what’s news in property, planning & environment?

Commercial property still strong, says Deloitte

6 May 2008 Despite concerns regarding the credit crunch, opportunities in commercial property remains strong, according to professional services firm, Deloitte. The Deloitte 2008 Real Estate Capital Markets Industry Outlook report, released today, indicates that in these uncertain economic times, commercial property globally has remained strong in terms of performance and stability. more...

Dimetridazole restrictions

10 May 2008 The APVMA today announces that it has concluded the final component of its review into atrazine, a herbicide used in Australia for decades to control grass and weeds. The APVMA undertook a major review of atrazine from 1995 to 1997 and implemented a series of regulatory actions post 1997 which resulted in cancellation of home/garden uses and changes to product labels to protect worker safety and the environment.   more...

Major Cities Unit a welcome initiative

1 May 2008 Australia’s peak building and construction industry association, Master Builders Australia, has strongly endorsed the Government’s decision to establish a Major Cities Unit to address the needs of Australia’s cities, saying that the initiative is long overdue. Harnisch said the construction industry is looking forward to the Major Cities Unit playing a central leadership role in addressing these significant urban infrastructure challenges, which must also include a major overhaul of development and planning approval processes.   more...

Court gives go-ahead for lawyers' pulp mill challenge

30 April 2008 A legal challenge against Gunns' proposed Tasmanian pulp mill has been scheduled for the middle of this year. Federal Court judge, Shane Marshall, today dismissed an application by Gunns to have the lawyers' group pay a bond as security for costs involved in the case. Gunns had estimated it would have to spend $100,000 fighting the lawyers' challenge.  more...

ATO targeting owner builders

1 May 2008 The Australian Taxation Office is targeting owner builders who may not be meeting their taxation obligations. The Owner Builders Data Matching Project will see the ATO acquire owner builder licence registration information from the following the Building Commission in Victoria and the NSW Office of Fair Trading.

Beware of the super villains

30 April 2008 Financial abuse ranges from trusted family members bringing forward their inheritance by pressuring elderly relatives for cash or property, to criminal fraud by strangers who abuse their position of trust and authority to obtain property through deception. Methods include forging the older person's signature, abusing joint signatory authority on a blank form, misusing ATM and credit cards, cashing their cheques without permission, misappropriating pensions, using deception or coercion to get an older person to sign a will, power of attorney, deed or contract, and promising care in exchange for money and property without giving that care.   more...

New system to streamline energy reporting

28 April 2008 Company reporting on energy use will be easier under a new streamlined system, Minister for Resources, Energy and Tourism, Martin Ferguson AM MP, and Minister for Climate Change and Water, Senator Penny Wong, announced today. Regulations governing the Federal Government's Energy Efficiency Opportunities (EEO) program will be amended from 1 July 2008 to enable participating companies to streamline energy use reporting with requirements under the new National Greenhouse and Energy Reporting System.   more...

Auditor-General's report on planning slamscouncils

8 May 2008 Councils will be policed to ensure they consider planning laws and policies such as the Melbourne 2030 planning blueprint, when dealing with new building projects City leaders have defended the council's planning process in the wake of a damning Auditor-General's report into Victoria's planning system. The report found that in almost 80% of cases studied across the state, councillors and staff failed to properly determine planning permit applications and then took too long to make those decisions.  It also claims Councils did not adequately comply with the (Planning and Environment) Act when amendments were made to applications before a council decision.   more...

Brumby Government initiatives to green Victorian homes

3 May 2008 Planning Minister, Justin Madden, has announced 5 star standards for home renovations and relocations which came into effect in the Building Code of Australia on 1 May 2008. He said the new energy efficiency laws are important as an anticipated 40,000 homes are renovated, extended or relocated each year. The new energy efficiency laws for the building fabric of home alterations will further reduce greenhouse gas emissions while delivering greater comfort and lower energy costs to Victorians.  

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Barry Plant Real Estate - "Gazumping" clause

7 May 2008 It would appear that Barry Plant Real Estate has adopted the tactic of having a "gazumping" clause inserted into real estate contracts. The REIC again warns consumers against allowing estate agents to tamper with the contract. A "gazumping" clause is a special condition which is inserted into a purchaser's offer by an estate agent. Effectively, it allows a latecomer to the sale to submit a "bid" to the vendor.   

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Power plant must meet health conditions: Stanhope

9 May 2008 Chief Minister, Jon Stanhope, has promised that a controversial power plant at Tuggeranong will not go ahead if there is any threat to residents' health.  

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Final scope for Desalination Project EES released

4 May 2008 The final scoping requirements for the Desalination Project Environment Effects Statement (EES) have been released today by Planning Minister, Justin Madden. Mr Madden said the 60 submissions received in response to the draft scoping requirements had provided valuable input, and a range of matters, including aspects of ecological and landscape assessment, waste and marine investigations, have been clarified as a result of the submissions process.   more...

