In the media – National
Colliers - Supermarkets most popular with retail
According to the Colliers International's Retail Research and Forecast report, supermarket-anchored centres are the most sought after retail investment asset. Sales per sqm and influencing factors (store location and size, car parking, store product mix, fresh food and produce quality, local demographic, service levels and store refurbishment programs) will determine investment in smaller prime assets (02 July 2012) More...
Federal Government says GST does not apply to carbon
The government says laws have been specifically amended to ensure that no GST is payable on the $23-a-tonne carbon tax applied to about 300 of the nation's largest carbon emitters, and insists the GST does not apply to its carbon tax, warning action would be taken against businesses that claimed otherwise (13 July 2012) More...
Declaration for Australia's largest land
A huge new reserve has been declared in Central Australia, becoming Australia's largest ever land conservation zone and creating a major link in the Trans-Australia Eco-link corridor. More than 10 million hectares, from red deserts to subtropical savannahs, will be protected as the Southern Tanami Indigenous Protected Area (10 July 2012) More...
Commonwealth marine reserves begins final consultation
The final round of public comment on the Gillard Government's plans to create the world's biggest network of marine reserves begins today, with the The Director of National Parks today published a notice in the Australian Government Gazette inviting members of the public to comment on the marine reserves proposal (11 July 2012) More...
Australia-China Low-Emissions Coal Partnership Fund
The launch this week of the $1.1 million Australia-China Clean Coal Technology Partnership Fund aims to accelerate the deployment of low emissions coal technologies to reduce emissions from coal- fired power stations. The Fund is an initiative of the Australia-China Joint Coordination Group on Clean Coal Technology (JCG) (09 July 2012) More...
GM canola contamination leads to court
Australia's system of organic certification will come under intense scrutiny when two neighbouring farmers do battle in the Western Australian Supreme Court in a test case on genetically modified crop contamination (06 July 2012) More...
In the media – Victoria
Zone reforms to return planning certainty
The Victorian Coalition Government's sweeping reform of planning zones will return certainty to our suburbs and towns and in particular to councils, residents and the development industry. Planning zones are the greatest indicator of the style of development for any area. The reform package aims to provide clear identification of areas that can grow and strong protection for areas that are designed to be low rise, low density neighbourhoods (11 July 2012) Zone reforms to return planning certainty
Planning zone reforms to target
The Victorian Coalition Government will boost the Victorian business sector, jobs and productivity growth through major planning zone reforms. Sweeping reforms to Business Zones which will streamline investment in commercial developments and make Victoria the most competitive state in Australia for commercial development (11 July 2012) Planning zone reforms to target productivity
Farming communities to benefit from rural planning zone
The Victorian Coalition Government has moved to make farming easier and to provide greater flexibility for land management to regional and rural Councils through sweeping reforms to Victoria's rural zones (11 July 2012) More...
Mayor appeals to developers over city
Melbourne's Lord Mayor Robert Doyle is appealing to developers to work with council to address a handful of neglected sites around the city that he has described as "eyesores." (09 July 2012) More...
Largest urban renewal area in Australia begins
The Victorian Coalition Government has rezoned 240 hectares to Capital City Zone to kickstart the Fishermans Bend urban renewal area, according to the Minister for Planning. The initiative has also been declared a project of State Significance under the Planning and Environment Act and leads the way for Melbourne to be an Australian leader in inner city urban renewal (02 July 2012) Largest urban renewal area in Australia begins now
In the media – New South Wales
A New Planning System for NSW
The NSW Government is creating a planning system for the 21st century, public interest, with the release on 14 July 2012, of the Planning System for New South Wales – Green Paper, a bold step in the development of a new planning system for the State (14 July 2012)
In the media – Queensland
Engineers Australia releases comments on the Queensland
Flood Commission of Inquiry
Currently floodplain management is the responsibility of local authorities, with some input from state and federal advisors. This approach is inconsistent across the state, resulting in varying flood management, according to the Engineers Australia report findings (05 July 2012) More...
