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what’s news in property, planning & environment?
23 september 2008
latest news - national
Residential property index derivatives to be launched
on ASX
11 September 2008
The ASX is looking to develop the first residential property index derivates.
Property data business RP Data and global real estate investment specialist
Rismark International will develop the derivatives by measuring house
price changes over time through the RP Data-Rismark Hedonic Indices,
which has exclusive access to comprehensive property databases in Australia
and New Zealand. A first for the Australian market
more...
State gifts 10.6 Billion litres to the Murray Darling
12 September 2008
The Queensland Government has announced it will gift the Commonwealth Government
with 10.6 billion litres of water from the Queensland-Murray Darling
catchment. The water will come from across the Queensland section of
the Murray Darling basin and includes allocations from the Nebine,
Moonie, Warrego and Border Rivers
more...
New research into Climate Change and waves released
10 September 2008
Minister for Climate Change and Water, Senator Penny Wong, has released new
research to improve understanding of how climate change might affect
off-shore waves and the potential impact on our coastal zones. The
$800,000 research project was jointly funded by the Department of Climate
Change and the CSIRO
more...
Time now to review property indexing
2 September 2008 APN Funds Management deputy chief investment officer Michael
Doble said index investing could no longer be relied on for traditional
income generating strategies or reducing risk. Doble said property
investors must demand greater scrutiny of index investment strategies,
which often contain an over-exposure to growth oriented trusts reliant
on corporate earnings [for income distributions] rather than traditional
rent collecting
more...
Court sits on desert to determine native title claims
11 September 2008 A court hearing today on the edge of the Simpson Desert
has determined the first native title claim on a South Australian national
park. The hearing finalised four claims over
the national park - one over a commercial lease area of the park where
there is tourism activity at Mt Dare homestead and three over the national
park.
more...
Drier 'new reality' to cost nation $30 billion to hydrate
3 September 2008 An unprecedented $30 billion will be spent on new water
infrastructure for cities over the next decade according to the latest
Water Services Association of Australia annual report card. This will
include investment of around $5 billion in replacing old and poorly
performing assets and around $2.7 billion in maintaining current assets
more...
Developers rejoice but local councils won’t be
August 2008 A recent judgment handed down by the Land and Environment Court
in New South Wales which will have developers rejoicing, is expected
to have a ripple effect across Australia. A judge in the Land and Environment
Court has ruled that council staff should be prevented from being expert
witnesses and their opinions to be excluded in planning cases. Their
opinions will be excluded. Case: Willoughby Council v Transport
Infrastructure Development Corporation (No 2)
articles - national
Renewing our future
Environment - Amanda McKenzie and Anna Rose - posted 8/9/2008 Garnaut’s
targets are not enough to get us where we want to go.
more...
ACCC targets Big Two's restrictive leases that keep
competitors out ofshopping centres [and] Metcash questions why IGA's
success was overlooked [and] Bowen stands up to problems with price
watch [and] ...And what others think of the report [and] Basket full
of criticism for new Grocery Choice website [and] Rainbow Supa IGAcomplains
to MP. Author: Flanagan, Barry; Looker, Amy Source:Subjects: Grocery
trade; Prices and charges; Web sites; Australian Competition and
Consumer Commission; Committees and inquiries Retail
World, 18 - 29 August 2008; Vol. 61(15); pp 7-11
The market for retail tenancy leases in Australia Author: Australia.
Productivity Commission Source: Melbourne, Productivity Commission,
2008, xiv, 283 p Subjects: Leases; Landlord and tenant, Retail
property, Commercial property; Government regulation
more...
Challenges for desalination in Australia.
Author: Fanning, Shelly Source: Local Government Law Journal,
February 2008; Vol.13(3); pp 192-208, bibl. Subjects: Desalination;
Environmental impact assessment; Federal state relations; Sitting
of facilities; Interstate comparisons; Legislative instruments
Is climate change litigation an effective strategy for promoting greater
action to address climate change? What other legal mechanisms might
be appropriate? Author: Huggins, Anna Source: Local Government
Law Journal, February 2008; Vol. 13(3); pp 184-191
Subjects: Climate change policy; Government regulation; Greenhouse effect;
Cases (Law); Litigation
Promoting better environmental outcomes through property rights and markets:
opportunities and limits Author: Libecap, Gary D, Australia.
