Latest news – National
Revised carbon offset standard (NCOS) released for
carbon markets
The federal government has released a revised National Carbon
Offset Standard (NCOS), allowing Australian businesses to offset
their products with pollution reduction under the Governments
Carbon Farming Initiative. The Australian Government introduced the
NCOS on 1 July 2010 to ensure national consistency and consumer
confidence in the voluntary carbon market (02 May 2012)
More...
Carbon pricing financial services: registration and
licensing
The Australian Securities and Investments Commission (ASIC) has
released details regarding the registration and licensing process
for those intending to provide financial services in emissions
units under the Australian Government's carbon pricing
mechanism. ASIC Commissioner, John Price, said registration will
help providers of financial services meet their licensing
requirements under the Corporations Act 2001 (01 May 2012)
More...
Carbon tax calculated for councils
The federal government will assist local councils to calculate
their emissions and costs associated with the price of waste
disposal. Council landfills that produce more than 25000 tonnes of
carbon dioxide equivalent emissions per annum will be liable, where
Carbon Price Mechanism (CPM) costs will need to be factored (01 May
2012)
More...
Federal government Supporting Airports
Investment
The Federal Labor Government has announced that all federally
leased airports will be offered the protection of a Tripartite
Deed, giving them greater certainty in securing financing for
infrastructure developments. Last year the government agreed to
extend existing tripartite deeds for 12 major airports by another
30 years, removing an obstacle to airports' planned investment
of up to $9 billion to expand and modernise their facilities (24
April 2012)
More...
Latest news – Victoria
Coalition invests $66 million in better water
management
The Victorian Coalition Government is investing more than $66
million over the next four years with a responsible and necessary
approach to improving water management in Victoria (01 May 2012)
Coalition invests $66 million in better water management
Coalition moves on $6 billion urban
development
The Victorian Coalition Government will drive economic activity,
productivity and jobs as it confirms funding in today's Budget
to plan the redevelopment of the 23 hectare E-Gate rail yard site
in West Melbourne (01 May 2012)
Coalition moves on $6 billion urban development
Insurance Council welcomes renewed commitment to replace
Fire Services Levy
The Insurance Council of Australia has welcomed the commitment in
the Victorian 2012-13 Budget to replace the Fire Services Levy with
a property-based charge from July 1, 2013. The Budget reaffirmed
the Victorian Government's commitment to implementing the 2009
Bushfire Royal Commission recommendation to abolish fire levies
from insurance premiums (01 May 2012)
More...
Coalition invests in Victoria's energy
security
The Victorian Coalition Government has allocated $33.7 million
over five years for a package of new measures, including stronger
government oversight of the smart meter program and protecting
Victoria's interests during the introduction of the
Commonwealth Government's carbon tax (01 May 2012)
Coalition invests in Victoria's energy security
Council to remove 'expensive' bluestone
lanes
A Melbourne council is confident it can preserve the character of
two inner city suburbs, despite plans to rip up more than 67
kilometres of bluestone laneways (30 April 2012)
More...
Court action for ACE Parking Pty Ltd and
others
The Victorian Supreme Court has ordered private car park operators
who issued unlawful parking 'fines' to stop using
misleading tactics. The court's decision confirms that private
parking operators cannot levy fines or prosecute motorists who stay
overtime or do not display a ticket. The court also found that
requests for payments issued by ACE Parking mimicked fines issued
by official agencies such as councils and government, using
terminology such as 'offence', 'breach' and
'fines.' (26 April 2012)
More...