Farmers fear loss of mining compo
Farmers fear they will be denied compensation for a loss of land values from mining exploration after a landmark court decision ruled only the impacts of specific activities should be reimbursed. In the first decision on compensation under new land access arrangements, Land Court Judge rejected arguments from central Queensland graziers that they should be compensated $50,000 for the loss of land value from a potential future mining lease (12 July 2012) More...
Government announces First Regional Plan Committee
A timetable for development of the Statutory Regional Plans for the Darling Downs and Central Queensland has been announced by the government, to deliver the regional plans to resolve land-use conflicts between regional communities, rural landholders and the resources sector. The Mayors will be members of the Regional Planning Committees as will local Members of Parliament. An Expression of Interest process is currently underway for business, industry and community involvement on the planning committees (12 July 2012) More...
New simpler procurement for Moreton Bay
Federal Infrastructure and Transport Minister Anthony Albanese said that work will soon start on the next road component of the Moreton Bay Rail Link, with the delivery of the project under a single entity with the Queensland Department of Transport and Main Roads as the Principal for the contract. Simpler procurement on the Moreton Bay Rail Link will see improved outcomes for the local community while delivering vital infrastructure for the Moreton Bay region (11 July 2012) More...
Jewel resort development
The Deputy Premier and Minister for State Development, Infrastructure and Planning, have made the decision to "call-in" the application for the $1 billion Jewel resort development at Surfers Paradise. The state's planning legislation allows the Deputy Premier to 'call-in' and decide an application that is regarded as being of 'state interest (11 July 2012) More...
Next phase of coal mine plans approved
The Queensland Government has brought a billion-dollar coal project in the southern inland a step closer to reality after approving the next phase of its development. Deputy Premier and Minister for State Development Jeff Seeney has given Cockatoo Coal permission to begin an environmental impact statement (EIS) for its planned 5,800-hectare Taroom coal mine (10 July 2012) More...
Forum to focus on 'midicities'
An authority on urban management and planning says the Gold Coast is playing an increasingly important role in state and national economies. The role of 'midicities', or communities of 10,000 or more people that are not state capitals, will be discussed at a forum (10 July 2012) More...
Legislation to stop early termination fees on
The Newman Government will make legislative changes to protect electricity customers from being hit by early termination fees if they choose to change companies. The Electricity Amendment Bill will make changes to the Electricity Act (1994) including prohibiting early termination fees for small and residential customers where they are notified of an increase in charges above the regulated price (09 July 2012) More...
Queensland Coastal Plan
Prior to the State election the LNP committed in its Property and Construction Strategy to revisit the Queensland Coastal Plan (QCP). This process has commenced with the first meeting of the re-established stakeholder working group meeting last week (05 July 2012) More...
Pundits praise Origin LNG sell-down
Origin Energy pledge to continue selling down its stake as a way of funding its share of the $23 billion project came as the APLNG partners confirmed that a second processing ''train'' would be built at the project's Curtis Island site in Queensland (04 July 2012) More...
Public comment sought for Bromelton State Development
The Newman Government wants community feedback on the draft development scheme for the Bromelton State Development Area (BSDA). Deputy Premier and Minister for State Development, Infrastructure and Planning, Jeff Seeney, said the draft development scheme outlined the vision for the area and identified preferred future land uses (04 July 2012) More...
Newman Government gets Cloncurry rail facility on fast
The Newman Government has thrown its support behind a new rail facility in Cloncurry to boost mineral exports. With the government's seal of approval for a new multi-user rail load-out facility to service mining projects in the region (04 July 2012) More...
Resource Regions to benefit from cash
Queensland communities which are battling to maintain infrastructure in the state's mining boom will receive a $495 million boost under the Newman Government's Royalties to the Regions program. The program will see millions of dollars returned to 14 regional Queensland councils to help provide critical infrastructure in areas placed under enormous strain by the mining boom (03 July 2012) More...
No room in SEQ for mega sheds
South-east Queensland is experiencing a shortage of 'mega shed' sites, according to Savills. Retailers, manufacturers and logistics chains consider Brisbane a critical distribution hub – which has seen unprecedented development of 50,000+ sqm facilities in the region (02 July 2012) More...
