New laws to boost infrastructure introduced to parliament

Legislation aimed at encouraging investment in the nation's infrastructure, has been introduced to parliament. It includes the establishment of a new statutory body, Infrastructure Australia, to advise governments on future needs. The body's first task will be an audit to determine the capacity and condition of nationally-significant infrastructure in the areas of water, energy, transport and communications. more...

Emissions trading could see ASX-listed earnings decrease by 10%

26 February 2008 The success of this year’s mid-year reporting period has struck a sour note with predictions high, emitting Australian listed companies could see their earnings (EBITDA) impacted by as much as 10% if an Emissions Trading Scheme (ETS) were to begin tomorrow, research suggests. Following Ross Garnaut's call for deeper cuts to greenhouse gas emissions, research firm RepuTex warns not only are Australian companies largely unprepared, but could face significant financial risk. more...

Construction fatalities increasing – FSC

The Federal Safety Commissioner has released a report [ pdf ] showing the rate of fatalities in the construction industry is significantly higher than for other industries. FSC Tom Fisher describes the building and construction industry’s OHS performance as completely unacceptable with the industry is not achieving the level of OHS improvements, particularly in relation to fatalities, that other industries are achieving,’ the FSC says in the report.

Construction union opposes temporary work visas

18 February 2008 The Construction Workers union is opposed to any increase in the number of people brought into Australia on temporary work visas. The union's national secretary, Dave Noonan, says “calls by the WA Chamber of Commerce and Industry to significantly increase the numbers of unskilled workers, as well as skilled migrants, is unwarranted”. more.. .

Tax offsets needed to encourage green investment

21 February 2008 The Federal Government needs to provide more incentives to superannuation funds to invest in the energy sector or risk failing to meet its 2020 renewable energy targets, according to emerging energy market adviser and fund manager Bakers Investment Group. It claimed the Federal Government should introduce a taxation credit scheme that would give companies engaged in research, development and commercialisation of renewable energy a 150% tax offset against expenses incurred. more.. .

More than $375.000 provided for 6 mining exploration projects in regional Victoria

19 February 2008 More than $375,000 in grants for 6 new, innovative exploration projects looking for gold, copper and nickel in previously under-explored areas of Victoria, were announced by the Minister for Energy and Resources, Peter Batchelor. The grants, which will match funds invested by the exploration companies, were made under the $2.5 million Rediscover Victoria Drilling project, a Brumby Government initiative to assist industry and accelerate the chances of new successful discoveries in Victoria. more...

New ring road decades away

26 February 2008 The proposed outer metropolitan ring road through the north-western suburbs is seen as a solution to Melbourne’s long-term transport needs. However, hundreds of properties may have to be reclaimed, compulsorily if necessary by the State Government, with compensation paid under the provisions of the Land Acquisition and Compensation Act. more...

Australian solar technology shines

25 February 2008 Minister for Climate Change and Water, Senator Penny Wong, today welcomed the launch of a major new joint venture to build what is expected to be the biggest and most efficient solar power plant in the world. Australian company Solar Systems and TRUenergy will construct the $420 million photovoltaic solar plant in northern Victoria. TRUenergy is a subsidiary of the China Light and Power Group, one of the largest power utilities in Asia. more...

Government’s target of recycling 20% of its wastewater 2 years ahead of schedule. New figures released today by Premier, John Brumby, and Water Minister, Tim Holding, during an inspection of recycled water trials at the Eastern Treatment Plant at Bangholme, show Melbourne had recycled 22.5% of its wastewater in 2006/07.

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Call for public comment on Sugarloaf Pipeline

19 February 2008 A 4 person Advisory Committee has been appointed and Terms of Reference set to review the environmental impacts of the Sugarloaf Pipeline project by the Minister for Planning, Justin Madden. The Advisory Committee will report to Mr Madden on any potential environmental impacts as referred to in the terms of reference after reviewing the Project Impact Assessment (PIA) report. more.. .

Public comment invited on desalination Project EES scoping requirements

20 February 2008 Victorians are being invited to have their say on the scope of the Wonthaggi Desalination plant project Environment Effects Statement (EES), following the release of the draft scoping requirements by the Planning Minister, Justin Madden. Anyone with an interest in the desalination plant project is invited to review the draft scoping requirements and have a say.

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Victoria: Court challenge looms against desalination plant

19 February 2008 Opponents of Australia's largest planned desalination plant are set to mount a legal challenge in the Federal Court. Federal Environment Minister, Peter Garrett, will have the final say on the $3.1 billion desalination plant, planned for a site near Wonthaggi on Victoria's coast. But construction of a pilot plant is due to begin in weeks without federal approval and ahead of an environmental effects statement (EES). more...

Councils win levy war

28 February 2008 The State Government has backed down on its plan to take control of infrastructure cash collected by all councils. The state had threatened to take control of these funds and potentially force all councils to apply to Treasury, to spend their own money on State Government-approved projects. But Mr Costa insisted this provision would now apply only to 6 councils in Sydney's major growth corridors Baulkham Hills, Blacktown, Camden, Campelltown, Penrith and Liverpool. more.. .

