project changes substantially the existing approval doesn't hold and a new assessment needs to be carried out. more...
Bridge works to start on Running Creek Road
12 March 2008
Running Creek Road near Rathdowney is set to provide an even better connection between Queensland and northern New South Wales, with work to start next week on a new bridge at crossing number 7. Main Roads Minister, Warren Pitt, announced today a $2.4 million contract for construction of the new bridge had been awarded to RoadTek, Main Roads’ construction arm. more...
No dam for Baffle Creek
4 March 2008
Queensland Premier Anna Bligh has given the thumbs down to a new dam on an environmentally sensitive waterway in central Queensland. The Minister said it's a very environmentally sensitive area and the water supply to Gladstone can and will be secured by the pipeline that's currently being built from the Fitzroy River. more...
Port Central One sets green benchmark
13 March 2008
A recently completed commercial building at the Port of Brisbane has been awarded a coveted 5 Star Green rating setting a benchmark for future development. more...
Qld Govt to force big mines to cut emissions
11 March 2008
9 of Queensland's largest mining operations are being made to meet strict new environmental standards. more...
publications/conferences
Queensland Building News
Newsflash 308
Advise of the availability of a publication produced by the Australian Building Codes Board (ABCB) on the application of the Building Code of Australia (BCA) energy efficiency provisions to new building work associated with existing buildings, such as alterations or additions.
Newsflash 307
Advise of proposed amendments to the QDC MP
2.1 Fire Safety in Budget Accommodation Buildings and MP 2.2 Fire Safety in Residential Care Buildings.
Newsflash 308
Advise of application of the BCA energy efficiency provisions to new building work associated with existing buildings.
ISO 22263:2008: Organization of information about construction works - Framework for management of project information
ISO 22263:2008 specifies a framework for the organization of project information (processrelated as well as product-related) in construction projects. Its purpose is to facilitate control, exchange, retrieval and use of relevant information about the project and the construction entity. It is intended for all agents in the project organization in management of the construction process as a whole and in coordination of its subprocesses and activities. more...
Environment law: carbon rights and carbon credits – an important new asset class Author: Beatty, Andrew; Wong, Kenny Source: Keeping Good Companies, Vol 60(2): March 2008; pp104-106
legislation
Queensland
Regulations Acts
Water and Other Legislation Amendment Iconic Queensland Places Act 2008 (Act No 7 of Regulation (No. 1) 2008 (SL No 44 of 2008) 2008) (principal)State Development and Public Works Organisation (Gold Coast Marine Development Project Board) Repeal Regulation 2008 (SL No 33 of 2008)
cases
Linfox Australia Pty Ltd v Khoury (No. 2) [2008] NSWCA 24
Tort - apportionment of liability - breach of duty - causation - contributory negligence - duty of care - moving in hazardous conditions - moving in hazardous circumstances - negligence - oversize vehicle - reasonable warning - Road Transport (Safety and Traffic Management (Road Rules) Regulation 1999 - what constitutes - flashing lights
- Hazard lights Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999. Road Transport (Vehicle Registration) Regulation 1998.
David Hurst Constructions Pty Ltd v Shorten [2008] NSWSC 164
Fox v Leighton Contractors Pty Ltd & Ors [2008] NSWCA 23
Occupational Health and Safety - obligation to provide safety induction training - Occupational Health and Safety Act 2000 (NSW) s 39A -
Occupational Health and Safety Regulation 2001
(NSW) reg 213. Torts - negligence - duty of care of principal contractor to subcontractors - building and construction work - duty of principal contractor to maintain safe workplace - duty to take reasonable care to ensure safety of subcontractor
- whether non-delegable duty - failure to ensure subcontractor underwent safety induction training - extent of direct supervision of sub-contractors. Torts - negligence - contributory negligence - obligation of plaintiff to take reasonable steps for own safety. Torts - negligence - contribution between joint tortfeasors.
Da Silva and Da Silva Constructions Pty Ltd v Bresond Pty Ltd & Anor [2008] NSWSC 158
Consumer Trader & Tenancy Tribunal has no jurisdiction to order corporate plaintiff to provide security for costs - Tribunal not a court under Corporations Act 2001 (Cth) and not otherwise authorised. Consumer Trader and Tenancy Tribuna l Act 2001; Corporations Act 2001 (Cth). Home Building Act 1989; Local Courts Act 1982.
Piling v Prynew Nemeth v Prynew [2008] NSWSC 118
Building & construction - adoption of Referee's report as to causes and results of subsidence of the support for a house resulting from excavation and faulty piling work next door. Real property - general principles nature of duty of care under s177 of Conveyancing Act 1919. Whether it extends to support of adjoining buildings. Held it does. Whether it includes omissions. Held it does not. Torts - negligence - statues - whether a statutory cause of action for breach of condition of development consent arises in respect of breach of a condition imposed under s78 and s78F of Environmental Planning & Assessment Regulation 1994. Held it does. Insurance - professional indemnity insurance. Whether a breach of terms occurred. Held there was a breach.
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