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what’s news in property, planning & environment?
29 july 2008
latest news - national
Govt moves to take native title claims out of
the courts
19 July 2008 Lengthy court battles over native title claims could be done
away with if the Commonwealth, state and territory governments have their way.
Federal Attorney-General Robert McClelland supports negotiated packages and
says the current system for resolving native title is highly complex and there
needs to be a change of attitude on all sides.A potential problem with out-of-court
procedures is that one side may be bullied into accepting an outcome that they
are not happy with.
more.. .
Green paper on Carbon Pollution ReductionScheme 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.. .
Media release from Innovation, Industry, Science and Research Portfolio
16 July 2008 The Minister for Broadband, Communications and the Digital
Economy, Senator Stephen Conroy, and the Minister for Innovation, Industry,
Science and Research, Senator Kim Carr, has launched a handbook to assist the
building and associated industries plan for digital television switchover.
Senator Conroy said the handbook would assist developers, owners, managers
and tenants of buildings with shared antenna systems prepare for digital television
switchover.
more.. .
Property values plummet across Australia – report
14 July 2008 Plummeting property values have prompted warnings Australia
is heading for a one in a 100 year slump. New figures from property analyst
Residex showed house and unit prices in nearly every city and rural centre
fell in June, News Ltd reports.
more.. .
New Website details Water Purchases
11 July 2008 A new website has been set up to provide information on the
Australian Government's water entitlement purchases. The site contains information
on purchases made as part of the Government's $50 million water entitlement
buy-back to help return Murray-Darling Basin rivers to health. The website
includes aggregated data about the purchases, including volumes, entitlement
type, amount spent and water source (PDF) (Website)
Change property perspectives – APN
11 July 2008 Investors should be looking at property trusts as an income
stream and not a growth asset. While rising debt and declining valuations could
breach some loan covenants in trusts, Doble of APN believes many managers are
now controlling their borrowings better.
more.. .
Investigating a 'green' agricultural system
The `silvopastoralism' system is gaining worldwide attention as a potentially
profitable land-use practice, particularly following the emergence of new market
opportunities such as carbon trading. 'It is a complex agro-ecological system
so we need an economic appraisal that considers the interactions between tree
and pasture growth and the relative costs, prices and yields for livestock
and forest products,' Mr Stephens says. Research partners include CLI, the
Queensland Department of Primary Industries and Fisheries, Central Queensland
University and the Central Queensland Forest Association.
more.. .
Investors keen to jump into Aussie hotels
10 July 2008 Global investors are keen to check into Australia’s major
hotel markets, believing the sector offers considerable opportunity, according
to a Jones Lang LaSalle Hotels’ survey. The Hotel Investor Sentiment
Survey found the ‘buy’ sentiment for hotels throughout Asia Pacific
has also increased to its highest level since September 2000 as buyers outnumber
sellers.
Inflation spooking construction activity:Northbuild
7 July 2008 Building and construction activity is continuing to soften,
with inflation fears worrying many operators who can still recall the impact
of hikes in the 1970s and 80s.Northbuild Construction Managing Director Paul
Boddington says he is unsurprised today’s Australian Industry Group -
Housing Industry Association Australian Performance of Construction Index (Australian
PCI) cited market uncertainty as one of the main reasons
more.. .
current articles - national
ASIC releases proposals to improve disclosure
by unlisted mortgage and property schemes
8 July 2008 ASIC has released consultation papers and draft regulatory guides
aimed at improving disclosure to retail investors by unlisted mortgage schemes
and unlisted property schemes. ASIC’s draft regulatory guide proposes
a benchmark-based disclosure model for unlisted mortgage schemes. The eight
benchmarks differ from the ones introduced for debentures to reflect the different
risk profile of unlisted mortgage schemes and the different legal structures
and rights associated with this type of investment.
Consultation
Paper 99 Mortgage schemes – improving
disclosure for retail investors (including the draft regulatory
guide)
Consultation
Paper 100 Unlisted property schemes – improving
disclosure for retail investors (including the draft regulatory
guide)
Energy Revolution: a sustainable Australia energy outlook. Author: Vincent,
Julien ; Teske, Sven; Greenpeace Australia Pacific Source: Sydney :
Greenpeace Australia Pacific, 2008; pp 48, ill. Subjects: Energy consumption;
Renewable energy; Energy efficiency; Greenhouse effect; Energy policy; Solar
energy; Statistics
more...
Liability of councils and council officers for criminal and civil liability – some
thoughts on recent cases Author: Morris, Jeremy Source: Local
Government Law Journal Vol 14 No 1 2008: pp 44-51 The courts have reconsidered
and refined the issues regarding the exposure to criminal and civil prosecution
of the individual employed by a council, exercising his or her statutory
functions, and the exposure of the council for the omissions of its own officers.
