ARTICLE
24 February 2012

Property & Projects - What's News - 22 February 2012

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Holding Redlich

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Holding Redlich, a national commercial law firm with offices in Melbourne, Canberra, Sydney, Brisbane, and Cairns, delivers tailored solutions with expert legal thinking and industry knowledge, prioritizing client partnerships.
A summary of legislative and case law developments affecting property and projects.
Australia Real Estate and Construction

Latest news – National

Chair of Clean Energy Regulator Chair announced
The Government announces the appointment of Ms Chloe Munro as the Chair and Chief Executive Officer of the new Clean Energy Regulator to be established from 2 April 2012. The authority will implement and administer the carbon price mechanism, the National Greenhouse Energy Reporting Scheme, the Renewable Energy Target, the Australian National Registry of Emissions Units and the Carbon Farming Initiative (09 February 2012) More...

Climate change minister says emissions data will be reliable
Climate Change Minister says the federal government will fix the scheme that collects data on corporate carbon emissions before Labor's carbon tax comes into effect. A released ANAO report found that the NGERS is a "workable'' greenhouse gas and energy reporting scheme, but contains "significant security vulnerabilities'' and too much duplication across jurisdictions (08 February 2012) More...

Latest news – Victoria

New Executive Director appointed at Major Projects Victoria
Minister for Major Projects Denis Napthine welcomed the appointment of Tim Bamford as the new Executive Director of Major Projects Victoria (MPV). MPV is part of the Department of Business and Innovation and provides project delivery services and advice to Victorian Government departments and other agencies in the delivery of complex, challenging and unique projects (05 February 2012) http://www.majorprojects.vic.gov.au/media-centre#content

Sustainable Melbourne Fund holds information sessions for consultants and contractors
The City of Melbourne and Sustainable Melbourne Fund are hosting information sessions on how consultants and contractors to the commercial building sector can capture the opportunities created by environmental upgrade finance under the city's 1200 Buildings Program (07 February 2012) More...

Supply withdrawal pushes Melbourne CBD office vacancy
Melbourne's office market vacancy rate decreased in the six months to January 2012 due to both demand and withdrawal of supply, according to the Property Council of Australia's latest Office Market Report (02 February 2012) More...

Grazing proposal in Victorian Alpine National Park clearly unacceptable
A proposal by the Victorian Government to reintroduce cattle to the National Heritage listed Alpine National Park in Victoria has been determined to be clearly unacceptable under national environmental law and will not proceed (31 January 2012) Grazing proposal in Victorian Alpine National Park clearly unacceptable

Latest news – Queensland

National Energy Efficiency Program Funding calls for smart energy use
The Gillard Government commences a package of energy efficiency programs designed to drive smarter energy use in business, local government, households and communities for a clean energy future in February (09 February 2012) More...

Agribusiness actions return to court
Class action cases against select Australians agribusiness firms that collapsed following the global financial crisis will return to court this month. Much of what's at issue in each of the cases is dependent on the individual projects' product disclosure statements that were issued that people signed up on (01 February 2012) http://www.investordaily.com.au/13397.htm

Commissioner defends inquiry's work to toughen Brisbane's flood defences
Floods commissioner Cate Holmes has launched a spirited defence of her inquiry, arguing it would be a tragedy if the public focussed on forensic details and ignored the inquiry's work to improve Brisbane's disaster defences (12 February 2012) More...

Brisbane flooding 'inevitable' says expert
An independent hydrological expert has reiterated his support for the actions of Wivenhoe Dam's engineers, telling the state's flood inquiry that the flooding of Brisbane in January was "inevitable" (10 February 2012) More...

Strong demand tightens Brisbane office market
Strong demand for Brisbane office space has driven vacancy rates in Brisbane's CBD down from 7.4 percent to 6.2 percent in the six months to January 2012, according to the Property Council of Australia's latest Office Market Report (02 February 2012) More...

Councils demand more time for coastal plan
Queensland's new coastal plan comes into effect tomorrow. It replaces the State Coastal Management Plan and regional plans and provides policy direction on coastal reserves, beaches, esplanades and tidal areas (02 February 2012) More...

State Coastal Plan effective from 30 January 2012
The Queensland Coastal Plan, which protects the state's most vulnerable coastal land from future urban development, was jointly launched by the State Government and the Local Government Association of Queensland on April 7, 2011. The plan is effective from 30 January 2012 (02 February 2012) More...

Articles – National

No quick fix for Australia's future energy challenge
Author: Daniel Mullerworth, Tristan Edis, Tony Wood; Grattan Institute
This report sets out the findings of the technology assessments and reviews the implications for government policy in terms of developing and deploying low emissions electricity technology (06 February 2012) More...