Largest environmental joint-project to clean up the
Maribyrnong River Valley
Minister for Environment and Climate Change, Ryan Smith, today
announced funding of $1.04 million towards a $3.6 million project
to revitalise Melbourne's second-largest river valley, the
Maribyrnong (24 April 2012)
Largest environmental joint-project to clean up the Maribyrnong
River Valley
$1.2 billion infrastructure project delivers jobs and
prosperity
Victorian Premier Ted Baillieu today announced a $1.2 billion
re-development of the Port of Melbourne which will create 2,600
jobs and enhance the economic future of the state (24 April 2012)
$1.2 billion infrastructure project delivers jobs and
prosperity
Latest news – New South Wales
Planning for Sydney's big challenges
Sydneysiders are being invited to have their say on the future
plans for growth, homes and jobs in the metropolitan area over the
next 20 years. Minister for Planning and Infrastructure, Brad
Hazzard has released a discussion paper on the key principles to
underpin a new 20-year Metropolitan Strategy (03 May 2012)
Planning for Sydney's big challenges
Latest news – Queensland
Korea legislates for emissions trading
The Republic of Korea has passed legislation last night for a
national emissions trading scheme (ETS). The South Korean ETS will
start in 2015 and cover facilities emitting 25,000 tonnes of carbon
pollution. By the beginning of next year, 27 European Union
members, Norway, Iceland, and Switzerland, Australia, New Zealand,
the US state of California and the Canadian province of Quebec will
be using emissions trading to cut carbon pollution (03 May 2012)
More...
Royal flush for miners - reports call for ban on
fracking
Mining companies should pay full royalties from the outset of
mining activities, a government inquiry into coal seam gas mining
will recommend today. The report will also call for a ban on
fracking until the chemical implications of the practice are
assessed and a freeze on new production licences until regulatory
reforms are in place. It will also recommend an ombudsman be
appointed to oversee the petroleum industry (01 May 2012)
More...
Koala now protected under national environment
law
The Environment Minister announces Australia's most at-risk
koala populations need to be included on the national list of
threatened species. Minister Burke has decided to list koala
populations in Queensland, New South Wales and the Australian
Capital Territory as vulnerable under national environment law (30
April 2012)
More...
Queensland State's assessment of Central Queensland
weirs approved
Queensland Coordinator-General Barry Broe cleared the way for
SunWater Limited and the Gladstone Area Water Board to prepare the
environmental impact statement (EIS) for the Lower Fitzroy River
Infrastructure Project. The weir projects were identified as
options for meeting short to medium-term urban and industrial needs
in the Lower Mackenzie-Fitzroy sub-region, and the final terms of
reference for the EIS had been approved and provided to the
proponent (30 April 2012)
More...
Government to press on with council de-amalgamation
offer
The Queensland Government says it will push ahead with a review of
options for councils wishing to undo forced amalgamations. The
Government has promised to appoint a Boundary Commissioner to
oversee the process (30 April 2012)
More...
Mining environmental incident
investigated
The Environment and Heritage Protection department (DERM)
announces an investigation into the release of drilling fluid into
the Condamine River downstream of Chinchilla Weir where contractors
have stopped drilling work at the site. QGC is preparing a risk
assessment of the likelihood of the problem recurring in future
works at the Condamine River site and will submit it to the
department (28 April 2012)
More...
ClimateSmart Home Service closes in
Queensland
Environment and Heritage Protection Minister Andrew Powell has
announced the closure of the ClimateSmart Home Service, stating the
service will cease taking bookings from 26 April, as part of the
LNP's commitment to save Queensland taxpayers dollars (26 April
2012)
More...
CSG body to 'restore faith' in
regime
Tree-clearing penalties, water-allocation processes and
negotiations between farmers and the burgeoning coal-seam gas
industry face an overhaul after the Queensland government announces
a range of far-reaching land management reviews (20 April 2012)
More...
