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what’s news in construction & infrastructure?

latest news 23 july 2008

Commonwealth

We want the highest possible OH&S standards: Master Builders

9 July 2008 Master Builders Australia says it has been misrepresented over claims it is not pushing for the highest possible workplace safety standards under proposed harmonised laws. Master Builders Australia Acting Chief Executive Richard Calver was reacting to claims by Construction, Forestry, Mining and Energy Union (CFMEU) Construction and General Division National Secretary Dave Noonan who said the MBA did not want OH&S laws to be raised to the "highest standards" stating we “want is hazard based standards rather than the ridiculous national standards for construction work." more...

Carbon pollution and the building industry

16 July 2008 Australia’s peak building and construction industry organisation Master Builders Australia has called for the Government to soften the blow of tackling climate change by ensuring that appropriate compensation and tax concessions are in place to bring Australian buildings up to green standards.

more...

Fed Govt vows ABCC will stay till 2010

16 July 2008 The Federal Government is holding firm on its decision to keep the building regulator, the Australian Building and Construction Commission, till 2010. more...

Green paper on Carbon Pollution Reduction Scheme released

16 July 2008 The Rudd Government today released proposals for a new plan to tackle climate change by reducing carbon pollution. Releasing the Government's Green Paper on the Carbon Pollution Reduction Scheme, Minister for Climate Change and Water, Senator Penny Wong, said “the time for action on climate change was now”.

more...

Unions’ scare campaign threatens schools, hospitals and roads

16 July 2008 Master Builders Australia, the peak body for the building and construction industry, today hit out at the ACTU’s calls for the early abolition of the Australian Building and Construction Commission (ABCC), saying that its backdoor tactics and scare campaigns put at risk billions of dollars of investment in social and economic infrastructure.

more...

Victoria

Full steam ahead to tribunal for Camberwell station

15 July 2008 Camberwell station developer Tenterfield Pty Ltd is stopping all stations to the state's planning tribunal. Managing director Andrew Cook last week confirmed his company had lodged an appeal with the Victorian Civil and Administrative Tribunal for approval of the $50 million station redevelopment. The council refused the plans on 31 grounds in April. more...

Good start, but balance needed on CCS legislation

15 July 2008 The draft Commonwealth Greenhouse Gas Storage Bill while a good start may need further refinement to strike the right balance between the interests of petroleum companies and the national interest in establishing the regulatory regime for carbon capture and storage (CCS) in Australia, Victoria’s Energy and Resources Minister Peter Batchelor said today. more...

Latrobe Valley CO2 capture an Australian first

9 July 2008 CO2 has been captured in the Latrobe Valley from coal fired electricity generation for the first time in Australia, providing a significant breakthrough in the development of carbon capture technology.

more...

New freeway project being considered

8 July 2008 The State Government to consider submissions to its transport plan, including a contentious proposal to build the 'missing link' in Melbourne's outer ring road network. more...

Pipeline hits delay as minister drags feet

20 July 2008 Work on Victoria's north-south water pipeline will not begin this Wednesday as anticipated as the State Government appears to be delaying final approval, leaving affected local communities in the dark. more...

Channel deepening opponents face massive legal bill

15 July 2008 Mr Morehead told Justice Tony North that attempts to mediate the costs issue had failed. The costs for the 3-day hearing, plus other legal preparation, would appear likely to add up to a 6figure sum. In court, Mr Morehead said the group had to act quickly in bringing legal action after it was dissatisfied in the process that allowed dredging and the establishment of a toxic dump facility in the bay. more...

Desalination plant not included in $500,000 climate change review

19 July 2008 As the Australian economy prepares to integrate a carbon trading scheme by 2010, the Government confirmed it had sought private help with Deloitte Touche Tohmatsu worth $493,015 to audit its environmental program for possible inconsistencies. Nick Talbot, a spokesman for Environment Minister Gavin Jennings, defended the cost, saying it was "prudent" for the Government to review policy. more...

Toxic waste buried in city

20 July 2008 The State Government's decision not to build a new hazardous waste storage facility has created a policy vacuum that critics claim is leading to more toxic waste being entombed under inner-city developments. With the Government banning the dumping of untreated waste in landfill and raising landfill levies tenfold - from $26 per tonne to $250 per tonne - after its January 2007 decision to abandon the Nowingi long-term containment facility, many property developers are simply burying their waste on site. more...

New South Wales

A concerted union campaign against the Australian Building and Construction Commission

19 July 2008 The Australian Building and Construction Commission, set up by the Howard government in 2005 to deal with an industry that had been riven by conflict and intimidation, has been a particular bugbear of the unions. The immediate flashpoint is a case coming to court in Geelong, Victoria, on August 8, in which union official Noel Washington could face a jail sentence for refusing to attend an interview at the commission to recount what he saw and heard at a workers' meeting. more...

NSW Government grants consent for 'The Royal' hospital redevelopment

10 July 2008 NSW Planning Minister Frank Sartor, has approved a $90 million first stage of the revitalisation of the former Royal Newcastle Hospital site. The project forms part of the overall redevelopment proposal for the RNH site which gained concept approval from the Minister in January last year and when complete will open up the prominent coastal site for public use. more...

