In the media – National
ARENA announces funding for Hunter Valley biofuel
facility
The Australian Renewable Energy Agency (ARENA) is
providing $11.9 million in funding to assist Australian biofuel
company Ethtec with the development and demonstration of its
ground-breaking biofuel technology (24 November 2017).
More...
How developing without developers can shape the future
of Australian Cities
Urban planning for Australia's population growth —
expected to double by 2075 — is often inadequate, and it is
important to consider how both public and private enterprise can
foster collaborative and flexible urban planning responses (23
November 2017).
More...
First stage financed for Lincoln Gap Wind
Farm
Nexif Energy, an independent power producer in Australia and
Southeast Asia, has reached financial close for the first stage of
the Lincoln Gap Wind Farm — one of Australia's largest
private sector-initiated and -owned grid battery systems not
underwritten by a government contract or funded by government
grants (20 November 2017).
More...
National Food Waste Strategy launched
The National Food Waste Strategy was launched on 20 November by the
Minister for the Environment and Energy at the National Food Waste
Summit, which establishes a framework to support actions that can
help work towards halving Australia's food waste by 2030 (20
November 2017).
More...
Agriculture set to help Australia cut 135 million tonnes
of carbon emissions
The Clean Energy Regulator is pleased to see Australia's
agriculture sector officially recognised at the inaugural National
Agriculture Day. Almost 60 per cent of Emissions Reduction Fund
projects are based in the land sector, and contracts worth more
than $1.6 billion have been awarded for land sector projects since
the $2.5 billion Emissions Reduction Fund began in 2015 (21
November 2017).
More...
(ERF) More... (Media)
More...
Coast solar farm wins planning award
The Sunshine Coast Solar Farm has been recognised at the Planning
Institute of Australia Awards for Planning Excellence. Judges said
the project showcased how local governments could actively lead
energy projects, and not leave the energy debate to the
Commonwealth and state governments (21 November 2017).
More...
Design before disaster: How can we make our cities and
towns more resilient?
As we face a future of more frequent and severe weather events due
to climate change, we need to start redesigning our towns and
regional cities to better cope with shock events. Here are some
methods worth exploring (19 November 2017).
More...
Powering homes with integrated pumped hydro and
solar
The Turnbull Government, through the Australian Renewable Energy
Agency (ARENA), is providing up to $5 million in
funding to Genex Power Limited for the development of an integrated
pumped hydro and solar project which will deliver power to over
140,000 homes (17 November 2017).
More...
PIA President calls for National Settlement
Strategy
Planning Institute of Australia (PIA) President,
Brendan Nelson, called for the Australian Government to play a more
active and engaged role in the future development of Australian
cities and adopt a "strategic lens" in how it impacts
urban and regional Australia (14 November 2017).
More...
Australia facing climate disaster on its doorstep,
government's white paper warns
Climate change is creating a disaster on Australia's doorstep,
with environmental degradation and the demand for sustainable
sources of food undermining stability in some countries, especially
"fragile states", according to the Australian
government's first foreign policy white paper in more than a
decade (23 November 2017).
More...
Here's why investing in green infrastructure has big
payoffs for urban planners
Property development regulators are being urged to start
prioritising green infrastructure following a study assessing
Sydney's population growth and housing density. The research
found that better funding and regulation regarding green
infrastructure – including natural drainage, tree canopies
and green walls – will be essential to ensuring urban centres
stay liveable (20 November 2017).
More...
Sustainable property industry calls for urgent action on
mid-tier buildings
Reduce commercial building disclosure below 1,000 square metres and
expand it to other sectors; provide a 50 per cent tax deduction on
building upgrade costs; make governments commit to net zero
operation in buildings by 2030 (17 November 2017).
More...
Australia wins place on World Heritage
Committee
Australia has secured a seat on this globally important heritage
organisation for the next four years. These qualities are expressed
in the Convention concerning the Protection of the World
Cultural and Natural Heritage (the World Heritage
Convention) (15 November 2017). More...