Articles – Victoria
The Basin Plan: legal debates and
developments
Source: Daniel Montoya, Parliament of NSW
The Murray-Darling Basin extends over 1 million km2 of
south-eastern Australia, covering three-quarters of NSW, more than
half of Victoria, significant portions of Queensland and South
Australia, and all of the ACT (20 April 2012)
The Basin Plan: legal debates and developments
Practice notes/directions – National
New carbon farming opportunities for livestock
producers- public consultation
The Domestic Offsets Integrity Committee has released for public
consultation an offsets methodology that could provide livestock
producers with new opportunities to earn carbon credits for
reducing methane emissions. The methodology will be released on the
Department of Climate Change and Energy Efficiency website for 40
days. All public comments will be considered by the Domestic
Offsets Integrity Committee during its assessment of the
methodology. The methodology, and further information is available
at www.climatechange.gov.au/cfi
(02 May 2012)
ASIC guide to registration and licensing of financial
services in emissions units
ASIC has developed a regulatory guide, Do I need a licence to
participate in carbon markets? (
RG 236) to help people determine whether they require an AFS
licence to provide financial product advice and other financial
services in emissions units. Registrations for those involved in
either advising, dealing, making a market or providing a custodial
or depository service in relation to emissions units can be lodged
with ASIC from 1 May until 30 June 2012. Applications for
registration must be made in
Form FS91. (02 May 2012)
Practice notes/directions – Victoria
Building Code of Australia (BCA) Disability Access
changes
Hendry Building Surveying Consultants have
issued advice on recent major changes in the disability access
provisions for buildings in the Building Code of Australia (BCA)
and the Disability (Access to Premises – Buildings)
Standards 2010 (24 April 2012)
More...
Practice notes/directions –Queensland
Revised National Carbon Offset Scheme
(NCOS)
The revised Standard provides guidance on what is a genuine
voluntary offset and sets minimum requirements for calculating,
auditing and offsetting the carbon footprint of an organisation,
product or event to achieve carbon neutrality. The revised Standard
also allows carbon credits issued under the Government's
previous Greenhouse Friendly scheme to be used to offset emissions
under the NCOS (02 May 2012) The revised Standard is available at
National Carbon
Offset Standard.
Good Environmental Choice Australia (GECA) - new
website
ASBEC member Good Environmental Choice Australia (GECA)
has launched its new website at www.geca.org.au. The site is a
total revamp of GECA's previous website and features industry
news, product listings, information on standards and certification.
The new site offers three ways to find certified products and
results can also be filtered by 'Approved Government
Supplier' status or whether products are 'Green Star
Applicable' Visit www.geca.org.au (May 2012)
Building Code of Australia (BCA) Disability Access
changes
Hendry Building Surveying Consultants have
issued advice on recent major changes in the disability access
provisions for buildings in the Building Code of Australia (BCA)
and the Disability (Access to Premises – Buildings)
Standards 2010 (24 April 2012)
More...
Legislation – National
National Greenhouse and Energy Reporting Amendment
Regulation 2012 (No. 1) (SLI 52/2012)
Commencement 1/07/2012 Schedule 2 - immediately
after the commencement of Schedule 2 to the National Greenhouse and
Energy Reporting Amendment Regulations 2011 (No. 1) (SLI 2011 No.
115). This regulation amends the National Greenhouse and Energy
Reporting Regulations 2008 to extend the existing National
Greenhouse and Energy Reporting Scheme reporting, monitoring and
compliance framework so that it incorporates entities liable under
the carbon pricing mechanism. National
Greenhouse and Energy Reporting Amendment Regulation 2012 (No.
1)
Clean Energy Amendment Regulation 2012 (No. 2) (SLI
51/2012)
Commences 21 April 2012 - This regulation amends the Clean Energy
Regulations 2011 to assist with compliance with the Clean Energy
Act 2011 and administration issues associated with the carbon
pricing mechanism Clean Energy
Amendment Regulation 2012 (No. 2)
Legislation - Victoria
VIC Government Gazette S142 - Environment Protection Act 1970
Notice is given in accordance with section 67F of the Environment Protection Act 1970 of the revision of the Enforceable Undertakings Guidelines. The purpose of this guideline is to explain to Victorian businesses and the community how EPA may use enforceable undertakings as an alternative to prosecution when an alleged breach of the Environment Protection Act 1970 (EP Act) or other legislation administered by EPA has occurred.
Cases – Victoria
Barro Group Pty Ltd v Brimbank City Council & Ors [2012] VSC 154
PLANNING AND ENVIRONMENT – Appeal from the Victorian Civil and Administrative Tribunal under s 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) – Application for planning permit to develop and use land as a landfill for solid inert waste – Legislative and policy framework for siting and developing landfills – Application of State environment protection policy - Policy of minimising landfills – Whether the lack of 'need' for a landfill can be grounds for refusing a planning permit – Whether the Tribunal's consideration of need for further landfill capacity was consistent with the legislative and policy framework for siting and developing landfills – Environment Protection Act 1970 (Vic) ss 16A, 19B, 50B, 50BA, 50BC – Planning and Environment Act 1987 (Vic) ss 77, 84B, 85.
