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what’s news in property, planning & environment?

9 september 2008

latest news - national

Oil spill compensation legislation strengthened

29 August 2008 The Federal Parliament has approved legislation to strengthen the compensation regime for oil spills which occur within Australian waters. The Protection of the Sea Legislation Amendment Bill 2008 sees the maximum amount of compensation quadruple up from $350m to $1.3b.

Shopping centres still squeezing small business leases

28 August 2008

The Productivity Commission’s inquiry report into The Market for Retail Tenancy Leases in Australia does not go far enough to address imbalances in bargaining power between large shopping centre landlords and small retailers, according to the National Institute of Accountants. The report released today examines the operation of the retail tenancy market in Australia and identifies eight recommendations for change. Despite the substantial body of retail tenancy legislation, the NIA says small retail tenants continued to be concerned about leases over which they feel they have little or no control.

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Clean coal gets the green light

18 August 2008 A federal parliamentary committee has given the green light to burying carbon pollution under the ground - and suggested taxpayers pay any clean-up bills. The world's first laws to allow companies to capture carbon dioxide emissions from power stations and bury them under the seabed are under consideration in Canberra. Called Carbon Capture and Storage (CCS) - or "clean coal" -the technology is held by some to be central to Australia's efforts to tackle climate change.

legislation - national

Lands Acquisition Legislation Amendment Act2008 – Proclamation

F2008L03227 - Finance This Proclamation provides for the commencement of Schedules 1 to 3 of the Lands Acquisition Legislation Amendment Act 2008.

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articles - national

Fraud by bank’s agent infects registered mortgage Author: Butt, Peter Source: Australian Law Journal, Vol 82, No 8 August 2008: pp511

Compensation for marine pollution Author: Butt, Peter Source: Australian Law Journal, Vol 82, No 8 August 2008: pp527

When is a licence an interest in land Author: Butt, Peter Source: Australian Law Journal, Vol 82, No 8 August 2008: pp513

Damages for breach of covenant against altering premises without landlord’s consent Author: Butt, Peter Source: Australian Law Journal, Vol 82, No 8 August 2008: pp513-514

Accounting for owner-occupied property: goldmine or landmine? Author: Parker, David Source: JASSA, Issue 2 2008: pp34

Conveyancing and Property Law: Joinder to a later unsigned document Author: Dixon, Bill Source: Queensland Lawyer, Vol 28, No 6, June 2008: p276-277

The impact of an emissions trading scheme on state government budgets Author: Richardson, David, Denniss, Richard Source: [Canberra]: Australia Institute, 2008, pp11 Subjects: Emissions trading; Budgets; Compensation; Federal state finances; State energy authorities more...

Climate resilient cities: a primer on reducingvulnerabilities to climate change impacts and strengthening disaster risk management in EastAsian cities Author: Ranghieri, Federica, Sinha, Ravi, Kessler, Earl Source: Washington, D.C. World Bank, 2008; xxi, pp150Subjects: Greenhouse effect; Climate change; Cities and towns; Town planning; Asia, East; Natural disasters; Sustainable development; Risk management; overseas item more...

The minerals boom and Australia's 'resource curse' Author: Goodman, James, Worth, David Source: Journal of Australian Political Economy; June 2008; no.61; pp201-219 Subjects: Economic booms; Minerals; Mining industry; Environmental impact; Resource security; Social impact; Socioeconomic status

Collaborating to a purpose: review of the Cooperative Research Centres ProgramAuthor: O'Kane, Mary Source: Canberra: Dept. of Innovation, Industry, Science and Research, 2008 Subjects: Cooperative Research Centres; Scientific research; Committees and inquiries more...

