Australia: Property & Projects - What's News - 19 October 2011

Last Updated: 29 October 2011
Most Read Contributor in Australia, December 2017

Latest news


Government eyes lifting tax threshold and shedding state levies

6 October 2011

An increased tax-free threshold, the eradication of state taxes such as stamp duties, a crackdown on the use of tax-free allowances for foreign workers, and tax breaks for the non-mining sector have emerged as policy priorities More...

The tenant merry-go-round
7 October 2011
Factors such as economic growth, development of new space and consumer demand are all key to the level of tenant demand and movement. In 2011 a number of these factors are in direct conflict – the Australian economy is in reasonably good shape, but development activity and consumer demand, on the other hand are not More...

New housing among most taxed sectors in economy
4 October 2011
New housing is one of the most heavily taxed sectors of the Australian economy and its hurting the building industry as well as consumers, according to a new report from Centre for International Economics (CIE) More...

UDIA calls on Government to axe Stamp Duty
30 September 2011
The Urban Development Institute of Australia, in its submission to the Federal Government's Tax Forum, calls for an immediate scrapping of stamp duty on newly-built homes. The UDIA's submission also seeks for stamp duty on all property purchases nationally to be phased out within the next 10 years More...

Low carbon communities to improve energy efficiency

27 September 2011

The Minister for Climate Change and Energy Efficiency, Greg Combet, and the Parliamentary Secretary for Climate Change and Energy Efficiency, Mark Dreyfus, have published consultation papers on the design of two streams under the Low Carbon Communities initiative More...


Victorian regions bound to grow and prosper

6 October 2011

The answer to balancing the state's future population growth lies within regional Victoria, Deputy Premier and Minister for Regional and Rural Development Peter Ryan said today.

Vic Coalition announces $500,000 biofuels boost
5 October 2011
Victoria's biofuels industry has received a significant boost with the announcement of $500,000 from the Victorian Coalition Government for a new bio-energy production facility near Echuca.

Victoria leads the way on carbon storage with new centre
5 October 2011
The Victorian Coalition Government is taking action to create jobs and support Carbon Capture and Storage (CCS) technology by contributing $500,000 towards the creation of the new Centre for Geological Carbon Storage.

AIC president warns of dangers of 'market forces'
29 September 2011
The president of the Victorian chapter of the Australian Institute of Architects, Robert Puksand, fears that new urban developments such as Fishermans Bend, E-Gate and Batman Hill are also at risk if left purely to market forces and the state government does not take for new urban precincts More...

Mildura Master Plan starting to take shape
28 September 2011
Plans for the transformation of Mildura's riverfront precinct and the overhaul of the town's airport passenger terminal have received support from the Victorian Coalition Government with the allocation of $8 million in funding from the Regional Growth Fund Mildura Master Plan starting to take shape.

Report shows retailers shun Docklands, Southbank
28 September 2011
A report has found that retail vacancy rates are considerably higher in Docklands than in Melbourne's CBD. The report by the City of Melbourne and the State Government shows that the CBD recorded a vacancy rate of more than three per cent in February More...

Premier welcomes $2 billion industry contracts for Victoria
28 September 2011
In Beijing last night Premier Ted Baillieu witnessed the signing of a Declaration of Commitment as part of the signing ceremony for separate long term contracts worth more than $2 billion between purchaser Qenos and suppliers ExxonMobil Australia and BHP Billiton to supply petroleum feedstock to the Qenos Altona plant.

New South Wales

Government backs Aussie jobs on big projects
7 October 2011
Businesses receiving billions of dollars in grants for government projects will need to make an effort to use Australian products and services, under a deal struck at a federal government jobs forum. Developers of $2 billion-plus projects will get a five per cent tariff exemption on imports if they publish on the website details on the opportunities they have provided to Australian businesses More...

Planning shake-up gives greater power to councils
4 October 2011
Local councils will enjoy a huge increase in their power to determine big residential, retail and commercial developments from today, as laws take effect curbing state government powers to declare projects of state significance More...


Record fine for illegal land clearing
8 October 2011
A western Queensland man was fined $118,000 and ordered to pay $23,823.59 for costs incurred by the Department of Environment and Resource Management to investigate and pursue the charges under the Integrated Planning Act 1997. Acting Natural Resources Minister Andrew Fraser said Mr Scriven did not make any attempt to ensure he was within the law, did not consult DERM about the clearing, nor did he apply for a permit More...

