In the media – National
CER: Record year of investment means Australia's
2020 Renewable Energy Target will be met
The CER has today released new information to the market that shows
Australia will meet the 2020 Renewable Energy Target. Of the 6,532
megawatts of new large-scale generation firmly announced since
2016, more than 4,900 megawatts is fully financed, with most
already under construction or operating, while the rest is expected
to begin construction early this year. Queensland will see the bulk
of this new construction, followed by Victoria and NSW (23 January
2018).
More...
Boosting investment in the future of the
Reef
The Australian Government is boosting investment in the Great
Barrier Reef by nearly $60 million over the next 18 months. The $60
million investment will boost the number of vessels targeting
crown-of-thorns starfish and the number of field officers to
protect the Great Barrier Reef. The funding will also provide
incentives for farmers to reduce pollution flowing into the reef
(22 January 2018).
More...
Sale of Gwydir water allocation provides
win-win
The Commonwealth Environmental Water Holder has sold 6.7 gigalitres
of Commonwealth environmental water allocations for a return of
$2.878 million that will be used to improve the environment of the
Murray Darling Basin (18 January 2018).
More...
The Coalition Government is boosting resources to support increased Traditional Owner involvement in implementing the Reef 2050 Plan with almost $1 million for a consortium of Indigenous and research organisations that will work directly with Traditional Owners to better understand and reflect their aspirations for the Great Barrier Reef and deliver on existing commitments (25 January 2018). More...
Record $12b investment will see RET met in
2020
The Clean Energy Regulator (CER) has announced
that there will be enough renewable energy projects built over the
next three years to meet the Renewable Energy Target in 2020. The
CER has previously said that to meet the Renewable Energy Target
approximately 6,000 megawatts of capacity would need to be
announced and built between 2016 and 2019 (23 January 2018).
More...
'There's nowhere to hide': Companies warned
on climate risks
Investors, regulators and litigation lawyers are all circling,
ramping up their scrutiny on how companies are planning for climate
change, how they are trying to tackle it, and what information they
are releasing about the risks it poses to their operations (20
January 2018).
More...
Review of energy efficiency legislation
The Coalition Government is undertaking the first review of the
Greenhouse and Energy Minimum Standards Act 2012
(GEMS Act) which allows the Commonwealth to set
uniform, national energy efficiency standards for appliances and
equipment. The review will include consultation with a range of
stakeholders, including industry and consumer groups as well as
state, territory and New Zealand governments. The review will
commence immediately and deliver a final report during 2018 (19
January 2018).
More...
EG acquires Parliamentary Triangle asset for $15.4
million
EG, one of Australia's leading real estate fund managers, has
acquired the East Block in Canberra as its first asset for the
CEFC-backed High Income Sustainable Office Trust
(HISOT) (15 January 2018).
More...
Distributed energy systems a key to smarter
cities
Urbanisation — along with climate change and demographic
change — stands as one of the megatrends of the 21st century.
Cities are under pressure from their growing populations and have
to prioritise investing in infrastructure such as buildings,
transportation and energy (14 January 2018).
More...
In the media – Victoria
Kiata Wind Farm to strengthen Victoria's energy
network
A new wind farm in Western Victoria will power more than 20,000
households as part of a jobs boom in Western Victoria with six
projects underway or proposed in the area. The Renewable
Certificate Purchasing Initiative supports the Labor
Government's renewable energy and climate change targets by
bringing around 300MW of new renewable energy generation into the
grid (24 January 2018).
More...
Impact Investment scores planning approval (with
compliments) for Younghusband project
Impact Investment Group has won praise from the City of Melbourne
for its plans to create "Victoria's first carbon and water
neutral adaptive reuse precinct", following planning approval
for stage 1 of its Younghusband development in Melbourne (22
January 2018).
More...
In the media – New South Wales
Better community engagement with major
projects
Community Consultative Committees for state significant projects
will be strengthened after the Department of Planning and
Environment appointed a group of high-calibre candidates to chair
these important forums for enhancing community engagement (16
January 2018).
More...
CEFC finance for largest solar farm in NSW expands
regional solar belt
The CEFC is supporting the expansion of the emerging solar
generation belt in regional New South Wales, committing $30 million
in debt finance to what will be the state's largest solar farm
(24 January 2018).
More...
UNSW goes 100 per cent renewable with breakthrough
PPA
UNSW is believed to be the first university in the world to obtain
100 per cent of its electricity from renewables, following the
signing of a corporate power purchase agreement (23 January 2018).
More...
