In the media
Australia's largest insurer to pull out of coverage
for farmers with CSG infrastructure on properties
Insurance Australia Group confirms its major rural and
regional insurer, WFI, will join its other subsidiary, CGU, in no
longer providing insurance coverage if there is
"unconventional gas" operations on properties (10 June
2020).
More...
Federal government offers $25,000 home builder grants to
support construction sector
The federal government has launched a $688 million
HomeBuilder grants scheme it says will keep 140,000 jobs in the
construction industry through the recession (04 June 2020).
More...
NSW
Affordable housing plan languishing amid COVID-19
building boost
An ambitious affordable housing plan has gone nowhere at
the NSW Department of Planning for almost three years despite a
renewed welfare agenda prompted by the pandemic (12 June 2020).
More...
HomeBuilder package to drive jobs in NSW
Planning and Public Spaces Minister Rob Stokes has today
welcomed the Commonwealth's new HomeBuilder package of $25,000
grants for those looking to build or renovate their home (04 June
2020).
More...
New powers to prevent defective buildings entering the
market
The NSW Building Commissioner will now have boosted powers
to stop defective buildings being sold to consumers, thanks to the
passing of the Residential Apartment Buildings Bill 2020.
The Building Commissioner is now equipped with the power to prevent
occupation certificates or strata plan registrations before
defective buildings can enter the market (03 June 2020).
More...
NSW Government delivers historic building reforms to
restore industry confidence
The NSW Government has passed the Design and Building
Practitioners Bill 2019, putting consumers first by giving
those entering the property market peace of mind that their home
will be expertly designed and built in compliance with the
Australian Building Codes (03 June 2020).
More...
Aboriginal Community key to new cultural design
principles
Planning experts and Aboriginal Communities across the
State are being encouraged to help shape the future of planning
design, with the release of a Discussion Paper by the NSW
Government today (02 June 2020).
More...
Queensland
Farmers' plans on hold while awaiting inland rail
review of Darling Downs route
Queensland farmers say a lack of information about a
review of a possible inland rail route through the Darling Downs
leaves them unable to plan for the future (11 June 2020).
More...
Twin-tower CBD development to restore heritage riverside
residence
The development on Coronation Drive is expected to be
approved by Brisbane City Council next week (09 June 2020).
More...
The 'missing middle' of housing design a future
option for Brisbane
Architecture students at QUT have designed innovative
small - but not tiny - homes in a challenge to traditional design
thinking (05 June 2020).
More...
Sunland Offloads $30m Gold Coast Site
ASX-listed developer Sunland Group has offloaded the
undeveloped portion of a Gold Coast masterplanned estate to
over-50s resort developer Gemlife for more than $29 million (04
June 2020).
More...
Developers shelve 'unviable' Toowoomba housing
project
Developers blame the Toowoomba Regional Council for its
decision to shelve a big housing development in the city's west
(03 June 2020).
More...
Two-storey childcare centre approved despite
residents' appeal
The company behind the application promises centres with a
professional chef to cook healthy meals, large garden areas, and
language, cooking and yoga classes (01 June 2020).
More...
In practice and courts
2019-2020 Water sharing plan reviews
The purpose of water sharing plans is to prescribe how
water is managed, firstly to provide for the environment and also
to support social and economic outcomes. The Commission is
specifically interested in your comments regarding the associated
environmental, social and economic outcomes and any opportunities
for improvement you have identified. Submissions close on 5 July
2020. More...
NSW Planning Department: Have your say - Draft plans and policies
Changes to Housing SEPPs
The SEPP will not apply in heritage conservation areas in
Greater Sydney until 1 July 2020.
More...
Queensland
PCA: Brisbane Metro Update
11 June 2020 - Brisbane City Council have announced
several updates to the Brisbane Metro project.
More...
New or expanded cropping
The Queensland Government will defer the commencement of
the new or expanded commercial cropping and horticulture activities
requirement (known as ERA 13A), under the Reef protection
regulations until 1 June 2021. The deferment is in direct response
to COVID-19 (coronavirus) and ensures the
agricultural community has a suitable amount of time to prepare for
the changes.
More...
Cases
NSW
Secretary, Department of Planning and Environment v
Leda Manorstead Pty Ltd (No 5) [2020] NSWLEC
65
ENVIRONMENTAL OFFENCES: application for orders under
ss 10 and 10A of the Crimes (Sentencing Procedure
Act) 1999 at commencement of sentencing hearing on the
basis of unfairness caused by the prosecutor amending a summons to
particularise the charge as a Tier 2 offence instead of a Tier 1
offence – offence remained the same – whether loss of
opportunity to plead to a different offence – whether wasted
costs in preparing for Tier 1 offence sufficient to warrant making
of orders – extent of environmental harm caused by the
commission of the offence a relevant sentencing factor -
application dismissed – defendant not precluded from making a
similar application at conclusion of sentence hearing.
