Australia: Whats News in Property & Projects - 21 August 2012: Part 2

Last Updated: 5 September 2012
Article by Chris Lovell

Environmental Justice Report
Author: Environmental Defender's office (EDO)
Australian environment law needs to include "equitable distribution of environmental risk", a new report from Victoria claims. The report on "environmental justice", the result of a year-long project focused on three Vic case studies, made 33 recommendations for law reform (31 July 2012) More...

Towards an e-Infrastructure for urban research across Australia
Author: Robert Stimson et al; Australian Urban Research Infrastructure Network (AURIN)
Many challenges facing urban and built environment researchers stem from the complexity and diversity of the urban data landscape (02 August 2012) More...

Report on the environmental water needs of the Lowbidgee floodplain
NSW Office of Water
The process for water management in the Lower Murrumbidgee (Lowbidgee) floodplain has been outlined in this report (01 August 2012) More...

Report on the NSW Cold Water Pollution Strategy
NSW Office of Water
This report considers the progress of the cold water pollution strategy that aims to reduce the effect that major dams have on the ecology of large rivers. Cold water pollution is an artificial decrease in the temperature of river water in a natural ecosystem (01 August 2012) More...

Published – articles, papers, reports – Queensland

Recording Emissions Reduction Schemes in ABS Statistics
Author: Australian Bureau of Statistics
ABS Statistics (cat. no. 5257.0.55.001) paper details the statistical treatment of the measures legislated under the group of Acts that are known collectively as the Clean Energy Acts that came into force on 1 July 2012 (30 July 2012) More...

Government Response: Australia's biosecurity and quarantine arrangements
Author: Senate Rural and Regional Affairs and Transport References Committee
The committee's recommendations are provided in the order they are presented in the current report (30 July 2012) More...

Housing finance, Australia 2012
Author: Australian Bureau of Statistics
This paper contains time series data for secured and unsecured housing finance commitments for owner occupation, commitments for construction or purchase of dwellings for rent or resale, and loan outstandings to individuals/households for housing (08 August 2012)
Housing finance, Australia 2012

Public risk perceptions, understandings and responses to climate change in Australia and Great Britain - final report
Author: Joseph P. Reser, and others; National Climate Change Adaptation Research Facility
Australians are accepting climate change and are taking adaptive action, states this report (08 August 2012)
Public risk perceptions, understandings and responses to climate change in Australia and Great Britain - final report

Property industry confidence survey
Author: Property Council of Australia
The latest Property Council of Australia-ANZ Property Industry Confidence Survey shows Victorian respondents' sentiment declined from 96 on the index for the June quarter to 93 for the September quarter (04 August 2012)
Property industry confidence survey

Proposed basin plan August 2012
Author: Murray Darling Basin Authority
The re-revised Murray-Darling Basin plan with proposed changes to water regulation guidelines and the socioeconomic implications these differences will have to regional areas (02 August 2012)
Proposed basin plan August 2012

Environmental Justice Report
Author: Environmental Defender's office (EDO)
Australian environment law needs to include "equitable distribution of environmental risk", a new report from Victoria claims. The report on "environmental justice", the result of a year-long project focused on three Vic case studies, made 33 recommendations for law reform (31 July 2012) More...

Final Report on water Grid Service Charges for 2012-13
Author: Queensland Competition Authority
On 24 October 2011, the Authority received a Direction Notice under the SEQ Water Market Rules from the Minister for Energy and Water Utilities to investigate and recommend bulk water Grid Service Charges (GSCs) for 2012-13. The Authority has released its Final Report to the Minister (31 July 2012) More...

Towards an e-Infrastructure for urban research across Australia
Author: Robert Stimson et al; Australian Urban Research Infrastructure Network (AURIN)
Many challenges facing urban and built environment researchers stem from the complexity and diversity of the urban data landscape (02 August 2012) More...

In practice and courts – Victoria

VCAT Red Dot Decisions
Kennedy v Cardinia SC (includes Summary) (Red Dot) [2012] VCAT 1057: Operation of transitional provisions of Bushfire Management Overlay when permit application is amended.
Sunshine Investments Pty Ltd v Brimbank CC (includes Summary) (Red Dot) [2012] VCAT 979: Application for a residential development on land zoned Residential 1, but on a site proximate to an exhausted quarry pit, on which a non-putrescible landfill is proposed, and vacant industrial land previously used as a landfill operation.

In practice and courts – New South Wales

Australian Government's Water for the Future: third round
The third round of funding for stormwater harvesting and reuse projects forms part of the Australian Government's National Urban Water and Desalination Plan, which is a key component of the Australian Government's Water for the Future initiative and supports urban areas to secure water supplies and reduce reliance on traditional water sources. Details of the successful projects are attached (08 August 2012) More...

Proposed Basin Plan: Consultation
The Authority has prepared an altered Proposed Basin Plan for presentation back to the Murray-Darling Basin Ministerial Council. Basin Ministers have three weeks from 6th August 2012 to present any further comments to the Commonwealth Minister for Sustainability, Environment, Water, Population and Communities for consideration (06 August 2012) More...