A killing in clean technology There is money to be made in cleaning up the environment. Environment - Paul Gilding - posted 18/8/2008 more...

latest news - victoria

New hazardous waste reduction funds

A second round of funding for the Victorian HazWaste fund, providing financial support for new hazardous waste reduction initiatives has been announced. The HazWaste Fund is administered by EPA Victoria and any organisation involved in generating, treating, transporting, researching or disposing of hazardous waste or contaminated soil is eligible to apply for funding. Information and application forms are available at

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Tank Up For Melbourne Drought Proofing

25 August 2008 Archicentre has called for smarter environmental design of buildings, backed by legislation and government policy to drought proof Melbourne, with domestic Water Harvesting a major priority. The organisation advocates that all housing being resold should have to pass the basic Climate Change Certification with the inclusion of a water tank connected to the toilet, insulation in the roof, dual flush toilets, water efficient showerheads and taps and solar panels for power. (Archicentre)

Environmental study gives desal plant green light

21 August 2008 The Victorian Government's environmental effects study (EES) on the state's $3.1 billion desalination project has found there will be no long-term or irreversible damage to the environment from the construction or operation of the project. However, the report also states that more than 1.4 million tonnes of greenhouse gas will be pumped out during the construction of the plant, and another 1.2 million tonnes emitted each year once it is operating. (Vic Premier's Department) more.. .

Some facts about Murray-Darling Basin Water Extractions

21 August 2008 Queensland Water Minister Craig Wallace has defended the state's irrigators, accused of taking record amounts of water from the Murray-Darling river system, stating Queensland irrigators take less than five per cent of the total water extracted from the basin each year. The fact is the lion’s share of water taken from the Murray-Darling Basin every year is taken by NSW, Victoria and South Australia Queensland water laws give priority to environmental flows ahead of water extractions.

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Costs court legislation introduced

20 August 2008 A new court with the power to resolve litigation cost disputes will be established under legislation introduced into the Victorian Parliament. Deputy Premier and Attorney-General Rob Hulls said the Victorian Costs Court would create a single entity to resolve costs disputes arising from litigation between legal practitioners and clients.

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AIPM buys Melbourne strata manager

21 August 2008 Australian Institute of Property Management has bought Melbourne based strata management business, the INSiTE Group. The transaction included almost 11,000 lots and will add a further 30,000 lots to APM’s management portfolio.

Victorian Government releases EES for proposed desalination plant

20 August 2008 The Victorian Government has released the Environmental Effects Statement (EES) for the planned desalination plant near Wonthaggi.

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Blocking Goulburn's pipeline 'disastrous'

20 August 2008 The Mayor of Goulburn, Paul Stephenson, says three councillors are 'messing around' with the future of the area by stalling the development of a water pipeline

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Tobacco strategy to go for consultation

21 August 2008 Bans or restrictions on tobacco displays in retail outlets are proposed under the Victorian government's new tobacco control strategy. The government had previously signaled intentions to completely ban tobacco point-of-sale displays in retail outlets, but it is now providing another option, that displays are reduced in size from four square metres to one square metre.

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legislation - victoria

Commonwealth

Proposed Commonwealth legislation

The programme of legislation proposed for introduction in the Spring Sittings 2008.

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AusLink (National Land Transport) AmendmentBill 2008

A Bill for an Act to amend the AusLink (National Land Transport) Act 2005, and for other related purposes Date Published: 28/08/2008

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Emergency Water (Murray-Darling Basin Rescue)Bill 2008

A Bill for an Act to provide for emergency measures to ensure the environmental and economic sustainability of the Murray-Darling Basin, and for related purposes Date Published: 28/08/2008

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Victoria Regulations

Estate Agents (Contracts) Regulations 2008 (SR No 97 of 2008) (principal)

practice notes/directions - victoria

Owner’s corporations information forums

Owners Corporations Victoria, with funding provided from the Victorian Property Fund, is conducting free owners corporations information forums during September and October. The forums are intended to help owners and managers understand their rights and responsibilities under the new Owners Corporations Act 2006, which went into effect on 31 December 2007. Information and bookings: For information and bookings, please call Owners Corporations Victoria on 03 9416 4688, email This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or visit www.ocv.org.au