Meet the latest organisations to achieve carbon neutral
certification
The seventh largest member of the WWF Network, WWF-Australia
becomes Australia's first not-for-profit conservation
organisation to be certified as carbon neutral (15 November 2017).
More...
Policy framework outlines energy opportunities for 80%
of Australia's office buildings
The framework,
Opportunity Knocks: Accelerating energy efficiency
for mid-tier buildings found that up to 80,000 buildings in
Australia are classified as "mid-tier" – that is
non-A Grade or non-Premium Grade – and that these buildings
are a powerful mechanism to help better manage our increasing
demand for new energy (14 November 2017).
More...
In the media – Victoria
North East LinkThe North East Link will be the biggest transport project in Victoria's history – finally building the missing link in Melbourne's freeway network. The Victorian Government today confirmed the route for the long-overdue completion of the ring road (24 November 2017). More...
Melbourne companies go straight to the renewable source
in Aussie first
Fourteen Melbourne organisations have banded together to bypass
political stagnation on energy policy and procure renewable energy
direct from the source – securing price certainty and helping
to meet low-carbon goals (24 November 2017).
More...
Planning decisions and good governance
The industry was rightly stunned last week when the Victorian Upper
House utilised a rarely-used legislative clause to revoke two
lawfully issued planning consents based completely on political
considerations. Both had successfully navigated the planning
process and were approved by the Minister (22 November 2017).
More...
Moveable houses and vacant government blocks — a
new way to tackle homelessness?
An innovative project designed to house people at risk of
homelessness will soon deliver 57 transportable homes across nine
sites in Melbourne's inner west. Victorian Planning Minister
Richard Wynne approved the social housing project on Ballarat Road
last week (13 November 2017).
More...
In the media – New South Wales
Vibrant new community destined for Medowie near Port
Stephens
There is now greater opportunity for people to settle and make
their home in the picturesque town of Medowie after changes to Port
Stephens planning controls (24 November 2017).
More...
How we're planning for a growing
Sydney
Sydney is a global city that continues to grow and mature. Current
forecasts suggest more than 1.7 million additional people will be
living in Sydney by 2036, requiring more than 725,000 new homes (24
November 2017).
More...
WestConnex M4-M5 Link submissions made publicly
available
Thousands of submissions received on the WestConnex M4-M5 Link
proposal have been published by the Department of Planning and
Environment (23 November 2017).
More...
EPA fines Wingecarribee Shire Council for asbestos
breach
The NSW Environment Protection Authority (EPA) has
fined Wingecarribee Shire Council a total of $23,000 for processing
waste materials contaminated with asbestos and sending that waste
into the marketplace (23 November 2017).
More...
Thriving new community destined for Menangle
Park
A major new land release for Menangle Park, in Sydney's
south-west, will see the establishment of a well-connected, vibrant
town with thousands of jobs close to homes (22 November 2017).
More...
EPA orders unlawful Clyde waste facility to stop
operating
The NSW Environment Protection Authority (EPA) has
ordered an unlawful waste facility in Clyde to cease accepting and
processing waste until further notice, after an inspection revealed
a number of environmental issues at the site (22 November 2017).
More...
Better placed through integrated design
The Government Architect New South Wales has launched Better
Placed, a design policy outlining an integrated design-led
approach for the whole of New South Wales. The policy advocates for
integrated design as an essential component and skill that should
be better utilized in the planning and development processes (21
November 2017).
More...
Industry fury as NSW government waters down building
products legislation
Building industry stakeholders are outraged that the NSW government
has covertly and substantially watered down legislation to reduce
non-compliant and non-conforming building product use (22 November
2017).
More...
The NSW state government has introduced new "objects" to the state's planning law that promote "good design," "proper construction" and the "sustainable management of built heritage". The changes come as part of a reform bill aimed at updating and modernizing the Environmental Planning and Assessment Act 1979 (21 November 2017). More...