Department of Resources, Energy and Tourism (DRET): nuclear dump designs tender
The tender calling for concept designs for Australia's first radioactive nuclear waste dump. The concept design will be appropriate for a site in arid to semi-arid areas of Australia, and accommodate waste for at least 100 years, and equipment at the site may be required to repackage the radioactive waste. Submissions for the tender close in September. The design brief for the radioactive dump follows the creation of the National Radioactive Waste Management Act 2012 that came into effect on 4th April

Recording Emissions Reduction Schemes in ABS Statistics
The ABS has released an information paper Recording Emissions Reduction Schemes in ABS Statistics (cat. no. 5257.0.55.001). The ABS expects to include estimates of the Clean Energy Acts emissions reduction schemes in economic and environment statistics, commencing with the September reference quarter 2012 (30 July 2012) More...

National Submissions open for comment
Draft South-east Commonwealth Marine Reserves Network management plan - public consultation
Submissions close 27 August 2012
Hosted by the Department of Sustainability, Environment, Water, Population and Communities

Strategic framework review of the regulation of land transport of dangerous goods: options paper
Submissions close 31 August 2012
Hosted by the National Transport Commission

Commonwealth marine reserves - public consultation
Submissions close 10 September 2012
Hosted by the Department of Sustainability, Environment, Water, Population and Communities

Department of Sustainability, Environment, Water Population and Communities:

Funding Applications
Irrigation Modernisation Planning Assistance - 29 October 2012, unless all available funds are committed earlier

Department of Sustainability, Environment, Water, Population and Communities

EPBC Act Public notices - Public Notifications and Referrals – Planning
2012/6492 Sibelco Australia Limited/Mining/Oyster Cove/NSW/Extension of Tanilba Northern Dune Sand Mine, Oyster Cove, NSW Invitation for Public Comment on Referral 02 Aug 2012

Current Draft Policies and Plans, Announcements

Inquiries receiving submissions
Inquiry into Adequacy of water storages in NSW, closes 31 August.
Inquiry into Management of public land in New South Wales, closes 31 August.

Government responses due
Kooragang Island Orica chemical leak (response due) (Thu 23).

Gazette GN 30 - Environment Protection and Biodiversity Conservation Act 1999
Actions requiring approval include: Newmont Boddington Gold Pty
Ltd/Mining/Boddington/WA/Newmont Boddington Gold Mine Extension Project;
Department of Finance and Services (NSW Public Works
Division)/Mining/Woodsreef/NSW/Woodsreef Mine Major Rehabilitation Project;
Venture Minerals /Mining/West Tullah/TAS/DSO Hematite Mine (01 August 2012)

Public invited to have a say on gas pipeline proposal in southern NSW
The community is being invited to comment on a proposed 70km natural gas pipeline from Bethungra to Young, in southern NSW. The NSW Department of Planning and Infrastructure is publicly exhibiting the environmental assessment for the proposal from 6 August to 7 September 2012 (06 August 2012)
Public invited to have a say on gas pipeline proposal in southern NSW

Have your say on proposed landfill expansion in the Illawarra
The public is being invited to comment on a proposed expansion of the Whytes Gully landfill, south of Wollongong, which is being exhibited by the NSW Department of Planning and Infrastructure from 6 August to 7 September 2012. Wollongong City Council is proposing to expand its operations by constructing a new landfill cell adjacent to the existing landfill area and then filling over the existing landfill cells (06 August 2012)
Have your say on proposed landfill expansion in the Illawarra

Feedback sought on hotel proposal at Randwick Racecourse
The public is being invited to comment on a proposal for a hotel at Randwick Racecourse and an associated amendment to the Randwick Local Environmental Plan (LEP), which are being publicly exhibited by the NSW Department of Planning and Infrastructure. The planning proposal and development application will be on public exhibition for one month from 1 August to 31 August 2012 (01 August 2012) Feedback sought on hotel proposal at Randwick Racecourse

Feedback sought on development plans for Eastlakes Shopping Centre
The public is being invited to comment on a proposal for a mixed-use development at Eastlakes in Sydney's eastern suburbs, which is being publicly exhibited by the NSW Department of Planning and Infrastructure. The proponent, Crown Prosha Joint Venture, is seeking concept plan approval to allow residential, commercial and retail development at the Eastlakes Shopping Centre at Evans Ave and Barber Street in Eastlakes (01 August 2012)
Feedback sought on development plans for Eastlakes Shopping Centre

Online lodgement system for planning applications expanded
The Department of Planning and Infrastructure has expanded the availability of online lodgement of state significant development and infrastructure applications to include modifications to existing projects. Since November 2011, developers have been able to lodge development applications online as part of the Government's new state significant development system. Modifications to existing approvals can now also be lodged in this way (01 August 2012)
Online lodgement system for planning applications expanded

Green Paper: community and practitioner consultation schedule extended
On 14 July 2012, the NSW Government released A New Planning System for New South Wales – Green Paper. The closing date for submissions is Friday 14 September 2012. For councils, the closing date has been extended to Friday 5 October 2012
Green Paper: community and practitioner consultation schedule

In practice and courts – Queensland

Australian Government's Water for the Future: third round
The third round of funding for stormwater harvesting and reuse projects forms part of the Australian Government's National Urban Water and Desalination Plan, which is a key component of the Australian Government's Water for the Future initiative and supports urban areas to secure water supplies and reduce reliance on traditional water sources. Details of the successful projects are attached (08 August 2012) More...