Council waste levy wound back from 01 July
The Minister for Environment and Heritage Protection has repealed the existing government waste levy from 01 July 2012. While the gate fees of disposal sites remain the removal of the waste tax will help business and local councils lower their costs, according to Mr Powell (02 July 2012) More...
In practice and courts – National
Carbon price claim complaints
The ACCC notes there may be some confusion arising from reports about the variety of cost pressures that impact on businesses and why prices may rise. The ACCC has published a series of Business Snapshots – available at www.accc.gov.au/carbon - including one on dealing with suppliers. To report a claim or for further information on the ACCC's role in relation to carbon price claims and a range of associated publications for businesses and consumers, visit www.accc.gov.au/carbon (12 July 2012)
Current Draft Policies and Plans, Announcements
Consultation – Proposed reform to
Proposed reforms to Victoria's zones have been announced. Comments will be sought on the proposed residential, commercial, industrial and rural zones between 17 July 2012 and 21 September 2012 (11 July 2012)
In practice and courts –Queensland
Department of Sustainability, Environment, Water, Population and Communities
EPBC Act Public notices - Public Notifications and Referrals – Planning
2012/6459 Arrow Energy Pty Ltd/Energy generation and supply (non-renewable)/Bowen Basin Central Queensland/QLD/Arrow Bowen Pipeline (CSG), QLD Invitation for Public Comment on Referral 10 Jul 2012
2012/6457 Department of Transport and Main Roads (QLD)/Transport - land/Victoria Street Cardwell/QLD/Cardwell Foreshore Reconstruction Project Invitation for Public Comment on Referral 10 Jul 2012
2012/6455 Alma Properties Pty Ltd/Residential development/Dakabin, 27km north of Brisbane/QLD/Residential Development at 31 Alma Rd Dakabin, QLD Invitation for Public Comment on Referral 09 Jul 2012
2012/6453 Australian Power Boat Association Offshore Council Inc/Tourism and recreation/Moreton Bay, Redcliffe/QLD/Redcliffe Offshore Superboat Race Invitation for Public Comment on Referral 09 Jul 2012
2012/6246 Cape Alumina Limited/Mining/Cape York, 95km north of Weipa/QLD/Bauxite Hills Mine and Port Project Invitation for Public Comment on Assessment Process Notice: Draft EIS guidelines 06 Jul 2012
2012/6444 Department of Transport and Main Roads (QLD)/Transport - land/Central Queensland/QLD/Repair, Reconstruction and Rehabilitation of Leichhardt Highway, QLD Invitation for Public Comment on Referral 02 Jul 2012
Current Draft Policies and Plans, Announcements
Timetable for First Regional Plan Committee
The Deputy Premier will meet firstly with the Mayors of councils within the boundaries of each region and those meetings will be followed by the initial meetings of new Regional Planning Committees. July 24- Mayors of Toowoomba, Southern Downs, Goondiwindi, Western Downs, Maranoa and Balonne councils; July 27 - Mayors of Banana, Central Highlands, Gladstone, Rockhampton and Woorabinda councils (12 July 2012) More...
QRAA – New loan interest rates for
Queensland's agricultural sector
Interest rates for the Queensland Government's First Start and Sustainability Loans had been cut. The new fixed interest rates on First Start and Sustainability Loans drawn down from 1 July 2012 to 31 December 2012 are: Term Interest rate 1 year fixed 4.24%; 3 year fixed 4.26%; 5 year fixed 4.52% For further information on loan benefits, terms and eligibility criteria Freecall 1800 623 946 or visit www.qraa.qld.gov.au (02 July 2012) More...
Office of State Revenue Updated Public Rulings 04 July 2012
Cases – Victoria
Commissioner of State Revenue v Snowy Hydro Limited
 VSCA 145
TAXES AND DUTIES – Dutiable transaction – Transfer of interest in landholding entity – Whether entity 'land rich' – Power station joint venture – Freehold land 'made available' to joint venture by one joint venturer – Land partly leased to joint venture partner – Unencumbered value of land – Whether value affected by contractual obligation to joint venture – Whether equitable interest created – Value of intangible assets – Whether right to receive rental separate asset from freehold title – Whether new argument permitted on appeal – Whether penalty tax payable – Whether taxpayer took reasonable care – Appeal allowed – Duties Act 2000 (Vic) ss 21, 71–4, 87, 272(1).