Revolt against Victorian e-system

2 May 2008 Victoria’s move to control the future structure of electronic conveyancing has suffered a series of setbacks that could undermine its goal of sidelining the industry's non-government players. Victoria's plan, for a network of state-based electronic conveyancing systems, has been rocked by 2 independent reports and a revolt by the private sector players in the conveyancing industry including the Law Council of Australia and the Australian Bankers Association.   more...

$1.43 billion relief for home buyers and business

6 May 2008 Victoria’s first home buyers are big winners from the Budget with the Brumby Labor Government offering first home buyers a stamp duty cut of almost 17%, worth $2,460 on the median first home, on top of existing first home buyers’ assistance worth up to $12,000.   more...

What is a caveat for? Author: Wilson, TonySource:  Australian Property Law Bulletin, Vol 22(8): 2008; pp75-76

Conveyancing and Property: Easements – recent decisions Source:  Australian Law Journal, Vol 82(4): April 2008; pp232-234

Property - domestic partners - adjustment of interests - rural property - Part IX Property Law Act 1958 -

s.285 Property Law Act 1958 - considerations applicable - orders made.

Geeveekay Pty Ltd & Ors v Director of Consumer Affairs Victoria (No 2) [2008] VSC 152

Costs - legal question of national importance - resolution in public interest - whether court should or should not make usual order as to costs - no sufficient reasons to make other than usual order - unsuccessful appellant ordered to pay respondent’s costs - whether the terms contracts for the sale of land were credit contracts regulated by the Code, which is uniform national legislation.

Lane Cove Tunnel 'could go broke by 09'

9 May 2008 The Lane Cove Tunnel privately-owned toll-road operator, could go broke by late next year unless its flagging patronage improves according to the credit ratings agency Moody's. The agency does not currently believe that traffic volumes will increase to sufficient levels to service debt in the long term.  

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Metro link may 'jeopardise planning' 7 May 2008 There is concern the New South Wales Government's proposed North-West metro link between Epping and Rouse Hill will inconvenience future commuters and jeopardise years of careful planning, according to the Planning Institute of Australia.   more...

$1.8 million to help prepare for climate change 

8 May 2008 Minister for Climate Change and Water, Senator Penny Wong, today announced $1.2 million funding to investigate the effects of climate change on key coastal areas, including the Central and Hunter Coasts region of New South Wales.   more...

Government Panel smoke and mirrors

30 April 2008 The NSW Government's new Advisory Panel to assess development projects would be powerless to stop big developers pushing their plans through, say the Local Government and Shires Associations.  "All decisions made by the new panel could be overridden by the State Government," President of the Shires Association of NSW, Cr Bruce Miller said, as the panel has been announced without consultation and just weeks before a raft of planning laws, many not supported by the community, councils and industry bodies alike, are due in Parliament.  

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Combating corruption - A shared responsibility

25 April 2008 The Planning Institute of Australia (PIA) has observed with increasing concern, reports relating to the NSW Independent Commission Against Corruption (ICAC) Public Inquiry into allegations of corruption in regards to the Wollongong City Council. The Institute’s National President, Sue Holliday said “PIA is strongly committed to professional conduct and the highest ethical standards in planning practice and the Institute takes allegations of any unprofessional behaviour very seriously. A breach of these standards can result in expulsion from the Institute”.   more...

Council referred to ICAC

29 April 2008 Fairfield Council has been reported to the Independent Commission Against Corruption over the sale of land in Bonnyrigg and its subsequent development approval. A report from the Environmental Defender's Office says the council had not properly taken environmental factors into account, and may have shown bias in issuing a development approval where it has also been involved in the sale of the land.   more...

Beware when interpreting restrictive covenants Author: Masson, Jodie; Park, Jane Source:  Australian Property Law Bulletin, Vol 22(8): 2008; pp70-72

A review of unconscionable conduct in retail leases Author: Griffin, Tom Source:  Australian Property Law Bulletin, Vol 22(8): 2008; pp73-74 What is a caveat for? Author: Wilson, TonySource:  Australian Property Law Bulletin, Vol 22(8): 2008; pp75-76

Payment of deposit to seller prior to completion: a risky business Author:  Duncan, W D; Christensen, Sharon Source:  Australian Property Law Bulletin, Vol 22(8): 2008; pp77-78

Real estate agent ban

5 May 2008 The Court of Appeal has upheld the disqualification of a Gold Coast real estate agent for serious breaches of the Property Agents and Motor Dealers Act 2000. Commissioner for Fair Trading, Brian Bauer, said “the Court of Appeal had reinstated a 4year ban on the real estate licence of Heather Filippini, of Heather Filippini Island Realty at Paradise Point”.  In 2006, the Commercial and Consumer Tribunal disqualified Ms Filippini from holding a real estate licence and fined her $11,250 for obtaining a beneficial interest in property and selling a property without being properly appointed.   more...

