Australia: Property & Projects - What's News - 6 August 2012

Last Updated: 12 August 2012
Most Read Contributor in Australia, September 2016

In the media – National

Productivity Commission's Role of Local Government as Regulator
The Productivity Commission's released final report on Performance Benchmarking of Australian Business Regulation: The Role of Local Government as Regulator identifies a number of areas of local government regulation that place unnecessary regulatory burdens on Australian businesses especially in relation to planning and zoning assessment and building and construction regulation (18 July 2012) More...

ASIC eyes off UL property
The Australian Securities & Investments Commission has released the findings of a proactive review of responsible entities operating managed investment schemes in the unlisted property sector (18 July 2012) More...

In the media – Victoria

Fishermans Bend warning
A leading real estate group has praised the concept of higher-density living close to the CBD, but questioned the scale of the rezoning in one hit and warned planners would have to be cautious in their redesign of the old industrial precinct (25 July 2012) More...

New Victorian Planning Zones Relevant to NSW Reforms
The Victorian Government has recently proposed a number of new planning zones that incorporate positive approaches that could be relevant to the proposed reforms in New South Wales, says the Urban Taskforce. The new commercial zone is proposed to allow greater diversity and promote competition, particularly through allowing supermarkets of up to 2,000 square metres across a wide range of locations in Victoria (24 July 2012) More...

Business welcomes simpler zoning
The Victorian executive director of the property council said reducing excessive planning regulations would help revitalise Victoria's commercial, industrial and retail dead zones, freeing up development opportunities. Under the proposals, the commercial 1 zone amalgamates the existing business 1, business 2 and business 5 zones. The proposed commercial 2 zone amalgamates the existing business 3 and business 4 zones (23 July 2012) More...

Supermarket competition enhanced by planning zone reform
The family budget and the weekly grocery bill stand to be big winners from the Victorian Coalition Government's reform to remove restrictive planning controls for supermarkets (22 July 2012) Supermarket competition enhanced by planning zone reform

New code bushfire management on public land
Reducing the bushfire risk to Victorian communities is the focus of the newly revised Code of Practice for Bushfire Management on Public Land (19 July 2012) New code bushfire management on public land

Melbourne docks for urban renewal
Community infrastructure projects will proceed in Melbourne's Docklands following the city council's partnerships with other tiers of government and the private sector (18 July 2012) More...

In the media – New South Wales

Mining, offshore interest drives Q2 hotel investment
Hotel investment activity will continue to be focused on major cities reaping benefits from the mining boom, according to Colliers International, with Q2 2012 hotel investment activity was strongest in Sydney, Perth and Brisbane (23 July 2012) More...

Asset value a key driver for Australian retrofits
Increasing asset value remains a key driver for green building development or retrofit in Australia, according to the Johnson Controls Energy Efficiency Indicator survey. In Australia the top three drivers for efficiency investments were cost savings, government or utility incentives and rebates, and increasing asset value (23 July 2012) More...

F3 to M2 Motorway One Step Closer
The announcement of early stage negotiations between the NSW Government and Transurban, as part of an unsolicited proposal to fund the long-promised F3-M2 motorway connection, is promising news for motorists and taxpayers (19 July 2012) More...

Funding to help boost housing supply
The NSW Government will extend financial assistance to councils to help deliver essential Infrastructure required to support new housing. Currently the local developer contributions, or Section 94 levies, which can be charged by councils are capped at $30,000 per residential lot for greenfield areas and $20,000 per residential lot in established suburbs (17 July 2012) Funding to help boost housing supply

In the media – Queensland

Mining, offshore interest drives Q2 hotel investment
Hotel investment activity will continue to be focused on major cities reaping benefits from the mining boom, according to Colliers International, with Q2 2012 hotel investment activity was strongest in Sydney, Perth and Brisbane (23 July 2012) More...

Asset value a key driver for Australian retrofits
Increasing asset value remains a key driver for green building development or retrofit in Australia, according to the Johnson Controls Energy Efficiency Indicator survey. In Australia the top three drivers for efficiency investments were cost savings, government or utility incentives and rebates, and increasing asset value (23 July 2012) More...

Central Qld Statutory Regional Planning commences
Moves are underway in Central Queensland to develop the region's Statutory Regional Plan to help resolve land use conflicts, with the first meeting of the committee that will guide the preparation of the Central Queensland Regional Plan. The Central Queensland Statutory Regional Plan is expected to be finalised in August 2013 (27 July 2012) More...

Government decision on the Connors river dam
The Government will examine potential water availability from existing infrastructure such as the Fairbairn and Burdekin Dams, after receiving advise from the SunWater Board that it has decided not to proceed with the Connors River Dam and Pipelines (CRDP) project (27 July 2012) More...

State red tape costs slashed for pool owners
The Housing and Public Works Minister said Building Regulation 2006 had been amended to allow pool safety inspectors to assess upgrade and repair work. However, where a pool owner is planning more extensive upgrades, a pool safety inspector will need to be engaged before the work begins (26 July 2012) More...

Minister meets miners and suppliers in Mackay
The Minister for Natural Resources and Mines, has committed to review legislation and regulation for junior miners as part of the Newman Government's six month plan, and lowering application costs and streamlining applications to encourage investment in the junior mining sector (24 July 2012) More...

Lend Lease, Queensland Health PPP to deliver $2 billion hospital
A Queensland Health and Lend Lease-led Exemplar Health consortium will deliver a $2 billion tertiary hospital on the Sunshine Coast in a public-private partnership (23 July 2012) More...

More LNG benefits for Central Queensland
The Queensland Coordinator-General had approved the region's third social impact management plan for the Australia Pacific LNG (APLNG) project operated by ConocoPhillips/Origin/Sinopec. APLNG has worked with the government to develop a local industry participation plan that has so far generated $1.95 billion worth of contracts for Queensland-based businesses (20 July 2012) More...

