Environmental Justice Report
Author: Environmental Defender's office (EDO)
Australian environment law needs to include "equitable
distribution of environmental risk", a new report from
Victoria claims. The report on "environmental justice",
the result of a year-long project focused on three Vic case
studies, made 33 recommendations for law reform (31 July 2012) More...
Towards an e-Infrastructure for urban research across
Australia
Author: Robert Stimson et al; Australian Urban Research
Infrastructure Network (AURIN)
Many challenges facing urban and built environment researchers
stem from the complexity and diversity of the urban data landscape
(02 August 2012)
More...
Report on the environmental water needs of the Lowbidgee
floodplain
NSW Office of Water
The process for water management in the Lower Murrumbidgee
(Lowbidgee) floodplain has been outlined in this report (01 August
2012)
More...
Report on the NSW Cold Water Pollution
Strategy
NSW Office of Water
This report considers the progress of the cold water pollution
strategy that aims to reduce the effect that major dams have on the
ecology of large rivers. Cold water pollution is an artificial
decrease in the temperature of river water in a natural ecosystem
(01 August 2012)
More...
Published – articles, papers, reports – Queensland
Recording Emissions Reduction Schemes in ABS
Statistics
Author: Australian Bureau of Statistics
ABS Statistics (cat. no. 5257.0.55.001) paper details the
statistical treatment of the measures legislated under the group of
Acts that are known collectively as the Clean Energy Acts that came
into force on 1 July 2012 (30 July 2012)
More...
Government Response: Australia's biosecurity and
quarantine arrangements
Author: Senate Rural and Regional Affairs and Transport References
Committee
The committee's recommendations are provided in the order they
are presented in the current report (30 July 2012)
More...
Housing finance, Australia 2012
Author: Australian Bureau of Statistics
This paper contains time series data for secured and unsecured
housing finance commitments for owner occupation, commitments for
construction or purchase of dwellings for rent or resale, and loan
outstandings to individuals/households for housing (08 August
2012)
Housing finance, Australia 2012
Public risk perceptions, understandings and responses to
climate change in Australia and Great Britain - final
report
Author: Joseph P. Reser, and others; National Climate Change
Adaptation Research Facility
Australians are accepting climate change and are taking adaptive
action, states this report (08 August 2012)
Public risk perceptions, understandings and responses to climate
change in Australia and Great Britain - final report
Property industry confidence survey
Author: Property Council of Australia
The latest Property Council of Australia-ANZ Property Industry
Confidence Survey shows Victorian respondents' sentiment
declined from 96 on the index for the June quarter to 93 for the
September quarter (04 August 2012)
Property industry confidence survey
Proposed basin plan August 2012
Author: Murray Darling Basin Authority
The re-revised Murray-Darling Basin plan with proposed changes to
water regulation guidelines and the socioeconomic implications
these differences will have to regional areas (02 August
2012)
Proposed
basin plan August 2012
Environmental Justice Report
Author: Environmental Defender's office (EDO)
Australian environment law needs to include "equitable
distribution of environmental risk", a new report from
Victoria claims. The report on "environmental justice",
the result of a year-long project focused on three Vic case
studies, made 33 recommendations for law reform (31 July 2012) More...
Final Report on water Grid Service Charges for
2012-13
Author: Queensland Competition Authority
On 24 October 2011, the Authority received a Direction Notice
under the SEQ Water Market Rules from the Minister for Energy and
Water Utilities to investigate and recommend bulk water Grid
Service Charges (GSCs) for 2012-13. The Authority has released its
Final Report to the Minister (31 July 2012) More...
Towards an e-Infrastructure for urban research across
Australia
Author: Robert Stimson et al; Australian Urban Research
Infrastructure Network (AURIN)
Many challenges facing urban and built environment researchers
stem from the complexity and diversity of the urban data landscape
(02 August 2012)
More...
In practice and courts – Victoria
VCAT Red Dot Decisions
Kennedy
v Cardinia SC (includes Summary) (Red Dot) [2012] VCAT 1057:
Operation of transitional provisions of Bushfire Management Overlay
when permit application is amended.
Sunshine
Investments Pty Ltd v Brimbank CC (includes Summary) (Red Dot)
[2012] VCAT 979: Application for a residential development on
land zoned Residential 1, but on a site proximate to an exhausted
quarry pit, on which a non-putrescible landfill is proposed, and
vacant industrial land previously used as a landfill operation.
In practice and courts – New South Wales
Australian Government's Water for the Future: third
round
The third round of funding for stormwater harvesting and reuse
projects forms part of the Australian Government's National
Urban Water and Desalination Plan, which is a key component of the
Australian Government's Water for the Future initiative and
supports urban areas to secure water supplies and reduce reliance
on traditional water sources. Details of the successful projects
are attached (08 August 2012)
More...
Proposed Basin Plan: Consultation
The Authority has prepared an altered Proposed Basin Plan for
presentation back to the Murray-Darling Basin Ministerial Council.
Basin Ministers have three weeks from 6th August 2012 to present
any further comments to the Commonwealth Minister for
Sustainability, Environment, Water, Population and Communities for
consideration (06 August 2012) More...