Council discontinues court action over Caloundra South project
5 October 2011
Sunshine Coast Regional Council (SCRC) has today discontinued its Supreme Court action against the Caloundra South Urban Development Area (UDA) declaration. Mayor Bob Abbot said there had been a significant change in the circumstances surrounding the Supreme Court judicial review process since it was first initiated by Council, and the Council could not legally agree to Stockland's request without withdrawing entirely from the judicial review process More...

Mount Gordon miner fined $140K over contaminated water
3 October 2011
The Queensland Government says it is planning more inspections of mine sites to ensure they comply with current environmental management regulations, after the operators of the Mount Gordon mine, were found breaching a court order and two environmental protection orders More...

Queensland has called for new remote and regional tax offsets
2 October 2011
Queensland Treasurer Andrew Fraser will call for reform of the tax offsets for Australians who live in remote and regional areas at this week's national tax summit. The zones had been untouched since 1956 and the base rates of the offsets had been largely untouched since 1994 More...

Landholders told to know their rights on CSG
30 September 2011
Under the land access code, resource companies and landholders are required to keep information about each party confidential they say they have no way of knowing if they are being compensated properly. A Senate inquiry into the CSG industry was told this year that some compensation packages can vary from $10,000 to hundreds of thousands of dollars for different landholders More...

Reconstruction projects out to market
27 September 2011
The Queensland Reconstruction Authority has released a new reconstruction pipeline map to assist the construction and infrastructure sectors 'gear up' for work and to target their resources. The map provides a region by region overview of the pipeline of reconstruction projects and dollars More...



The impacts of the Henry Review recommendations on the private rental market - Savings income discount and rent assistance

30 September 2011
Author: Clinton McMurray, Rachel Ong, Gavin Wood
Australian Housing and Urban Research Institute
the impacts of a savings income discount on housing supply and affordability in the private rental market, this is the first of two final reports examining the implementation of the Henry Tax Review
The impacts of the Henry Review recommendations on the private rental market - Savings income discount and rent assistance

Cities Summit 2011 Redrawing the Australian Map for 2050

Author: Brian Haratsis, MacroPlan Australia; Joe Langley, Sinclair Knight Mertz

Detail their 21st century Australian map - hotspots for growth, population, migration, the labour market, economy, value capture strategies, and the types of development More...


Melbourne Retail Strategy 2006: 2012 – City of Melbourne

A joint initiative of the City of Melbourne, the State Government of Victoria and the Melbourne Retail Advisory Board Download - City of Melbourne

Practice notes/directions


Fund applications open: $100 million to support housing in regional Australia

7 October 2011

Local councils in regional centres across Australia are being invited to apply for Gillard Government funding to support more affordable housing in their communities. The design of the Building Better Regional Cities Program has been informed by consultation with eligible local governments and other stakeholders. Applications will close on Friday 18 November 2011, and information is available from the Building Better Regional Cities Program website at

Low carbon communities to improve energy efficiency Consultation papers on the design of two streams under the Low Carbon Communities initiative have been released for public submissions.Consultation on the papers closes on 21 October 2011. For information or to access the consultation papers visit: Further information on the Government's Clean Energy Future package is available at

Department of Climate Change and Energy Efficiency

Discussion paper on the National Carbon Offset Standard (NCOS) and a draft revised version of the NCOS - submissions close 12 October 2011.

Department of Sustainability, Environment, Water, Population and Communities

Restoring the Balance in the Murray-Darling Basin - Quennsland Lower Balonne water entitlement purchase tender. Up to $120 million will be available for purchases in two tenders in the Queensland Lower Balonne region. Applications are due by Friday 21 October 2011.

Marine bioregional planning

Release of draft Marine Bioregional Plan and Commonwealth marine reserve network proposal for the North and North-west Marine Regions. Comments close Monday 28th November 2011.

Stormwater harvesting and reuse projects - Third Competitive Grants Round - Applications are due by Wednesday 7 December 2011

Current Draft Policies and Plans, Announcements

New regulations made under the Subdivision Act 1988
New regulations made by the Governor in Council under the Subdivision Act 1988 will come into operation on 8 October 2011.

Currently Inviting Public Submissions

The Potentially Contaminated Land Advisory Committee reviewing existing planning controls and processes has prepared an Issues and Options Paper. Submissions are invited by 1 November 2011.