Clearcut Homes Pty Ltd v City of Ryde
Council [2020] NSWLEC 1249
APPEAL – development application – dual
occupancy (attached) – non-compliance with road frontage
development standard – whether cl 4.6 request adequate
Universal Property Group Pty Ltd v Blacktown City
Council [2020] NSWCA 106
ENVIRONMENT AND PLANNING – planning schemes and
instruments – State Environmental Planning Policies –
secondary dwellings – site area and minimum lot size –
whether minimum lot size requirement overridden – State
Environmental Planning Policy (Affordable Rental
Housing) 2009 (NSW), cl 22; State Environmental Planning
Policy (Sydney Region Growth Centres) 2006 (NSW), cl 4.1AC
STATUTORY INTERPRETATION – amendment and repeal –
implied repeal – harmonious construction – conflict
between State Environmental Planning Policies – whether
capable of harmonious construction – requirement for actual
contrariety
STATUTORY INTERPRETATION – amendment and repeal –
implied repeal – clauses in separate instruments each
purporting to control inconsistency by prevailing over the other
– effect of each clause
Marshall v Bayside Council [2020]
NSWLEC 1248
DEVELOPMENT APPEAL – office and warehouse
development – societal risk assessment – reliance on a
plan of management to limit population of occupants –
emergency management plan to manage risk
Palm Lake Works Pty Ltd v Ballina Shire
Council [2020] NSWLEC 1247
PROCEDURE – remitted matter – notice of
motion for adjournment of hearing – expiration of existing
site compatibility certificate – fundamental questions to be
addressed on remitter – motion dismissed
Verde Terra Pty Ltd v Central Coast
Council (No 6) [2020] NSWLEC 64
PROCEDURE – slip-rule amendment occasioned by
mistake of parties in consent orders – inadvertent misleading
of court in making order for production in answer to a subpoena
– apology to court - application to amend order to ensure
compliance with subpoena – order amended.
Munro v Inner West Council [2020]
NSWLEC 1240
DEVELOPMENT APPLICATION – heritage conservation
area – Birchgrove Distinctive Neighbourhood – building
bulk, form and scale – building location zone – view
loss
Queensland
Rochedale Piazza Pty Ltd v Brisbane City Council &
Ors [2020] QPEC 30
PLANNING LAW – APPLICATION FOR A MINOR CHANGE
– whether proposed change fell within the description of a
minor change for the purposes of the Planning Act 2016 –
where no change to physical aspects of proposed development –
where application was impact assessable development – where
application as originally formulated was for a Relocatable Home
Park – where proposed change was to change the description of
the application to Relocatable Home Park (for seniors and
retirees). Planning Act 2016 Qld; Planning and Environment Court
Act 2016 Qld
Harris v
Lagerroth;Lagerroth v
Harris Operations Pty Ltd [2020] QDC
111
APPEAL AND NEW TRIAL – APPEAL – GENERAL
PRINCIPLES – RIGHT OF APPEAL – NATURE OF RIGHT –
where appeal is brought under s. 222 Justices Act 1886 (Qld).
CRIMINAL LAW – APPEAL – CONVICTION – where
development permits were granted to the appellant authorising
clearing of native vegetation on a large leasehold property –
where areas were cleared outside the permitted area – where
the appellant was convicted of directing clearing of native
vegetation without a development permit – where the appellant
responded to a show cause notice from the department referring to
the unlawful clearing – whether the appellant's response
to the show cause notice amounted to admissions by the appellant of
directing the unlawful clearing – whether the alleged
admissions in the response to the show cause notice comprise
sufficient evidence to establish the offences beyond reasonable
doubt
CRIMINAL LAW – APPEAL – ACQUITTAL – where a
director was the controlling mind of a company – where the
company was responsible for some operations of the cattle station
– where it is alleged that if the director directed unlawful
clearing of native vegetation, so must the company – where it
is alleged the company retained a contractor to carry out the land
clearing – whether there was another reasonable inference
other than the company was directing the unlawful clearing
Criminal Code 1899 Qld ss. 7(1)(a), 7(1)(b), 7(1)(c), 7(1)(d);
Sustainable Planning Act 2009 Qld ss. 578(1), 611, 624; Vegetation
Management Act 1999 Qld
13 Investment Company Pty Ltd & Ors v Sunshine Coast
Regional Council [2020] QCA 120
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS
WITHIN ENVIRONMENT JURISDICTION – QUEENSLAND – SUPREME
COURT – ERROR OF LAW – where in 2003 Pelican Waters
Resort Pty Ltd applied to the respondent for a development approval
– where the respondent gave approval to a material change of
use for the purpose of "a Hotel, Motel, Function Rooms,
Restaurant and Multiple Dwelling" – where the resort was
constructed in accordance with approved plans which were attached
to the respondent's decision notice – where the learned
primary judge held that the 102 units on levels 2-4 are restricted
by the terms of the approval to accommodation on a temporary basis
and for travellers – where the applicants apply to this Court
for leave to appeal against that decision, contending that the
