In the media
Street smarts are crucial to planning our cities
The congestion on our streets from bikes, dockless bikes,
scooters, e-scooters, e-bikes, EV-charging, and even people are
making our kerb-side a battleground. We need to think smarter about
how these increasing and competing channels can all access the
veins of our city (13 November 2018).
More...
New South Wales TCorp smashes Australian government
green bond record
NSW Treasury Corporation's first record breaking green
bond will go towards low carbon transport and sustainable water
projects. The green bond means NSW has now joined its eastern
seaboard government peers, Victoria and Queensland, and at $1.8
billion the 10-year bond is a record (13 November 2018).
More...
ClimateWorks: Decarbonisation futures
Despite good social and economic performance, Australian
cities are lagging behind their global counterparts on emissions
reduction and waste management according to Arcadis'
Sustainable Cities Index 2018. Australian cities performed
well in the People pillar and satisfactorily in the Profit pillar
yet the Planet pillar was the weakest for all Australian cities (05
November 2018). More...
Victoria
We can't afford bill for Victoria's cladding
crisis, pensioners say
The South Yarra apartments are one of 153 residences and
offices that a Victorian Building Authority report has revealed are
dangerous because of highly flammable polyethylene cladding. In
July this year, Planning Minister Richard Wynne brought in new laws
allowing owners of apartments with flammable cladding to pay off
loans to repair them on their council rates (18 November 2018).
More...
Security upgrades begin at Flinders Street Station
The City of Melbourne will begin works to install
permanent security measures at Flinders Street Station, as part of
the Victorian Government's $50 million CBD security upgrade
project (08 November 2018).
More...
NSW
New laws to protect off-the-plan buyers
Developer's selling off the plan will now be
accountable for contract breaches and compensation claims with a
string of new laws aiming to further protect buyers (16 November
2018).
More...
Suite of planning measures to assist in development of
Aboriginal land on Central Coast released for community to have its
say
In a first for the state, the NSW Government has released
a set of planning measures to assist the Darkinjung Local
Aboriginal Land Council (Darkinjung) achieve
better economic outcomes from its land (16 November 2018).
More...
More homes for Sydney residents
The NSW Government is continuing to support housing
affordability in Sydney with a record net 44,315 new homes built in
the 12 months to September 2018 – a new record for housing
completions (16 November 2018).
More...
Reforms secure sustainability of NSW forests
New rules governing native forestry operations on public
land in coastal NSW have been finalised, securing the forestry
sector and delivering improved protections for the environment (16
November 2018).
More...
Japanese giant Hitachi Partners with NSW on
Aerotropolis
Hitachi signed an agreement with the New South Wales
government committing to collaborate on the development of the
Western Parkland City and Western Sydney Aerotropolis. The
Aerotropolis and the region surrounding the airport is a priority
for both state and federal governments (15 November 2018).
More...
Blue Mountains' world heritage significance 'at
risk' under plan to raise dam wall
The Blue Mountains are listed among Machu Picchu and the
pyramids in world heritage significance, but that could be at risk
if the Warragamba Dam wall is raised, a major international
conservation group has warned (14 November 2018).
More...
Western Sydney collaborates on global city
initiative
Sixteen cities have become founding members of a new
global network connecting academia and businesses to identify and
combat common challenges that face urban environments (14 November
2018).
More...
Pyrmont to rise to the heights of Sydney CBD
Sydney's Pyrmont could one day match the density and
height of its high-rise neighbour, with new vision showing the
current CBD extending into the Pyrmont peninsular by 2040. The
proposed 61-storey tower for the Star Casino begins a rethink of
heights on the peninsula along with the proposed tower at
Harbourside (13 November 2018).
More...
Developer concessions to increase medium density housing
in NSW
Low-rise medium-density housing, widely considered
"the missing part" of NSW housing stock, could be the way
forward as new concessions for developers kick in (09 November
2018).
More...
Asbestos waste crackdown
The NSW Government is cracking down on rogue construction
and demolition waste operators and providing incentives for good
behaviour (07 November 2018).
More...