Department seeks Deniliquin's views on local solar
farm plans
The public are being asked their opinion on two large-scale solar
farm proposals near Deniliquin that are on exhibition from today
(21 November 2017).
More...
Department seeks community views on the Jemalong Solar
Farm proposal
The Department of Planning and Environment has released a proposal
for the Jemalong Solar Farm for community feedback today (21
November 2017).
More...
Wambo Coal to pay over $130,000 for water pollution
incident
The Land and Environment Court has convicted and fined Wambo Coal
Pty Ltd a total of $62,000 after a sediment dam failed at its
Warkworth coal mine in the Hunter Valley causing water pollution
(20 November 2017).
More...
More protection for Cumberland Plain
Woodland
The Coalition Government has secured an additional 5.8 hectares of
nationally threatened Cumberland Plain Woodland, delivering on its
2013 and 2016 election commitments to establish a Cumberland
Conservation Corridor in Western Sydney, New South Wales (17
November 2017).
More...
Have your say on improvements to Campbells Cove at The
Rocks
The Department of Planning and Environment is seeking public
feedback for plans to revitalise the historic Campbell's Cove
precinct at west Circular Quay. Submissions can be made until
Friday 15 December 2017 (16 November 2017).
More...
Government bans use of dangerous cladding
Fire safety in high-rise buildings will be enhanced by new powers
to crack down on the dangerous use of building products, Minister
for Better Regulation Matt Kean announced today. Breaches of the
new bans will render offenders liable to fines of more than $1
million for companies, and more than $200,000 for individuals (16
November 2017).
More...
EPA issues $25,500 in fines after contaminated soil
delivered to Mount Hunter property
The NSW Environment Protection Authority (EPA) has
issued $25,500 in fines after soil contaminated with asbestos was
delivered to a private property in Mount Hunter (15 November 2017).
More...
Strategic planning elevated in the NSW planning
system
Industry has welcomed the passage of the Environmental Planning
and Assessment Amendment Bill 2017 (the Bill)
by the NSW Parliament today as an important step in elevating the
importance of strategic planning and community engagement. The
Property Council commends the NSW Government for bringing to
fruition a refresh of the State's planning system (15 November
2017).
More...
NSW government architect calls on Parliament to pass
'no-brainer' legislation
In a rare intervention into the political sphere, the NSW
government architect has called on Parliament to approve
legislative changes which will elevate good design to the forefront
of the state's planning system for the first time (15 November
2017).
More...
Contaminated land management boost
The NSW Government will dedicate an extra $23.5 million to the NSW
EPA to better deal with contaminated land, NSW Environment Minister
Gabrielle Upton announced today (15 November 2017).
More...
EPA issues prevention notice to Banksmeadow's Empire
Bins
The NSW Environment Protection Authority (EPA) has
ordered Empire Bins to stop receiving, transporting and processing
waste after inspections revealed their Banksmeadow site was being
operated in an environmentally unsatisfactory manner (13 November
2017).
More...
Court convicts and fines Perfect Demo for asbestos waste
reporting failure
The NSW Environment Protection Authority (EPA) has
welcomed the Bankstown Local Court's decision to convict and
fine Perfect Demo Pty Ltd $5000 for failing to register a load of
asbestos waste through the WasteLocate system (12 November 2017)
More...
$7,500 fine for waste operator for failing to clean up
Bringelly waste
The NSW Environment Protection Authority (EPA) has
issued a further $7,500 fine to waste operator Hussein Mrad for
failing to clean up waste material that had been unlawfully
deposited at a private property on The Northern Road at Bringelly
(12 November 2017).
More...
Fresh fine for waste operator for failing to clean up
Mowbray Park asbestos waste
The NSW Environment Protection Authority (EPA) has
fined a waste operator $7,500 after he failed to comply with an EPA
direction to clean up contaminated fill that had been deposited at
a private property in Mowbray Park (12 November 2017).