Productivity Commission Source: [Canberra]: Productivity Commission,
2008, pp 40 Subjects: Land tenure, Water rights; United States;
Natural resource management; Environment policy; Environmental economics;
Environmental flows; Government regulation; Conferences
Unsettling suburbia: the new landscape of oil and mortgage vulnerability
in Australian cities Author: Dodson, Jago Sipe, Neil Griffith
University. Urban Research Program Source: Brisbane, Urban
Research Program, Griffith University, 2008; viii, 43 Subjects: Australian
capital cities; Petroleum products; Mortgages; Prices and charges;
Interest rates; Energy consumption; Public transport; Oil reserves;
Supply and demand; Socioeconomic status; Statistics; Interstate comparisons
more...
Australia's working rivers: the role of infrastructure
and water buybacks in recovering environmental flows Author: ACIL
Tasman; Crane Group Ltd Source: Melbourne : ACIL Tasman Pty
Ltd., 2008.; ix, 41, 2,3 p. Subjects: Environmental flows;
Water resources; Murray Darling Basin; Natural resource management;
Water policy; River systems; Water rights; Cost benefit analysis
more...
One step forward and one step back: the Noongar south-west
native title claim Author: Simon Young Source: Australian
Property Law Bulletin, Vol 23 No 2 August 2008: p14-17
Waiver by election: the landlord’s
loss of the right to forfeit a lease resulting from a demand for,
or acceptance of, rent Author: D’Emilio, Stephen and Arblaster,
Lucy Source: Australian Property Law Bulletin, Vol 23 No 2
August 2008: pp 23-24
The legal fundamentals of high risebuildings and master planned estates:
Ownership, governance and living in multi-owned housing Author: Sherry,
Cathy Source: Australian Property Law Journal, Vol 16, No
1 September 2008: pp1
Avoiding responsibility for misleading brochures — Is it simply a matter
of disclaimers? Author: Christense, Sharon, Duncan, Bill and
Stickley, Amanda Source: Australian Property Law Journal,
Vol 16, No 1 September 2008: p24
Characteristics of property rights Author: John Tarrant Source: Australian
Property Law Journal, Vol 16, No 1 September 2008: pp51
Recent developments in the law of caveats Author: J Aristei Source: Australian
Property Law Journal, Vol 16, No 1 September 2008: pp62
Acting for the buyer of undeveloped land Author: Hogg, Brenda Source: Australian
Property Law Journal, Vol 16, No 1 September 2008: pp72
It still doesn’t seem to register - Is the Torrens system for real
property dealings effective 150 years after its enactment in Australia?
Author: Dr White, Paul Source: Australian Property Law
Journal, Vol 16, No 1 September 2008: pp81
The market for retail tenancy leases in Australia Author: Australia. Productivity
Commission Source: Melbourne: Productivity Commission, 2008;
xiv, 283 p Subjects: Leases; Landlord and tenant; Retail property;
Commercial property; Government regulation
more...
latest news - Victoria
Compensation for drying aquifer farmers
10 September 2008 The Victorian Government has announced it will join with
the Commonwealth to compensate farmers on the Latrobe Aquifer, in Gippsland.
Groundwater levels have been falling drastically in the area since
oil and gas exploration began in Bass Strait, causing many farmers
to sink deeper bores or go without water.
more...
Explosion danger at Vic housing estate
12 September 2008 Methane gas leaking from a closed landfill into neighbouring
houses is a problem almost without precedent on a world scale, fire
authorities have told a public meeting. Residents of the Brookland
Greens housing estate at Cranbourne, south-east of Melbourne, have
been urged to leave their homes because of the leak, which is creeping
through the ground to the surface in an area beside the old tip, which
has been capped. The local council, the City of Casey, originally rejected
parts of the residential proposal by developer Peet Ltd, but the decision
was overturned by the Victorian Civil and Administrative Tribunal in
September 2004.
more...
Mirvac shelves Melbourne housing plans
11 September MIRVAC has shelved a billion-dollar housing development because
the Victorian Government refuses to change Melbourne's controversial
urban growth boundaries. Mirvac and Malaysian partner Jayaland
Corporation had planned 6500 homes for an estimated 35,000 residents
on former Defence Department land at Rockbank on Melbourne's western
fringe. But in a major setback for the developers, the Brumby Government
is standing firm against the lifting of development restrictions on
the 737ha site, which is a designated green wedge.
more...
Study raps state's farm water caps
1 September 2008 A confidential federal government study has found that
the 4% cap on the buying and selling of Water Rights is costing cash-strapped
farmers $19 million and Victoria's economy almost $6 million, as well
as 40 potential jobs.
more...