EQUITY – Trusts – Joint venture – Power station – Production and sale of electricity – Output owned by joint venturers in proportionate shares – Hedging contracts entered into by one joint venturer – Hedging revenue to be shared in proportion to respective interests in joint venture – Whether contract asset held on trust – Intention to be inferred from commercial arrangements – Whether fiduciary duties owed More...
Dong v Sam (Civil Claims)  VCAT 871
Contract – sale of business – whether the parties entered into a binding contract – no agreement on all essential terms – no acceptance of offer – whether the contract, if made, was voidable for misrepresentation – Victorian Civil and Administrative Tribunal Act 1998 s 75(1), (4) More...
Pavlovich v Pavlovich (Real Property)  VCAT
Tribunal's power to order transfer of a co-owner's interest to another co-owner under Part IV of the Property Law Act 1958 (Vic); presumptions of advancement and resulting trust as to purchase price rebutted by parties' intentions at time of purchase; Tribunal's jurisdiction where person is a co-owner in law only and has no beneficial interest in the land More...
Soolido Proprietary Ltd & Anor v Bali Addiction Plus
More Pty Ltd (Retail Tenancies)  VCAT 883
"Retail tenancy", s4 Retail Leases Act 2003, rent and outgoings, damages to restore to previous condition, interest More...
Commissioner of State Revenue v Australand Investments
Pty Ltd  VSCA 152
TAXATION – 'Land rich landholder' – Duties Act 2000 (Vic) ss 3(1), 71, 78, 79, 85(2), 89E(1) and (2), Items 20(6) and (7) of Schedule 2 – Information Memorandum offering units in property trusts provided for exit strategies – Subsequent redemption of units as part of 'stapling transaction' by which units in trusts stapled to shares and other units – Whether 'widely held trust' – Whether units 'issued to the public' – Meaning of 'prospectus' – Whether exit strategies constituted a written agreement or arrangement – Whether stapling transaction (constituting a relevant acquisition) resulted from a written agreement or was in response to an arrangement made before commencement of s 89 and Items 20(6) and (7) introduced by State Taxation Acts (Tax Reform) Act 2004 (Vic) More...
Portbury Development Co Pty Ltd v Ottedin Investments
Pty Ltd & Ors  VSC 274
PRACTICE AND PROCEDURE – Application for summary judgment – Civil Procedure Act 2010 (Vic), s 63 – Supreme Court (General Civil Procedure) Rules 2005 (Vic), rr 23.01, 23.02 – Application granted Application by defendants pursuant to r 11.05 (2)(b) for leave to join third party after expiry of thirty days from time for delivery of defence – Application refused.
REAL PROPERTY – Contract for sale of land – Rescission notice for default in payment of purchase monies– Default not remedied and contract rescinded – Claim for shortfall and expenses after resale of property – Defences considered to have no real prospect of success More...
Myrtle Rose Pty Ltd v Wielunski Nominees Pty Ltd (Retail
Tenancies)  VCAT 921
LANDLORD AND TENANT – Rectification of lease document; relevant principles - Establishing intention of parties as to who was responsible to pay for outgoings More...
Penniall Enterprises Pty Ltd v Owners Corporation
RN4160667X & Ors (Owners Corporation)  VCAT
Water leaking from a balcony in a multi-storey apartment building; Owners Corporations Act 2006 ss 48, 49 and 122(1); Water Act 1989 ss 16 and 20. Plan of Subdivision, "Boundaries shown by thick continuous lines are defined by Buildings", "Location of Boundaries defined by buildings" More...
Owners Corporation No 1 PS511693Q v Sulomar & Anor
(Owners Corporation)  VCAT 944
Fees – fee notice given before annual general meeting set the fee – ratification – fee notice effective – Owners Corporations Act 2006 ss 23, 24, 71(2)(f), 72(2)(e). 'Service' – special resolution not required for providing recycled water for gardens, etc., on common property – special resolution was required for providing vouchers for free use of golf course – Owners Corporations Act 2006 ss 4, 12, 46(b), 47(1) More...