More...
In the media – Queensland
PCA: Labor's tax on Queensland
businesses
The Property Council is warning that the Labor Party's proposal
to increase land tax will have a devastating flow-on impact for
businesses and communities across Queensland. Many of the
properties that will be impacted by this tax are commercial
properties that are home to Queensland businesses employing
thousands of Queenslanders (24 November 2017).
More...
PCA: Leaders challenged on surplus government
land
The state's property industry has presented a bold vision for
six of the Queensland Government's most underutilised
landholdings, challenging political leaders to commit to do more
with surplus State-owned land. The Property Council's
Six Sites: Redevelopment of surplus Government Land to Stimulate
the Queensland Economy report, produced by industry advisory
firm and city shaping experts Urbis, has illustrated how the
private sector could transform some the Government's most
neglected land parcels (19 November 2017).
More...
Cross River Rail and Brisbane Live to progress
together
The Cross River Rail project and Brisbane Live entertainment
precinct will progress as a joint development under a Queensland
Labor Government, it has been revealed. Infrastructure and Planning
Minister Jackie Trad said that the delivery of Brisbane Live in the
Roma Street Parkland was "absolutely integral" to the
delivery of the $5.4 billion underground rail project (13 November
2017).
More...
Provisions to the Planning Regulation 2017 have
been made
Two amendments have been made to Planning Regulation 2017
effective 6 October 2017. The amendments address unintended
consequences of earlier amendments affecting the development of
contaminated land and development of koala habitat land (12
November 2017).
More...
Industry groups unite on roadmap to drive Qld's
economic growth
Five Queensland peak industry groups have united to release a joint
roadmap outlining how the next State Government can create jobs,
drive growth and build confidence across key sectors of the
economy. The 'Driving Queensland's Economic Growth'
State Election platform was developed and agreed upon by the peak
representative bodies for broadacre primary producers, tourism
businesses, the property industry, the resources sector and the
timber industry (12 November 2017).
More...
Brisbane's Masonic Temple Approved for
Revamp
Following years of flagging memberships, Brisbane's most
secretive society has been granted development approval for the
adaptive reuse of the 1930s-built Brisbane Masonic Centre. Lodged
by the Freemason's charity, the proposal seeks to repurpose
unused space and address safety shortcomings of the five-storey
sandstone building to position it for a "sustainable
future" (12 November 2017).
More...
In Practice and Courts
Announcements, Draft Policies and Plans released 2017
Victoria
Draft Plan Greater Bendigo released for
consultation
Eighteen transformational projects have been shortlisted in draft
Plan Greater Bendigo which Council has voted to release for
community feedback. The draft Plan now includes the shortlisted
projects which have been selected based on community feedback. You
can now download a copy of the Draft Plan Greater Bendigo here and
Draft Plan Greater Bendigo Implementation Plan
here.
Fishermans Bend Draft Framework Plan
Consultation
Draft Planning Scheme Amendment GC81 to the Melbourne and Port
Phillip Planning Schemes has been prepared to implement the vision
for Fishermans Bend through a suite of permanent controls and a new
Fishermans Bend Framework Plan. Submissions can be made until
December 2017. A Directions Hearing will be held on 20 December
2017. A Public Hearing will be held the week commencing 12 February
2018. More...
New South Wales
EPBC Referrals: Invitation to comment
Hunter Valley, NSW - Proposed modification of the conceptual
mine plan for the Middle Liddell coal seam which would increase the
dimensions of longwalls 15-17 and develop additional longwall
panels (November 2017).
Cut Flower Sustainable Management Plan 2018-22 &
Whole Flower Sustainable Management Plan
2018-22
EDO NSW submission - November 2017 - Our latest submission comments
on proposed sustainable management plans for protected plants and
asks that appropriate environmental assessment for licences is
demonstrated under the new licensing provisions.