New South Wales

Current Draft Policies and Plans, Announcements

State significant assessment system
30 September 2011
On 1 October 2011, a new assessment system for projects of genuine State significance will commence in New South Wales. The State significant assessment system establishes two separate assessment pathways known as State significant development (SSD) and State significant infrastructure (SSI) More...

NSW planning system review heads to Newcastle and Sydney
5 October 2011
A comprehensive two-month listening tour across NSW, being held as part of the NSW. Government's planning system review, will soon head to Newcastle and the Sydney metropolitan area, from 17-21 October 2011.


OSR - Updated and converted Public Rulings

The following Public Rulings have been updated:

DA495.1.4—Adjudication fees
GEN007.4—Application of GST to certain state taxes, fees and charges.
The following Public Ruling has been converted from Revenue Ruling DA 23.2:
DA000.11.1—Reassessment of transfer duty—withdrawal of a home or first home concession More...



Native Title (Provision of Financial Assistance) Amendment Guidelines 2011 (No. 1)
7 October 2011
This instrument amends the Guidelines on the Provision of Financial Assistance by the Attorney-General under the Native Title Act 1993 (15/12/2006) on the Provision of Financial Assistance by the Attorney-General under the Native Title Act 1993 More...

Renewable Energy (Electricity) Amendment Regulations 2011 (No. 4) SLI 2011 No. 177
5 October 2011
Commencement: 6/10/2011 (Whole) These Regulations amend the Renewable Energy (Electricity) Regulations 2001 to increase the fee from $0.08 to $0.47 for the registration of small scale technology certificates created from small scale generation units under the Small Scale Renewable Energy Scheme component of the Renewable Energy Target scheme More...


Statutory Rules made

No. 103: Local Government (Finance and Reporting) Amendment Regulations 2011
Date of Making: 27/09/2011 Commencement: 27/09/2011
Not yet in operation: N/A Sunset Date: 27/09/2021
These Regulations provide that the financial statements of a Council included in its annual report are prepared in accordance with the current accounting standards

No. 111: Subdivision (Registrar's Requirements) Regulations 2011
Date of Making: 4/10/2011 Commencement: 08/10/2011: reg. 3
Not yet in operation: N/A Sunset Date: 04/10/2021

No. 112: Subdivision (Procedures) Regulations 2011
Date of Making: 4/10/2011 Commencement: 08/10/2011: reg. 3
Not yet in operation: N/A Sunset Date: 04/10/2021

Subdivision (Permit and Certification Fees) Regulations 2000 (SR 94/2000)
Notification 28/09/2000 Commencement 26/09/2000
Expiry 25/09/2011 The Subdivision (Permit and Certification Fees) Regulations 2000 will sunset on 25 September 2011: see the Subordinate Legislation (Subdivision (Permit and Certification Fees) Regulations 2000 - Extension of Operation) Regulations 2010, S.R. No. 20/2010.

New South Wales

Proclamations commencing Acts Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 No 22 (2011-509) — published LW 28 September 2011

Regulations and other statutory instruments Environmental Planning and Assessment Amendment (Part 3A Repeal) Regulation 2011 (2011-510) — published LW 28 September 2011



Roads Corporation v K-Line Mobile Mechanics Pty Ltd [2011] VSC 475

Valuation and compensation – Application for leave to appeal from orders made by Victorian Civil and Administrative Tribunal – Appeal on questions of law – Claims for compensation on acquisition of land – Loss attributable to disturbance – Whether there was evidence to support finding of fact or the refusal to be satisfied that a finding was justified – Wednesbury unreasonableness – Commissioner of State Revenue v Frost [2011] VSC 232; Roads Corporation v Dacakis [1995] 2 VR 508 – Land Acquisition and Compensation Act 1986, ss 30, and 41; Victorian Civil and Administrative Tribunal Act 1998, s 148 More...

Lontav Pty Ltd v Pineross Custodial Services Pty Ltd (No 2) [2011] VSC 485

Landlord and tenant – Lease of hotel premises – Lessee parted with licence of leased premises – Whether licence transferred by wilful breach or mistake – Whether mistake made by lessee or licensing authority – Continuing breach of an essential term which has not been remedied – Lease term about to expire – Option to renew exercised when in breach of essential term – Whether lessee entitled to further term – Lessee previously relieved from forfeiture on conditions including application for re-transfer of licence – Whether relief from forfeiture futile – Whether landlord unconscionably enforcing forfeiture rights – Whether lessee should have relief against forfeiture – Property Law Act 1958 (Vic) s 146(2) – Liquor Control Reform Act 1998 (Vic) ss 32, 90(1), 93, 96B, 106, 107. Retail leases – Lease of hotel to subsidiary of public company – Whether a retail lease – Whether option to renew governed by statutory provisions – Jurisdiction of VCAT – Retail Leases Act 2003 (Vic) ss 3, 4, 11, 27, 28, 89. Estoppel – Issue estoppel – Previous application for relief from forfeiture – Condition of relief in first proceeding was remedy of a breach not the subject of a default notice – Whether findings fundamental to decision to grant relief – Principles applying. Practice and procedure – Leave to re-open after judgment reserved – principles applying More...

