Australia: Property & Projects - What's News - 4 September 2012

Last Updated: 9 September 2012
Most Read Contributor in Australia, September 2016

In the media – National

Landholders to earn credits from regenerating native forest
Landholders could soon earn carbon credits by giving nature a helping hand to regenerate areas of native forest. Parliamentary Secretary for Climate Change and Energy Efficiency, Mark Dreyfus, said a new methodology under the Carbon Farming Initiative (CFI) would benefit landholders as well as the environment (17 August 2012) More...

Clean Building Managed Investment Trusts (MITs) 10 per cent concessional tax rate
The Treasurer has released for consultation an exposure draft of legislation and an explanatory memorandum for measures to support investment in the construction of new energy efficient buildings. Managed investment trusts that only hold newly constructed energy efficient commercial buildings will be eligible for a 10% withholding tax rate (16 August 2012) More...

In the media – Victoria

Milestone urban development boosts jobs and homes in central Footscray

Minister for Planning Matthew Guy has welcomed the start of construction of a $350 million redevelopment as a major step in Footscray's renewal as a key activities area for western Melbourne (23 August 2012) Milestone urban development boosts jobs and homes in central Footscray

Key Parliamentary Committee to question lessons learnt on significant projects
The Public Accounts and Estimates Committee of the Victorian Parliament will conduct its second stage of public hearings with the Secretaries of major constructing Departments, the Victorian Auditor-General, CEOs of facilities built under Public-Private Partnerships (PPPs) and private sector organisations who are PPP participants in major infrastructure development and delivery (20 August 2012) More...

Melbourne growth areas median land price falls
For the first time since June 2010, after rebates and incentives the net effective land price in Melbourne's growth areas is less than $200,000, according to Oliver Hume Research's Melbourne's growth area land market report (20 August 2012) More...

Sustainable Melbourne Fund invests in owners corporation building
In a first, Sustainable Melbourne Fund has invested in a retrofit of an owners corporation-owned commercial building. Owners corporations own 21.5 percent of commercial buildings in the City of Melbourne, and hold 22.5 percent of total net lettable area (20 August 2012) More...

Settling communal living disputes quicker and easier
The Victorian Coalition Government has released draft legislation to enable neighbourhood disputes in company title buildings to be determined at the Victorian Civil and Administrative Tribunal (VCAT) (14 August 2012) Settling communal living disputes quicker and easier

In the media – New South Wales

Commercial property market returns 'moderate': IPD
The Property Council/ IPD Australian Commercial Property Index to June 2012 shows a total return of 10.0 percent, comprised of a 7.5 percent income return and 2.4 percent capital growth (20 August 2012) More...

In the media – Queensland

Australian Solar Council to lead solar energy transformation
As more Australians turn to solar for their energy needs, the Australian Solar Energy Society (AuSES) has been renamed as the Australian Solar Council to take on the role of the national voice of solar. The new name reflects the transformational impact that solar energy is having on energy production in Australia, now and into the future (21 August 2012) More...

Commercial property market returns 'moderate': IPD
The Property Council/ IPD Australian Commercial Property Index to June 2012 shows a total return of 10.0 percent, comprised of a 7.5 percent income return and 2.4 percent capital growth (20 August 2012) More...

Clean Building Managed Investment Trusts (MITs) 10 per cent concessional tax rate
The Treasurer has released for consultation an exposure draft of legislation and an explanatory memorandum for measures to support investment in the construction of new energy efficient buildings. Managed investment trusts that only hold newly constructed energy efficient commercial buildings will be eligible for a 10% withholding tax rate (16 August 2012) More...

Queensland 30 year water plan in pipeline
State departments and agencies are working to prepare a 'whole-of-government' discussion paper on the challenges and opportunities facing Queensland's water and sewerage supply system, to be released in December 2012. The paper will consider water security and reliability, public health and safety, environmental outcomes, liveability industry, water for Queensland industries (including agriculture and mining), partnerships and engagement, and affordability (23 August 2012) More...

State land purchase to help protect SEQ koalas
The Environment Minister Andrew Powell said the Government wanted to purchase land identified as suitable for long-term protection of koala habitat and was inviting expressions of interest from property owners (14 August 2012) More...

Fraser Island's eco-tourism red tape targeted
National Parks Minister Steve Dickson has visited Fraser Island, to see firsthand some of the problems faced by local tourism operators and business owners, following the Government's highly successful DestinationQ tourism summit (14 August 2012) More...