24-hour shopping for Sydney CBD proposed in city
planning review
A proposal designed to encourage a more diverse range of
people at night would see opening hours for unlicensed venues
extend to well after dark, and would allow some licensed
establishments to potentially serve alcohol 24/7 (06 November
2018).
More...
Revamped Sydney Fish Market hooked on
sustainability
Redevelopment plans for the iconic Sydney Fish Market have
been lauded by the Green Building Council of Australia
(GBCA), with the $250-million revamp aiming to
achieve a 5 Star Green Star rating. The plans illustrate the
commitment of UrbanGrowth NSW, Sydney Fish Market, Office of the
Government Architect, City of Sydney and other key stakeholders (06
November 2018).
More...
PCA: Stamp duty reform for NSW welcomed
The NSW Treasurer's announcement of changes to the
State's stamp duty system is a much-needed structural reform
which, over time, will help reduce the tax burden on people buying
a home in NSW (06 November 2018).
More...
Last two terraces sold in Millers Point
Property NSW, on behalf of Family and Community Services,
announced the sale of the final two heritage-listed terraces in the
Millers Point sale program. CEO of Property NSW, Brett Newman, said
the auction of these properties marks the end of the Millers Point
terrace sale program, which commenced in 2014 (06 November 2018).
More...
Queensland
Call-in proposed for Bargara Jewel development
Minister for State Development, Manufacturing,
Infrastructure and Planning Cameron Dick has proposed a ministerial
call-in of the approved Esplanade Jewel development at Bargara,
near Bundaberg (16 November 2018).
More...
Miners forced to pool millions towards rehabilitating
any future abandoned mines
Instead of a site-by-site approach, companies will be
forced to contribute into to a pool of money to be used for
rehabilitation for abandoned sites if the owner goes bust. But the
new rules don't apply to existing mines (14 November 2018).
More...
Mining sector reforms to protect taxpayers and
communities
New laws passed by State Parliament will compel mining
companies to sign up to progressive rehabilitation plans and
safeguard taxpayers from hefty clean up bills for failed mines (14
November 2018).
More...
Brisbane classroom powered solely by solar and
battery
A Brisbane school goes "off grid", saying it is
the first in Australia to rely entirely on renewables to
continuously power a classroom (01 November 2018).
More...
In practice and courts
Commonwealth
The dirty truth: Australia's most polluted
postcodes
The burden of air pollution rests disproportionately on
the shoulders of poorer Australians. This report shows 90% of
polluting facilities reported in the National Pollutant Inventory
(NPI) are in postcodes with low-middle weekly
household incomes (16 November 2018). More...
Social housing as infrastructure: An investment
pathway
This research modelled five alternative pathways to
funding social housing and found the 'capital grant' model,
supplemented by efficient financing, provides the most cost
effective model for Australia (15 November 2018). More...
Deluge and drought: Australia's water security in a
changing climate
This report argues that significant impacts on and risks to
Australia's water security are already evident, and these risks
will continue to escalate unless deep and rapid reductions in
global greenhouse gas pollution can be achieved. More...
Draft native title reforms
The Attorney-General and the Minister for Indigenous
Affairs on 30 October 2018
released exposure drafts of the Native Title Legislation
Amendment Bill 2018 and Registered Native Title Bodies Corporate
Legislation Amendment Regulations 2018. Copies of the exposure
draft legislation, along with a public consultation paper and fact
sheets summarising the proposed amendments are available
here. Submissions should be provided by 10 December 2018.
Announcements, Draft Policies and Plans released 2018
New South Wales
Biodiversity Values Map
Biodiversity Values Map
New South Wales Revenue: Stamp duty reform
From 1 July 2019, stamp duty on property will be pegged to
Consumer Price Index (06 November 2018). More...
Draft Asbestos Waste Strategy 2018-22
The EPA is seeking feedback on its draft
NSW Asbestos Waste Strategy 2018-22 which proposes innovative
measures to reduce illegal dumping and unsafe disposal and promotes
lawful and appropriate disposal of asbestos waste.
New South Wales water metering framework
The NSW Government is committed to implementing a robust
new metering framework to measure and meter water take in NSW. The
new framework is a commitment under the NSW Government's Water Reform
Action Plan. The regulation will commence on 1 December 2018.