These issues have implications for both criminal and civil liability, as
the cases I have selected will show. The recent cases illustrate the diverse
implications of the relationship and their significance for risk management,
insurance, contractual arrangements and employee relations.
Finance Law: Draft Personal Property Securities Bill 2008 Author: Henderson-Kelly,
Sandra Source: Proctor, Vol 28 No 6 July 2008: pp 17-19
Financial Services and credit reform: the green paperAuthor: Howatson,
Graeme Source: Proctor, Vol 28 No 6 July 2008: pp 53-54 Mortgages, Trustee
corporations, margin lending, debentures, property spruikers, credit products
Green leases: a two-way streetAuthor: Thompson, Mark Source: Property
Australia, July 2008: pp 96-97 Understanding the terms and conditions of green
leases
Trespass, injunctions and damages Author: Butt, Peter Source: Australian
Law Journal, Vol 82 No 6 June 2008: pp 364-365
Recovery of chattels in the common and civil law:possession, bailment, and
spoliation suits Author: Aitken, Lee Source: Australian Law Journal,
Vol 82 No 6 June 2008: pp 379-391
Green marketing and carbon offsets areas ofconcern for ACCC Author: Samuel,
Graeme Source: Keeping Good Companies, Vol 60, No 6, July 2008: pp 359-361
latest news - victoria
Channel deepening opponents face massive legalbill
15 July 2008
Mr Morehead told Justice Tony North that attempts to mediate the costs issue
had failed. The costs for the three-day hearing, plus other legal preparation,
would appear likely to add up to a six-figure 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.. .
DFO rival off to court over lack of candour
18 July 2008 Melbourne outlet shopping centre developer DFO is facing allegations
of misleading and deceptive conduct in relation to its latest centre due to
open in Canberra next month. Brand Depot, about five kilometres from DFO Canberra,
has launched litigation against DFO under the Trades Practices Act. The move
follows Supreme Court proceedings begun last year by Brand Depot. These proceedings
were linked to land zoning.
more.. .
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.. .
Market traders angry about rent increases
16 July 2008 Traders at the South Melbourne Market are angry about rent
increases and some traders say their rent is almost doubling. The Port Phillip
Council says it is raising rates to better reflect the local property market
and recoup costs of recent renovations.
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.. .
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.. .
Desalination plant not included in $500000 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.. .
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.. .
Vic clubs lockout 'a failure'
9 July 2008 Experts on the Victorian government's alcohol taskforce say
the 2am lockout trial at inner-city licensed premises is an "unmitigated
failure". The lockout affects licensed venues in the Melbourne, Yarra,
Port Phillip and Stonnington councils but 120 venues have been exempted from
the trial following appeals from their managements.
more.. .
Last bid to stand at fall of the hammer
4 July 2008 New regulations introduced will protect the highest bidder at
the fall of the hammer at property auctions. The Victorian Government said
new property auctions introduced on June 30 will stay.
cases - victoria
Brady King Pty Ltd v Commissioner of Taxation
[2008]
FCAFC 118
TAXATION – Goods and Services Tax – whether property developer "held" or "acquired" interest
in strata units before commencement of GST Act on 1 July 2000 for purpose of
determination of GST liability under margin scheme – whether property
supplied to purchaser required to be identical in juridical terms to property
acquired – contract to purchase property with exclusive licence enabling
access for purpose of carrying out non-structural works entered into prior
to 1 July 2000 – creation and sale of residential stratum units on settlement
after 1 July 2000
VCA and Ors and Australian Prudential Regulation Authority [2008] AATA 580
Corporations – prudential regulation - disqualification of responsible
officers – whether Trustee or responsible officers breached covenants – meaning
of covenants – meaning of ordinary prudent person covenant – meaning
of best interests covenant – meaning of “reserve” – meaning
of fit and proper person – decisions set aside
Acts
Interpretation Act 1901 ss
8 , 15 , 15AA , 15AB Administrative
Appeals Tribunal Act 1975 ss
3 , 23B (f) 2A , 33 , 33 (2A), 37 (1), 39 , 40 and 43 Administrative
Appeals Tribuna l Amendment
Act 2005 Administrative
Decisions (Judicial Review) Act 1977
s 39B
Australian
Securities and Investments Commission Act
2001 s
261 Corporations
Act 2001 s
180 Evidence
Act 1995 ss
4 and 137 Financial
Sector Legislation Amendment (Review of Prudential Decisions) Act 2008
Item 70(9)(b) of Schedule 1
Freedom
of Information Act
1982 s
61(1) Property
Law Act 1958 (Vic) s
144 Superannuation Industry Supervision
Act 1993 ss 3, 10, 19, 21(2), 26, 27A , 27C, 28, 29,
31, 34, 52, 55, 58, 59, 62, 86, 93(4), 106, 109, 110,
111, 120, 121, 120A, 126, 126A, 126B, 126D, 152, 126E,
193, 196, 197, 199, 202, 203, 205, 206, 207, 215, 220,
263, 265, 267, 280, 284, 298, 313(2), 314, 315, 320,
321, 322, 324 and 344
more.. .