Cuthbert v Maroondah CC [2011] VCAT 1815

The construction of five dwellings on the land. Conditions on the planning permit required the permit applicant to provide a pedestrian walkway along the frontage of the dwellings. The applicant is seeking a review of those conditions. Application under Section 80 of the Planning and Environment Act 1987 More...

SRK Horticulture v Boroondara CC [2011] VCAT 1823

Section 77 of the Planning & Environment Act 1987; Boroondara Planning Scheme; Residential 1 Zone; Nursery & restaurant (café); Amendment to permit; Increased patron numbers; Buildings and works; Amenity; Car Parking More...

Wirestripe v Hobsons Bay CC [2011] VCAT 1820

Section 77 of the Planning & Environment Act 1987; Hobsons Bay Planning Scheme; Construction of three double storey dwellings, neighbourhood character, overlooking, side and rear setbacks, building bulk – no permit More...

Cappellin v Brondolino (Real Property) [2011] VCAT 1778

Real property – co-ownership – adjustment of the rights of parties – s.233 – matters to be taken into account in adjusting rights of the parties – extraneous claims excluded – Limitation of Actions – application of - allegations of fraud – standard of evidence required commensurate with seriousness of allegations – no evidence of fraud or improper conduct – joint venture – whether relationship a partnership – whether the respondent was the Applicant's solicitor – absence of retainer – extent of duty in regard to work voluntarily undertaken – no general fiduciary relationship - no conduct proven that would have amounted to breach of a fiduciary or other obligation More...

Reid v Yarra CC [2011] VCAT 1801

Sections 80 and 82 Planning and Environment List 1987, Yarra City Council, demolition of part of a contributory building, impact on heritage place, two and three storey multi dwellings, impacts on adjoining property More...

Daniel Bowden Town Planning v Monash CC [2011] VCAT 1800

Monash Planning Scheme; Residential 1 zone; Section 77 Planning and Environment Act 1987; second dwelling at rear; double storey; streetscape character; backyard charcater; amount of open space More...

Catinvest Pty Ltd v Stonnington CC [2011] VCAT 1799

Aggie Corp Pty Ltd v Moonee Valley CC [2011] VCAT 1783 Sections 77 & 87 of the Planning & Environment Act 1987; Moonee Valley Planning Scheme; Reduction in car parking for expansion of dental clinic; Amendment of permit to delete condition restricting number of dental practitioners; Validity of condition.

Peluso v Safi [2011] VSC 504

Contract – Sale of land – Appeal from Magistrates' Court on questions of law – Where contract signed by vendor after date for payment of deposit and date by which purchaser entitled to terminate contract on grounds of lack of finance – Where purchaser unable to obtain finance – Rescission – No supervening event identified – Fundamental uncertainty as to purchaser's rights and obligations under the contract – Where parties' intention cannot be ascertained – Offer lapses after a reasonable period of time – Offer incapable of being accepted – Appeal dismissed More...

Treasury Wine Estates Ltd v Mornington Peninsula SC [2011] VCAT 1873

The use and development of the land for a restaurant, and for the sale and consumption of liquor, reduction of the associated car parking requirements, alteration of access to a road in a Road Zone Category 1, and construction and carrying out of buildings and works in accordance with the endorsed plans. Application under Section 77 of the Planning and Environment Act 1987 to review council's refusal to amend a permit. - Green Wedge Zone – Schedule 1 More...

Mooney v Yarra Ranges SC [2011] VCAT 1866

Clause 62.04 – Subdivisions not requiring a permit – Resubdivision not a realignment of a common boundary – Resubdivion not consistent with the purpose and object of the provision – Maino v Nillumbik SC applied – Validity of schedule to Green Wedge Zone discussed – BMF Pty Ltd v Greater Geelong CC considered – no permit More...

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