ADMINISTRATIVE LAW - Whether the Tribunal misconstrued and misapplied policy – Whether the Tribunal's decision was irrational or illogical or failed to give proper, genuine and realistic consideration to the merits of the case – Rees v County Court [2011] VSC 67 – Minister for Immigration and Citizenship v SZJSS [2010] HCA 48; (2010) 243 CLR 164 More...
Investment Management Pty Ltd v Boroondara CC & Ors
[2012] VCAT 467
The construction of a three storey development above an existing
basement level of car parking. These upper three levels would
provide for 10 new dwellings. The ten existing basement car parking
spaces controlled by the Applicant would be utilised as part of the
proposal. Application under Section 77 of the Planning and
Environment Act 1987. Zone and Overlays - Business 2 Zone -
Environmental Audit Overlay - Special Building Overlay. Clauses 11,
15, 16, 17, 18, 21.07, 21.08, 22.11, 21.12, 22.03 and 22.10. As
this is a four level proposal, the Clause 55 ResCode provisions
strictly are not applicable – instead see the Guidelines
for Higher Density Residential Development More...
SJ Beaumont Investment Pty Ltd v Warrnambool CC [2012]
VCAT 464
Application under section 77 of the Planning and Environment Act
1987 to review a decision to refuse a permit. State and Local
Planning Policy Framework. Net social and economic effect of
gaming, Minimise social and economic effects of gaming. Relative
social and economic disadvantage. Car parking – no permit
issued More...
Chronis v Cimino (Retail Tenancies) [2012] VCAT
477
Retail Lease – rental fixed at lower rate until repairs
completed – some repairs done but not completed
– demand by Landlord for higher rental not justified
– subsequent re-entry by Landlord unlawful –
damage to Tenant's stock from leaking roof - no positive
obligation imposed upon Landlord to effect repairs –
Retail Leases Act 2003 s.52 - no action maintainable by Tenant for
failing to complete repairs More...
Stewart v East Gippsland SC (Land Valuation) [2012] VCAT 436 Pursuant to s 101 of the Victorian Civil and Administrative Tribunal Act 1998, and subject to any further order of a court or this tribunal, the contents of the personal taxation and financial records of the applicants produced to the tribunal on 4 April 2012 must not be published. The applicants in each proceeding seek to review the decision of the East Gippsland Shire Council to classify the whole of their respective land as 'commercial and industrial' for differential rating purposes for the rating years 2009-10 and 2010-11 More...
Ho v Greater Dandenong City Council [2012] VSC
165
LOCAL GOVERNMENT - Whether a local law prohibiting
'livestock' on land less than half a hectare should be
quashed - Functions and powers of local government - Power of a
Council to make local laws regulating the keeping of animals in its
municipal district - Whether local law inconsistent with planning
scheme - meaning of 'ancillary' uses or activities -
planning scheme and local law operating as cumulative controls - ss
3C, 3E, 3F and 111 of the Local Government Act 1989 (Vic) More...
Cases – Queensland
Colvin v Lennard & O'Brien [2012] QDC
071
CONTRACTS – GENERAL CONTRACTUAL PRIN-CIPLES –
INTENTION TO CREATE LEGAL RELA-TIONSHIP – AGREEMENTS
CONTEMPLATING EXECUTION OF FORMAL DOCUMENTATION – WHETHER
BINDING CONTRACT – where letter of intent with details of
agreement signed by all parties – where Defendants
alleged letter of intent was mere lease application form
– where works agreed to be done were in issue –
where agreement between parties was not concluded with formal lease
– where creation of formal lease in fuller terms with no
different effect than letter of intent was to be created
– whether letter of intent constituted concluded lease
contract More...
Salter v Towler [2012] QDC 077
Substituted service of claim and statement of claim allowed -
defendant resides in rented premises in a gated community, whose
rules render access by process servers extremely difficult - as
well as service by post, service upon the letting agents was
required More...
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