Proposed Basin Plan: Consultation
The Authority has prepared an altered Proposed Basin Plan for presentation back to the Murray-Darling Basin Ministerial Council. Basin Ministers have three weeks from 6th August 2012 to present any further comments to the Commonwealth Minister for Sustainability, Environment, Water, Population and Communities for consideration (06 August 2012) More...

Department of Resources, Energy and Tourism (DRET): nuclear dump designs tender
The tender calling for concept designs for Australia's first radioactive nuclear waste dump. The concept design will be appropriate for a site in arid to semi-arid areas of Australia, and accommodate waste for at least 100 years, and equipment at the site may be required to repackage the radioactive waste. Submissions for the tender close in September. The design brief for the radioactive dump follows the creation of the National Radioactive Waste Management Act 2012 that came into effect on 4th April

Recording Emissions Reduction Schemes in ABS Statistics
The ABS has released an information paper Recording Emissions Reduction Schemes in ABS Statistics (cat. no. 5257.0.55.001). The ABS expects to include estimates of the Clean Energy Acts emissions reduction schemes in economic and environment statistics, commencing with the September reference quarter 2012 (30 July 2012) More...

National Submissions open for comment
Draft South-east Commonwealth Marine Reserves Network management plan - public consultation Submissions close 27 August 2012
Hosted by the Department of Sustainability, Environment, Water, Population and Communities

Strategic framework review of the regulation of land transport of dangerous goods: options paper Submissions close 31 August 2012
Hosted by the National Transport Commission

Commonwealth marine reserves - public consultation
Submissions close 10 September 2012
Hosted by the Department of Sustainability, Environment, Water, Population and Communities

Department of Sustainability, Environment, Water Population and Communities:

Funding Applications
Irrigation Modernisation Planning Assistance - 29 October 2012, unless all available funds are committed earlier

Department of Sustainability, Environment, Water, Population and Communities

EPBC Act Public notices - Public Notifications and Referrals – Planning
2012/6497 Townsville City Council/Waste management (non-sewerage)/Cockle Bay, Magnetic Island/QLD/Magnetic Island Waste Transfer Station Invitation for Public Comment on Referral 06 Aug 2012
2012/6488 Coles Group Property Developments Pty Ltd/Commercial development/Sippy Downs/QLD/Coles property Development Sippy Downs Town Centre Invitation for Public Comment on Referral 31 Jul 2012
2012/6489 East West Line Parks Limited/Transport - land/Abbot Point to Alpha/QLD/Galilee Infrastructure Corridor Project Invitation for Public Comment on Referral 31 Jul 2012
2012/6490 Invitation for Public Comment on Referral 31 Jul 2012
2012/6487 Invitation for Public Comment on Referral 30 Jul 2012

Current Draft Policies and Plans, Announcements

Sustainable Planning Regulation red tape cuts for development applicants
Referral triggers to be removed include:

  • Advice referrals for conservation estate areas, cultural heritage premises, and wetlands -
  • Advice referral for premises affected by acid sulfate soils
  • Concurrence referral for particular applications for preliminary approval - referrals for purposes of community uses, places of worship, and education-care service premises-child care centres (09 August 2012) More...

NQ Management projects released
The total cost of the selected projects is $330,612, with funding allocated in the Wet Tropics (two projects - $70,000), the Burdekin Dry Tropics (two projects - $160,612) and Mackay–Whitsundays (one project - $100,000). The projects are to be completed by February 2014. More information on the cane adaptive management programs can be found at www.reefwisefarming.qld.gov.au. (06 August 2012)

Consultation paper: Electrical infrastructure in high rise buildings
The Government is seeking feedback to improve the resilience of electrical infrastructure in buildings located in flood-prone areas, with submissions closing on 31 August 2012 . The discussion paper also seeks feedback on a second Queensland Floods Commission of Inquiry recommendation to consider introducing a mandatory requirement to seal electricity supply conduits below the defined flood level to prevent floodwaters from flowing through them and flooding basements (01 August 2012) Consultation paper - More resilient electrical infrastructure in high rise buildings

Mines Legislation (Streamlining) Amendment Bill 2012
The Government has introduced into Parliament proposed legislation to modernise the tenure administration system and reduce the time taken for each tenure decision under the Streamlining Approvals Project, clarify legislation so that resource activities and development activities can coexist;; and support the delivery of coal seam gas to liquefied natural gas, or CSG-to-LNG, projects in Queensland (02 August 2012) More...

DERM Titles Registry Update
This Alert notifies practitioners and financiers of matters relating to Land registry forms signed and witnessed overseas being experienced by Department of Foreign Affairs and Trade officers in foreign posts when performing notarial functions (02 August 2012) More...

QCA: Asset Base Roll Forward
QR Network's regulated asset base includes all rail infrastructure required for the operation of coal train services on the regulated network in Queensland. On 27 July 2012, the Authority approved QR Network's roll-forward of its CQCR regulated asset base which included $282.2 million of 2009-10 capital expenditure approved by the Authority in February 2012 (31 July 2012) More...