Published – articles, papers, reports – National

Foreign investment in Australian agriculture

Clifford Chance LLP
In common with other countries, there has been considerable and recent public debate on the scale of foreign investment in Australian agribusinesses and agricultural land – despite a recent report indicating that there has been minimal change in foreign ownership levels of agricultural land in the country since 1984 (August 2012) Foreign investment in Australian agriculture

Published – articles, papers, reports – Queensland

The Asbestos Management Review Report June 2012
Recommendations for the development of a national strategic plan to improve asbestos awareness and management in Australia, was released by the Minister for Employment and Workplace Relations on 16 August 2012 More...

Cases – Victoria

ACCC Pty Ltd tas AWC Property v Yarra CC (includes Summary) (Red Dot) [2012] VCAT 1180
Proposed 14 storey building comprising 10-11 storeys above an existing heritage building opposite Richmond Station. POLICY – interpretation or application of policy - Analysis of the tension between urban consolidation and central city policy versus the application of a heritage overlay to a small former industrial precinct. APPLICATION – significant, interesting or unusual use or development; application of policy, provision or principle; or circumstances- Consideration of railway noise impact – Consideration of car parking provision and traffic in a compact precinct More...

Update Pty Ltd v Commissioner of State Revenue (Taxation) [2012] VCAT 1166
Taxation List – Growth Area Infrastructure Contribution liability – oral discussion preceding written contract – written contract made after relevant date – acceptance offer orally communicated to purchaser before relevant date – contract for the sale of land – whether contract can be oral or partly oral and partly written – written contract containing whole terms of the agreement between the parties – Planning and Environment Act 1987 Part 9B s 201RA, s 201RB(d)(iii) More...

Stringer & Ors v Gilandos Pty Ltd [2012] VSC 361
LANDLORD AND TENANT – Whether retail premises lease – Meaning of "retail premises" – Whether premises used as motel or serviced apartments – Whether premises used as "retailed premises" – Whether the tenant also an agent of the landlords – Whether the agency exception – Retail Tenancies Act 1986 ss 3(1) and 4, Retail Tenancies Reform Act 1998 ss 3(1) and 4, Retail Leases Act 2003 (Vic) ss 3 and 4 More...

Secretary to the Department of Business and Innovation v Murdesk Investments Pty Ltd [2012] VSC 319
LAND ACQUISITION – Compensation for compulsory acquisition of part of land – Before and after value – Market value – Highest and best use – Hypothetical zoning – Hypothetical availability of services – Ecological constraints – Comparable sales – Special value and disturbance – Expert evidence – Land Acquisition and Compensation Act 1986 (Vic) ss 40, 41, 43 More...

Windsor Hotel Holdings Pty Ltd v Minister for Planning (includes Summary) (Red Dot) [2012] VCAT 1203
Section 81(1) Planning and Environment Act 1987 - Extension for time for development to commence and be completed for Windsor Hotel redevelopment
LAW – Application of guidelines set out in Kantor v Shire of Murrindindi 18 AATR 285
ANALYSIS – exposition of how to asses an issue or matters to consider - Consideration of relevant circumstances in light of seven guidelines set out by the Supreme Court
APPLICATION – significant, interesting or unusual use or development; application of policy, provision or principle; or circumstances More...

Vanta Pty Ltd v Teasdale & Ors (Retail Tenancies) [2012] VCAT 1238
Retail Lease – periodic tenancy - original written lease lost - assignment by father to son – original lessee's covenant to restore premises following alterations – implied covenant to use in a tenant-like manner – no evidence of other covenant to repair – arrears of rent – termination of tenancy by agreement and landlord's acceptance – whether claim was outside the statutory limitation period – whether tenant entitled to compensation for concrete installed at premises – whether tenant established loss suffered by landlord's failure to provide a written lease
The Tribunal orders that the respondents pay to the applicant the sum of $14,280.19 More...

In practice and courts – Queensland

Public consultation: Exposure draft: managed investment trusts and clean buildings
The exposure draft legislation and explanatory material for 'Clean Building Managed Investment Trusts' has been released for public comment, closing on 13 September 2012. Concessions will be available in relation to office buildings that have obtained a 5-star Green Star rating or a predicted 5.5 star NABERS rating, and retail centres and non-residential accommodation that meet equivalent standards (16 August 2012) More...

Recommendations from Asbestos Management Review
The Minister for Employment and Workplace Relations released the Asbestos Management Review Report – June 2012. The report was provided to Minister Shorten by the Chairman of the Asbestos Management Review (the review), Mr Geoff Fary. The report contains recommendations for the development of a national strategic plan to improve asbestos awareness and management in Australia (16 August 2012)

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