Body Corp 406 7710 v Port Phillip CC [2008]VCAT 1039
Height of building; Impact on day lighting; and shadow of adjoining residential
properties; Height Controls; Schedule 6 to Design and Development Overlay
P T Limited v Minister for Planning [2008]
VCAT 1240
Planning and Environment; Heritage; Central city policies; Podium setback
from tower policy; pedestrian connectivity policy; street frontage activation
policy; appropriate entry egress for car park and loading bay; abuttal to heritage
theatre; raffic circulation.
more.. .
articles - victoria
Water: greed over good governance
The Murray/Darling River System stands as stark illustration of greed over
good governance and the effect of climate change. Environment - Bruce Haigh
- posted 9/7/2008
more...
practice notes/directions - victoria
ACCC releases issues paper for bulk watercharge
rules
The Australian Competition and Consumer Commission today released its issues
paper seeking submissions on the development of water charge rules for bulk
water suppliers. The water charge rules are an important component of the new Water
Act 2007. The development of water charge rules will contribute to the
sustainable and efficient management of water resources and infrastructure
in the Murray-Darling Basin. Submissions must be provided to the ACCC by 5
p.m. on Friday, 18 August 2008. Issued: 7th July
2008 Release # NR 192/08
more.. .
Landlords and Retail Premises
The Retail Leases Act 2003 ('RLA' has been with us since 1 May 2003. Despite
the fact that the RLA has been operational for some time, Landlords are still
not familiar with its provisions and are not complying with some key obligations
imposed upon them pursuant to the RLA.
more.. .
latest news -new south wales
Councils Call for IPART Review of Election Cost
Blow Out
17 July 2008 IPART have been called on to investigate why ratepayers will
be forced to fork out millions of extra dollars to pay for the September local
government elections. The call follows councils across the state receiving
quotes several times more than for the 2004 elections - without adequate explanation.
more.. .
Protecting hallowed turf could cost $15m
20 July 2008 Protecting the turf at Randwick racecourse from the feet of
up to 500,000 pilgrims will cost at least $15million. The World Youth Day event,
which will involve a $40 million State and Federal Government compensation
package to the racing industry, has highlighted to many the need for a long-term
plan for the future of the racecourse.
more.. .
Sydney needs airport at Newcastle: govt
18 July 2008 The NSW government has called for an immediate start to planning
for a second Sydney airport and its favoured site is Newcastle. The call is
reportedly made in the state government's wide-ranging submission to the federal
government's aviation review.
more.. .
Council must pay damages
12 July 2008 The owners' corporation of a Brighton-Le-Sands building will
be awarded damages after winning a NSW Supreme Court case against Rockdale
Council for failing to ensure the installation of fire safety systems. According
to a court judgement, the council approved the 11-storey building at 36-42
Princess Street, which includes the ground floor Coles supermarket, in 1997
after selling the land to Brighton-Le-Sands developer Oceanview Group Holdings
Pty Ltd. The court ruled the council was negligent and breached its statutory
duty by incorrectly approving the height as under 25 metres and failing to
refer the application to the NSW Fire Brigades.
more.. .
NSW Government Grants Consent For 'The Royal' Redevelopment
10 July 2008 NSW Planning Minister Frank Sartor, today approved a $90 million
first stage of the revitalisation of the former Royal Newcastle Hospital site.
The approved 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.. .
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.. .
cases – new south wales
Filidelfia Projects v Ku-ring-gai Council [2008] NSWLEC
1274
Development Application:- erection of a residential flat building -impact on
heritage item
Cranebrook Sales Pty Limited v Penrith City Council [2008]
NSWLEC 1260
Development Application; Development Control
Plan
- Subdivision, flood liable land, land fill, hazard classification, effects
on flood characteristics
Equity - General Principles - Trusts. Property
purchased by two persons. Deductions as to proportional ownership and
findings as to an account of mortgage repayments and outgoings on the
property
Contract - Mistake - Rectification -Contract
for sale of land at $2,050,000 - Whether common intention that price
was $2,050,000 plus GST - Whether unilateral mistake by vendor to the
knowledge of purchaser and with intention to conceal mistake
latest news - queensland
ACCC proposes to grant authorisation to centralQueensland
regional councils
17 July 2008 The Australian Competition and Consumer Commission has issued
a draft determination proposing to grant authorisation* to the Rockhampton,
Gladstone, Central Highlands and Isaac Regional Councils to allow them to conduct
a joint tender for provision of waste, recyclables and ancillary waste services. "The
ACCC considers that the joint tender is likely to result in cost savings to
ratepayers and potentially environmental benefits through the introduction
of best practice recycling and the diversion of waste from landfill
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.. .