Queensland Development Code: proposed changes
Building Codes Queensland is seeking public comment on a proposal to amend the Queensland Development Code (QDC) for construction of buildings in flood hazard areas. The draft Code has been revised to reflect the recommendations of the Commission of Inquiry, with an explanatory document prepared to highlight the differences between the two drafts. Submissions on the proposal close on 7th September 2012 (02 August 2012) More...

QCA: Proposed Standard Access Agreements
On 27 July 2012, the Authority made a draft decision not to approve QR Network's proposed SAAs. In doing so, the Authority has recommended amendments to the proposed SAAs. The Authority invites stakeholders to comment on its draft decision. Submissions are due by 25 September 2012 The Authority will consider any submission it receives within that time (31 July 2012) More...

Cases – Victoria

Mischel v Mischel Holdings Pty Ltd (in liq) [2012] VSC 292 CO-OWNERSHIP – Joint tenancy at law – whether tenancy in common in equity – whether consideration given for acquisition of share – severance of joint tenancy by agreement and by conduct – effect of death of joint tenant after exchange of contracts but before completion of sale of the subject land – Delehunt v Carmody [1986] HCA 67; (1986) 161 CLR 464 – Corin v Patton [1990] HCA 12; (1989) 169 CLR 540 – Conlan v Registrar of Titles [2001] WASC 188; (2001) 24 WAR 229 – Lyons v Lyons [1967] VR 160 – Public Trustee v Pheiffle [1991] 1 VR 19 (Pfeiffle v Pheiffle (1989) 13 Fam LR 692 (VSCFC)) – Burgess v Rawnsley [1979] Ch 429 – Transfer of Land Act 1958 (Vic) s 42 – Evidence Act 2008 (Vic) sub-s 67(1)
EQUITY – Maxims – Equity will not assist a volunteer – Corin v Patton [1990] HCA 12; (1989) 169 CLR 540 – Blackett v Darcy [2005] NSWSC 65; (2005) 62 NSWLR 392 More...

Sanv Enterprises Pty Ltd & Anor v Filippou Management Pty Ltd & Ors [2012] VCC 1016
Sale of property – property sold subject to agreement to lease – non-fulfilment of special condition – classification of special condition – whether basic or contingent condition – entitlement to terminate – entitlement to recover deposit – whether waiver of contractual obligation – whether unconscionable to terminate in circumstances – amendment of pleadings – agent's duty regarding release of deposits – vendor'
LEGISLATION CITED – Transfer of Land Act 1958 – Liquor Control Reform Act 1999 – Penalty Interest Rates Act 1983 – Supreme Court Act 1986 – Sale of Land Act 1962 – Estate Agents Act 1980 – Wrongs Act 1958 – Fair Trading Act 1999 More...

Specialist Diagnostic Services Pty Ltd (formerly Symbion Pathology Pty Ltd) v Healthscope Pty Ltd & Ors [2012] VSCA 175
RESTRAINT OF TRADE – Leases of premises in hospitals to pathology laboratories – Landlord forbidden to carry on a business similar to that of the tenant – Similar businesses were those which served the doctors at the hospitals – Restraint of trade doctrine applicable to lease of premises in hospitals to pathology laboratories – Reasonableness of restraint – Restraint protected a legitimate interest of the covenantee – Good faith – Ad hoc implication of term as to alteration of the physical form of the hospital – Non derogation from grant of premises leased for use as a pathology service provider – Landlord altering the form of the premises a substantial interference with the tenant's enjoyment of the lease – Restraint of trade clause to be read down pursuant to Restraint of Trade Act 1976 (NSW) – Restraint of trade clause in lease ran with the land – Constructive trust of contractual obligation. More...

Sisters Wind Farm Pty Ltd v Moyne Shire Council & Ors [2012] VSC 324
PLANNING AND ENVIRONMENT – Appeal from the Victorian Civil and Administrative Tribunal – Declaration by Tribunal that on remittal the Tribunal would apply the law at the time it makes its final decision – Order of remitter had been made by consent limiting the issues the Tribunal could consider - Changes made to the planning scheme before the Tribunal could hear and determine the proceeding again in accordance with the order of remitter – Nature of the Tribunal's jurisdiction to review a decision to refuse a permit where the proceeding has been remitted on limited terms – Whether the permit applicant had an accrued right to have the application determined on the basis of the law at the time the application for review was lodged – Esber v Commonwealth [1992] HCA 20; (1992) 174 CLR 430 – Unger v City of Malvern [1979] VR 259 –Interpretation of Legislation Act 1984 (Vic) s 28(2) – Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 40, 42, 51, 148(7) – Planning and Environment Act 1987 (Vic) ss 5, 60, 84B – Appeal dismissed. More...

Cases – New South Wales

Owners Strata Plan 4003 v Mustafa (No 2) [2012] NSWSC 848
COSTS - Orders
Strata Scheme Management Act 1995 - s 229 More...