NSW's largest windfarm highlights power of community
investment
The Sapphire Wind Farm in northern NSW has invited the locals to
invest in it – the first such co-investment project in
Australia (20 January 2018).
More...
Developer Calls on Architects to Redevelop Prominent
Chinatown Corner in Sydney CBD
A concept development application for a $127 million, 40-storey
hotel and residential tower on the site of Sydney Irish pub Scruffy
Murphy's has been submitted to the City of Sydney (17 January
2018).
More...
EPA fines unlawful waste facility on the Central
Coast
The operator of a demolition and excavation business based on the
Central Coast has been fined $7,500 by the NSW Environment
Protection Authority (EPA) for the unlawful
storage of asbestos waste (17 January 2018).
More...
Real Dairy Australia penalised for wastewater
leak
Real Dairy Australia Pty Ltd has been fined $15,000 by the
Environment Protection Authority (EPA) in relation
to an incident that resulted in wastewater discharging its dairy
processing facility in Wauchope in September 2017 (17 January
2018).
More...
Fine for mine with dusty traffic
The NSW Environment Protection Authority issued a fine of $15,000
to Hunter Valley Energy Coal Pty Ltd for excess dust at its Mount
Arthur Coal Mine, making it clear that mines must control dust from
their operations (16 January 2018).
More...
New Sydney Planning Panel Chairs
announced
Community and business leaders have been appointed to Chair the
Sydney Planning Panels to help build on their strengths to make
decisions on major development proposals (15 January 2018).
More...
Construction company fined $15,000 for polluting local
waterway
John Holland Pty Ltd is responsible for the construction of the new
Grafton Correctional Centre at Lavadia, east of Grafton (11 January
2018).
More...
In the media – Queensland
Last stage of Veloway Cycleway gears up
A $45 million project to make cycling to the CBD from
Brisbane's southside safer and faster is a step closer, with
companies invited to tender for Stage E of the Veloway 1
(V1) (29 January 2018).
More...
Renewables powers jobs, investment in Western
Downs
Large-scale projects are generating new energy, new jobs and new
investment in regional Queensland, with the Western Downs Regional
Council hosting 10 proposed projects (23 January 2018).
More...
$400 million Works for Queensland program supports 8,442
regional jobs
The Palaszczuk Government's $400 million Works for Queensland
program is proving itself a jobs-generating powerhouse throughout
Queensland, supporting 8,442 local jobs to November 2017, in a huge
boost for regional economies (23 January 2018).
More...
Work starts on power link for Darling Downs Solar
Farm
Construction is underway on the transmission line that will connect
APA Group's $220 million Darling Downs Solar Farm to the
state's electricity network later this year (23 January 2018).
More...
Fast Rail from Brisbane to Sunshine Coast Could Become a
Reality
The Federal Government is evaluating a fast rail project that could
connect Brisbane and the Sunshine Coast in as little as 45 minutes.
A consortium of planners has developed the confidential plan (18
January 2018).
More...
North Australian grazing industry to benefit from new
climate project
Graziers across Northern Australia will benefit from an $8 million
partnership between the Palaszczuk Government, Meat & Livestock
Australia (MLA) and the University of Southern
Queensland (USQ) to better manage drought and
climate risks (17 January 2018).
More...
In Practice and Courts
Commonwealth
Geological and Bioregional Assessment of the Isa
Superbasin
The Australian Government has announced the Geological and
Bioregional Assessment of the Isa Superbasin in Queensland. The
third assessment region will be announced in coming months. The
assessments will highlight the areas that are prospective for shale
and tight gas and outline any potential environmental impacts of
their extraction (18 January 2018).
More...
RET: Submitting an application for an Emissions
Intensive Trade Exposed exemption certificate in
2018
The
2018 exemption certificate application forms are now available
for companies who conduct
eligible emissions-intensive trade-exposed (EITE) activities
and are applying for exemption certificates under the Renewable
Energy Target. Recently amended regulations mean that applicants
can now choose to use either the new electricity use method or
existing production calculation method to apply for an exemption
certificate. Applicants can transition to the new method in 2018,
2019 or 2020. Exemption certificate applications for 2018 must be
made on or before 3 April 2018 (22 January 2018).
More...
More...
Australian Government Review of GEMS Act
The Australian Government will review the Greenhouse and Energy
Minimum Standards Act 2012 (GEMS Act) to
ensure that it remains appropriate and effective. This is the first
time the GEMS Act has been reviewed. A written report is expected
to be completed by mid-2018. Review terms of reference
here.
More... (22 January 2018). More...