Department of Resources, Energy and Tourism (DRET):
nuclear dump designs tender
The tender calling for concept designs for Australia's first
radioactive nuclear waste dump. The concept design will be
appropriate for a site in arid to semi-arid areas of Australia, and
accommodate waste for at least 100 years, and equipment at the site
may be required to repackage the radioactive waste. Submissions for
the tender close in September. The design brief for the radioactive
dump follows the creation of the National
Radioactive Waste Management Act 2012 that came into effect on
4th April
Recording Emissions Reduction Schemes in ABS
Statistics
The ABS has released an information paper Recording Emissions
Reduction Schemes in ABS Statistics (cat. no. 5257.0.55.001). The
ABS expects to include estimates of the Clean Energy Acts emissions
reduction schemes in economic and environment statistics,
commencing with the September reference quarter 2012 (30 July 2012)
More...
National Submissions open for comment
Draft South-east Commonwealth Marine Reserves Network management
plan - public consultation
Submissions close 27 August 2012
Hosted by the Department
of Sustainability, Environment, Water, Population and
Communities
Strategic
framework review of the regulation of land transport of dangerous
goods: options paper
Submissions close 31 August 2012
Hosted by the National Transport
Commission
Commonwealth marine reserves - public
consultation
Submissions close 10 September 2012
Hosted by the Department
of Sustainability, Environment, Water, Population and
Communities
Department of Sustainability, Environment, Water Population and Communities:
Funding Applications
Irrigation Modernisation Planning Assistance - 29
October 2012, unless all available funds are committed
earlier
Department of Sustainability, Environment, Water, Population and Communities
EPBC Act Public notices - Public Notifications and
Referrals – Planning
2012/6492
Sibelco Australia Limited/Mining/Oyster Cove/NSW/Extension of
Tanilba Northern Dune Sand Mine, Oyster Cove, NSW Invitation
for Public Comment on Referral 02 Aug 2012
Current Draft Policies and Plans, Announcements
Inquiries receiving submissions
Inquiry into Adequacy of water storages in NSW, closes 31
August.
Inquiry into Management of public land in New South Wales, closes
31 August.
Government responses due
Kooragang Island Orica chemical leak (response due) (Thu
23).
Gazette GN 30 - Environment Protection and Biodiversity
Conservation Act 1999
Actions requiring approval include: Newmont Boddington Gold
Pty
Ltd/Mining/Boddington/WA/Newmont Boddington Gold Mine Extension
Project;
Department of Finance and Services (NSW Public Works
Division)/Mining/Woodsreef/NSW/Woodsreef Mine Major Rehabilitation
Project;
Venture Minerals /Mining/West Tullah/TAS/DSO Hematite Mine (01
August 2012)
Public invited to have a say on gas pipeline proposal in
southern NSW
The community is being invited to comment on a proposed 70km
natural gas pipeline from Bethungra to Young, in southern NSW. The
NSW Department of Planning and Infrastructure is publicly
exhibiting the environmental assessment for the proposal from 6
August to 7 September 2012 (06 August 2012)
Public invited to have a say on gas pipeline proposal in southern
NSW
Have your say on proposed landfill expansion in the
Illawarra
The public is being invited to comment on a proposed expansion of
the Whytes Gully landfill, south of Wollongong, which is being
exhibited by the NSW Department of Planning and Infrastructure from
6 August to 7 September 2012. Wollongong City Council is proposing
to expand its operations by constructing a new landfill cell
adjacent to the existing landfill area and then filling over the
existing landfill cells (06 August 2012)
Have your say on proposed landfill expansion in the
Illawarra
Feedback sought on hotel proposal at Randwick
Racecourse
The public is being invited to comment on a proposal for a hotel
at Randwick Racecourse and an associated amendment to the Randwick
Local Environmental Plan (LEP), which are being publicly exhibited
by the NSW Department of Planning and Infrastructure. The planning
proposal and development application will be on public exhibition
for one month from 1 August to 31 August 2012 (01 August 2012)
Feedback sought on hotel proposal at Randwick Racecourse
Feedback sought on development plans for Eastlakes
Shopping Centre
The public is being invited to comment on a proposal for a
mixed-use development at Eastlakes in Sydney's eastern suburbs,
which is being publicly exhibited by the NSW Department of Planning
and Infrastructure. The proponent, Crown Prosha Joint Venture, is
seeking concept plan approval to allow residential, commercial and
retail development at the Eastlakes Shopping Centre at Evans Ave
and Barber Street in Eastlakes (01 August 2012)
Feedback sought on development plans for Eastlakes Shopping
Centre
Online lodgement system for planning applications
expanded
The Department of Planning and Infrastructure has expanded the
availability of online lodgement of state significant development
and infrastructure applications to include modifications to
existing projects. Since November 2011, developers have been able
to lodge development applications online as part of the
Government's new state significant development system.
Modifications to existing approvals can now also be lodged in this
way (01 August 2012)
Online lodgement system for planning applications expanded
Green Paper: community and practitioner consultation
schedule extended
On 14 July 2012, the NSW Government released A New Planning
System for New South Wales – Green Paper. The closing
date for submissions is Friday 14 September 2012. For councils, the
closing date has been extended to Friday 5 October 2012
Green Paper: community and practitioner consultation
schedule
In practice and courts – Queensland
Australian Government's Water for the Future: third
round
The third round of funding for stormwater harvesting and reuse
projects forms part of the Australian Government's National
Urban Water and Desalination Plan, which is a key component of the
Australian Government's Water for the Future initiative and
supports urban areas to secure water supplies and reduce reliance
on traditional water sources. Details of the successful projects
are attached (08 August 2012)
More...
