4
June 2009 The Defence Department says its plan to save $20 billion over the
next decade does not currently include a program to sell off defence bases More...
Carbon
scheme "like a GST from hell"
3
June 2009 A leading economist says the Government's planned emissions scheme
is bound to fail economically and environmentally More...
Garrett
unveils land protection boost
2
June 2009 The Federal Government is aiming to increase the amount of land covered
by parks, reserves and protected areas by 25 per cent over the next four years More...
Native
Title Tribunal stops mining lease
28
May 2009 An Aboriginal land corporation has had a historic win in the National
Native Title Tribunal by blocking a company's application for
a mining lease. In the first case where a company has failed to
win a mining application on land granted under the Native Title Act, Reward
Minerals Ltd subsidiary Holocene Pty Ltd was denied a lease over Lake Disappointment
in Western Australia More...
E-conveyancing
edges closer to total collapse
28
May 2009 A former general counsel of the Commonwealth Bank, said lawyers,
bankers and conveyancers were likely to abandon the project unless $20 million
was provided to establish the company that will run the system More...
Govt
criticised over $300m water buyback
29
May 2009 The
Federal Government has come under fire for not consulting local
communities before buying back a record amount of water from the Murray-Darling
Basin. The Government has purchased 240 billion litres of water entitlements
from the Twynam Agricultural Group in New South Wales for just over $300
million More...
National
consumer law to apply to property contracts
29
May 2009 The Federal Government has announced that proposals to regulate unfair
contract terms will apply not only to business-to-consumer
transactions but also to all business-to-business contracts. The terms of
any contract, including any lease for commercial, retail and industrial property,
could subsequently be subject to legal challenge even when those leases are
the result of extensive negotiations and have been freely entered into by both
parties More...
Latest
News
Victoria
Underground
power preferred for desalination project
28
May 2009 Premier John Brumby announced the State Government's preferred power
source for the Victorian Desalination Project is underground electricity
from the grid, which will be fully offset through the purchase of renewable
energy More...
Irrigators
relieved over cap changes
5
June 2009 Irrigators say they are relieved at the detail of the Victorian
Government's changes to a cap on irrigation transfers. There will now be
provision for an exemption to the 4 per cent limit on the volume of water
that can be traded out of irrigation districts. The limit will be phased
out from 2011 More...
Melbourne
City Council pursues 11pm bar closing plan
2
June 2009 Melbourne Council is pressing ahead with plans to limit some new
bars to 11pm closing times, despite fears it will hurt business and nightlife.
The council's draft planning scheme amendment for licensed venues says "boutique"
bars with less than 100 people will be encouraged by the council, but the
proposal to limit the number of beer barns operating within a 150m radius
has been scrapped More...
4
June 2009 Country towns could become death traps under a Victorian Government
proposal to make timber plantations an "as of right"form of agriculture.
The Victorian Government's draft Timber Industry Strategy states that plantation
operators should no longer be forced to obtain a planning permit prior to
establishment
4
June 2009 Victoria
will become the first state to settle native title claims out of
court in one of the biggest overhauls of indigenous land rights since the
Mabo judgement. Under the shake-up, to be announced by Attorney-General Rob
Hulls today, traditional owners will be able to negotiate directly with the
state without having to pursueonerous native title cases in the Federal Court More...
Restaurants
may face drink curbs
2
June 2009 Restaurants in Melbourne may soon face greater planning controls to
bring them in line with bars and nightclubs. Restaurants in theCBD and Docklands
require no planning permits because they are in entertainment zones More...
Call
to recycle all water and ban outfalls
3
June 2009 As pressure mounts on the State Government to improve its record
on water recycling, the report recommended that 100 percent of Melbourne's
treated water be put to productive use.
New
Commonwealth Victorian water agreement
4
June 2009 The Australian and Victorian Governments have agreed on landmark
reforms to return more water to the environment in conjunction with Victoria's
irrigation modernisation program
3
June 2009 Victoria will focus its efforts to combat climate change on areas
such as new energy technology and green building initiatives that will create
jobs and build the state's economy, as outlined in the Victorian Climate
Change Green Paper, released by Premier John Brumby More...
