Australia: Property & Projects - What's News in Property & Projects - 13 June 2012

Last Updated: 16 June 2012

Latest news – National

Commercial tenants force malls to cut their rent as sales slump
Australia's biggest shopping-centre operators, are lowering rents for new stores while existing tenants call for cuts as major mall sales drop for the first time in a decade (31 May 2012) More...

Greenhouse and Energy Minimum Standards legislation is introduced into Parliament
The Government has introduced the Greenhouse and Energy Minimum Standards (GEMS) legislation to Parliament, which introduces national legislation to regulate equipment energy efficiency and to expand energy efficiency regulation into new product areas (30 May 2012) More...

Legislation for $10 billion energy fund passes Lower House
The Federal Government has pushed legislation through the Lower House to set up a $10 billion green investment bank for clean energy projects. The Government will invest $2 billion a year over five years from 2013-14 in the corporation, supporting renewable and low-emission energy projects through loans, guarantees and equity investments from 2013/14 (30 May 2012) More...

Latest news – Victoria

State wants to axe parking space to increase public transport use
More clogged roads have been predicted as the State Government moves to cut the number of car spaces allocated to new apartment blocks. The Government says the action will reduce planning red tape for developers and encourage more people living near transport hubs to use trains, trams and buses (31 May 2012) More...

Better planning for parking
Planning Minister Matthew Guy said reforms to the planning scheme would provide for greater clarity and certainty, a reduction in resource and administrative costs and more streamlined and informed decision making. Particular attention has been placed on urban design, neighbourhood character and safety in car parking design to achieve a high quality urban environment (28 May 2012) More...

Coalition Government reforms development contributions framework
The Victorian Coalition Government has chosen a preferred framework for development contribution plans. Mr Guy said the Government would now move to finalise a model of a new standardised levy system based on five infrastructure categories (24 May 2012) More...

Victoria's ports better protected
Planning Minister Matthew Guy has moved to ensure Victoria's ports and surrounding environs are further protected to secure their ongoing productivity. Releasing the report of the Ports and Environs Advisory Committee, Mr Guy outlined new planning controls for the ports of Melbourne, Hastings, Geelong and Portland (22 May 2012) More...

Latest news – New South Wales

Sydney starts smart green apartments program
Twenty five of Sydney's apartment buildings are about to get a green makeover via the city's new Smart Green Apartments program. The program seeks to create more efficient, cost-effective buildings, with a focus on energy and water efficiency and waste reduction (31 may 2012) More...

Latest news – Queensland

Newman Government announces new focus for GOCs
The Newman Government has announced seven new Chairs for Queensland's Government Owned Corporations (GOCs). Treasurer and Minister for Trade Tim Nicholls said the new Chairs, approved at a meeting of the Governor in Council yesterday, would ensure improved delivery of services for Queenslanders (01 June 2012) More...

ULDA transfers powers back to local councils
The Newman Government has commenced transferring planning powers back to 17 local governments from the Urban Land Development Authority (ULDA). Section 136 of the ULDA Act allows the ULDA to delegate its functions to the Chief Executive Officer or an appropriately qualified officer of a local government (31 May 2012) More...

LNP plans incremental growth for Abbot Point
The Deputy Premier and Minister for State Development, announces the development of terminals T0, T2 and T3 at Abbot Point which will would provide a huge increase in Queensland's coal export capacity (31 May 2012) More...

State government approves $6b Alpha Coal mine in Galilee Basin
The Newman Government has approved the $6.4 billion Alpha Coal Project in Queensland's Galilee Basin owned by Indian conglomerate GVK and Gina Rinehart's Hancock Coal. The GVK-Hancock Coal project heralds the next stage of the mining boom, but the requirement for foreign workers has not been ruled out (30 May 2012) More...

New precinct plan for Brisbane CBD
Premier Campbell Newman has unveiled a multi-billion-dollar sell-off and rebuild of government office towers in the new "Precinct Master Plan' to rejuvenate the Brisbane CBD. Public consultation will begin with the announcement, while developers can put in expressions of interest from this week (29 May 2012) More...

Regional airlines to fly out of Brisbane's Archerfield airport
UP under A new 20-year Master Plan approved by the Federal Government, will allow up to 24 commercial passenger flights a day from Brisbane's suburban Archerfield Airport. Airport General Manager Corrie Metz said options for improvements to surrounding roads, noise issues, airport protection and potential precinct layouts had also been canvassed within the plan. (28 May 2012) More...

Major Cape York mine approved
The Queensland Coordinator-General gave the green light to Rio Tinto's $1.45 billion South of the Embley bauxite mining extension on Cape York. Rio Tinto's proposal will extend the life of bauxite mining near Weipa for another 40 years, and can proceed subject to strict development and operating conditions set by the Coordinator-General (23 May 2012) More...