Stephen Wayne Velik v Noreen Steingold [2012] NSWSC 860
VENDOR AND PURCHASER - Contract for Sale of Land - conditional on subdivision - vendor serves notice said to be notice of registration of subdivision - contract requires completion required 14 days offer notice - completion does not take place - vendor issues Notice to Complete - settlement does not take place within time allowed by Notice to Complete - vendor terminates contract - whether notice of registration of subdivision complies with contract - whether Notice to Complete allows sufficient time for completion - whether vendor disabled from giving Notice to Complete by reason of vendor's breach of contract - whether contract otherwise terminable for breach by the purchasers, even if Notice to Complete invalid -whether deposit should be returned. More...

Guilfoyle Developments Pty Ltd v Geoffrey Craig Frumar [2012] NSWSC 859
CONTRACT - specific performance - vendor and purchaser - contract for sale and purchase of "off the plan" unit - negotiations for variations for inclusion in replacement contract - whether concluded contract - whether vendor estopped from denying performance of variations - whether conduct of vendor misleading and deceptive, and unconscionable - whether vendor entitled to order for specific performance
Australian Consumer Law, Sch 2 to the Competition and Consumer Act 2010 (Cth) More...

Staldone Corporation Pty Ltd v Ku-ring-gai Council [2012] NSWLEC 1055
The appeal is upheld.
DEVELOPMENT APPLICATION; subdivision and construction of three residential flat buildings - whether subdivision boundary appropriate - whether subdivision sterilises or lessens the development potential of neighbouring properties - breach of the height/storey development standard and the whether objection under SEPP 1 is well founded - whether building design acceptable - whether excessive car parking provided - location of manageable housing - overlooking/loss of privacy impacts on adjoining properties More...

Pyntoe Pty Ltd & Anor v Valuer General of NSW [2012] NSWLEC 1201
The appeal is upheld.
The land value for the property at 506 Bunnerong Road, Matraville, NSW, as at the Base Date of 1 July 2010 is $748,250.
STATUTORY VALUATION - land value at base date - development potential More...

Eurobodalla Shire Council v Gerondal (No 5) [2012] NSWLEC 180
JUDGMENTS AND ORDERS - Class 4 civil enforcement proceedings concerning waste on respondent's land - respondent's notices of motion after final judgment largely seeking to negate or undermine final orders in these proceedings and in related earlier Class 1 proceedings between the parties being the respondent's appeal against a council prevention notice. More...

Cessnock City Council v Rush [2012] NSWLEC 178
COSTS - exercise of discretion to award costs in Class 4 proceedings where consent orders filed - no relevant event to inform award of costs as no hearing on merits - conduct of parties during the proceedings - partial award of costs made More...

Kenoss Pty Ltd v Palerang Council [2012] NSWLEC 179
On the proper construction of cl 21(b) of the Yarrowlumla Local Environmental Plan 2002, in considering the condition precedent therein to the grant of consent for subdivision of land in Zone No 2(v) where the subdivision takes in floodplain land
PRACTICE AND PROCEDURE - whether separate and preliminary question should be ordered. More...

Council of the City of Sydney v Lamb (No 2) [2012] NSWLEC 177
CIVIL ENFORCEMENT - carrying out work for which development consent is required without development consent.
Environmental Planning and Assessment Act 1979 ss 76A, 121B
Sydney Local Environmental Plan 2005 Schedule 9 More...

Parramatta Business Freedom Association Inc v Parramatta City Council (No 2) [2012] NSWLEC 176
The respondent is to pay 75 per cent of the applicants' costs in both proceedings.
COSTS - Class 4 proceedings - applicants successful - whether there should be departure from usual rule that costs follow the event by way of apportionment of costs. More...

New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2012] NSWLEC 174
ABORIGINAL - land claim - whether Crown land claimable - whether claimed land lawfully used or occupied as a common at date of claim - whether valid inference of use or occupation arises from business records of common trust produced under subpoena - whether use or occupation nominal or notional at date of claim - discharge of onus of proof by Minister More...

Waverley Council v Bobolas [2012] NSWLEC 167
COSTS - Class 4 civil enforcement proceedings - whether respondents should pay successful applicant council's costs of the proceedings - whether costs hearing should be adjourned. More...

Tweed Business and Residents Focus Group Inc v Northern Region Joint Regional Planning Panel [2012] NSWLEC 166
JUDICIAL REVIEW - challenge to validity of development consent on ground that, in breach of s 79A(2) Environmental Planning and Assessment Act 1979, two requirements of development control plan as to contents of notification letters to adjoining and affected owners not complied with - legal principles international and domestic concerning public participation and notification - whether compliance with notification requirements - jurisdictional fact or conditions precedent to exercise of power to determine development application - if development consent otherwise invalid whether order should instead be made under s 25B Land and Environment Court Act 1979.
Environmental Planning and Assessment Act 1979 ss 5, 23G, 79, 79A, 123 More...

Pacific Resources International Pty Ltd v UTI (Australia) Pty Ltd [2012] NSWSC 893
EVIDENCE - expert reports - whether defendant should be permitted to rely on further evidence - whether it would cause irretrievable prejudice to plaintiffs More...

Curtis v Harden Shire Council [2012] NSWSC 757
NEGLIGENCE - road resurfacing works - driver fatality - whether Council failed to provide adequate signage - duty to exercise reasonable care - breach of duty of care - Traffic Control Plan - statutory defence under s 43A Civil Liability Act - special statutory power of a public authority - Wednesbury unreasonableness - traffic control facility - "but for" test - causation More...