New
South Wales
New
Funding For Joint Regional Planning Panels
3
June 2009 The NSW Government has allocated $2.4 million in the 2009/10budget
to establish, operate and administer new Joint Regional Planning Panels. Council
staff will assess projects to be determined by the panels, including some
coastal projects which are currently assessed by the Department of Planning More...
Plans
for remediation of former HMAS Platypus site approved
27
May 2009 A Memorandum of Understanding between the Sydney Harbour Federation
Trust and the Department of Defence to clean up the former HMAS Platypus
site on the Neutral Bay foreshore in
Sydney Harbour has been finalized. Following consultation with
the New South Wales Government, the draft plan which would provide public
access to the site following remediation and adaptive re-use of the former
industrial buildings, has also been approved More...
Queensland
Flood
damage bill $39 million so far
26
May 2009 Flooding in southeast Queensland and northern NSW has caused an estimated
$39 million in damage so far, the Insurance Council of Australia More...
Companies
fined for dumping concrete waste
27
May 2009 A
concrete business and a property owner have fined by the EPA environmental
services over the dumping of waste which was not disposed of properly More...
Brisbane
unit owners lose Council rates case
28
May 2009 The Supreme Court today allowed the BCC to charge rates according
to the unimproved capital value of the land on which the units are built.
The new system introduced in last year's Brisbane City Council (BCC) Budget
has seen some rates more than double for some inner-city apartments More...
Queensland
Retail Shop Leases Act back with Attorney General
May
2009 Responsibility for the Act, and for the Retail Shop Leases Registry,
has now been transferred to the Attorney-General. The Government has previously
announced that the specialist function of the Retail Shop Leases Registry
will be maintained withinQCAT's functions. Draft legislation to implement
QCAT has now been released and can be accessed at www.tribunalsreview.qld.
gov.au
Heated
exchanges over Qld asset sales
3
June 2009 The Qld Govt's privatisation plans have provoked a testy exchange
between the Premier and Opposition MPs.
Articles
National
Can
we reverse global climate change? Part I
Cap-and-trade
is a Temple of Doom for life on Earth, worshipped
by lawmakers afraid to confront fossil special interests. More...
An
analytic network process for risks assessment in commercial
real estate development Authors: Chen,
Zhen; Khumpaisal, Sukulpat Source: Journal
of Property Investment and Finance, Vol 27, Number
3, 2009, pp. 238-258(21)
Practice
notes/directions
Victoria
Currently
inviting submissions
Future
Farms: Providing for Victoria's Future Rural Land Use, Discussion
paper, April 2009 is out for public comment and feedback
by 26 June 2009. Waste
Transfer and Recycling Facility Provisions - Issues and
Options Paper - the closing date for comments has been extended
to 12 June 2009.
The
Planning Property Report reached a milestone this week
when the 500,000th Report was issued. This popular, expanding
service allows you to search by address across all
Victorian planning schemes. Reports include property and
council details, zones and overlay maps with links to the scheme
provisions, and heritage information if applicable.
Urban
design Charter
The
Minister for Planning has launched the Urban Design Charter for Victoria to
encourage good urban design across the state.
Approved:
Amendment
VC56: Two new clauses have been added to the Victoria Planning Provisions,
52.40 (Government Funded Education Facilities) and 52.40 (Government Funded
Social Housing) to fast track projects under the Commonwealth Nation
Building and Economic Stimulus Plan. The Minister for Planning is the responsible
authority for matters relating to these two clauses (schedule to clause 61.01).
A minor correction was
made to Clause 62.02-2 relating to furniture and works in education centres.
Two advisory notes explain the changes. The Clause 52.40 advisory note has
been revised.
New
South Wales
Planning
Circular: Complying development -changes to notification
3
June 2009 Changes
to post-determination notification requirements for complying
development More...
New
local plan-making website section
3
June 2009 A new page for all local planning information and standard instruments
is now available More...
Queensland
MOU
for Regional Development Australia
A
Memorandum of Understanding (MoU) had been signed to launch the Regional
Development Australia (RDA) process in Queensland and promote further cooperation
between the Commonwealth and Queensland governments to promote regional development More...
Commonwealth's
$42 billion stimulus plan
The
Department of Public Works is coordinating Queensland's
implementation of the Australian Government's $42 billion Nation Building
and Economic Stimulus Plan. Contacts are:
Economic Stimulus Plan Program Management Office, Department
of Public Works, and Telephone 1800 617 198
Protection
of the Sea (Shipping Levy) Amendment Regulations 2009 (No. 1)
These
Regulations amend the Protection of the Sea (Shipping Levy) Regulations 1982
to increase the rate of the Protection of the Sea levy. Date Registered: 05/06/2009 More...