Corporations could control state's water capital
5 September 2008 Private companies may win control of Victoria's existing
public water assets as part of the deal to build the new desalination
plant at Wonthaggi. Water Minister Tim Holding refused to rule out
speculation that existing assets -beyond the desalination plant - could
shift into private hands as part of the complex deal
more...
Utility supply 'too complex'
6 September 2008 Victoria's long-term water and energy supplies are being
undermined by too many bureaucrats and not enough funding, according
to an independent report. The KPMG report has called for a review of
South Gippsland Water, Westernport Water, Gippsland Water and East
Gippsland Water — authorities responsible for urban, regional
and power-generating water resources and catchments
more...
Govt says progress being made on roadcongestion
9 September 2008 The Victorian Government says it is already working to
ease road and transport congestion in Melbourne's growth corridors.
The RACV has called for more than $3 billion to be spent on road, rail
and bus projects. It says 85 new arterial roads and new public transport
services are needed to keep up with rapid population growth
more...
articles - Victoria
Entering upon a purchase: tread cautiously – Three
Pty Ltd v Body Corporate for Savoir Faire Community Titles Scheme
3841 [2008] QCA 167 Author: Byrne, Kris Source: Australian
Property Law Bulletin, Vol 23 No 2 August 2008: pp 20-21
cases - Victoria
MQ Investments Pty Ltd & Anor v BodyCorporate
Strata Plan 342154N & Ors (No 2) [2008]
VSC 343
COSTS – Dispute between members of a body corporate
- Assignment of common property to property owners -Whether body corporate
had an obligation to remove or require removal of part of a structure
built over common property -Whether body corporate entitled to seek
costs – Whether claim for costs precluded by a mutual release – Costs
as between property owners.
Transpacific Cleanaway Ltd v SouthEast Water Limited (Real Property) [2008]
VCAT
Real Property List; Sewage backflow; Blockage in reticulation sewer leads
to backflow of sewage into customer pipe connection and flood from
lavatory pan; Water Industry Act 1994 Section 74; Whether flow
of water ‘onto’ land; Whether flow caused by ‘negligent
conduct’ on behalf of licensee operator of sewerage system;
Cost of additional maintenance and preventative measures; Wrongs
Act 1958 Parts X and XII; Whether award of damages under Section
74 Water Industry Act 1994 requires proof independently of duty
of care in favour of applicant by respondent licensee; Whether jammed
overflow relief gully constitutes a novus actus interveniens;
Whether award of damages should be reduced on basis of causal contribution
of jammed overflow relief gully; Assessed damages amounts awarded despite
some element of betterment; Items in region of sewerage flood to be
regarded as contaminated and proper for replacement even if not inundated;
Lessee obliged under covenant to repair to make good damage to premises
to be regarded as having suffered economic loss for the purposes of
Section 74(1) Water Industry Act 1994.
more...
DRJAK Pty Ltd v Bass Coast SC [2008]VCAT 1749
Planning and Environment List; Special charge; Review applications under
Sections 185 Local Government Act 1989; Proposed scheme to provide
drainage, kerbing and channelling, turning lanes etc; Apportionment
amongst ratepayers by reference to formula; Relevant road designated ‘arterial
road’ under Road Management Act 2004; Contention that
VicRoads should fund works either wholly or to a greater extent not
in itself a ground of review; Section 185(2) Local Government Act 1989;
One property under VicRoad’s policy not entitled to access to
subject arterial road required to create access from intersecting minor
road; Unreasonable to require owners of such land to contribute based
on ‘access’; Car dealership property with self-contained
drainage system; Unreasonable to require owners to contribute to drainage
elements of scheme; Not unreasonable to require owner to contribute
to road improvements including provision of turning lane; Jehovah’s
Witness Kingdom Hall with ample parking; Site deriving special benefit
allocations not unreasonable; Review application dismissed
more...
latest news - New South Wales
Scaled-Down Plans Approved For Catherine
Hill Bay
3 September 2008 The Iemma Government has approved scaled-down plans for
a residential subdivision at Catherine Hill Bay and Gwandalan on the
NSW Central Coast from 60 to 58 hectares, and included the transfer
of about 305 hectares into public ownership, stretching from Moonee
Beach to the shores of Lake Macquarie., Planning Minister
Dubbo RSL used as a test case for smoking areas
11 September 2008 A country NSW RSL club is challenging the interpretation
of new smoking laws as it faces prosecution despite carrying out renovations
costing $4 million. The country RSL is challenging NSW health inspectors
over what constitutes an "outdoor area". The action is a
test case that could either see hundreds of pubs and clubs prosecuted
for breaches or more licensed venues constructing covered terraces
more...