Australian economic indicators 2012
Australian Bureau of Statistics
Primarily a reference document, this publication provides a broad basis for analysis and research on the Australian economy and includes statistics that can be applied to both macro-economic and sectoral analyses (02 February 2012) Australian economic indicators, Feb 2012

Articles – Victoria

Victorian bushfire recovery three year report
Department of Planning and Community Development
This report focuses on the progress and achievements made over the last 12 months including the delivery of programs, funding and support to communities and individuals affected by the 2009 bushfires (02 February 2012) Victorian bushfire recovery three year report

Practice notes/directions – National

National Energy Efficiency Program funding open
A package of energy efficiency programs designed to drive smarter energy use in business, local government, households and communities for a clean energy future has commenced, with guidelines To find out more about the package of energy efficiency programs visit: www.climatechange.gov.au Details are on the website at www.cleanenergyfuture.gov.au (09 February 2012)

Advisory Panel for clean energy futures project: expressions of interest
PIA is calling for 'expressions of interest' from planning professionals to participate on an advisory panel for a clean energy futures project. PIA's Tips and Tricks: Best Practice in Environment Effects Statements seminar is on 15 March.

Practice notes/directions – New South Wales

Current Draft Policies and Plans, Announcements

Bid to unlock paper subdivisions
Feedback is being sought on a proposal to assist the State's housing supply by allowing potentially thousands of homes to be built for the first time in century-old 'paper subdivisions' across the State (10 February 2012) Bid to unlock paper subdivisions

NSW: Changes to home building laws
The reforms outlined below will apply to the following from 1 February 2012: new residential building work, new home warranty insurance policies and new residential building contracts Changes to home building laws

Review of Potential Housing Opportunities on Landowner Nominated Sites
The government has commenced a review of potential housing opportunities on sites nominated by landowners. Sites will be reviewed on the basis of government-endorsed objectives and matters for consideration. A question and answer document [PDF] gives further information about the review process. It is anticipated that the Review will be completed in the first quarter of 2012 (03 February 2012) Review of potential housing sites underway

Practice notes/directions – Brisbane

New exit fee calculations for retirement village contracts commence 1 March 2012
For all retirement village contracts entered on or after 1 March 2012, the exit fee will be calculated daily. The new laws will also apply to existing retirement village contracts that do not specify another basis for calculation. A new Retirement Villages Form 1 will apply from 1 March 2012, available online together with more information regarding the new laws More...

Legislation - Victoria

City of Melbourne Amendment (Environmental Upgrade Agreements) Bill
Legislative Assembly 7/2/2012 Introduced and read a first time
This Bill is for an Act to amend the City of Melbourne Act 2001 to further provide for environmental upgrade agreements and to make other miscellaneous amendments and for other purposes.

Cases – Victoria

Summerhill Drafting Services v Moreland CC [2012] VCAT 80
Application under Section 77 of the Planning and Environment Act 1987 (the Act) to review a decision to refuse to grant a permit. Residential 1 Zone. Clause 55 Two or more dwellings on a lot and residential buildings. Dwellings (2x2 storey dwellings). State and Local Planning Policy Framework. Zone Purposes. Neighbourhood character. Crossovers More...

Re Willmott Forests Ltd [2012] VSC 29
CORPORATIONS – LIQUIDATION – DISCLAIMER OF ONEROUS PROPERTY – Where the plaintiff is in liquidation – Where the plaintiff acts as the responsible entity and manager of registered and unregistered managed investment schemes operated on freehold land and land leased by the plaintiffs to the members of the schemes – Liquidator of the plaintiff wants to sell the freehold unencumbered by the leases – Whether the liquidators disclaimer of the leases would have the effect of extinguishing the Growers' leasehold estate or interest in the subject land – Corporations Act 2001 (Cth) ss 477, 511, 568 More...

Polidoro Developments Pty Ltd v Hayek & Anor [2012] VSC 20
REAL PROPERTY – Caveat – Application to remove caveat – Transfer of Land Act s 90(3) – Whether estate or interest in land More...

Healy & Anor v Glen Eira CC & Anor [2012] VCAT 104
Section 82 Planning and Environment Act 1987 – re-subdivision - access to Crown Land – Tribunal no jurisdiction
Section 80 Planning and Environment Act 1987 – access – easement or section 173 Agreement More...

Pomeroy Pacific Pty Ltd v Stonnington CC [2012] VCAT 94
Section 77 Planning and Environment Act 1987 – Business 2 Zone – Design and Development Overlay Schedule 7 – 8 storey residential development - overall height – equitable development More...

Mobsby v Yarra Ranges SC [2012] VCAT 101
Sections 80 and 82 of the Planning & Environment Act 1987; Yarra Ranges Planning Scheme; dwelling density, neighbourhood character; lot size, increased storm water flows from new development; concrete or gravel driveway surface; tree protection More...

Hallfin Pty Ltd v Yarra CC [2012] VCAT 99
Yarra Planning Scheme; Application under Section 77 of the Planning and Environment Act 1987 against refusal to grant a permit; Mixed Use Zone; Heritage Overlay; EAO; Part demolition and re-use of existing buildings for a 104 space commercial carpark; Whether Strategic Redevelopment Site; Whether an underdevelopment; Sustainability; Interface with public realm; Heritage & acoustic considerations More...

Cases – Queensland

Lowther v Brisbane City Council [2011] QPEC 152
Demolition Control Precinct – Pre 1946 house – City Plan 2000 - Whether Positive Contribution to the Visual Character of Street More...

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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