Origin price wind back welcomed by the Premier
Origin has announced that a review of pricing processes had resulted in the decision not to raise their market contract prices above the regulated Tariff 11 price which was frozen by the Queensland Government (17 July 2012) More...

Published – articles, papers, reports – National

Performance benchmarking of Australian business regulation: the role of local government as regulator
Author: Productivity Commission
The purpose of this study is to benchmark the regulatory role of local government across all Australian states and the Northern Territory, with a particular focus on those local government responsibilities which materially impact on business costs. This study is the first national study of the regulatory role of local government (18 July 2012) Performance benchmarking of Australian business regulation: the role of local government as regulator

In practice and courts – Victoria

National Release of Consultation Paper - Local Government Reform
The Independent Local Government Review Panel has released a Consultation Paper on local government reform. The Paper asks for comment on key issues, including infrastructure delivery, financial stability of councils and boundary changes. To read the Paper and for further details, click here. (17 July 2012)

VCAT Red Dot Decisions

Mirvac Real Estate Pty Ltd v Wellington SC & Anor (includes Summary) (Red Dot) [2012] VCAT 1019: Meaning of exemption relating to third party notice and review rights regarding a reduction of car parking under clause 52.06.
Marsden v Macedon Ranges CC (includes Summary) (Red Dot) [2012] VCAT 1038: Consideration of whether the "transitional provisions" in the new Bushfire Management Overlay apply to a Section 87A application involving an existing permit issued before November 2011.

In practice and courts – Queensland

Federal Koala Listing
The Government has released Interim Koala Referral Advice For Proponents to provide some guidance until the final guidelines are released. The Property Council and RDC encourages anyone undertaking an activity that could potentially require a referral to the Federal Government to seek expert advice to ensure they act in accordance with the legislation (19 July 2012) More...

GBCA Green Star certifications and skills
From 1 September 2012 GBCA will be introducing a streamed approach to Green Star qualifications and education delivery. The current Green Star CPD program will be expanded to include a total of five qualifications. For more information on the new CPD structure , visit the Green Star Qualifications. (18 July 2012)

Queensland Rail 2012 Draft Access Undertaking
The Queensland Competition Authority has published 8 submissions on Queensland Rail's (QRail's) 2012 draft access undertaking. Comments on those submissions are due on Friday, 14 September 2012 (24 July 2012) More...

Queensland Coastal Plan
The Property Council of Australia has provided a submission to the State Government outlining the changes they are seeking to the Queensland Coastal Plan (19 July 2012) More...

Cases – Victoria

Avranik Pty Ltd v Lloyd & Anor [2012] VSC 306
OWNERS CORPORATION – Rules of owners corporation – Construction of rules – Principles – Licence for car spaces of penthouse unit – Rights of owners and occupiers – Owners Corporation Act 2006 Parts 10 and 11, ss 140, 141, 152, 153, 162, 165, 167, 205 and Schedule 2 – Appeal from VCAT dismissed – Victorian Civil and Administrative Tribunal Act 1998, s 148. More...

Buchanek v Owners Corporation SPO 264 05A (Owners Corporation) [2012] VCAT 1040
Car park accessory unit – whether owner's right to rent it out was restricted – by-law made under Strata Titles Act 1967 – by-law ceased to have effect – claims for compensation dismissed – Strata Titles Act 1967 s 24 – Subdivision (Body Corporate) Regulations 1989 r 909 – Owners Corporations Regulations 2007. More...

Mirvac Real Estate Pty Ltd v Wellington SC & Anor (includes Summary) (Red Dot) [2012] VCAT 1019
Meaning of exemption relating to third party notice and review rights regarding a reduction of car parking under clause 52.06 - application was lodged by an objector applicant against a decision of the responsible authority to grant a planning permit for buildings and works and a reduction in car parking associated with a proposed Not Quite Right outlet in Sale. Outcome is a potential guideline decision More...

Bretair Pty Ltd v Cave (Retail Tenancies) [2012] VCAT 1039
LANDLORD AND TENANT – whether the Victorian Civil and Administrative Tribunal has jurisdiction to hear dispute; whether Fair Trading Act 1999 and Australian Consumer Law and Fair Trading Act 2012 bestow jurisdiction on the Tribunal to hear landlord and tenant disputes; whether the demised premises fall within the definition of a retail tenancy dispute; application of Retail Tenancies Reform Act 1998 & Retail Leases Act 2003 More...

Kaldawi v Okurowski & Ors (Owners Corporation) [2012] VCAT 1041
Common property – fence – one of three lot owners pays a share of cost of removing and replacing a fence then seeks contribution from the others – no agreement or request by them – proceeding dismissed More...

Kennedy v Cardinia SC (includes Summary) (Red Dot) [2012] VCAT 1057
Wildfire Management Overlay –Bushfire Management Overlay – Clause 44.06-8 transitional provisions – amended permit application – effect of section 50(7) Planning and Environment Act 1987 on transitional provisions More...

Ireland v Subway Systems Australia Pty Ltd & Anor (Retail Tenancies) [2012] VCAT 1061
LANDLORD AND TENANT - Retail Leases Act 2003 - whether lease or licence agreement, whether VCAT a 'court' for the purpose of s.10 of the Commercial Arbitration Act 2010; whether arbitration agreement ousts jurisdiction of VCAT. More...

Cases – Queensland

Orbis Management Pty Ltd v Alphabet Designs Pty Ltd [2012] QCAT 299
Commercial tenancy – insurance premiums to be paid by tenant – whether lessor obliged to minimise premiums More...

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