Pitt Town development gets green light

10 July 2008 The NSW Government has approved final plans for the growth of Pitt Town in the Hawkesbury which will help deliver new homes and community infrastructure for the area. Planning Minister, Frank Sartor, said “the subdivision would over time create 893 new housing lots, including almost 300 rural housing lots, and was expected to generate 1500 local jobs”. more...

Queensland

Local councils say slowing land release a 'disaster' for economy

11 July 2008 Sunshine Coast Regional Council Mayor Bob Abbot has renewed his calls for a slow down in land release, arguing key infrastructure projects had to be delivered or the region’s liveability would be lost. Local mayors elected on a ‘slow development’ ticket at the recent council elections are on a collision course with a State government determined to fulfill the rollout of its South East Queensland Regional Plan. more...

Regulations made to prevent accidents at major hazard facilities

7 July 2008 New safety controls for the operation of major hazard facilities across New South Wales have been introduced. The Occupational Health and Safety Amendment (Major Hazard Facilities) Regulation 2008 and could apply to more than 30 major hazard facilities. Major hazard facilities and facilities requiring clarification of their status as a major hazard facility need to notify WorkCover by December 2008. more...

Strategy for future of Sydney-Canberra corridor finalised

10 July 2008 The Iemma Government has finalised a 25-year blueprint to guide growth, improve housing affordability and protect valuable natural resources along the regional corridor between Sydney and Canberra. Planning Minister, Frank Sartor, said “the final Sydney-Canberra Corridor Regional Strategy released today would cover the local government areas (LGAs) of Wingecarribee, Goulburn Mulwaree, Upper Lachlan, Yass Valley, Palerang and Queanbeyan”. more...

North Bank design funds not a waste: Lucas

16 July 2008 Deputy Premier and Minister for Infrastructure and Planning, Paul Lucas, has defended the increasing amount of money being spent on the redesign of State Government's North Bank Project. An estimates committee hearing has been told $3 million of the $5 million spent by the Department of Infrastructure and Planning on the project can be recouped when it is built. more...

4 groups short-listed for SEQ Schools PPPProject

9 July 2008 The Bligh Government has short-listed 4 groups to proceed to the bidding phase for the SEQ Schools Public Private Partnership (PPP) project: Aspire Schools (Commonwealth Bank, Leighton Contractors, Broad Group and Compass Group); Axiom Education Queensland (ABN Amro, Abigroup and Spotless); Learning Works Partnership (Bilfinger Berger Project Investments, ANZ, Dickinson Construction, Northbuild Construction and Tungsten); Pinnacle Education (Babcock and Brown, Watpac and Transfield Services). The project will deliver 7 new schools for the South-East Queensland region. more...

Appalling tower has approval by council

11 July 2008 Brisbane City Council is set to approve a 73storey residential tower on Adelaide street in the CBD 2 months after it called the initial design "appalling". Neighbourhood Planning and Development committee chair, Amanda Cooper, said “the committee had approved Meriton's revised plan for the 250 metre tower, which will feature 403 units atop 3 levels of commercial space”. more...

Council risks compo after last-minute appeal on $4.5m park

17 July 2008 Work on the Palm Beach Parklands has been stopped after a last-minute legal challenge from local residents. Green lobbyist Dr Bruce Moon has lodged an appeal with the Land and Environment court against the $4.5 million project. The appeal, backed by local high-rise residents, could leave Gold Coast City Council liable to legal action from contractors. more...

Gladstone recieves $20 million towards securing water

7 July 2008 The Rudd Government is contributing $20 million towards the Rockhampton to Gladstone pipeline project to safeguard the region's water supply in the face of climate change. Minister for Climate Change and Water, Senator Penny Wong, said “the 115 kilometre pipeline will deliver 30 gigalitres enough water to fill 15,000 Olympic swimming pools to Gladstone every year”. more...

Inflation spooking construction activity

7 July 2008 Northbuild Construction Managing Director Paul Boddington says he is unsurprised by the Australian Industry Group - Housing Industry Association Australian Performance of Construction Index (Australian PCI) cited market uncertainty as one of the main reasons for building and construction activity is continuing to soften. more...

New Queensland rail and port proposed under coal expansion

14 July 2008 Premier Anna Bligh said the 3 proposals - for the Bowen, the Galilee and Surat coal basins - could deliver a “quantum leap” for Queensland’s coal industry. The first new Australian coal port in 25 years could be built in Queensland under a trifecta of proposals which could deliver a 40% coal export increase for the State. more...

Queensland council claim refuted by Optus

18 July 2008 Acting Mayor Daphne McDonald (Gold Coast Council) has insisted that 'best practice' procedures were followed during the works to install a section of pipeline for the southeast water grid. These included an expert cable locating company, a survey and an Optus representative who attended the site during the design phase to clarify and confirm where the cable was. Optus has released photos to refute the Gold Coast City Council claim showing the presence of a white warning sign installed by the telecommunications giant indicating one of their cables was in the area. more...