New carbon neutral certification fees
Carbon neutral certification provides credibility to carbon neutral
claims made by organisations, or claims made relating to products,
services, events, precincts and buildings. New certification fees
are available starting 1 January 2018 (18 January 2018).
More...
Invitation to comment on 10 draft conservation advice
documents
The Threatened Species Scientific Committee is seeking comments on
the proposals for ten frog species. Consultation closes 2 March
2018 (17 January 2018).
More...
Regional Land Partnerships Request for Tender
released
The Regional Land Partnerships Request for Tender opened on Monday
18 December 2017 and will close at 3:00 pm Canberra time on 28
February 2018. More...
More...
National Heritage List nominations
Nominations are now open for places of outstanding natural,
Indigenous or historic significance to the nation for possible
inclusion on our National Heritage List. Nominations are open until
26 February 2018.
More...
Regulation Impact Statement for a national phase out of
PFOS
The Department of the Environment and Energy has released a
Regulation Impact Statement on options for a national phase out of
perfluorooctane sulfonic acid and related chemicals, including its
salts and perfluorooctane sulfonyl fluoride. Submissions are
invited until 26 February 2018.
More...
Draft revision of Australia's Biodiversity
Conservation Strategy: Public comment
The Commonwealth Department of the Environment and Energy says the
strategy has been revised to improve its ability to drive change in
biodiversity management priorities, and to better align it with
Australia's international biodiversity commitments. The
draft revised strategy is open for public comment until 16
March 2018.
Victoria
Planning Permit Activity ReportsThe Planning Permit Activity Reports for December 2017 and Q2 2017-18 are now available (25 January 2018).
New South Wales
Proposed Reforms for Buildings with Combustible
Cladding
The NSW Department of Planning and Environment
(DP&E) has released a package of proposed
reforms requiring owners to register their building/s with the NSW
Government and engage an expert to do a fire risk assessment of the
cladding. Councils and Fire and Rescue NSW will have powers to
direct owners to register their buildings within a set timeframe if
they have not already done so. The package is on exhibition until
16 February 2018.
More...
NSW Draft Freight and Ports Plan
The NSW Government has released the NSW Draft Freight and Ports
Plan, a key supporting plan of the Future Transport 2056 Strategy
released in October. To access the draft Freight and Ports Plan and
submit feedback, visit the Future Transport website. Submissions
close on 25 March 2018.
More...
[Draft] Green Infrastructure policy, Greener
Places
The discussion draft for Greener Places builds on Sydney Green Grid
which forms part of the Plan for Growing Sydney, Draft District
Plans and the Draft Sydney Regional Plan. This draft is for formal
consultation with the community and stakeholders. All feedback will
be considered and a final version will be developed during 2018.
More...
The NSW Department of Planning and Environment (DP&E) has released its Explanation of Intended Effect (EIE) for a State Environmental Planning Policy that aims to simplify planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property. To make a submission on the Explanation of Intended Effect or for more information, visit http://www.planning.nsw.gov.au/environmentSEPP.
Community Consultations on Exhibition
Plans
Greater Newcastle draft Metropolitan Plan Close
28/02/2018.
Wilton North Draft Precinct Plan Close 18/02/2018.
Draft Sirius Site SSP SEPP Close 16/02/2018
.
Policies
Proposed amendments to the Voluntary Land Acquisition and
Mitigation Policy and Mining SEPP Close 16/02/2018.
Draft Large-Scale Solar Energy Guideline Close
16/02/2018.
Affordable Housing (Revised Schemes) SEPP No. 70 Close
31/01/2018.
Draft Hunter Special Infrastructure Contribution Close
28/02/2018.
Draft Special Infrastructure Contribution Scheme for Rhodes
East Close 07/03/2018.
EP&A Amendment - Identification of Buildings with Combustible
Cladding Close 16/02/2018.
Greener Places draft Policy Close 26/02/2018.
Draft Environment SEPP Close 31/01/2018.
Mine Rehabilitation Discussion Paper Close 16/02/2018.
Proposed amendments to the Voluntary Land Acquisition and
Mitigation Policy and Mining SEPP Close 16/02/2018.
Cases
Victoria
Anderson v Stonnington CC [2018] VCAT 102
The Applicants' application for declarations under ss 149A
and/or 149B of the Planning and Environment Act 1987 is
refused. The declarations relate generally to the issue of whether
works authorised under building permits prior to the introduction
of a Heritage Overlay can lawfully continue without a planning
permit being obtained under that overlay.