Published – articles, papers, reports – Queensland
Queensland Flood Commission of Inquiry's Final Report: analysis of the implications
Engineers Australia releases comments on the Queensland
Flood Commission of Inquiry
Source: Engineers Australia's Queensland Division Flood Committee
The report, collated by senior engineers and flood-experts from, highlights the intense and highly complex challenges faced by the dam engineers responding to the flood crisis in 2011 (July 2012) More...
Cases – Queensland
Coordinator-General Department of Infrastructure and
Planning v Elliott as TTE & Anor  QLC 31M
There had been no effective exercise of the option for renewal of the lease.
Leases, Extensions, Waiver, Option More...
Abacus Funds Management v Sunshine Coast Regional
Council  QPEC 046
Developer appeal against refusal of impact-assessable development application – site adjoins applicant's established major tourist resort whose character ("small clusters of buildings set in extensive parklands and naturally vegetated areas") is sought to be preserved by the precinct intent under the planning scheme – building height limited by planning scheme to two storeys with the possibility of three storeys "surrounding the lake" – proposal for 158 self-contained apartments (providing an accommodation type in demand but not available in the resort) in three large buildings of four storeys and one of three storeys placed end to end, half of the apartments facing the rear of the resort across its car park, half facing designated wetlands with minimal setback – applicable codes contemplated significant separation or buffering for protection of wetlands – visual amenity issues for road and Mudjimba Beach, also the Resort – whether established "need" for the proposal (as tourist or residential accommodation) and other factors overcame conflict with the planning scheme – significance of earlier approvals, one for material change of use (MCU) for similar buildings (with somewhat smaller footprints) contained in a court order made by consent, one allowing clearing of the site and its wetland vegetation (implemented) and construction of a podium or platform (said to provide a "hard edge" effective to protect the adjacent wetlands) – MCU approval extended once by Council to prevent lapsing, but subsequently lapsing when Council refused two further requests (in refusals subject to pending appeals) – whether 2005 approvals (for 56 or so units) were a "starting point" – 2005 approval and current proposal compared – current proposal said to be "over development" More...
Goldvista Holdings Pty Ltd and Anor v J & L Branca
Investments Pty Ltd  QCAT 257
Retail shop leases dispute – arrears of rent – jurisdiction of Queensland Civil and Administrative Tribunal More...
Sticky Fingers Pty Ltd v Klooster  QCAT
Compensation where the lessor substantially restricted the lessee's access to the leased shop – unconscionable conduct – no proof of damage – application dismissed More...
Legislation – Queensland
Antarctic Treaty (Environment Protection) Amendment Act
No 90 of 2012
An Act to amend the Antarctic Treaty (Environment Protection) Act 1980, and for other purposes, Administered by: Sustainability, Environment, Water, Population and Communities Originating Bill: Antarctic Treaty (Environment Protection) Amendment Bill 2011 (05 July 2012) More...
Clean Energy (Customs Tariff Amendment) Act No 85 of
An Act to amend the Customs Tariff Act 1995, and for related purposes, Administered by: Attorney-General's; Originating Bill: Clean Energy (Customs Tariff Amendment) Bill 2012 (04 July 2012) More...
Clean Energy Legislation Amendment Act No 84 of
An Act to amend legislation relating to clean energy, and for other purposes- definition of carbon dioxide equivalence) and designated fuel means: natural gas; or taxable fuel (04 July 2012 ) More...
Clean Energy (Excise Tariff Legislation Amendment) Act
No 81 of 2012
An Act to amend excise tariff legislation, and for related purposes, Administered by: Treasury; Originating Bill: Clean Energy (Excise Tariff Legislation Amendment) Bill 2012 (03 July 2012) More...
Fair Work (Building Industry) Act 2012 - Direction to
Fair Work Building Industry Inspectors (13/06/2012)
This direction revokes the Building and Construction Industry Improvement Act 2005 - Direction to Inspectors (28/02/2011). Administered by: Education, Employment and Workplace Relations (09 July 2012 ) More...
Financial Management and Accountability (Establishment
of the Climate Change Special Account) Determination
This determination establishes the Climate Change Special Account to handle funds related to the National Partnership Agreement on Energy Efficiency. Administered by: Finance and Deregulation (09 July 2012 ) More...