More...
Cases
Victoria
Finocchiaro v Owners Corporation No 1 Plan No PS543333S
(Owners Corporations) [2018] VCAT
1737
Alteration to plan of subdivision – contaminated
soil on part of common property – proposed removal of that
part from common property and transfer of it to a person which
would bear the cost of remediation of the land –
Subdivision Act 1988 s 34D(1)(a), (c).
Parmar v Frankston CC [2018] VCAT
1764
Section 77 Planning and Environment Act 1987
– variation of a restrictive covenant- Clause 52.02 Frankston
City Planning Scheme – Construction of three double storey
dwellings – Section 60(5) Planning and Environment Act
1987 – detriment as a consequence of variation of
covenant – objection vexatious or not made in good faith. No
permit.
Surf Coast SC v D.P & J.L Dunoon Pty Ltd
[2018] VCAT 1551
Section 114 of the Planning and Environment Act
1987 – Surf Coast Planning Scheme – Low Density
Residential Zone – Use of land for garden supplies –
Whether use authorised by existing planning permit or by clause 63
(existing use rights) – Accuracy of endorsed plans –
Whether exemptions of clause 62 apply to development –
Compliance with permit conditions requiring landscaping.
New South Wales
Vision Land Glebe Pty Ltd v The Council of the City of
Sydney [2018] NSWLEC 1593
DEVELOPMENT APPLICATION: Concept Development application
– demolition of MRC – approval of building envelopes
for residential use and basement parking – impact on heritage
item Bidura House and heritage conservation area –
distribution of floor space and height on the site – building
separation.
UMA Centre Limited v Canterbury-Bankstown
Council [2018] NSWLEC 1591
APPEAL – development application – existing
prayer room within approved community facility – application
for use as place of public worship – application to construct
car parking spaces - traffic and parking concerns –
management through Plan of Management – acoustic impact
– BCA compliance – contamination – trial
period.
Hopkins v Quinn (No 2) [2018]
NSWLEC 187
COSTS - reason to depart from "costs follow the
event" on hearing - offers made - none effectual - costs to be
on ordinary basis - finding in substantive judgment of
"tipping point" on issues - appropriate to apportion
costs - costs orders made concerning substantive hearing on
apportioned basis COSTS - costs of costs hearing - view put in
substantive proceedings as to proposed costs outcome - position
accepted by respondent - position challenged by applicant -
position advanced by applicant entirely without merit - appropriate
to make special costs orders for costs hearing - applicant to pay
respondents' costs of costs hearing on an indemnity basis.
Fagin v Australian Leisure and Hospitality Group Pty
Limited [2018] NSWCA 273
ENVIRONMENT AND PLANNING – development consent
– where subject matter of consent "Internal alterations,
enclosure of rear patio, awning over patio and part of beer garden
and use of beer garden" of hotel – where works
authorised by consent never undertaken – where appellant
sought to enforce consent condition prohibiting the playing of
music in hotel beer garden – whether consent lapsed –
whether certain works undertaken before consent granted prevented
its lapse – whether the "use" of beer garden after
consent granted prevented its lapse – whether Court would
decline to grant relief on basis that a later consent sufficiently
regulated noise.
Pymble Villas Pty Ltd v Ku-ring-gai
Council [2018] NSWLEC 1586
DEVELOPMENT APPLICATION: seniors housing development
– whether the development standards contained in the State
Environmental Planning Policy (Housing for Seniors or People with a
Disability) 2004 are capable of variation by way of clause 4.6 of
the Ku-ring-gai Local Environmental Plan 2015 –
non-compliance with development standards in the State
Environmental Planning Policy (Housing for Seniors or People with a
Disability) 2004.
Antoniou v Bayside Council [2018]
NSWLEC 1584
DEVELOPMENT APPLICATION: Child care centre – to what
extent current development consent is a matter for consideration
– streetscape character – above ground outdoor space
– large balconies and FSR controls – proportion of
places for under two year old children.