Williams v Mornington Peninsula SC [2018] VCAT
87
Mornington Peninsula Planning Scheme, Section 77 Planning and
Environment Act 1987, General Residential Zone –
Schedule 1, Vegetation Protection Overlay – Schedule 1,
Environmental Significance Overlay – Schedule 25, Design and
Development Overlay – Schedule 1, abuttal to road zone
category 1, building bulk, coastal environs, neighbourhood
character, overshadowing of communal open space, presentation to
the street, interface to coastal reserve. No permit.
Barkly II Custodian Projects Pty Ltd v Stonnington CC [2018]
VCAT 61
Stonnington Planning Scheme; Section 77 of the Planning and
Environment Act 1987; proposal for the variation of an
easement, the use of the land for childcare, buildings and works
and the construction of two or more dwellings on a lot, many
objections received and Council does not support proposal, issues
arising including car parking and traffic, the degree of stategic
support for the proposal, internal and external amenity issues;
ResCode issues, the implications of the proposed child care centre
and 'neighbourhood character' issues, part-oral decision
given by Tribunal at the end of the hearing, permit granted subject
to design modification and numerous conditions.
Powell v Hepburn SC [2018] VCAT 59
Section 82 of the Planning and Environment Act 1987;
Hepburn Planning Scheme; Township Zone (TZ);
Environmental Significance Overlay – Schedule 1
(ESO1 Proclaimed Catchment Protection); Change of
use to Accommodation and Health Retreat and Spa; Land capability
for on-site waste treatment and disposal; Neighbourhood character,
and neighbour amenity.
New South Wales
88 Gregory Pty Ltd v Randwick City Council [2018] NSWLEC
1020
DEVELOPMENT APPLICATION: dual occupancy, impact on views.
ArtMade Architectural Pty Ltd v Willoughby City Council
[2018] NSWLEC 1022
DEVELOPMENT APPLICATION: Child care centre; design quality;
overdevelopment; setbacks; amenity for neighbours; streetscape
impacts; landscaping; design of play areas; compatibility with
surrounding residential development; impact of altering
intersection on neighbours; resident objections; public interest;
evacuation considerations; applicability of child care SEPP and
Guideline; disputed conditions of consent.
Parker Logan Property Pty Ltd v Woollahra Municipal
Council [2018] NSWLEC 1013
DEVELOPMENT APPEAL: New penthouse level to existing consent –
requested variation to maximum height limit – site specific
controls – whether the exceedance of height has unreasonable
impacts on views from adjoining properties.
John Watts v Mid Coast Council [2018] NSWLEC
1012
DEVELOPMENT APPEAL: Subdivision application – whether the
access to the new allotments is safe and consistent with the
relevant planning controls – does the site have legal access
over right of carriageway.
Legislation
Commonwealth
Acts
Ozone
Protection and Synthetic Greenhouse Gas Management Act
1989
23/01/2018 - Act No. 7 of 1989 as amended.
Illegal
Logging Prohibition Act 2012
23/01/2018 - Act No. 166 of 2012 as amended.
Ozone
Protection and Synthetic Greenhouse Gas (Import Levy) Act
1995
18/01/2018 - Act No. 126 of 1995 as amended.
An Act to impose levies on the import of HCFCs, methyl bromide,
SGGs, ODS equipment and SGG equipment under licences granted under
the Ozone Protection and Synthetic Greenhouse Gas Management
Act 1989.
New South Wales
Proclamations commencing Acts
Snowy Hydro Corporatisation Amendment (Snowy Advisory Committee) Act 2014 No 47 (2018-7) — published LW 19 January 2018.
Environmental Planning Instruments
Canterbury
Local Environmental Plan 2012 (Amendment No 14) (2018-16)
— published LW 25 January 2018.
Holroyd
Local Environmental Plan 2013 (Amendment No 10) (2018-17)
— published LW 25 January 2018.
Port
Stephens Local Environmental Plan 2013 (Amendment No 21)
(2018-18) — published LW 25 January 2018.
Randwick
Local Environmental Plan 2012 (Amendment No 4) (2018-19)
— published LW 25 January 2018.
Blue
Mountains Local Environmental Plan 2015 (Amendment No 9)
(2018-10) — published LW 19 January 2018.
Deniliquin
Local Environmental Plan 2013 (Amendment No 8) (2018-11)
— published LW 19 January 2018.
Ku-ring-gai
Local Environmental Plan 2015 (Amendment No 14) (2018-12)
— published LW 19 January 2018.
The
Hills Local Environmental Plan 2012 (Amendment No 49)
(2018-13) — published LW 19 January 2018.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.