Proposed Basin Plan: Consultation
The Authority has prepared an altered Proposed Basin Plan for
presentation back to the Murray-Darling Basin Ministerial Council.
Basin Ministers have three weeks from 6th August 2012 to present
any further comments to the Commonwealth Minister for
Sustainability, Environment, Water, Population and Communities for
consideration (06 August 2012) More...
Department of Resources, Energy and Tourism (DRET):
nuclear dump designs tender
The tender calling for concept designs for Australia's first
radioactive nuclear waste dump. The concept design will be
appropriate for a site in arid to semi-arid areas of Australia, and
accommodate waste for at least 100 years, and equipment at the site
may be required to repackage the radioactive waste. Submissions for
the tender close in September. The design brief for the radioactive
dump follows the creation of the National
Radioactive Waste Management Act 2012 that came into effect on
4th April
Recording Emissions Reduction Schemes in ABS
Statistics
The ABS has released an information paper Recording Emissions
Reduction Schemes in ABS Statistics (cat. no. 5257.0.55.001). The
ABS expects to include estimates of the Clean Energy Acts emissions
reduction schemes in economic and environment statistics,
commencing with the September reference quarter 2012 (30 July 2012)
More...
National Submissions open for comment
Draft South-east Commonwealth Marine Reserves Network management
plan - public consultation Submissions close 27 August
2012
Hosted by the Department
of Sustainability, Environment, Water, Population and
Communities
Strategic
framework review of the regulation of land transport of dangerous
goods: options paper Submissions close 31 August 2012
Hosted by the National Transport
Commission
Commonwealth marine reserves - public consultation
Submissions close 10 September 2012
Hosted by the Department
of Sustainability, Environment, Water, Population and
Communities
Department of Sustainability, Environment, Water Population and Communities:
Funding Applications
Irrigation Modernisation Planning Assistance - 29
October 2012, unless all available funds are committed
earlier
Department of Sustainability, Environment, Water, Population and Communities
EPBC Act Public notices - Public Notifications and
Referrals – Planning
2012/6497
Townsville City Council/Waste management (non-sewerage)/Cockle Bay,
Magnetic Island/QLD/Magnetic Island Waste Transfer Station
Invitation for Public Comment on Referral 06 Aug 2012
2012/6488
Coles Group Property Developments Pty Ltd/Commercial
development/Sippy Downs/QLD/Coles property Development Sippy Downs
Town Centre Invitation for Public Comment on Referral 31 Jul
2012
2012/6489
East West Line Parks Limited/Transport - land/Abbot Point to
Alpha/QLD/Galilee Infrastructure Corridor Project Invitation
for Public Comment on Referral 31 Jul 2012
2012/6490 Invitation for Public Comment on Referral 31 Jul
2012
2012/6487 Invitation for Public Comment on Referral 30 Jul
2012
Current Draft Policies and Plans, Announcements
Sustainable Planning Regulation red tape cuts for
development applicants
Referral triggers to be removed include:
- Advice referrals for conservation estate areas, cultural heritage premises, and wetlands -
- Advice referral for premises affected by acid sulfate soils
- Concurrence referral for particular applications for preliminary approval - referrals for purposes of community uses, places of worship, and education-care service premises-child care centres (09 August 2012) More...
NQ Management projects released
The total cost of the selected projects is $330,612, with funding
allocated in the Wet Tropics (two projects - $70,000), the Burdekin
Dry Tropics (two projects - $160,612) and Mackay–Whitsundays
(one project - $100,000). The projects are to be completed by
February 2014. More information on the cane adaptive management
programs can be found at www.reefwisefarming.qld.gov.au.
(06 August 2012)
Consultation paper: Electrical infrastructure in high
rise buildings
The Government is seeking feedback to improve the resilience of
electrical infrastructure in buildings located in flood-prone
areas, with submissions closing on 31 August 2012
. The discussion paper also seeks feedback on a second Queensland
Floods Commission of Inquiry recommendation to consider introducing
a mandatory requirement to seal electricity supply conduits below
the defined flood level to prevent floodwaters from flowing through
them and flooding basements (01 August 2012)
Consultation paper - More resilient electrical infrastructure in
high rise buildings
Mines Legislation (Streamlining) Amendment Bill
2012
The Government has introduced into Parliament proposed legislation
to modernise the tenure administration system and reduce the time
taken for each tenure decision under the Streamlining Approvals
Project, clarify legislation so that resource activities and
development activities can coexist;; and support the delivery of
coal seam gas to liquefied natural gas, or CSG-to-LNG, projects in
Queensland (02 August 2012)
More...
DERM Titles Registry Update
This Alert notifies practitioners and financiers of matters
relating to Land registry forms signed and witnessed overseas being
experienced by Department of Foreign Affairs and Trade officers in
foreign posts when performing notarial functions (02 August 2012)
More...
QCA: Asset Base Roll Forward
QR Network's regulated asset base includes all rail
infrastructure required for the operation of coal train services on
the regulated network in Queensland. On 27 July 2012, the Authority
approved QR Network's roll-forward of its CQCR regulated asset
base which included $282.2 million of 2009-10 capital expenditure
approved by the Authority in February 2012 (31 July 2012) More...