Articles – Queensland

Regional cooperation towards green Asia: trade in low carbon goods and services
Author: Kaliappa Kalirajan, Crawford School of Public Policy
It is logical to argue that low carbon goods and services (LCGS) led growth is an imperative for the Asia Pacific countries, particularly for the emerging Asian economies, which are heavily dependent on imported energy and resources (22 May 2012) More...

The Future for Manufactured Homes in Residential Parks in Queensland
Author: Nicolee Dixon: Parliamentary Library RBR2012-05
Focuses on the proposed amendments to the Building Act 1975 (Qld) and the Property Agents and Motor Dealers Act 2000 (Qld) to remove the need for sellers and real estate agents to provide sustainability declarations to potential buyers of most types of residential property (May 2012) More...

Treasury (Cost of Living) and Other Legislation Amendment Bill 2012 (Qld): Repeal of Sustainability Declarations Provisions
Author: Nicolee Dixon; Parliamentary Library RBR2012-07
The main focus was the financial and social position in which manufactured home owners find themselves if their site rental agreement is terminated because the park owner decides to redevelop the park or use the land for another purpose (May 2012) More...

In practice and courts – National

The updated Carbon price claims – Guide for business
The Guide provides more practical guidance on specific issues experienced by small businesses and gives examples to illustrate how the guidance applies in practice, including information to support carbon price claims, and dealing with suppliers and a series of web videos (23 May 2012)
Carbon price claims – Guide for business
Carbon price claims: guide for business - Business snapshot

In practice and courts – Victoria

Classification of Farm Buildings
The Building Commission is not proposing the reclassification of farm buildings. The Commission has prepared and is currently circulating a draft Practice Note to industry for comment, which explains the principles of the classification that already exist under the national Building Code of Australia (BCA) (30 May 2012) More...

In practice and courts – Queensland

Brisbane City Council- Notice of adoption of a Temporary Local Planning Instrument to the Brisbane City Plan 2000 – Statutory Guideline 01/12
Temporary Local Planning Instrument 01/12 - The Temporary Local Planning Instrument will provide improved guidance and certainty for the community about residential development and building in flood affected areas. The Temporary Local Planning Instrument commenced on 16 May 2012 and will cease to have effect on 15 May 2013 (May 2012)

Cases – Victoria

Tenth Vandy Pty Ltd v Natwest Markets Australia Ltd; Thomas v Natwest Markets Australia Ltd [2012] VSCA 103
LANDLORD AND TENANT – Retail shopping centre lease – Forfeiture of Lease – Relief against forfeiture – Equitable compensation – Unconscionable conduct – Whether unconscionable for Landlord to exercise legal right of re-entry following non-payment of rent – Whether respondent's 'impugned conduct' contributed to appellant's failure to pay rent and outgoings – Arbitration –Whether re-entry calculated to 'gazump' jurisdiction of arbitrator – Hearsay evidence – Whether appellant misled as to evidence to be led when no witnesses called – Tanwar Enterprises Pty Ltd v Cauchi [2003] HCA 57; (2003) 217 CLR 315, considered; Bowfinger v Kingsway Group Ltd [2009] HCA 44; (2009) 239 CLR 269; Australian Consumer Commissioner v Samton Holdings Pty Ltd (2002) 117 FCR 301; Legione v Hately [1983] HCA 11; (1983) 152 CLR 406; Stern v Mac Arthur (1988) 165 CLR 459; Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 referred to – Retail Tenancies Act 1986 ss 17(1)(b) and 17(2). COSTS – Applications for leave to appeal against order for costs on an indemnity basis – Offer of compromise – Calderbank offer – Effect of an unaccepted offer – Whether refusal of settlement offer unreasonable – Costs against a non-party – Whether appropriate for director of appellant to be made personally liable for costs – Applications refused More...

Melkat Pty Ltd v Campaspe SC (Red Dot) [2012] VCAT 657
Section 149A Planning and Environment Act 1987 – declaration – clause 52.28-4 – definition of strip shopping centre- The application for declaration is refused.
Section 149A Planning and Environment Act 1987 application for declaration - Zone and Overlays
Business 1 Zone - Heritage Overlay (HO2 – Echuca Central Area, HO75 – Moreton Bay Fig, Caledonian Hotel, Darling Street, Echuca) More...

Bass Coast SC v Tew & Anor (Red Dot) [2012] VCAT 658
Section 177(2) Planning and Environment Act 1987 – ending a section 173 agreement – consent of all persons who are bound by any covenant in the agreement is required – Van der Heyden v Mansfield SC disapproved – no permit granted More...

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