Nationals urge rethink of Port Macquarie council administrator

28 February 2008 The Port Macquarie-Hastings community now won't have a council for the next 4-and-a-half years until the elections in 2012. “That's a shame because local government, being the level of government closest to the people, is where communities go for local infrastructure works to be provided. Not having a council it makes it very difficult." Councillor Rhoades says “it is a warning to other councils to ensure they carefully manage their finances and any large development projects”. more...

Council sacked over $46m blow out

27 February 2008 The NSW Government has sacked Port Macquarie-Hastings Council, after the cost of a $6 million cultural and entertainment centre blew out to $41 million. more...

NSW: Departmental heritage statement

19 February 2008 Heritage Office staff will now be integrated into the Department's development assessment, plan, making, strategic planning and policy teams that are assessing new environmental planning instruments and development proposals, rather than being outside those teams which was previously the case. more.. .

New laws improve mine safety in NSW: Macdonald

Mine safety laws to begin in September introduce new obligations for mine safety management systems, emergency plans and contractors, Minister for Mineral Resources, Ian Macdonald, said. Copies of the new legislation and supporting documentation are available on the NSW DPI Mine Safety website. more.. .

Councils seek funding switch

19 February 2008 Local government should receive a fixed percentage of federal tax revenue for untied financial assistance, according to a budget request made to the Federal Government. The association has asked for $10 million over 5 years to review disaster mitigation and infrastructure plans to take account of the risks of climate change. Last week the Minister for Climate Change, Penny Wong, announced the Government would give councils $2 million to help them identify climate change risks and develop management plans. more.. .

Schwarten on the offensive over wealth creation comments

27 February 2008 Housing Minister, Robert Schwarten, has hit back at accusations he was misrepresenting figures during his parliamentary shaming of wealth-creation companies over the collapse of Real Property Constructions, revealing he has the receipts to back it up. The Housing Minister quoted consumer advocate Neil Jenman’s take on the wealth creationist saying “the Investors Club is not a club, but a marketing organisation which receives enormous fees for flogging properties for developers”. There is still deliberation as to when the 233 homes left unfinished after Queensland’s biggest ever housing collapse, while creditors are bracing to receive nothing. more.. .

Committee findings vindicate Tugun Bypass project management

28 February 2008 The $543 million Tugun Bypass is necessary, cost-efficient and will have a positive impact on the Gold Coast community and economy, an all-party Parliamentary Public Works Committee inquiry has found. In tabling a response to the inquiry report today in Parliament, Main Roads Minister, Warren Pitt, said “the findings showed the State Government had been right to build the 7km road linking Currumbin on the Gold Coast with Tweed Heads in northern New South Wales”.

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BSA warns against dealings with Integra Developments

19 February 2008 The Queensland Building Services Authority is urging consumers, contractors, suppliers, banks, developers and investment, marketing and wealth creation companies to be cautious in any dealings with Integra Developments Pty Ltd. Dennis Musca faces permanent exclusion from holding a BSA contractor or nominee supervisor licence, or being a director, secretary or influential person for a BSA licensed company for life, due to the Liquidation of Real Property Constructions Pty Ltd. BSA warns all persons dealing with Integra Developments Pty Ltd to exercise extreme caution and seek legal advice to protect their interests. more.. .

Regent developers hold firm

18 February 2008 Developers say historical remnants at Brisbane's Regent Theatre are not sufficient to save the building, despite growing concerns about the loss. Multiplex spokesman, Chris McClusky, said “even a Heritage Council inspection had found only those parts of the building already listed were worth keeping”. Fears also had been raised that historic elements might be damaged in the development. The development proposal last week sparked a political firestorm, with Lord Mayor Campbell Newman accusing Labor of making excuses for the developers. more.. .

Lucas slams island plan

25 February 2008 Deputy Premier Paul Lucas says major population growth on the Southern Bay Islands should be opposed because of the large cost of building infrastructure there. The Queensland Government has taken aim at Redland Shire Council’s draft Local Growth Management Strategy, which suggests 2000 new homes could be built on the islands in the next 20 years to help meet demand for housing across South East Queensland. more.. .

i-METT Project

15 February 2008 i-METT Queensland Group Pty Ltd (i-METT) proposes to redevelop 400-600 hectares of rural land over a 5 year period into a master planned development consisting of an integrated motor sport, education, tourism and technology precinct at Gilberton, near Ormeau in Gold Coast City. The i-METT proposal was declared a 'significant project' by the Coordinator-General on 11 February 2008. This requires the preparation of an Environmental Impact Statement (EIS) for the project pursuant to the State Development and Public Works Organisation Act 1971. more.. .

Southern Seawater desalination Plant in West Australia

22 February 2008 2 Spanish led consortia, Acciona Agua Australia Pty Ltd / United Utilities Australia Pty Ltd and Technicas Reunidas S.A / Valoriza Agua, S.L, have been short listed for the Southern Seawater desalination plant in West Australia. The same competitive alliance process that delivered the Kwinana desalination plant, would be used for the DBOM new plant north of Bunbury. (Website) more... The project's environmental approval process has also advanced with the Environmental Protection Authority (EPA) approving the Environmental Scoping Document (ESD).