Italian Forum Limited v Owners - Strata Plan 60919 [2012] NSWSC 895
PRACTICE AND PROCEDURE - judgments and orders - power to set aside or vary orders entered -- whether power should be exercised when application is not filed within 14 days of order being entered - Uniform Civil Procedure Rules 2005 (NSW), r 36.16 (3A) - whether Court can dispense with the rule in this case - Civil Procedure Act 2005 (NSW), s 14 - consideration of public policy in all persons being entitled to rely upon orders of court - application to set aside previous orders so much as they affect the plaintiff - whether orders were made irregularly - asserted irregularity as to validity of consent orders - application not properly brought by notice of motion - Uniform Civil Procedure Rules (NSW), r 36.15(1) not engaged STRATA TITLES - strata management statements - purpose of strata management statement as providing for efficient administration and operation - strata management statement has no effect to the extent it is inconsistent with any other law, including a by-law - whether amendments to strata management statement are invalid because inconsistent with statutory provisions - consideration of Strata Schemes Management Act 1996 (NSW), ss 43 and 47 and Strata Schemes (Freehold Development) Act 1973 (NSW), ss 28U and 28W More...

Hornsby Shire Council v The Valuer General of New South Wales [2012] NSWSC 894
PRACTICE AND PROCEDURE - Notice of motion seeking firstly leave to have the administrative law proceedings heard and determined first, and before the claim for damages; and secondly leave to withdraw various admissions made in the defence and subsequent defence - whether more efficient and in the interests of justice to hear the administrative law proceedings first - not satisfied - whether in the interests of justice to withdraw pleadings - proceedings not reached that stage that it would be unjust to permit a withdrawal, no irremediable prejudice - leave granted - leave to withdraw admission in paragraph 13 of subsequent defence - motion otherwise dismissed More...

Ocean Star Resort Pty Ltd v David Hokyoon Kwon & Anor (No. 2) [2012] NSWSC 897
PROCEDURE - judgments and orders - currency of judgment - interest up to judgment finding in principal judgment Ocean Star Resort Pty Ltd v David Hokyoon Kwon & Anor [2012] NSWSC 318 that June 2004 contract abandoned - restitution of monies paid under abandoned contract - whether monies recovered should be paid in Korean Won or Australian Dollars - whether interest should be paid up to judgment - what interest rate is applicable. More...

McGinn v Ashfield Council [2012] NSWCA 238
ENVIRONMENT AND PLANNING - building control - dual occupancy - where council required to consider development control plan when determining development application - where development control plan permitted dual occupancy as attached buildings - whether grant of development consent for detached building at rear of property valid - whether consent achieved objectives of development control plan WORDS AND PHRASES - "street frontage" - "frontage" – dismissed More...

Council of the City of Sydney v Li (No.2) [2012] NSWLEC 184
CIVIL ENFORCEMENT: Owner failed to comply with an order of Council - works use not approved by Council - respondent failed to appear
These proceedings concern the unauthorised use and alteration of residential premises More...

Martin v The State of New South Wales [2012] NSWLEC 182
JUDICIAL REVIEW - exploration licences under Mining Act 1992 - legitimate expectation - means "reasonable expectation" - whether applicant afforded a reasonable opportunity to present his case - whether Minister's delegate validly appointed.
Interpretation Act 1987, s 48(2); Land and Environment Court Act 1979, s 21C; Mining Act 1992, s 114(1)(5)(6), 293, 363 - More...

Bondi City Supermarkets Pty Limited v Waverley Council [2012] NSWLEC 1211
DEVELOPMENT APPLICATION - amenity impacts of refrigeration/condensers, noise vibration, heat. Building Certificate – appeal allowed
Environmental Planning and Assessment Act 1979; Waverley Local Environmental Plan 1996; Waverley Development Control Plan 2010 More...

Cases – Queensland

Mahoney & Ors v Chief Executive, Department of Transport and Main Roads [2012] QLC 0037
Acquisition of Land Act 1967, s.20(2) - Determination of compensation -- Practice and procedure -- General Application -- orders for disclosure and inspection - Applicants files and documents generated between January 1996 and April 1997 which relate in any way to a proposed transport corridor intended to link Springfield with Ipswich More...

Nickmere Pty Ltd v Dianne Mining Corporation Pty Ltd [2012] QLC 0036
Costs – Land Court – Costs of application – Discretion in Court to award costs – Whether costs follow the event – Relevant circumstances More...

Whynot Assets Pty Ltd v Trinity Green Developments Pty Ltd [2012] QSC 205
CORPORATIONS – MEMBERSHIP, RIGHTS AND REMEDIES – MEMBERS' REMEDIES AND INTERNAL DISPUTES – PROCEEDINGS ON BEHALF OF COMPANY BY MEMBER – STATUTORY DERIVATIVE ACTION – where the second respondent applies for leave to add both plaintiffs and defendants to its counterclaim – where the application requires the bringing of a derivative action on behalf of one of the proposed plaintiffs - where the same counsel seeks to represent what would effectively be both the plaintiff and the defendant within the same proceedings – where there are already substantial matters raised upon the pleadings to be determined by the trial judge - whether the derivative proceedings should be permitted to be brought within the present proceedings – whether the second respondent should be allowed to add parties to its counterclaim More...