Australian Renewable Energy Agency Determination
This determination sets out the funding strategy for 2012-13 which allows an extension of a slightly revised version of the Emerging Renewables Program with streamlined and efficient governance arrangements, consideration of funding for shortlisted Solar Flagships projects, and consideration of funding for applications to the Advanced Biofuels Investment Readiness program, based on the recommendation of the Biofuels Advisory Committee. Administered by: Resources, Energy and Tourism (09 July 2012) More...
Carbon Credits (Carbon Farming Initiative) Amendment
Regulation 2012 (No. 2) SLI 2012 No. 125
This regulation amends the Carbon Credits (Carbon Farming Initiative) Regulations 2011 to make transitional provisions in relation to recent changes to the certification procedures for applications for recognition as an offsets entity; Administered by: Climate Change and Energy Efficiency (04 July 2012) More...
Carbon Farming (Destruction of Methane Generated from
Manure in Piggeries) Methodology Determination 2012
This determination gives effect to the methodology for the Destruction of Methane Generated from Manure in Piggeries, in accordance with section 106 of the Carbon Credits (Carbon Farming Initiative Act) 2011; Administered by: Climate Change and Energy Efficiency (04 July 2012) More...
Carbon Farming (Reduction of Greenhouse Gas Emissions
through Early Dry Season Savanna Burning) Methodology Determination
This determination gives effect to the methodology for reducing greenhouse gas emissions through early dry season savanna burning, in accordance with section 106 of the Carbon Credits (Carbon Farming Initiative) Act 2011.; Administered by: Climate Change and Energy Efficiency (04 July 2012) More...
Australian National Registry of Emissions Units
Amendment Regulation 2012 (No. 2) SLI 2012 No. 124
This regulation amends the Australian National Registry of Emissions Units Regulations 2011 to make transitional provisions in relation to recent changes to certification procedures for applications to open a Registry account. Administered by: Climate Change and Energy Efficiency (02 July 2012) More...
Renewable Energy (Electricity) Amendment Regulation 2012
(No. 5) SLI 2012 No. 127
This regulation amends the Renewable Energy (Electricity) Regulations 2001 to prescribe the manufacture of reconstituted wood-based panels as an additional emissions-intensive and trade-exposed activity that is eligible under the Renewable Energy (Electricity) Act 2000. Administered by: Climate Change and Energy Efficiency (02 July 2012) More...
No 97 Housing and Public Works Legislation Amendment Regulation (No. 1) 2012 - 06-07-2012
Schedule of fees current from 01 July 2012 under the Architects Act 2002; Building Act 1975; Building and Construction Industry Payments Act 2004; Domestic Building Contracts Act 2000; Housing Act 2003; Plumbing and Drainage Act 2002; Professional Engineers Act 2002; Queensland Building Services Authority Act 1991 ;Residential Services (Accreditation) Act 2002; Retirement Villages Act 1999
No 99 Electricity Amendment Regulation (No. 3) 2012 - 06-07-2012
Amends the Electricity Act 1994 - Prescribed amount for credit for electricity produced by small photovoltaic generators
No 100 Sustainable Planning Amendment Regulation (No. 4) 2012 - 13-07-2012
Sustainable Planning Act 2009 - increase fees for assessing development applications for Brisbane core port land, and Planning and Environment Court fees in accordance with the 2012 annual rate for indexing fees and charges as determined by the Queensland Government
No 102 Justice Legislation (Fees) Amendment Regulation (No. 1) 2012 - 13-07-2012
Schedule of fees commencing on 13 July 2012 for Courts and Queensland Government Agencies and departments is listed here
Electricity (Early Termination) Amendment Bill 2012 - 10-07-2012
This Bill is for an Act to prohibit early termination or exit fees for small and residential customers where they are notified of an increase in charges during the course of their market contract and the increased charges exceed notified electricity prices.
Progress of Bills
South-East Queensland water (distribution and retail restructuring) amendment bill 2012
Legislative Assembly 10/7/2012 Read a third time, passed all stages and awaiting assent
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