Developers besieged Sartor
11 September 2008 Former planning minister Frank Sartor was under siege
from right-wing warlords within the Labor Party and powerful developers
who were key party donors long before his axing from cabinet. Over the
past year, Mr Sartor has reportedly shepherded an overhaul of NSW planning
laws through parliament, reducing the powers of the planning minister
and local councils to approve large projects and creating independent
panels to do much of the work.
more...
articles - new south wales
The market for retail tenancy leases in Australia Author: Australia. Productivity Commission Source: Melbourne:
Productivity Commission, 2008; xiv, pp 283 Leases; Landlord and tenant;
Retail property; Commercial property; Government regulation
more...
cases - New South Wales
CONTRACTS – Vendor and purchaser – whether
contract for sale of land – agreement in principle – exchange
of counterparts in non-identical terms – whether unenforceable
oral agreement – whether vendors’ solicitor had authority
to exchange on vendors’ behalf – intention of parties – whether
parts differed in material respect – where counterpart signed by
purchasers amended clause containing purchasers’ warranty – where
vendors may have to run and win legal argument to have benefit of warranty – whether
course of negotiation of contract admissible aid to construction – whether
comparison of counterparts only way of identifying terms agreed on – whether
availability of rectification a pre-requisite before contract can be
found to have been entered where materially different parts exchanged – where
rectification unavailable in District Court – s 134 District Court
Act 1973 – whether counterpart signed by purchasers was agreement
in writing or memorandum or note of that agreement within s 54A Conveyancing
Act - REAL PROPERTY – sale of land – Notice to Complete – whether
contract validly terminated by process started by service of Notice – whether
vendors discharged onus of proof – time at which service of Notice
deemed to be effected when served by post – reasonable time to
complete – whether 10 days sufficient – where contract contains
additional clause deeming 14 days to be reasonable time – general
principles – s 25
(7) Judicature Act 1873 (Eng) – s 13 Conveyancing Act – application
to District Court proceedings – circumstances in which breach of
term in contract as to time gives rise to right to terminate – where
pre 1873 equity court would not have intervened to grant relief concerning
termination - EVIDENCE – witnesses – variant of Jones v Dunkel
principle – where party calls witness who could have given direct
evidence on particular topic refrains from asking questions that would
elicit information on that topic – permissible inferences – admissions – whether
judge is justified in treating statements made by a litigant-in-person
from the Bar table as of evidentiary force - APPEALS – whether
open on appeal for person who was defendant in court below to submit
that evidence did not make out essential element of cause of action sued
on COSTS – where successful party in appeal appeared in person
in court below – entitlement to indemnity for out of pocket expenses
Appeal - non-compliance with Conditions of Consent,
Orders under s121(B), streetscape, landscaped area, driveway access,
private open space, noncompliance with development controls.
Crown & Gleeson Business Finance Pty Limited v Walster and Anor [2008] NSWSC
865
Mortgages - cross-claim by mortgagor against finance
broker - mortgagor induced to mortgage home to assist employer to obtain
high interest rate bridging finance for business purposes - default under
mortgage - claim of being induced by misleading or deceptive conduct
and/or negligent misrepresentation to mortgage home - representation
made that long-term finance had been arranged - no reasonable basis for
representation -relief granted - Fair Trading
Act 1987
Bastas Architects v Willoughby CityCouncil [2008]
NSWLEC 1360
Development Application - Deemed refusal, heritage
conservation area, site adjoining one heritage item and near 2 others,
special characteristics of conservation area and heritage items, view
loss, noncompliance with building height planes and wall articulation.
latest news - Queensland
Carbon capture project to help tackle climate
change
A Queensland project will see the installation of a post-combustion capture
(PCC) pilot plant at Tarong Power Station, 45km south of Kingaroy designed
to capture 1500 tonnes per annum of CO 2 from the power station. This
is part of a broader research program to identify ways to reduce greenhouse
gas emissions from the energy sector. The PCC pilot plant at Tarong is
an integral part of the Asia Pacific Partnership on Clean Development
and Climate (APP) program's PCC Flagship Project.
more...