Ryan v Commissioner of State Revenue, Office of State Revenue [2012] QCAT 314
Application to review reassessment of transfer duty – imposition of penalty tax and imposition of unpaid tax interest – purchaser claimed concessional transfer duty – purchaser rented property before occupation – purchaser occupied property within 6 months More...

Legislation – Commonwealth

Airports Amendment Regulation 2012 (No. 2)SLI 2012 No. 185
This regulation amends the Airports Regulations 1997 to make general amendments as required to correct any minor drafting or technical errors and consequential updates, make them consistent with the Airports Act 1996 as amended in 2010, plus other minor updates and corrections. Administered by: Infrastructure and Transport (09 August 2012) More...

Airports Amendment Regulation 2012 (No. 1) SLI 2012 No. 184
This regulation amends the Airports Regulations 1997 to exclude Adelaide Airport from mandatory price and quality of service monitoring. Administered by: Infrastructure and Transport (09 August 2012) More...

Airports (Control of On-Airport Activities) Amendment Regulation 2012 (No. 1) SLI 186/2012
Commencement 9/08/2012 This regulation amends the Airports (Control of On-Airport Activities) Regulations 1997 to update references made to Australian Road Rules, and state and territory legislation dealing with shop trading, and liquor control. It also updates the drafting of incorporated or replaced provisions in state and territory liquor control legislation, to improve readability (08 August 2012) More...

Airports (Environment Protection) Amendment Regulation 2012 (No. 1) SLI 187/2012
Commencement 9/08/2012 This regulation commences on the day after it is registered.
This regulation amends the Airports (Environment Protection) Regulations 1997 to include minor technical amendments to ease readability, and updating of references to other legislation (08 August 2012) More...

Airports Legislation Amendment Regulation 2012 (No. 1) SLI 188/2012
Commencement 9/08/2012 This regulation commences on the day after it is registered.
This regulation amends the Airports Regulations 1997, Airports (Building Control) Regulations 1996, and the Airports (Environment Protection) Regulations 1997 to make technical changes enforced by amendments to the Acts Interpretation Act 1901 (08 August 2012) More...

Renewable Energy (Electricity) Amendment Regulation 2012 (No. 6) SLI 182/2012
Commencement 8/08/2012 This regulation commences on the day after it is registered. This regulation amends the Renewable Energy (Electricity) Regulations 2001 to prescribe two additional emissions-intensive and trade-exposed activities eligible under the Renewable Energy (Electricity) Act 2000 (07 August 2012) More...

Clean Energy Amendment Regulation 2012 (No. 5) SLI 181/ 2012 No. 181
This regulation amends the Clean Energy Regulations 2011 to change the definition of 'withdrawal' of natural gas and includes two additional activities for the Jobs and Competitiveness Program (06 August 2012) More...

Agricultural and Veterinary Chemicals (Administration) Amendment Regulation 2012 (No. 1) SLI 2012 No. 180

This regulation amends the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 to update the framework for controls on the exportation of chemicals, relating to the specified active constituents alachlor, aldicarb and endosulfan, or chemical products containing these active constituents, to enable Australia to meet its obligations as a party to the Rotterdam Convention (03 August 2012) More...

Excise Amendment Regulation 2012 (No. 2)
This regulation amends the Excise Regulations 1925 to provide manufacturers and suppliers of liquefied petroleum gas (LPG) and liquefied natural gas (LNG) for non-transport use with extended reporting and payment arrangements for their excise obligations (03 August 2012) More...

Acts

Clean Energy Legislation Amendment Act No 84 of 2012
Assent 28/06/2012 Gazette No GN 27, 11 July 2012, p 1652
Commencement 3/08/2012 Schedule 5 - At the same time as section 3 of the Clean Energy Finance Corporation Act 2012 commences

Clean Energy Finance Corporation Proclamation 2012
Proclamation provides for the commencement of sections 3 to 82 of the Clean Energy Finance Corporation Act 2012 (02 August 2012) More...

Competition and Consumer Act 2010 - Monitoring of the Prices, Costs and Profits Relating to the Supply of Unleaded Petroleum Products in the Petroleum Industry in Australia
This direction gives effect to the Australian Competition and Consumer Commission to monitor the prices, costs and profits relating to the supply of unleaded petroleum products in the petroleum industry in Australia for one year, effective from 17 December 2012 (01 August 2012) More...

Bills

Illegal logging prohibition Bill 2011
Senate 28/6/2012 Standing Committee report tabled, report to be published - Published 01 August 2012 More...