More...
Biodiversity Conservation Investment
The Office of Environment & Heritage seeks feedback on the
Draft Biodiversity Conservation Investment Strategy
2017-2037 that will guide government investment in private
land conservation. Submissions are invited until 15 December 2017.
More...
Planning Amendments pass NSW Parliament
Significant planning law reforms
passed Parliament this week (14 November 2017). Various
amendments were proposed in the Upper House but the Bill passed
without amendment. The Bill amends the aims and structure of the
Act, community participation, strategic planning, governance and
enforcement. It will commence by a later Government proclamation.
The Government's further information on the Bill is
here.
Have your say on priorities for NSW land
conservation
Public consultation has commenced on continued planning for future
NSW national park additions as well as the NSW Government's
investment in private land conservation. The draft
strategy and the draft directions statement are being
exhibited at the same time. The consultation period for both
documents is open from 17 November to 15 December 2017. See the
Draft Biodiversity Conservation Investment Strategy 2017-2037:
Public consultation and
Draft NSW National Parks System Directions Statement.
More...
State Environmental Planning Policy (SEPP)
review
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. The closing date for submissions is 15
January 2018. To make a submission on the Explanation of Intended
Effect or for more information, visit here.
EPA consultation: Minimum Standards for Managing
Construction Waste in NSW
The EPA is seeking feedback on proposed legislative changes that
will introduce minimum standards for managing construction and
demolition waste, and improve waste management. Changes proposed
relate to offences for transferring waste from licensed waste
facilities. The closing date for submissions is 12 December.
More...
Draft Community Engagement Strategy
The NSW Department of Industry is exhibiting a community engagement
strategy to bring openness and transparency to decisions about
Crown land used by the community. The strategy will apply to
non-council Crown land managers and is a statutory requirement of
the new Crown Land Management Act 2016.
More...
Have your say on Greater Sydney's future: public
comment
The Greater Sydney Commission is encouraging residents, community
groups, industry, councils and agencies to have their say on the draft
Greater Sydney Region Plan and five revised draft
District Plans currently on exhibition. The Commission is
hosting a series of three-hour Community
Feedback Workshops, for those wanting to meet face-to-face. The
draft Plans are on exhibition until 15 December 2017.
More...
Greater City Commission: New app puts city planning in
young people's hands
Greater Sydney's next generation is being given the chance to
use their creativity to help shape the city's future, through a
new app launched by the Commission, in partnership with the NSW
Office of the Advocate for Children and Young People
(ACYP) (15 November 2017).
More...
Community Consultations on Exhibition
Policies
EP&A Regulation Review Close 24/11/2017.
Repeal of two operational State Environmental Planning Policies
Close 22/12/2017.
Draft Environment SEPP Close 15/01/2018.
Proposed amendment to the definition of Bulky Goods Premises
Close 13/12/2017.
Amendment to Seniors Housing SEPP Close 24/11/2017.
Queensland
Draft Neighbourhood Plan: Banyo-Northgate and The
Gap
Brisbane City Council has called for feedback on its
draft neighbourhood plan for Banyo-Northgate, which encompasses
parts of Nudgee, Nundah, Virginia, and Hendra as well. A
draft Neighbourhood Plan has also been developed for The Gap.
Feedback is due on both plans by 8 December 2017.
EPBC Referrals: Invitation to comment
Park Ridge, QLD - A predominately residential development
consisting of approximately 1,500 lots with a commercial precinct,
open space, conservation and associated transport and stormwater
infrastructure (20 November 2017).
Cases
Victoria
Villawood Properties v Greater Geelong CC [2017] VCAT
1908
Section 79 of the Planning and Environment Act 1987; Geelong
Planning Scheme; Urban Growth Zone; Multi-Unit Development;
Relationship to Regional Park; Access; Site Layout. No permit.