Consultation on undertakings for environmentalprotection

The Victorian Government has released a discussion paper on the use of enforceable undertakings for breaches of environment laws. Environment and Climate Change Minister Gavin Jennings said the discussion paper seeks community feedback on the use of Enforceable Undertakings for companies and individuals who breach the Environment Protection Act. Community feedback is sought on all aspects of the discussion paper, particularly how the community views undertakings as opposed to prosecution and the types of offences to which they might apply. Feedback is sought by Friday 26 September, 2008. More information is available at www.epa.vic.gov.au

cases - victoria 

Martino Properties Pty Ltd v Blue Danube Pty Ltd (Retail Tenancies) [2008] VCAT 1609

Retail premises lease; terms; claims for unpaid rent and money expended; cross claim for fit out costs, loss on resale of plant and equipment, the benefit of a planning permit and losses due to burglary.

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Eureka Funds Management Limited & Anor v Freehills Services Pty Ltd [2008] VSCA 156

Landlord and tenant – Lease - Interpretation of terms 'current annual market rental' and 'current annual market rental value' in rent review provisions – Rental determination by expert in respect of office premises

– Whether in accordance with the lease and thus binding on the parties – Appeal allowed.

Velissaris v Fitzgerald & Anor [2008] VSCA 152

Practice and procedure – Costs – Indemnity basis – Leave to appeal – Whether costs discretion miscarried – Proceeding for removal of caveat – Calveat lodged in contravention of earlier orders – Indemnity costs awarded against party lodging caveat on behalf of caveator – Proceedings commenced to seek removal of caveat – Whether relevant to exercise of costs discretion that lodgement of caveat calculated to provoke litigation – NMFM Property Pty Ltd (No 2) (2001) 109 FCR 77, considered.

latest news - new south wales 

Iemma pushes on with power sell-off

29 August 2008 Premier Morris Iemma has revised his $25 billion plan to privatise electricity — after the original was scuttled in Parliament — but warned residents of increased electricity costs.

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Ratepayers out of pocket $5m after developerconcessions

21 August 2008 12:00AM1219240800000 Auburn ratepayers lost more than $5 million because of their council's failure to responsibly manage public assets, with a developer granted a number of concessions by the council, a government report has found. The report, which the Local Government Minister, Paul Lynch, tabled in State Parliament yesterday, has been forwarded to the Independent Commission against Corruption.

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articles - new south wales

Damages for breach of covenant against altering premises without landlord’s consent Author: Butt, Peter Source: Australian Law Journal, Vol 82, No 8 August 2008: pp513-514

practice notes/directions - new south wales

NSW: Donation disclosure laws begin 15 September

21 August 2008 Provides an overview of the new reporting requirements under the planning and local government legislation in relation to political donations and gifts.

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cases - new south wales

Prestige Residential Marketing Pty Limited v Depune Pty Limited [2008] NSWCA 179

Principal and agent – action for recovery of commission by agent – sale of property – whether agent was effective cause of sale Evidence – whether judge relied on inadmissible material – whether finding of fact based on assessment of witnesses’ credibility should be set aside.

Property, Stock and Business Agent’s Act 2002 (NSW)

Twomey v Blanch & Anor [2008] NSWSC 826

Easements – right of way – Plaintiff seeks four points of access from right of way to his land – whether all are reasonably required for use and enjoyment of Plaintiff’s land. Conveyancing Act 1919(NSW) – Schedule 8, Part 1

Barrington Tops Developments Pty Ltd v Low [2008] NSWSC 832

Community Land Development Act 1989 Environmental Planning and Assessment Act 1979 s 80 (3)

Westpac Banking Corporation v Victor Warren Ollis & Ors [2008] NSWSC 824

Mosman Municipal Council v Kelly (No. 2) [2008] NSWLEC 229

David Kettle Consulting Pty Ltd v Gosford Council [2008] NSWLEC 1328

Blandino & Ors v Giardini & Ors (RLD) [2008] NSWADTAP 55

latest news - queensland

Conveyancers find way to break the land lawmonopoly

Conveyancers are planning to break the solicitors' monopoly by establishing their own incorporated legal practices -- a business structure that has been permissible under the Queensland Legal Profession Act for just over a year. Queensland Law Society president Megan Mahon said the plan would be permissible under the state's Legal Profession Act, as long as all statutory requirements were met but urged Queenslanders to continue taking their conveyancing work to solicitors because their transactions would be in safer hands.