learned primary judge erred in his construction of the approval and
the relevant planning instrument – whether the 102 units can
be used for accommodation otherwise than on a temporary basis and
for travellers, i.e. for permanent residents
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND –
GENERALLY – where the conditions attached to the approval
referred to the 102 units in slightly differing terms – where
the approved plans also made reference to the 102 units –
where there are various definitions in Section 9.2 of the Planning
Scheme which appear to recognise that the use "Hotel" is
distinct from the use "Motel" – where the approval
referred to the development application as being "to establish
a Hotel/Motel (102 suites), Function Rooms, Restaurant and Multiple
Dwelling (62 units) ..." – whether the phrase
"Hotel/Motel (102 suites)" was the way in which the
development application itself phrased the intended development
– whether the phrase means the Hotel and Motel will be run in
conjunction with another – whether that construction was what
was sought in the development application, and what was
approved
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND –
GENERALLY – where the applicants placed considerable reliance
upon the fact that the use definition of "Hotel"
contained no restriction as to the type of accommodation or
residential use that might be involved – where the use is
defined by reference to premises "specified in a General
Licence granted under the Liquor Act" – whether the
Liquor Act grants land use rights – whether the Liquor Act
operates to authorise uses under the development approval
Liquor Act 1992 Qld s 3, s 3A, Part 4, s 58, s 58A, s 61A
Scherbakov v Brisbane City Council
[2020] QPEC 29
PLANNING LAW – EASEMENT – definition of
"premises" – application for declaration that the
subject premises excludes the land identified as easement A –
application for declaration that development application was
properly sought Acts Interpretation Act 1954 Qld; Building Units
and Group Titles Act 1980 Qld
Planning Act 2016 Qld; Planning and Environment Court Act 2016
Qld
The Chief Executive administering the Environmental
Protection Act 1994 v Baal Gammon Copper Pty Ltd &
Anor [2020] QPEC 28
COURTS AND JUDGES – CONTEMPT – PARTICULAR
CONTEMPTS – DISOBEDIENCE OF ORDERS OF COURT – where
restraint order made under s 506 of the Environmental Protection
Act 1994 – whether order complied with – whether the
first and second respondent have a lawful excuse for non-compliance
with order – whether the first and second respondent are in
contempt of the restraint order
Corporations Act 2001 Cth ss 180, 588G; District Court Act 1967 Qld
s 129; Environmental Protection Act 1994 Qld ss 363H, 506; Mineral
Resources Act 1989 Qld s 312; Planning and Environment Court Act
2016 Qld s 36
Legislation
Great
Barrier Reef Marine Park Amendment (Coronavirus Economic Response
Package) Regulations 2020
12/06/2020 - These regulations amend the Great Barrier
Reef Marine Park Regulations 2019 to waive permission-related fees
for the period 1 July 2020 to 30 June 2021 in order to provide
urgent temporary relief from the financial pressures currently
faced by Great Barrier Reef Marine Park permission holders and
permission applicants, including tourism operators, as a result of
the coronavirus pandemic.
NSW
Regulations and other miscellaneous instruments
Environmental
Planning and Assessment Amendment (Activation Precincts) Regulation
2020 (2020-265) — published LW 12 June 2020
Environmental
Planning and Assessment Amendment (Mamre Road Precinct) Regulation
2020 (2020-253) — published LW 11 June 2020
Sydney
Water (Area of Operations) Order 2020 (2020-260) —
published LW 12 June 2020
Civil
and Administrative Tribunal (Amendment No 7) Rule 2020
(2020-250) — published LW 5 June 2020
Community
Land Management Amendment (COVID-19) Regulation 2020 (2020-238)
— published LW 5 June 2020
Forestry
Amendment (Transitional Arrangements) Regulation 2020
(2020-240) — published LW 5 June 2020
Land
Acquisition (Just Terms Compensation) Act 1991 — Compensation
for disadvantage resulting from relocation (2020-241) —
published LW 5 June 2020
Environmental Planning Instruments
State
Environmental Planning Policy (Activation Precincts) 2020
(2020-266) — published LW 12 June 2020
State
Environmental Planning Policy (Western Sydney Employment Area)
Amendment 2020 (2020-252) — published LW 11 June 2020
Bills introduced Government – 05 June 2020
Constitution Amendment (Water Accountability and Transparency) Bill
2020
Residential Apartment Buildings (Compliance and Enforcement Powers)
Bill 2020
Non-Government – 05 June 2020
Water Management Amendment (Transparency of Water Rights) Bill
2020
Water Management Amendment (Water Allocations—Drought
Information) Bill 2020
Bills passed by both Houses of Parliament
Design and Building Practitioners Bill 2020
Residential Apartment Buildings (Compliance and Enforcement Powers)
Bill 2020
Bills assented to
Design and Building Practitioners Act 2020 No 7 —
Assented to 10 June 2020
Residential Apartment Buildings (Compliance and Enforcement Powers)
Act 2020 No 9 — Assented to 10 June 2020
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.