Queensland Development Code: proposed
changes
Building Codes Queensland is seeking public comment on a proposal
to amend the Queensland Development Code (QDC) for construction of
buildings in flood hazard areas. The draft Code has been revised to
reflect the recommendations of the Commission of Inquiry, with an
explanatory document prepared to highlight the differences between
the two drafts. Submissions on the proposal close on 7th September
2012 (02 August 2012)
More...
QCA: Proposed Standard Access Agreements
On 27 July 2012, the Authority made a draft decision not to
approve QR Network's proposed SAAs. In doing so, the Authority
has recommended amendments to the proposed SAAs. The Authority
invites stakeholders to comment on its draft decision. Submissions
are due by 25 September 2012 The Authority will consider any
submission it receives within that time (31 July 2012) More...
Cases – Victoria
Mischel v Mischel Holdings Pty Ltd (in liq) [2012] VSC 292
CO-OWNERSHIP – Joint tenancy at law – whether tenancy
in common in equity – whether consideration given for
acquisition of share – severance of joint tenancy by
agreement and by conduct – effect of death of joint tenant
after exchange of contracts but before completion of sale of the
subject land – Delehunt v Carmody [1986] HCA 67; (1986) 161
CLR 464 – Corin v Patton [1990] HCA 12; (1989) 169 CLR 540
– Conlan v Registrar of Titles [2001] WASC 188; (2001) 24 WAR
229 – Lyons v Lyons [1967] VR 160 – Public Trustee v
Pheiffle [1991] 1 VR 19 (Pfeiffle v Pheiffle (1989) 13 Fam LR 692
(VSCFC)) – Burgess v Rawnsley [1979] Ch 429 – Transfer
of Land Act 1958 (Vic) s 42 – Evidence Act 2008 (Vic) sub-s
67(1)
EQUITY – Maxims – Equity will not assist a volunteer
– Corin v Patton [1990] HCA 12; (1989) 169 CLR 540 –
Blackett v Darcy [2005] NSWSC 65; (2005) 62 NSWLR 392 More...
Sanv Enterprises Pty Ltd & Anor v Filippou
Management Pty Ltd & Ors [2012] VCC 1016
Sale of property – property sold subject to agreement to
lease – non-fulfilment of special condition –
classification of special condition – whether basic or
contingent condition – entitlement to terminate –
entitlement to recover deposit – whether waiver of
contractual obligation – whether unconscionable to terminate
in circumstances – amendment of pleadings – agent's
duty regarding release of deposits – vendor'
LEGISLATION CITED – Transfer of Land Act 1958 – Liquor
Control Reform Act 1999 – Penalty Interest Rates Act 1983
– Supreme Court Act 1986 – Sale of Land Act 1962
– Estate Agents Act 1980 – Wrongs Act 1958 – Fair
Trading Act 1999 More...
Specialist Diagnostic Services Pty Ltd (formerly Symbion
Pathology Pty Ltd) v Healthscope Pty Ltd & Ors [2012] VSCA
175
RESTRAINT OF TRADE – Leases of premises in hospitals to
pathology laboratories – Landlord forbidden to carry on a
business similar to that of the tenant – Similar businesses
were those which served the doctors at the hospitals –
Restraint of trade doctrine applicable to lease of premises in
hospitals to pathology laboratories – Reasonableness of
restraint – Restraint protected a legitimate interest of the
covenantee – Good faith – Ad hoc implication of term as
to alteration of the physical form of the hospital – Non
derogation from grant of premises leased for use as a pathology
service provider – Landlord altering the form of the premises
a substantial interference with the tenant's enjoyment of the
lease – Restraint of trade clause to be read down pursuant to
Restraint of Trade Act 1976 (NSW) – Restraint of trade clause
in lease ran with the land – Constructive trust of
contractual obligation. More...
Sisters Wind Farm Pty Ltd v Moyne Shire Council &
Ors [2012] VSC 324
PLANNING AND ENVIRONMENT – Appeal from the Victorian Civil
and Administrative Tribunal – Declaration by Tribunal that on
remittal the Tribunal would apply the law at the time it makes its
final decision – Order of remitter had been made by consent
limiting the issues the Tribunal could consider - Changes made to
the planning scheme before the Tribunal could hear and determine
the proceeding again in accordance with the order of remitter
– Nature of the Tribunal's jurisdiction to review a
decision to refuse a permit where the proceeding has been remitted
on limited terms – Whether the permit applicant had an
accrued right to have the application determined on the basis of
the law at the time the application for review was lodged –
Esber v Commonwealth [1992] HCA 20; (1992) 174 CLR 430 –
Unger v City of Malvern [1979] VR 259 –Interpretation of
Legislation Act 1984 (Vic) s 28(2) – Victorian Civil and
Administrative Tribunal Act 1998 (Vic) ss 40, 42, 51, 148(7)
– Planning and Environment Act 1987 (Vic) ss 5, 60, 84B
– Appeal dismissed. More...
Cases – New South Wales
Owners Strata Plan 4003 v Mustafa (No 2) [2012] NSWSC
848
COSTS - Orders
Strata Scheme Management Act 1995 - s 229 More...