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Life Ban for Real Estate Agent

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Public opinion sought on new North Bank plan

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Optus in compo deal, adds backup links

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Traveston farmers 'deserve compo' 20 August 2008 A number of farmers whose properties are being acquired for a proposed Queensland dam will dip out on aged and carers pensions, the Federal Opposition says. But several farmers forced to sell their properties to make way for the $1.7 billion Traveston Crossing dam near Gympie will no longer be eligible for an aged or carers pension because a concession is only available to those who have held their land for 20 years continuously.

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State calls-in heritage-listed Yungaba development

20 August 2008 Deputy Premier and Minister for Infrastructure and Planning Paul Lucas has “called-in” a development application for the State heritage-listed Yungaba Immigration Depot at Kangaroo Point. A development application by Australand to preserve, restore and adapt the heritage-listed Yungaba building, and build a new multicultural centre plus three, eight-storey apartment blocks on the site, was approved by Brisbane City Council on 27 June 2008. The Yungaba building was the first building protected on the State-listed Heritage register.

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Summary and consultation: About North Bank

North Bank is a two kilometre stretch of Brisbane’s CBD riverfront from the William Jolly Bridge to the Goodwill Bridge currently dominated by the Riverside Expressway. North Bank is perfectly placed to become a dynamic inner city attraction and riverfront public space to complement its cross river neighbour, the iconic South Bank. The information below summarises the investigations and key findings of the enquiry by design workshop including the design guidelines which will be used to guide the future development of North Bank. This is your opportunity to have your sayand contribute to the future development of this important part of Brisbane, by Wednesday 24 September 2008. Provide your feedback to email:

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legislation - queensland

Queensland

Regulations

State Development and Public Works Organisation Amendment Regulation (No. 5) 2008 (SL No 257 of 2008)Current reprints

Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 No.1F revised Nature Conservation (Protected Areas) Regulation 1994 No.12I State Development and Public Works Organisation Regulation 1999 No.4A Transport Operations (Marine Safety) Regulation 2004 No.2E

Regulations

Body Corporate and Community Management (Accommodation Module) Regulation 2008 (SL No 270 of 2008) (principal) Body Corporate and Community Management (Commercial Module) Regulation 2008 (SL No 271 of 2008) (principal) Body Corporate and Community Management Regulation 2008 (SL No 269 of 2008) (principal) Body Corporate and Community Management (Small Schemes Module) Regulation 2008 (SL No 272 of 2008) (principal) Body Corporate and Community Management

(Standard Module) Regulation 2008 (SL No 273 of 2008) (principal) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2008 (SL No 266 of 2008) Mines and Energy Legislation Amendment Regulation (No. 4) 2008 (SL No 263 of 2008) Nature Conservation (Protected Areas Management) Amendment Regulation (No. 2) 2008 (SL No 274 of 2008) Recording of Evidence Regulation 2008 (SL No 267 of 2008) (principal) State Development and Public Works Organisation Amendment Regulation (No. 6) 2008 (SL No 262 of 2008) State Development and Public Works Organisation Amendment Regulation (No. 5) 2008 (SL No 257 of 2008) Storage Liens Regulation 2008 (SL No 265 of 2008) (principal) Uniform Civil Procedure Amendment Rule (No. 3) 2008 (SL No 268 of 2008)

cases - queensland

Aldi Stores v Redland City Council & Ors [2008]QPEC 057

Whether developer appeal against refusal of a development application for a supermarket should be listed for the February 2009 or March 2009 pool, where it would be ready for the former - Council contended for latter, being committed to a 4 week appeal in February - self-represented. A respondent also committed in February to sit examinations

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Exceptional Sunrise P/L v Jones & Anor [2008]QSC 190

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