Leighton wins $330m Eagle St development

2 May 2008 Leighton Contractors has been awarded the $330 million design and construction contract for the GPT Group’s One One One Eagle Street development in Brisbane. The high-rise will be located in the heart of the CBD’s Golden Triangle precinct and involves the design and construction of approximately 62,000m² of office space over 44 levels, 100 car parking spaces over 6 basement levels, ground floor retail space and a business centre. more...

Retirees wage legal war on villages 'double dipping'

8 May 2008 People in their eighties have been taking on some of the country's biggest companies over allegations of overcharging and double dipping on fees. Big companies have allegedly been buying up villages, accusing them of overcharging frail, aged residents through the many occupancy agreements from leasehold to strata title according to representatives from the Association of Residents of Queensland Retirement Villages.   more...

Electricity retailers face fines for misconduct

2 May 2008 2 Queensland electricity retailers will be hit with thousands of dollars in fines for breaches of the Electricity Act. Mines and Energy Minister, Geoff Wilson, told State Parliament today Origin Energy and Queensland Electricity were found to have breached the Electricity Act and the conditions of their licences.  Mr Wilson said the Regulator proposed to impose fines of $50,000 for Origin and $15,000 for Queensland Electricity.   more...

First geothermal permit issued in Queensland

1 May 2008 The first Exploration Permit for geothermal energy exploration in Queensland has been issued to NSW company Granite Power Ltd. 2 other companies, Kuth Exploration Pty Ltd and Clean Energy Australasia Pty Ltd, had commenced the native title process, the final step before the granting of their exploration permits.   more...

Gas pipeline access laws drive gas growth

1 May 2008 Queensland continues, Mines and Energy Minister, Geoff Wilson, said “there were a host of exciting gas projects in Queensland, and greater certainty about gas transportation would help them to proceed”. The National Gas Laws being enacted in Queensland will give that certainty, and at the same time provide pipeline companies with greater confidence to invest in new pipelines and to expand existing pipelines”.  

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No plans to take over council planning powers: Bligh

29 April 2008 Last week, Sunshine Coast Regional Council Mayor, Bob Abbot, expressed concern that the Government planned to takeover planning powers from local authorities and appoint an independent panel to handle the task. The independent panel will be used in the iconic legislation areas of Noosa and Port Douglas, but Ms Bligh says their use could be more widespread if councils fail to do their job.   more...

West End height restrictions may change

7 May 2008 The head of Brisbane City Council's Neighbourhood Planning committee says height restrictions could be eased for new buildings in the West End area.  

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Commonwealth Legislation proposed for winter sittings

The Department of Prime Minister and Cabinet released a listing of legislation proposed for introduction into Federal Parliament during the 2008 Winter Sittings. more...

This includes:

Great Barrier Reef Marine Park and Other Legislation Amendment Bill Offshore Petroleum Amendment (Greenhouse Gas Storage) Bill Protection of the Sea Legislation Amendment Bill

Queensland Acts

Appropriation (Parliament) (Supplementary 2006–07)
Act 2008 (Act No 21 of 2008)
Appropriation (Parliament) (Supplementary 2006–07)
Act 2008 (Act No 20 of 2008)

Current reprints

Commissions of Inquiry Act 1950 No.4 Electricity Regulation 2006 No.2B Environmental Protection Act 1994 No.8A Environmental Protection Regulation 1998 No.6H Integrated Planning Act 1997 No.9 Integrated Planning Regulation 1998 No.7 Local Government Act 1993 No.12 Recreation Areas Management Act 2006 No.1C Urban Land Development Authority Regulation 2008 No.1 Valuation of Land Act 1944 No.7 Valuation of Land Regulation 2003 No.3 Water Regulation 2002 No.5B

Bills introduced

Transport Security (Counter-Terrorism) Bill 2008 Transport Operations (TransLink Transit Authority) Bill 2008 Clean Energy Bill 2008 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and Other Acts Amendment Bill 2008 Duties Amendment Bill 2008 Water Supply (Safety and Reliability) Bill 2008

Acts as passed

Building and Other Legislation Amendment Act 2008
(Act No 13 of 2008)
Major Sports Facilities Amendment Act 2008 (Act No
15 of 2008)

Australian Capital Holdings P/L v Mackay City Council & Ors [2008] QCA 101

Environment and planning - courts and tribunals with environment jurisdiction - Queensland - planning and environment court and its predecessors - powers on appeal - where judge in Planning and Environment Court allowed appeal in relation to the refusal of a development application by Mackay City Council - where appeal lodged with Court of Appeal against decision of Planning and Environment Court - where judge in Planning and Environment Court then made further orders with respect to hearing of questions concerning residential amenity issues - where judge proposed to rule on amenity question with the intention of excluding those matters from consideration by the Court of Appeal - whether in embarking on fresh hearing judge exceeded jurisdiction - whether judge failed to take into account relevant considerations.   more...

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