Stephen Wayne Velik v Noreen Steingold [2012] NSWSC
860
VENDOR AND PURCHASER - Contract for Sale of Land - conditional on
subdivision - vendor serves notice said to be notice of
registration of subdivision - contract requires completion required
14 days offer notice - completion does not take place - vendor
issues Notice to Complete - settlement does not take place within
time allowed by Notice to Complete - vendor terminates contract -
whether notice of registration of subdivision complies with
contract - whether Notice to Complete allows sufficient time for
completion - whether vendor disabled from giving Notice to Complete
by reason of vendor's breach of contract - whether contract
otherwise terminable for breach by the purchasers, even if Notice
to Complete invalid -whether deposit should be returned. More...
Guilfoyle Developments Pty Ltd v Geoffrey Craig Frumar
[2012] NSWSC 859
CONTRACT - specific performance - vendor and purchaser - contract
for sale and purchase of "off the plan" unit -
negotiations for variations for inclusion in replacement contract -
whether concluded contract - whether vendor estopped from denying
performance of variations - whether conduct of vendor misleading
and deceptive, and unconscionable - whether vendor entitled to
order for specific performance
Australian Consumer Law, Sch 2 to the Competition and Consumer Act
2010 (Cth) More...
Staldone Corporation Pty Ltd v Ku-ring-gai Council
[2012] NSWLEC 1055
The appeal is upheld.
DEVELOPMENT APPLICATION; subdivision and construction of three
residential flat buildings - whether subdivision boundary
appropriate - whether subdivision sterilises or lessens the
development potential of neighbouring properties - breach of the
height/storey development standard and the whether objection under
SEPP 1 is well founded - whether building design acceptable -
whether excessive car parking provided - location of manageable
housing - overlooking/loss of privacy impacts on adjoining
properties More...
Pyntoe Pty Ltd & Anor v Valuer General of NSW [2012]
NSWLEC 1201
The appeal is upheld.
The land value for the property at 506 Bunnerong Road, Matraville,
NSW, as at the Base Date of 1 July 2010 is $748,250.
STATUTORY VALUATION - land value at base date - development
potential More...
Eurobodalla Shire Council v Gerondal (No 5) [2012]
NSWLEC 180
JUDGMENTS AND ORDERS - Class 4 civil enforcement proceedings
concerning waste on respondent's land - respondent's
notices of motion after final judgment largely seeking to negate or
undermine final orders in these proceedings and in related earlier
Class 1 proceedings between the parties being the respondent's
appeal against a council prevention notice. More...
Cessnock City Council v Rush [2012] NSWLEC
178
COSTS - exercise of discretion to award costs in Class 4
proceedings where consent orders filed - no relevant event to
inform award of costs as no hearing on merits - conduct of parties
during the proceedings - partial award of costs made More...
Kenoss Pty Ltd v Palerang Council [2012] NSWLEC
179
On the proper construction of cl 21(b) of the Yarrowlumla Local
Environmental Plan 2002, in considering the condition precedent
therein to the grant of consent for subdivision of land in Zone No
2(v) where the subdivision takes in floodplain land
PRACTICE AND PROCEDURE - whether separate and preliminary question
should be ordered. More...
Council of the City of Sydney v Lamb (No 2) [2012]
NSWLEC 177
CIVIL ENFORCEMENT - carrying out work for which development
consent is required without development consent.
Environmental Planning and Assessment Act 1979 ss 76A, 121B
Sydney Local Environmental Plan 2005 Schedule 9 More...
Parramatta Business Freedom Association Inc v Parramatta
City Council (No 2) [2012] NSWLEC 176
The respondent is to pay 75 per cent of the applicants' costs
in both proceedings.
COSTS - Class 4 proceedings - applicants successful - whether
there should be departure from usual rule that costs follow the
event by way of apportionment of costs. More...
New South Wales Aboriginal Land Council v Minister
Administering the Crown Lands Act [2012] NSWLEC 174
ABORIGINAL - land claim - whether Crown land claimable - whether
claimed land lawfully used or occupied as a common at date of claim
- whether valid inference of use or occupation arises from business
records of common trust produced under subpoena - whether use or
occupation nominal or notional at date of claim - discharge of onus
of proof by Minister More...
Waverley Council v Bobolas [2012] NSWLEC
167
COSTS - Class 4 civil enforcement proceedings - whether
respondents should pay successful applicant council's costs of
the proceedings - whether costs hearing should be adjourned. More...
Tweed Business and Residents Focus Group Inc v Northern
Region Joint Regional Planning Panel [2012] NSWLEC
166
JUDICIAL REVIEW - challenge to validity of development consent on
ground that, in breach of s 79A(2) Environmental Planning and
Assessment Act 1979, two requirements of development control plan
as to contents of notification letters to adjoining and affected
owners not complied with - legal principles international and
domestic concerning public participation and notification - whether
compliance with notification requirements - jurisdictional fact or
conditions precedent to exercise of power to determine development
application - if development consent otherwise invalid whether
order should instead be made under s 25B Land and Environment Court
Act 1979.
Environmental Planning and Assessment Act 1979 ss 5, 23G, 79, 79A,
123 More...
Pacific Resources International Pty Ltd v UTI
(Australia) Pty Ltd [2012] NSWSC 893
EVIDENCE - expert reports - whether defendant should be permitted
to rely on further evidence - whether it would cause irretrievable
prejudice to plaintiffs More...
Curtis v Harden Shire Council [2012] NSWSC
757
NEGLIGENCE - road resurfacing works - driver fatality - whether
Council failed to provide adequate signage - duty to exercise
reasonable care - breach of duty of care - Traffic Control Plan -
statutory defence under s 43A Civil Liability Act - special
statutory power of a public authority - Wednesbury unreasonableness
- traffic control facility - "but for" test - causation
More...