Naked for Satan v Yarra CC [2017] VCAT 1890
Section 80 of the Planning & Environment Act 1987;
Yarra Planning Scheme; Commercial 1 Zone and Mixed use Zone,
Heritage Overlay Schedule 311, Heritage Overlay Schedule 334,
Environmental Audit Overlay; Expansion of existing tavern, Number
of patrons, Hours of operation, patron management, cumulative
impact, impact on amenity.
Holland v Yarra CC [2017] VCAT 1718
Yarra Planning Scheme; Application pursuant to Section 82 of the
Planning and Environment Act 1987; Commercial 2 Zone
(C2Z); Change of use of existing building to a
Restricted Recreation Facility (Axe Throwing); Amenity impacts;
Traffic; Parking; Plan of Management.
New South Wales
Ross v Lane Cove Council [2017] NSWCA
299
APPEAL – application for leave to appeal against costs orders
made by Land and Environment Court in Class 4 proceedings –
no sufficiently arguable case to warrant a grant of leave
demonstrated by applicant.
Sheesha (NSW) Pty Ltd v Canterbury-Bankstown Council
[2017] NSWLEC 1658
DEVELOPMENT APPEAL: Proposed hotel – practicality of proposed
building height – streetscape presentation – pedestrian
experience – street activation – variation to controls
not warranted – siting of ground floor inappropriate in
context – poor streetscape presentation.
D L Newport Pty Ltd v Northern Beaches Council [2017]
NSWLEC 1661
MODIFICATION – of a development application to relocate the
driveway and vehicular access into a higher hazard flood area
– does the relocated driveway present an unacceptable risk to
life - jurisdiction – does the owners' consent relied
upon by the applicant satisfy the requirements of cl 115(1)(h) of
the Environmental Planning and Assessment Regulations 2000
– whether the development after modification is substantially
the same as the original consent.
Jin Huang v Canterbury-Bankstown Council [2017] NSWLEC
1653
DEVELOPMENT APPLICATION: mixed use development; calculation of
height; whether height excedence; whether clause 4.6 variation
required; setbacks and building separation; design quality of
apartments; ceiling heights; solar access; natural ventilation;
communal open space; streetscape character; area in transition;
adequacy of onsite stormwater detention; adequacy of basement car
park design having regard to AS2890.1; precedent.
Environment Protection Authority v Wambo Coal Pty Ltd
[2017] NSWLEC 152
SENTENCE – environmental offence – plea of guilty to
charge of water pollution from coal mine – low objective
seriousness – mitigating factors considered – totality
principle applied SENTENCE – environmental offence –
plea of guilty to charge of failure to comply with licence
condition – low objective seriousness – mitigating
factors considered – publication order made.
Strathfield Municipal Council v C & C Investments Trading
Pty Ltd [2017] NSWLEC 155
INTERLOCUTORY INJUNCTION: Works allegedly undertaken and occupied
not in accordance with development consent and a (valid ?)
occupation certificate – principles to apply – serious
question to be tried – balance of convenience favours limited
relief and expedition of trial.
Young v King (No 12) [2017] NSWLEC 150
BIAS: Application for the trial judge to recuse himself from the
hearing of an application by the respondents for personal costs
orders against the lawyers who represented the unsuccessful
applicant at trial, on the grounds of prejudgment –
principles to apply.
Queensland
IVL Group Pty Ltd & Anor v Redland City Council [2017] QPEC 073PLANNING AND ENVIRONMENT – applicant appeal against refusal of development application for a material change of use to facilitate the conversion of a public park into the extension of a carpark for an adjacent shopping centre – where park had been dedicated as a condition of the shopping centre approval and separated the shopping centre from residential properties – where park had deficient CPTED design and a history of anti-social behaviour which led the Council to encourage the applicant to enter into a conditional contract to purchase the park and to make the development application – where, in the context of local opposition and a change in council, the council subsequently refused the development application – where significant conflict admitted – whether sufficient grounds – reasonable expectations – extent of CPTED deficiencies and associated behavioural issues – where adequate open space otherwise – where park has values of environmental significance – where notwithstanding its CPTED deficiencies it serve functions of relevance – where proposed carpark would have its own CPTED issues – where no need otherwise for proposed carpark – where grounds not sufficient to warrant a decision to approve.
