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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