Ferrier Hodgson v Lake Macquarie City
Council [2018] NSWLEC 1585
APPEAL – conciliation – parties agreed to a
decision being made on the basis of what occurred at conciliation
– former Cockle Creek Smelter and Incitec site – site
specific clause applies requiring Planning Secretary certification
– no known date by which certification could be obtained
– no power to grant development consent.
Moss Vale Projects Pty Limited v Wingecarribee Shire
Council [2018] NSWLEC 180
COSTS: Discontinued Class 1 appeal – application by
Respondent Council for all of its costs of the appeal –
principles to apply – costs on the motion.
Roads and Maritime Services v East Coast Wharf
Constructions Pty Ltd; Roads and Maritime Services v
King [2018] NSWLEC 182
PRACTICE AND PROCEDURE – whether leave granted to
Roads and Maritime Services (RMS) to institute a
prosecution with respect to offences under the Protection of
the Environment Operations Act 1997 (POEO
Act) – RMS "an appropriate regulatory
authority" to bring proceedings for the offence – leave
granted pursuant to s 219(1A) of the POEO Act.
Monti v Roads and Maritime Services (No
3) [2018] NSWLEC 183
COMPULSORY ACQUISITION – whether the applicants
should be ordered to pay the respondent's costs thrown away
occasioned by changes to the applicants' claims for
compensation during the course of the hearing that were
subsequently abandoned – new claims resulted in additional
legal costs incurred by the respondent to meet the claims –
costs ordered against the applicants.
Mulpha Australia Limited v Central Sydney Planning
Committee [2018] NSWLEC 179
JUDICIAL REVIEW – integrated development –
whether permissible for approval authority Heritage Council to
provide comments, rather than general terms of approval, with
respect to portion of development application – general terms
of approval with respect to development outside curtilage of
heritage item required where there is a relevant nexus –
relevant nexus apparent from Heritage Council decision –
misconstruction of statutory power – jurisdictional error
established.
WORDS AND PHRASES – "land" – definition of
land in s 57(1)(e) not restricted to curtilage of item or to lot on
which item sits – to be determined on a case by case basis
WORDS AND PHRASES – "in relation to" –
protective purpose of the Heritage Act 1977 –
interpretation promoting that purpose preferred to interpretation
not promoting that purpose
Australian Commercial Marketing Pty Ltd v
Gold [2018] NSWSC 1701
LAND LAW – licences – written agreement for
defendant to occupy part of premises for one year with option to
renew for further three years – whether agreement included
additional oral terms – whether option to renew could be
validly exercised by notice given verbally – rent review
clause too uncertain to be enforceable – unenforceability of
rent review clause does not render the option unenforceable –
option validly exercised – whether further agreement reached
as to occupation of additional space in the premises –
defendant not entitled to occupy additional space and exclude
plaintiff from premises – defendant liable to pay outstanding
rent and damages for trespass.
INA Operations Pty Ltd ATF INA Operations Trust No. 6 v
Hawkesbury City Council [2018] NSWLEC
1582
DEVELOPMENT APPLICATION – expansion of an existing
caravan park to add 208 long term residential sites – whether
the development is inconsistent with the zone objectives –
whether the development, including the increase in residential
density, is incompatible with the rural character of the area
– whether the necessary community facilities and services are
available in the locality – whether separation to adjoining
land is adequate – resident objectors.
Queensland
Sincere International Group Pty Ltd v Council of the City
of Gold Coast [2018] QPEC 53
PLANNING AND ENVIRONMENT – APPEAL – where
approval for reconfiguring a lot – where approval includes
conditions requiring the amalgamation and dedication of two lots
for environmental conservation purposes – where Council
concedes only one lot is required to be dedicated for environmental
conservation purposes – whether alternative condition should
be imposed – where alternative condition limits future
development to defined building envelope – where alternative
condition requires erection of fauna friendly fencing and
rehabilitation of land – where alternative condition
prohibits keeping of domestic dogs – whether alternative
condition is lawful under s.65(1) of the Planning Act
2016.