New development assessment panels to sideline councils: Simpson

29 February 2008 The State Government has refused to rule out an overhaul of the development approval processes in Queensland that would sideline locally elected councils. Coalition Shadow Planning Minister and Deputy Opposition Leader, Fiona Simpson, says “the Development Assessment Panels introduced under the Iconic Places Bill was the first step to removing local representation from the process”. more.. .

Planned Mary River bridge will end up under water

18 February 2008 A new bridge spanning the Mary River will be entirely under water if stage 2 of the Traveston Crossing Dam proceeds. But the State Government denied it was throwing money down the drain, saying the $7 million bridge was necessary in the short term. more.. .

Carbon-neutral by 2020: SA Govt plan

18 February 2008 South Australia has announced a scheme it says will give the state the first carbon-neutral government in Australia. more...

Guidance on the new construction regulations

11 February 2008 New housing construction industry guides issued jointly by New South Wales, Queensland and Victoria. These are consistent with workplace safety regulations in the 3 eastern states:

Site security and public access onto housing construction sites ; Amenities on housing sites [ pdf ]; What is adequate site supervision ; WorkSafe Alert after excavator operator drowns in NSW .

Dangerous high work under the hammer

8 February 2008 WorkSafe inspectors will target dangerous work at height on housing and small-to-medium construction sites across Victoria during February and March. The inspections are part of a national safety campaign targeting falls prevention in the construction industry. 8 people died and there were 1,070 compensated injuries due to falls from height in Victoria’s construction sector over the past 3 financial years. more.. .

Victoria Supreme Court: New Practice Note: Building Cases

The Supreme Court of Victoria (SCV) has made available Practice Note No.1 2008 setting out on a pilot basis a new approach to Building cases in the SCV. The pilot program aims to ensure that serious settlement discussions are implemented prior to the commencement of proceedings; judges are encouraged to find "a just resolution of building disputes in a speedy and efficient manner" utilising all of their powers; court and client resources are used appropriately and in proportion to the specific case; the number of directions hearings are minimised and interlocutory applications are "determined on the papers", with opposed interlocutory hearings referred to a Master; and where possible, costs of a directions hearing will be fixed.

Renewable Energy Legislation Amendment (Renewable Power Perecentage) Bill 2008

15 February 2008 A Bill for an Act to amend the Renewable Energy (Electricity) Regulations 2001 to set renewable power percentages for the period commencing 1 January 2008 and ending 31 December 2020.

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National Market Driven Energy Efficiency Target Bill 2007 [2008]

15 February 2008 A Bill for an Act to create incentives and a market for energy savings, which are additional to energy efficiency activities set by minimum energy performance regulation, through energy efficiency certificate trading, and for related purposes.

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New South Wales

Proclamations commencing Acts

Sydney Water Catchment Management Amendment Act 2007 No 83 (2008-37) - Whole of Act: 22 February 2008

Infrastructure Australia Bill 2008

22 February 2008 A Bill for an Act to establish Infrastructure Australia and the Infrastructure Coordinator, and for related purposes. more...

Altys Multi-Services Pty Ltd v Grandview Modular Building Systems P/L [2008] QSC 026

Judicial review of adjudication under Building and Construction Industry Payments Act 2004 - disadvantages in review procedure - preferability of curial litigation - application by Altys under s 20 of the Judicial Review Act 1991 to review the adjudication of the adjudicator made under the provisions of the Building and Construction Industry Payments Act 2004 (“the Payments Act”) that Altys pay to Grandview a sum of money, being a progress payment under a building contract with interest and the adjudicator’s fees.

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JJ Richards & Sons P/L v Bowen Shire Council [2008] QCA 016

Administrative law - judicial review - reviewable decisions and conduct - decisions to which judicial review legislation applies - decisions under an enactment - generally - where the Council terminated the tender process after the close of tenders - where the Council instituted a new tender process - whether the decisions to terminate and institute a new tender process were decisions made "under an enactment". Local government - powers, functions and duties of councils generally - particular powers and functions - power to contract - tenders - under Local Government Act 1993 (Qld) - where the council decided to terminate an existing tender process and institute a new process - whether the Council failed to comply with s 481 of the Local Government Act 1993 (Qld). more.. .

Tranquility Pools & Spas Pty Ltd v Huntsman Chemical Company Australia Pty Ltd [2008] NSWSC 58

Practice and procedure - Reference and Report UCPR 20 Div.3 - report on causation of Pool Failures consisting of blistering and discoloration in swimming pools manufactured by spraying fibreglass on upturned mould - examination of detailed criticisms of Referee's Report - Report adopted. S.52 of the Trade Practices Act.

Vero Insurance Ltd v Buckle; Reynell v Buckle [2008] NSWSC 73

Building claim - terms of settlement - arising from supply of building goods or services - collateral contract- jurisdictional time limit. Consumer Trader and Tenancy Tribunal Act 2001 ; Home Building Act 1989 .

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.