Jackson v Brisbane City Council [2017] QPEC
072
PLANNING AND ENVIRONMENT – APPEAL – where the appellant
owns two long narrow lots in the low density residential zone
– where the appellant made an application to realign the
boundaries to achieve two square lots, including a rear lot of less
than 600 square metres – where Council refused the
development application for the reconfiguration of the lots –
whether a decision to approve the proposed development would
conflict with the planning scheme – whether the lots are
appropriately sized and configured – whether the proposed
development maintains a block pattern that accommodates traditional
backyards – whether there are sufficient grounds to warrant
approval despite the conflict.
Gerhardt v Brisbane City Council [2017] QCA
285
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND –
GENERALLY – where the owners of land applied to the applicant
for a development permit for building work – where a dispute
arose between the applicant and the respondent about the nature of
any development approval the applicant was empowered to issue
– where the applicant contends that the Council was given the
jurisdiction to assess the owners' application as a concurrence
agency upon referral by the applicant as the assessment manager
– where the respondent contends that a separate application
for development approval was required to be made directly to the
respondent in respect of that aspect of the application –
where the resolution of that dispute involved the construction and
application of provisions of various legislation – where the
primary judge refused the declarations sought by the applicant
– where the applicant has applied for leave to appeal against
that decision – whether the primary judge erred in
determining the nature of the respondent's jurisdiction to
assess the owners' application in so far as it required
consideration of the demolition code under the City Plan
2014.
Becker v Brisbane City Council [2017] QPEC
071
PLANNING – CHANGE APPLICATION – RESPONSIBLE ENTITY
– where the applicant seeks to change a development approval
– where the change application is for a minor change –
where the development approval was given because of an order of the
court – where there were no properly made submissions for the
development application because the application was code assessable
– whether the court is the responsible entity on the basis
that it assessed and decided the development application.
Tong Town Planning & Development Services Pty Ltd v
Brisbane City Council [2017] QPEC 070
ENVIRONMENT AND PLANNING – APPEAL – application for
demolition of a pre-1946 house – whether house does not
contribute positively to the visual character of the street.
K & K GC Pty Ltd as trustee for the K & K Family Trust v
Gold Coast City Council [2017] QPEC 069
COURTS – JUDGES – apprehension of bias – where
judge mentioned complaint made by associate and requested Counsel
maintain courteous discourse – whether reasonable
apprehension of bias.
Legislation
Commonwealth
Regulations
Mutual
Recognition Amendment (NSW Container Deposit Scheme) Regulations
2017
21/11/2017 - These regulations amend the Mutual Recognition
Act 1992 to permanently exempt NSW Container Deposit Scheme
legislation from the operation of that Act.
New South Wales
Bills passed by both Houses of Parliament – week ending 17 November 2017
Environmental Planning and Assessment Amendment Bill
2017
The object of this Bill is to amend the Environmental Planning
and Assessment Act 1979 (the principal Act)
to implement a range of reforms to improve the environmental
planning and assessment system in NSW and to re-organise, revise
and simplify the provisions of the principal Act. Date Passed
without amdt: 14/11/2017 Awaiting Assent, 15/11/2017.
Proclamations commencing Acts
Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 No 57 (2017-644) — published LW 24 November 2017.
Regulations and other miscellaneous instruments
Protection of the Environment Operations (General) Amendment (Penalty Notices) Regulation 2017 (2017-647) — published LW 24 November 2017.
Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment (Supply and Collection) Regulation 2017 (2017-650) — published LW 24 November 2017.
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.