Caravan Parks Association of Queensland Limited v
Rockhampton Regional Council [2018] QPEC
52
PLANNING AND ENVIRONMENT – APPLICATION – where
applicant seeks a declaration and enforcement orders about the use
of premises for overnight parking of RVs in a public park –
where applicant contends the start of the use is a new use and
constitutes assessable development requiring an effective
development permit – where applicant contends use is a not a
lawful use – where respondent contends the use is an
ancillary use for which no development permit is required –
whether a development offence has been committed under ss.163 and
165(a) of the Planning Act 2016 – whether
enforcement orders should be granted restraining the commission of
a development offence.
New Acland Coal Pty Ltd v Ashman & Ors (No
7) [2018] QLC 41
Remitted hearing of applications for, and objections to,
mining leases and related environmental authority.
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS
EXERCISING JURISDICTION IN MINING MATTERS – Queensland
– applications for mining leases and to amend environmental
authority – objections to applications – where mining
objections hearing resulted in recommendations to refuse
applications – where that decision set aside for errors of
law on judicial review.
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS
EXERCISING JURISDICTION IN MINING MATTERS – Queensland
– applications for mining leases and to amend environmental
authority – objections relating to noise further considered
– whether noise limits in the draft environmental authority
are adequate to regulate the noise impacts of the mine –
whether an area being mined on an existing mining lease under the
existing environmental authority was part of the application to
amend the environmental authority – whether revised noise
conditions should apply to that area when the amended environmental
authority commences (if granted).
Legislation
Commonwealth
Act Compilation
Great Barrier Reef Marine Park Act
1975
14/11/2018; Act No. 85 of 1975.
Building Energy Efficiency Disclosure Act
2010
13/11/2018; Act No. 67 of 2010.
Regulation
Income
Tax Assessment (Environmental and Natural Resource Management in
relation to the Establishment of Trees for the purposes of Carbon
Sequestration) Guidelines 2018
16/11/2018 - These guidelines set out the requirements
carbon sink forest planting must meet to be eligible for a tax
deduction for establishment costs, including (1) adhering to best
practice approaches for achieving water and land environmental
benefits, (2) guided by regional natural resource management plans
and water sharing plans, (3) comply with applicable regulatory
requirements, and (4) registration of legal rights concerning
carbon sequestration in carbon sink forests on the land title.
Greenhouse
and Energy Minimum Standards (Three Phase Cage Induction Motors)
Determination 2018
14/11/2018 - This determination prescribes the Greenhouse
and Energy Minimum Standards (GEMS) requirements
for three phase cage induction motors with a rated output power
greater than or equal to 0.73 kilowatts but less than 185 kilowatts
and with a rated voltage of up to 1100 volts alternating
current.
Greenhouse
and Energy Minimum Standards (Registration Fees) Instrument
2018
13/11/2018 - This instrument specifies the fees payable
for applications made to register a product under section 41 of the
Greenhouse and Energy Minimum Standards Act 2012. This
instrument revokes the Greenhouse and Energy Minimum Standards
(Registration Fees) Instrument 2017 (No. 2).
NSW
Proclamations commencing Acts
Forestry Legislation Amendment Act 2018 No 40 (2018-620)
— published LW 9 November 2018.
Western City and Aerotropolis Authority Act 2018 No 53
(2018-622) — published LW 9 November 2018.
Regulations and other miscellaneous instruments
Protection
of the Environment Operations Legislation Amendment (Waste)
Regulation 2018 (2018-643) — published LW 16 November
2018.
Biodiversity
Conservation Act 2016 — Determination (2018-625) —
published LW 9 November 2018.
Biodiversity
Conservation Act 2016 — Final Determination (2018-626)
— published LW 9 November 2018.
Forestry
Amendment Regulation 2018 (2018-627) — published LW 9
November 2018.
Local
Land Services Amendment (Private Native Forestry) Regulation
2018 (2018-628) — published LW 9 November 2018.
Environmental Planning Instruments
Non-Government – 16 November 2018
National Parks and Wildlife Legislation Amendment (Riverina) Bill
2018
Protection of the Environment Operations Amendment (Clean Air) Bill
2018
Bills passed by both Houses of Parliament – 16
November 2018
Conveyancing Legislation Amendment Bill 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.