Italian Forum Limited v Owners - Strata Plan 60919
[2012] NSWSC 895
PRACTICE AND PROCEDURE - judgments and orders - power to set aside
or vary orders entered -- whether power should be exercised when
application is not filed within 14 days of order being entered -
Uniform Civil Procedure Rules 2005 (NSW), r 36.16 (3A) - whether
Court can dispense with the rule in this case - Civil Procedure Act
2005 (NSW), s 14 - consideration of public policy in all persons
being entitled to rely upon orders of court - application to set
aside previous orders so much as they affect the plaintiff -
whether orders were made irregularly - asserted irregularity as to
validity of consent orders - application not properly brought by
notice of motion - Uniform Civil Procedure Rules (NSW), r 36.15(1)
not engaged STRATA TITLES - strata management statements - purpose
of strata management statement as providing for efficient
administration and operation - strata management statement has no
effect to the extent it is inconsistent with any other law,
including a by-law - whether amendments to strata management
statement are invalid because inconsistent with statutory
provisions - consideration of Strata Schemes Management Act 1996
(NSW), ss 43 and 47 and Strata Schemes (Freehold Development) Act
1973 (NSW), ss 28U and 28W More...
Hornsby Shire Council v The Valuer General of New South
Wales [2012] NSWSC 894
PRACTICE AND PROCEDURE - Notice of motion seeking firstly leave to
have the administrative law proceedings heard and determined first,
and before the claim for damages; and secondly leave to withdraw
various admissions made in the defence and subsequent defence -
whether more efficient and in the interests of justice to hear the
administrative law proceedings first - not satisfied - whether in
the interests of justice to withdraw pleadings - proceedings not
reached that stage that it would be unjust to permit a withdrawal,
no irremediable prejudice - leave granted - leave to withdraw
admission in paragraph 13 of subsequent defence - motion otherwise
dismissed More...
Ocean Star Resort Pty Ltd v David Hokyoon Kwon &
Anor (No. 2) [2012] NSWSC 897
PROCEDURE - judgments and orders - currency of judgment - interest
up to judgment finding in principal judgment Ocean Star Resort Pty
Ltd v David Hokyoon Kwon & Anor [2012] NSWSC 318 that June 2004
contract abandoned - restitution of monies paid under abandoned
contract - whether monies recovered should be paid in Korean Won or
Australian Dollars - whether interest should be paid up to judgment
- what interest rate is applicable. More...
McGinn v Ashfield Council [2012] NSWCA
238
ENVIRONMENT AND PLANNING - building control - dual occupancy -
where council required to consider development control plan when
determining development application - where development control
plan permitted dual occupancy as attached buildings - whether grant
of development consent for detached building at rear of property
valid - whether consent achieved objectives of development control
plan WORDS AND PHRASES - "street frontage" -
"frontage" – dismissed More...
Council of the City of Sydney v Li (No.2) [2012] NSWLEC
184
CIVIL ENFORCEMENT: Owner failed to comply with an order of Council
- works use not approved by Council - respondent failed to
appear
These proceedings concern the unauthorised use and alteration of
residential premises More...
Martin v The State of New South Wales [2012] NSWLEC
182
JUDICIAL REVIEW - exploration licences under Mining Act 1992 -
legitimate expectation - means "reasonable expectation" -
whether applicant afforded a reasonable opportunity to present his
case - whether Minister's delegate validly appointed.
Interpretation Act 1987, s 48(2); Land and Environment Court Act
1979, s 21C; Mining Act 1992, s 114(1)(5)(6), 293, 363 - More...
Bondi City Supermarkets Pty Limited v Waverley Council
[2012] NSWLEC 1211
DEVELOPMENT APPLICATION - amenity impacts of
refrigeration/condensers, noise vibration, heat. Building
Certificate – appeal allowed
Environmental Planning and Assessment Act 1979; Waverley Local
Environmental Plan 1996; Waverley Development Control Plan 2010 More...
Cases – Queensland
Mahoney & Ors v Chief Executive, Department of
Transport and Main Roads [2012] QLC 0037
Acquisition of Land Act 1967, s.20(2) - Determination of
compensation -- Practice and procedure -- General Application --
orders for disclosure and inspection - Applicants files and
documents generated between January 1996 and April 1997 which
relate in any way to a proposed transport corridor intended to link
Springfield with Ipswich
More...
Nickmere Pty Ltd v Dianne Mining Corporation Pty Ltd
[2012] QLC 0036
Costs – Land Court – Costs of application –
Discretion in Court to award costs – Whether costs follow the
event – Relevant circumstances
More...
Whynot Assets Pty Ltd v Trinity Green Developments Pty
Ltd [2012] QSC 205
CORPORATIONS – MEMBERSHIP, RIGHTS AND REMEDIES –
MEMBERS' REMEDIES AND INTERNAL DISPUTES – PROCEEDINGS ON
BEHALF OF COMPANY BY MEMBER – STATUTORY DERIVATIVE ACTION
– where the second respondent applies for leave to add both
plaintiffs and defendants to its counterclaim – where the
application requires the bringing of a derivative action on behalf
of one of the proposed plaintiffs - where the same counsel seeks to
represent what would effectively be both the plaintiff and the
defendant within the same proceedings – where there are
already substantial matters raised upon the pleadings to be
determined by the trial judge - whether the derivative proceedings
should be permitted to be brought within the present proceedings
– whether the second respondent should be allowed to add
parties to its counterclaim More...