Legislation – New South Wales

Proclamations commencing Acts
Water Management Amendment Act 2008 No 73 (2012-350) — published LW 3 August 2012
Local Government Amendment Act 2012 No 15 (2012-361) — published LW 10 August 2012

Regulations and other statutory instruments
Water Management (Application of Act to Gwydir Unregulated and Alluvial Water Sources) Proclamation 2012 (2012-352) — published LW 3 August 2012
Water Management (General) Amendment (Miscellaneous) Regulation 2012 (2012-353) — published LW 3 August 2012
Water Sharing Plan for the Gwydir Unregulated and Alluvial Water Sources 2012 (2012-355) — published LW 3 August 2012
Local Government (General) Amendment (Special Disclosures of Pecuniary Interest) Regulation 2012 (2012-364) — published LW 10 August 2012
Uniform Civil Procedure Rules (Amendment No 53) 2012 (2012-365) — published LW 10 August 2012
Uniform Civil Procedure Rules (Amendment No 54) 2012 (2012-366) — published LW 10 August 2012

Environmental Planning Instruments
Auburn Local Environmental Plan 2010 (Amendment No 3) (2012-357) — published LW 3 August 2012
Cobar Local Environmental Plan 2012 (2012-358) — published LW 3 August 2012
Gosford Local Environmental Plan No 469 (2012-359) — published LW 3 August 2012
Parramatta Local Environmental Plan 2011 (Amendment No 1) (2012-360) — published LW 3 August 2012
Ballina Local Environmental Plan 1987 (Amendment No 103) (2012-367) — published LW 10 August 2012
Merriwa Local Environmental Plan 1992 (Amendment No 1) (2012-368) — published LW 10 August 2012
Mid-Western Regional Local Environmental Plan 2012 (2012-374) — published LW 10 August 2012
Mid-Western Regional Local Environmental Plan 2012 (Amendment No 1) (2012-375) — published LW 10 August 2012
Nambucca Local Environmental Plan 2010 (Amendment No 5) (2012-369) — published LW 10 August 2012
Nambucca Local Environmental Plan 2010 (Amendment No 7) (2012-370) — published LW 10 August 2012
Penrith Local Environmental Plan 2010 (Amendment No 1) (2012-376) — published LW 10 August 2012
Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 11) (2012-371) — published LW 10 August 2012
Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 18) (2012-372) — published LW 10 August 2012
Tweed Local Environmental Plan 2000 (Amendment No 90) (2012-373) — published LW 10 August 2012
For the full text of Bills, and details on the passage of Bills, see Bills.

Legislation – Queensland

Regulations
No 118: Sustainable Planning Amendment Regulation (No. 5) 2012 —03-08-12
This Regulation provides that reconfiguring a lot will not be 'assessable development' if done for the grant of a private residential lease under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 over land that was subject to a social housing lease.
No 119: Building Amendment Regulation (No. 2) 2012 —03-08-12
This Regulation introduces simplified requirements for air-conditioners in line with national standards, and adopts the national building requirements endorsed by the Council of Australian Governments.
No 120: Water and Other Legislation Amendment Regulation (No. 1) 2012 —03-08-12
These Regulations prescribe a single assessment manager for water-related development applications across multiple jurisdictions, and allow vegetation destruction, excavation or filling around a watercourse, lake or spring, properly authorised, for the purposes of greenhouse gas storage, geothermal and petroleum activities
No 124: National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 2) 2012 —03-08-12 - schedule of fees under legislation listed under the Forestry Act 1959; Marine Parks Act 2004; Nature Conservation Act 1992; Recreation Areas Management Act 2006
No 128: Vegetation Management Regulation 2012 – 10-08-12- Vegetation Management Act 1999 - Approvals of particular policies, codes and maps in matters relating to regional ecosystems
No 129: South East Queensland Water (Restructuring) Amendment Regulation (No. 1) 2012 – 10-08-12- South East Queensland Water (Restructuring) Act 2007 – prescribed relevant water entities

Bills

Penalties and Sentences and Other Legislation Amendment Bill 2012
A Bill for An Act to amend the Childrens Court Act 1992, the Civil Proceedings Act 2011, the Commissions of Inquiry Act 1950, the Criminal Code, the Industrial Relations Act 1999, the Industrial Relations Regulation 2011, the Justices Act 1886, the Land Court Act 2000, the Penalties and Sentences Act 1992, the Penalties and Sentences Regulation 2005, the State Penalties Enforcement Act 1999 and the Statutory Instruments Act 1992 for particular purposes, and to make minor amendments of Acts as stated in the schedule for purposes related to those particular purposes
31/07/2012 LA: Second Reading adjourned 31/07/2012 LA: Second Reading

Environmental Protection (Greentape Reduction) and Other Legislation Amendment Bill 2012
A Bill for An Act to amend the Aboriginal Cultural Heritage Act 2003, the Coastal Protection and Management Act 1995, the Environmental Protection Act 1994, the Geothermal Energy Act 2010, the Greenhouse Gas Storage Act 2009, the Mineral Resources Act 1989, the North Stradbroke Island Protection and Sustainability Act 2011, the Petroleum Act 1923, the Petroleum and Gas (Production and Safety) Act 2004, the State Development and Public Works Organisation Act 1971, the Sustainable Planning Act 2009, the Torres Strait Islander Cultural Heritage Act 2003, the Transport Infrastructure Act 1994, the Waste Reduction and Recycling Act 2011, the Water Act 2000 and the Water Supply (Safety and Reliability) Act 2008 for particular purposes
31/07/2012 LA: PASSED with amendments 31/07/2012 LA: Second Reading

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