Queensland
Bills
Criminal
Code and Other Legislation (Misconduct, Breaches of Discipline and Public
Sector Ethics) Amendment Bill 2009
Revenue
and Other Legislation Amendment Bill 2009Great Barrier Reef Protection Amendment
Bill 2009
Cases
Victoria
Clifford
v Solid Investments [2009] VSC 223
Real
property - sale of land - relationship of vendor and purchaser - statutory
protection of purchasers - sale of lots on unregistered plan of subdivision
- "prescribed contract" - meaning
of "specified" - right to rescission by purchaser -
policy of the Act - certainty Property
Law Act 1958 (Vic), s 49; More...
Worboyes
v Vieth [2009] VSC 205
Property
De facto relationship Application for adjustment of property interests
under Part IX of the Property Law Act 1958
(Vic) financial and non-financial contributions More...
Tsourounakis
v Ballarat CC (includes Summary) (Red Dot) [2009] VCAT 905
Aboriginal
Heritage Regulations 2007 rr 6, 23; whether Cultural Heritage Management Plan
required; activity on land within
200 metres of waterway; relevance of significant ground disturbance
to whether land in an area of cultural heritage sensitivity More...
Queensland
Regional
Land Development Corp No 1 P/L v Banana Shire Council & Ors [2009] QCA
140
Environment
and planning courts and tribunals with environment
jurisdiction Queensland supreme court error of law where
applicant alleged primary judge misapplied s 3.5.14of the Integrated Planning
Act 1997 (Qld) ("the Act") whether alleged ground "error or mistake in
law" as required by s4.1.56 of
the Act whether leave to appeal should be granted.
Regulations
No
73 Mines and Energy Legislation Amendment Regulation
(No. 1) 2009No 74 Residential Tenancies and Rooming Accommodation Regulation
2009No 75 Forestry and Nature Conservation Legislation Amendment Regulation
(No. 2) 2009N0 76 Nature Conservation (Protected Areas) Amendment Regulation
(No. 1) 2009
Acts
No
12 Crime and Misconduct and Summary Offences Amendment Act 2009 28-05-09
GPT
RE Limited (as responsible entity) & Anor v Department of Natural Resources
and Water [2009] QLC 0078
Statutes
construction and interpretation of legislation Determination of
whether existing approvals associated with improvements
on the land add value to the land pursuant to s.3(2B)of_259" value="Sb's, Serbo, Serbo's, Sib's, sabot, spoof, sub's, sofa, SPF, Saab's, Serb's, SF, Sb, bf, of, sf, scoff, SBA, SOB, Sarnoff, Seaborg, Sib, sob, sub, sunroof, sendoff, submode, Savoy, savor, savoy, servo, Saba's, Sabik, Sabin, San'a, Sybil, salvo, serif, snarf, sniff, snuff, suborn, sabots, subproof, Saab, Saba, Serb, Zibo, barf, beef, biff, buff, serf, suburb's, surf, Smirnoff, Zibo's, boffo, self, sobs, subj, subs, Savior, Serbia, Sibbie, savior, Sibby's, Silvio, seabed, sobbed, subbed, AF, Sufi, if, oaf, off, sabled, specif, subgoal, subjoin, submit, subsoil, syllabify" /> the Valuation of
Land Act Qld 1944 consideration of whether or not infrastructure credits
associated with previous
building works carried out on the land add value to the land pursuant to s.3(2B)
of the Valuation of Land Act Qld 1944 as causing an increase in the value
of the land that has happened in connection with a development approval, other
approval or authority treatment of infrastructure credits under s.3(1)(b)
of the Act.Real property valuation of land Reduction in value of land
encumbered by an easement limiting flexibility of development
on the land. Valuation of land sales evidence Application of sales consideration
given to hypothetical maximum development permitted on subject land and
sales sale of land after valuation
date accepted as evidence of value
relevance of sales of significantly smaller parcels of
land treatment of sale affected by existing tenancy and demolition costs More...
News & Publications 
whats-news-in-property-planning-environment-16june2009.pdf