Ryan v Commissioner of State Revenue, Office of State
Revenue [2012] QCAT 314
Application to review reassessment of transfer duty –
imposition of penalty tax and imposition of unpaid tax interest
– purchaser claimed concessional transfer duty –
purchaser rented property before occupation – purchaser
occupied property within 6 months More...
Legislation – Commonwealth
Airports Amendment Regulation 2012 (No. 2)SLI 2012 No.
185
This regulation amends the Airports Regulations 1997 to make
general amendments as required to correct any minor drafting or
technical errors and consequential updates, make them consistent
with the Airports Act 1996 as amended in 2010, plus other minor
updates and corrections. Administered by: Infrastructure and
Transport (09 August 2012) More...
Airports Amendment Regulation 2012 (No. 1) SLI 2012 No.
184
This regulation amends the Airports Regulations 1997 to exclude
Adelaide Airport from mandatory price and quality of service
monitoring. Administered by: Infrastructure and Transport (09
August 2012) More...
Airports (Control of On-Airport Activities) Amendment
Regulation 2012 (No. 1) SLI 186/2012
Commencement 9/08/2012 This regulation amends the Airports
(Control of On-Airport Activities) Regulations 1997 to update
references made to Australian Road Rules, and state and territory
legislation dealing with shop trading, and liquor control. It also
updates the drafting of incorporated or replaced provisions in
state and territory liquor control legislation, to improve
readability (08 August 2012) More...
Airports (Environment Protection) Amendment Regulation
2012 (No. 1) SLI 187/2012
Commencement 9/08/2012 This regulation commences on the day after
it is registered.
This regulation amends the Airports (Environment Protection)
Regulations 1997 to include minor technical amendments to ease
readability, and updating of references to other legislation (08
August 2012) More...
Airports Legislation Amendment Regulation 2012 (No. 1)
SLI 188/2012
Commencement 9/08/2012 This regulation commences on the day after
it is registered.
This regulation amends the Airports Regulations 1997, Airports
(Building Control) Regulations 1996, and the Airports (Environment
Protection) Regulations 1997 to make technical changes enforced by
amendments to the Acts Interpretation Act 1901 (08 August 2012) More...
Renewable Energy (Electricity) Amendment Regulation 2012
(No. 6) SLI 182/2012
Commencement 8/08/2012 This regulation commences on the day after
it is registered. This regulation amends the Renewable Energy
(Electricity) Regulations 2001 to prescribe two additional
emissions-intensive and trade-exposed activities eligible under the
Renewable Energy (Electricity) Act 2000 (07 August 2012) More...
Clean Energy Amendment Regulation 2012 (No. 5) SLI 181/
2012 No. 181
This regulation amends the Clean Energy Regulations 2011 to change
the definition of 'withdrawal' of natural gas and includes
two additional activities for the Jobs and Competitiveness Program
(06 August 2012) More...
Agricultural and Veterinary Chemicals (Administration) Amendment Regulation 2012 (No. 1) SLI 2012 No. 180
This regulation amends the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 to update the framework for controls on the exportation of chemicals, relating to the specified active constituents alachlor, aldicarb and endosulfan, or chemical products containing these active constituents, to enable Australia to meet its obligations as a party to the Rotterdam Convention (03 August 2012) More...
Excise Amendment Regulation 2012 (No. 2)
This regulation amends the Excise Regulations 1925 to provide
manufacturers and suppliers of liquefied petroleum gas (LPG) and
liquefied natural gas (LNG) for non-transport use with extended
reporting and payment arrangements for their excise obligations (03
August 2012) More...
Acts
Clean Energy Legislation Amendment Act No 84 of
2012
Assent 28/06/2012 Gazette No GN 27, 11 July 2012, p 1652
Commencement 3/08/2012 Schedule 5 - At the same
time as section 3 of the Clean Energy Finance Corporation Act 2012
commences
Clean Energy Finance Corporation Proclamation
2012
Proclamation provides for the commencement of sections 3 to 82 of
the Clean Energy Finance Corporation Act 2012 (02 August 2012) More...
Competition and Consumer Act 2010 - Monitoring of the
Prices, Costs and Profits Relating to the Supply of Unleaded
Petroleum Products in the Petroleum Industry in
Australia
This direction gives effect to the Australian Competition and
Consumer Commission to monitor the prices, costs and profits
relating to the supply of unleaded petroleum products in the
petroleum industry in Australia for one year, effective from 17
December 2012 (01 August 2012) More...
Bills
Illegal logging prohibition Bill 2011
Senate 28/6/2012 Standing Committee report tabled, report to be
published - Published 01 August 2012
More...