Queensland major projects to meet future demand for power

9 July 2008 Mines and Energy Minister Geoff Wilson said that Powerlink Queensland had major projects underway to meet the growing need for power in Far North Queensland. The current increase in supply is due to the completion of new gas-fired power stations at Condamine and Braemar (Stage 2) on the Darling Downs, as well as generating plant at the Rio Tinto Aluminium Yarwun near Gladstone, and a third unit at the Mt Stuart Power Station in Townsville and other Powerlink network development projects underway. more...

Queensland Northern Pipeline interconnector stage 2

South East Queensland's improved water supply situation has allowed the State Government to push back the construction of the Northern Pipeline Interconnector Stage 2. Deputy Premier and Minister for Infrastructure and Planning Paul Lucas announced the NPI Stage 2 will now be built by the end of 2011. more...

Watpac to fight cancellation of ABC Brisbane site purchase

7 July 2008 The developer of the site where the ABC was planning to build its new Queensland headquarters will fight the ABC's move to cancel the purchase because of elevated levels of radioactive material in the area. They say it is safe and reaches Environmental Protection Agency (EPA) standards. more...

legislation

New South Wales

Regulations

Occupational Health and Safety Amendment (Major Hazard Facilities) Regulation 2008 Threatened Species Conservation (Biodiversity Banking) Regulation 2008

State Environmental Planning Policies

State Environmental Planning Policy (Major Projects) Amendment (Pitt Town) 2008 State Environmental Planning Policy (Major Projects) 2005 (Amendment No 28) State Environmental Planning Policy (Major Projects) 2005 (Amendment No 30)

publications/conferences

Insurance law: Warnings and disclaimers - possible insulation from liability Author: Clark, Annette; Steves, Rebecca Source: Keeping Good Companies, July 2008; Vol 60 (No. 6): pp366-368Subject: Risks, hazards, warning signs, effective disclaimers, enforceablility, legislation, liability

Reflections on drafting effective dispute clauses Author: Dharmananda, Kanaga Source: Building and Construction Law Journal, June 2008; Vol 24 (No. 3): pp150-162

Queensland State Government gives greenlight to Toowoomba pipeline

8 July 2008 The State Government will build a $187 million underground pipeline to pump water to drought-ravaged Toowoomba from Wivenhoe Dam. Deputy Premier and Minister for Infrastructure and Planning Paul Lucas and Attorney General Kerry Shine today announced $167 million to build the 40-km pipeline, on top of the $20 million committed earlier this year to fast track preliminary designs and investigations. Construction of the pipeline will be managed by the State Government's bulk water transport authority, LinkWater, which has engaged an alliance of companies (Clough, Diversified and Maunsell) to design and build the pipeline.

more...

New OHS code simplifies safety compliance

10 July 2008 The Occupational Health and Safety Code of Practice 2008, which came into effect on 12 June 2008, provides a more streamlined and practical approach to achieving safety in the workplace. To inform organisations about the latest changes, we have created a Frequently Asked Questions page which includes information on the main changes, along with details on current developments. You can access the OHS Code 2008 via the Comcare website.

Draft Building Code of Australia

17 July 2008 A draft of proposed amendments to be incorporated in the 2009 edition of the Building Code of Australia (BCA) and Guide to the BCA are now available for public comment. more...

Queensland Building Services Authority Act 1991: Setting of Insurance Premiums for Residential Construction Work: Queensland Home Warranty Scheme

Schedule 1, 15 July 2008: Price List [Gazetted QGG No 74, 11 July 2008: p1580-1581]

Queensland: Plumbing and Drainage Act 2002 amended

Changes to the Plumbing and Drainage Act 2002 (PDA) for regulation of greywater treatment facilities commenced on 1 July 2008. more...

cases

Heron Park Pty Ltd v Bob Garner Excavations Pty Ltd [2008] VSC 248

Corporations - Application to set aside creditor’s statutory demand claiming debts for excavating work on a subdivision property development - Whether contract for work was with the plaintiff, the owner of the land, rather than the works contractor - Whether letter from owner admitting liability for the debts necessarily constituted admission that the owner was the contracting party - Whether the plaintiff had established a genuine dispute - Appeal from order of the Master dismissing application to set aside statutory notice

- Appeal allowed - Statutory notice to set aside under s 459H - Sections 459G and H of the Corporations Act (Cth).

Notification of Approved Forms under the Building and Construction Industry Payments Act 2004

Forms approved and take effect from 1 July 2008: Form 1 Version 15: Application for registration of an Adjudicator Form 2 Version 16: Application for registration of an Authorised Nominating Authority Form 4 Version 2: Adjudicator registration renewal notice Form 5 Version 2 Authorised nominating authority registration renewal notice

Callide Power Management P/L v Callide Coalfields (Sales) P/L [2008] QCA 182

Contract - general contractual principles - construction and interpretation of contracts - where the appellant was unable, due to events of force majeure, to meet its contractual obligations to deliver quantities of coal to the respondent during a certain period - where the respondent amended by notice the quantities of coal required to be supplied by the appellant to it in future deliveries - whether such amendment was permissible under the contract. more...