Health dollars for Cairns, Mackay and Mt Isa as Airport
Sale Bill passes Parliament
11 September 2008 Major expansions and redevelopments of the Cairns, Mackay
and Mount Isa hospitals are one step closer today after airport lease
and sale legislation was passed in State Parliament. Treasurer Andrew
Fraser said the Airports Assets (Restructuring and Disposal) Bill would
enable the Government to lease Cairns and Mackay airports and sell its
remaining interest in Brisbane Airport.
more...
ISPT/Brookfield giveaway greenlight for$800m project
11 September 2008 ISPT and Brookfield Multiplex will give Brisbane a free
theatre, a strategy which will now see the $800 million Queen Street
Mall project given the go ahead by the Bligh Government. Queensland Premier
Anna Bligh and Deputy Premier Paul Lucas said the State Heritage listed
Regent Theatre complex in Brisbane's Queen Street Mall will host a new
Queensland Film and Television Centre. The developers have offered to
host the Queensland Film and Television Centre at the Regent at no extra
cost to the taxpayer
Government Media Release: New Film and TV Centre for Historic Regent Theatre
more...
Queensland Government urged to develop independent
land monitor
11 September 2008 The Queensland Property Council has called on the State
Government to establish an independent land monitoring authority. It
says the body could settle the row between the Urban Development Institute
and the Local Government Association (LGAQ) over whether the industry
is holding back the supply of land for sale. The Institute this week
released a study that found so-called 'land banking' is taking place,
but the LGAQ has dismissed the findings.
more...
Developers hit back at land banking claims
11 September 2008 The Urban Development Institute of Australia has hit back
at claims that developers are manipulating the market by land banking
and drip feeding land supply to buyers. The UDIA has released a study
into land in the development pipeline by UrbisJHD, pre-empting soon to
be released a Local Government Association of Queensland (LGAQ) report
that the LGAQ says will conclusively prove land banking is rife within
the industry. The UDIA is placing the blame squarely on the shoulders
of local governments – stating that infrastructure charges and
council delays are holding up some master-planned communities for up
to 10 years.
more...
Premier Bligh unveils Q2 vision for Queensland
8 September 2008 Premier Anna Bligh has unveiled her blueprint for growing
the Queensland economy over the next 10 years and beyond. Bligh says
the document Towards Q2 Tomorrow's Queensland outlines Government's plans
and priorities for the future, including challenges such as climate change,
unhealthy lifestyles, preventable disease, population growth, and global
competition that have the potential to destroy our quality of life
more...
practice notes/directions - queensland
Have your say on the draft Rural futures strategy
One of the South
East Queensland Regional
Plan’s desired regional outcomes
is:
Rural communities that are strong and viable with sustainable economies that
contribute to the health, character and liveability of the region. The
Department of Infrastructure and Planning is now seeking public comments
and submissions on the draft strategy - specifically the actions required
to ensure the future sustainability of rural South East Queensland.
All submissions must be received by 5 pm, 3 November 2008. View
the draft Rural Futures Strategy
draft
Rural futures strategy
articles - queensland
Corporations signing under power of attorney
in Queensland – Wright Enterprises pty Ltd v Port Ballidu Pty Ltd
[2008] QSC 78 Author: Duncan, Bill Source: Australian Property
Law Bulletin, Vol 23 No 2 August 2008: pp 22
cases - Queensland
Johnston v Cardwell Shire Council [2008]
QPEC 058
Planning law – Jurisdiction of referral agency – Reconfiguration
- “Creating” new lots – Boundary realignment between
two existing lots without changing the total number of lots
more...
Herkess v Cairns Regional Council & Ors [2008]
QPEC 059
submitter appeal and the first aspect of non compliance occurred when the
submitter, Mr Herkess, failed to give notice of the appeal to the Chief
Executive of the Department of Main Roads.
more...
Davnat Developments 7 Pty Ltd & Anor v Council
of the City of Gold Coast [2008]QPEC 062
Town planning – practice - appeal -out of time - extension of time
- relevant considerations - whether costs of application payable by applicant
for extension
more...
JMS Capital Pty Ltd v Eco Beach Developments Pty Ltd & Anor
[2008] QSC 197
second contract for sale of land -purchase price was $24.5 -effectively
unconditional and was entered into after the parties had agreed to rescind
the earlier contract vendor knew that the land was not worth $40 million
and that they knew that the valuation was unreliable.
more...
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