Legislation – New South Wales
Proclamations commencing Acts
Water Management Amendment Act 2008 No 73 (2012-350) —
published LW 3 August 2012
Local Government Amendment Act 2012 No 15 (2012-361) —
published LW 10 August 2012
Regulations and other statutory
instruments
Water Management (Application of Act to Gwydir Unregulated and
Alluvial Water Sources) Proclamation 2012 (2012-352) —
published LW 3 August 2012
Water Management (General) Amendment (Miscellaneous) Regulation
2012 (2012-353) — published LW 3 August 2012
Water Sharing Plan for the Gwydir Unregulated and Alluvial Water
Sources 2012 (2012-355) — published LW 3 August
2012
Local Government (General) Amendment (Special Disclosures of
Pecuniary Interest) Regulation 2012 (2012-364) —
published LW 10 August 2012
Uniform Civil Procedure Rules (Amendment No 53) 2012 (2012-365)
— published LW 10 August 2012
Uniform Civil Procedure Rules (Amendment No 54) 2012 (2012-366)
— published LW 10 August 2012
Environmental Planning Instruments
Auburn Local Environmental Plan 2010 (Amendment No 3)
(2012-357) — published LW 3 August 2012
Cobar Local Environmental Plan 2012 (2012-358) —
published LW 3 August 2012
Gosford Local Environmental Plan No 469 (2012-359) —
published LW 3 August 2012
Parramatta Local Environmental Plan 2011 (Amendment No 1)
(2012-360) — published LW 3 August 2012
Ballina Local Environmental Plan 1987 (Amendment No 103)
(2012-367) — published LW 10 August 2012
Merriwa Local Environmental Plan 1992 (Amendment No 1)
(2012-368) — published LW 10 August 2012
Mid-Western Regional Local Environmental Plan 2012 (2012-374)
— published LW 10 August 2012
Mid-Western Regional Local Environmental Plan 2012 (Amendment No
1) (2012-375) — published LW 10 August 2012
Nambucca Local Environmental Plan 2010 (Amendment No 5)
(2012-369) — published LW 10 August 2012
Nambucca Local Environmental Plan 2010 (Amendment No 7)
(2012-370) — published LW 10 August 2012
Penrith Local Environmental Plan 2010 (Amendment No 1)
(2012-376) — published LW 10 August 2012
Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No
11) (2012-371) — published LW 10 August 2012
Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No
18) (2012-372) — published LW 10 August 2012
Tweed Local Environmental Plan 2000 (Amendment No 90)
(2012-373) — published LW 10 August 2012
For the full text of Bills, and details on the passage of Bills,
see Bills.
Legislation – Queensland
Regulations
No 118:
Sustainable Planning Amendment Regulation (No. 5) 2012
—03-08-12
This Regulation provides that reconfiguring a lot will not be
'assessable development' if done for the grant of a private
residential lease under the Aboriginal Land Act 1991 or the Torres
Strait Islander Land Act 1991 over land that was subject to a
social housing lease.
No 119:
Building Amendment Regulation (No. 2) 2012
—03-08-12
This Regulation introduces simplified requirements for
air-conditioners in line with national standards, and adopts the
national building requirements endorsed by the Council of
Australian Governments.
No 120:
Water and Other Legislation Amendment Regulation (No. 1) 2012
—03-08-12
These Regulations prescribe a single assessment manager for
water-related development applications across multiple
jurisdictions, and allow vegetation destruction, excavation or
filling around a watercourse, lake or spring, properly authorised,
for the purposes of greenhouse gas storage, geothermal and
petroleum activities
No 124:
National Parks, Recreation, Sport and Racing Legislation Amendment
Regulation (No. 2) 2012 —03-08-12 - schedule of fees
under legislation listed under the Forestry Act 1959; Marine Parks
Act 2004; Nature Conservation Act 1992; Recreation Areas Management
Act 2006
No 128:
Vegetation Management Regulation 2012 – 10-08-12-
Vegetation Management Act 1999 - Approvals of particular policies,
codes and maps in matters relating to regional ecosystems
No 129:
South East Queensland Water (Restructuring) Amendment Regulation
(No. 1) 2012 – 10-08-12- South East Queensland Water
(Restructuring) Act 2007 – prescribed relevant water
entities
Bills
Penalties and Sentences and Other Legislation Amendment
Bill 2012
A Bill for An Act to amend the Childrens Court Act 1992, the Civil
Proceedings Act 2011, the Commissions of Inquiry Act 1950, the
Criminal Code, the Industrial Relations Act 1999, the Industrial
Relations Regulation 2011, the Justices Act 1886, the Land Court
Act 2000, the Penalties and Sentences Act 1992, the Penalties and
Sentences Regulation 2005, the State Penalties Enforcement Act 1999
and the Statutory Instruments Act 1992 for particular purposes, and
to make minor amendments of Acts as stated in the schedule for
purposes related to those particular purposes
31/07/2012 LA: Second Reading adjourned 31/07/2012 LA:
Second Reading
Environmental Protection (Greentape Reduction) and Other
Legislation Amendment Bill 2012
A Bill for An Act to amend the Aboriginal Cultural Heritage Act
2003, the Coastal Protection and Management Act 1995, the
Environmental Protection Act 1994, the Geothermal Energy Act 2010,
the Greenhouse Gas Storage Act 2009, the Mineral Resources Act
1989, the North Stradbroke Island Protection and Sustainability Act
2011, the Petroleum Act 1923, the Petroleum and Gas (Production and
Safety) Act 2004, the State Development and Public Works
Organisation Act 1971, the Sustainable Planning Act 2009, the
Torres Strait Islander Cultural Heritage Act 2003, the Transport
Infrastructure Act 1994, the Waste Reduction and Recycling Act
2011, the Water Act 2000 and the Water Supply (Safety and
Reliability) Act 2008 for particular purposes
31/07/2012 LA: PASSED with amendments 31/07/2012 LA:
Second Reading
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.