Brisbane's newest parkland benchmark for future development
13 July 2008 The State Government has unveiled Brisbane’s newest park,
which has transformed industrial land at Hamilton into riverfront parkland
and returned it to the public for the first time in decades. This great park
showcases the future of urban redevelopment, with the Urban Land Development
Authority continuing with the master planning process for the 304ha Northshore
Hamilton urban development area.
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 projectThe
appeal, backed by local high-rise residents, could leave Gold Coast City Council
liable to legal action from contractors.
more.. .
Optus refutes Qld council claim
18 July 2008 Gold Coast City Council acting Mayor Daphne McDonald 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.. .
Council seeks $1.5 million from State Government
18 July 2008 The Whitsunday Regional Council will seek up to $1.5 million
in funding from the State Government to "cover the cost of amalgamating
the Bowen and Whitsunday Shire Councils." Mayor Mike Brunker said the
$550,000 Whitsunday Regional Council received to cover amalgamation costs was
well short of the real cost of amalgamation.
more.. .
Finally, approval for once 'appalling' tower
11 July 2008 Brisbane City Council is set to approve a 73-storey residential
tower on Adelaide street in the CBD two 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 three levels of
commercial space.
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 says it is safe and and reaches Environmental
Protection Agency (EPA) standards. It will fight the ABC's move to cancel the
purchase because of elevated levels of radioactive material in the area.
more.. .
cases - queensland
Calvisi & Ors v Brisbane City Council & Ors;Morgan
v Brisbane City Council & Ors; Upham v. Brisbane City Council & Ors
[2008] QPEC 045
Submitter appeals against Council approval of development application for
site in medium density living precinct within the New Farm Teneriffe Hill Local
Plan – site adjacent to heritage places (one so listed after Council
approved development of a larger, taller building in its place) – site
itself contained another heritage place (16 storeys and 13 storeys in height)
to be sub-divided off in approved reconfiguration – acceptable solutions
in applicable Local Plan code of 5 storeys maximum height and plot ratio of
one substantially exceeded by approved tower of 10 storeys – related
performance criteria found to be satisfied – Local Plan prevailed over
Brisbane City Plan 2000 so that general provisions under which proposal was
high density rather than medium density living were not determinative – river
views held “maintained” notwithstanding obstruction by the tower – whether
the development application invalid for failure to include (1) an area of road
to be closed and amalgamated with the site, (2) land owner consents (3) demolition
of an undistinguished building on the site (because it was on a “heritage
place”), (4) a material change of use to cover intensification of the
use associated with the designated heritage place buildings on the site – issues
included heritage, architecture, urban design and visual amenity – proposal
considered to produce an acceptable “visual relationship” with
neighbouring and nearby buildings.
more.. .
legislation - queensland
Commonwealth
Acts
Australian Energy Market Amendment (Minor Amendments) Act 2008 (Act No 60
of 2008)
Environment Protection and Biodiversity Conservation Act 1999 - section 269A Instrument
Adopting Recovery Plans (06/07/2008) (WA, QLD)
Legislative Instrument - F2008L02578
This instrument adopts 10 Recovery Plans made by Western Australia and 3 Recovery
Plans made by Queensland for listed threatened species. Classification: Plans
Date Registered: 18/07/2008
more...
Queensland
Regulations
Environmental Protection Legislation Amendment Regulation (No. 3) 2008 (SL
No 216 of 2008) Land Protection (Pest and Stock Route Management) Amendment
Regulation (No. 1) 2008 (SL No 190 of 2008)
Regulations
Aboriginal Land Amendment Regulation (No. 3) 2008 (SL No 223 of 2008)
Consumer Credit (Queensland) Special Provisions Regulation 2008 (SL No 222
of 2008) (principal)
Proclamation commencing remaining provisions Consumer Credit (Queensland) and
Other Acts Amendment Act 2008 (SL No 221 of 2008)
Nature Conservation (Protected Areas) Amendment Regulation (No. 2) 2008 (SL
No 224 of 2008) Water Amendment Regulation (No. 2) 2008 (SL No 219 of 2008)
practice notes/directions - queensland
Queensland Consumer credit legislation
From 31 July 2008, a maximum cap of 48 per cent per annum, including interest,
fees and charges, will apply to consumer credit contracts in Queensland. The Consumer
Credit (Queensland) Special Provisions Regulation 2008 prescribes a formula
for calculating the total cost of credit to determine whether it is under the
capped rate. To see the regulation, download below.
more.. .
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