Property & Projects - What's News - 18 September 2012 - Construction & Planning

In the media – National

Office investment high despite leasing market
Approximately $2.4 billion of investment in Australia's CBD office markets has been transacted so far this year, according to Colliers International's latest CBD Office Research & Forecast Report (03 September 2012) More...

Green Star ratings secure better returns
Green Star certified buildings in the Sydney and Melbourne CBDs have outperformed the broader office market by 2.8 per cent and 1 per cent respectively. The report finds that tenants are preferring buildings with Green Star and high NABERS energy ratings (31 August 2012) More...

ESD investment advantage in Sydney, less so in Perth: IPD
Green Star rated buildings outperformed the broader office market in the Sydney and Melbourne CBDs in the year to June 2012, driven by superior growth in asset values, according to the latest IPD Green Property Investment Index. Green Star returns were strongest in the Sydney CBD, with rated buildings (12.0 percent annualised total return) outperforming the broader market (9.2 percent) (03 September 2012) More...

In the media – Victoria

Less red tape, more local open space for communities
Minister for Planning Matthew Guy will introduce new legislation into State Parliament this week that will further cut planning system red tape and importantly, will increase local Councils' ability to provide greater amounts of public open space (29 August 2012) Less red tape, more local open space for communities

Labor's shortsighted plan to scrap Fishermans Bend urban renewal
Minister for Planning Matthew Guy has slammed a Labor Party motion moved in State Parliament this week to wind back the rezoning of the Fishermans Bend urban renewal area as short-sighted and stupid (29 August 2012) Labor's shortsighted plan to scrap Fishermans Bend urban renewal

Government invests $300,000 to help drive regional city growth
The Victorian Coalition Government is supporting the growth of Victoria's ten regional cities with $300,000 in funding for the Regional City Growth Strategy project, Premier Ted Baillieu announced today (29 August 2012) Government invests $300,000 to help drive regional city growth

In the media – Queensland

National approach to asbestos management
The Minister for Employment and Workplace Relations announces the Government's response to the comprehensive Asbestos Management Review (commissioned in October 2010), with the establishment of an Office of Asbestos Safety which will be tasked with developing a national strategic plan as recommended by the Review, by 1 July 2013 (04 September 2012) More...

Oil company admits failures over Montara spill disaster
Oil production company PTTEP Australasia has pleaded guilty to four charges relating to Australia's largest oil off the Western Australian coast for 11 weeks in 2009, following a blow-out on the Montara platform. he company pleaded guilty to breaching the Offshore Petroleum Act (31 August 2012) More...

International linking
Australia's emissions trading scheme will be linked to carbon markets around the world from the start of the flexible price period on 1 July 2015. International linking allows Australian businesses to access international emissions reduction opportunities that lower the costs of meeting Australia's emissions targets.A price ceiling will operate until 2018 as a safeguard to shield Australian businesses in the event that excessive prices occur during the first three years (28 August 2012) More...

Government to scrap carbon floor price
Minister Greg Combet has announced Labor will scrap the planned $15 floor price on carbon permits in a major overhaul of the carbon pricing scheme and plans to link Australia's scheme to Europe's emissions trading scheme from 2015, which is likely to have the effect of matching the two prices. Australian companies will only be able to meet 12.5 per cent of their liability under the Australian carbon scheme with the UN-backed permits (28 August 2012) More...

Cape York Committee has 13 months to plan Cape use
The Cape York Regional Planning Committee established to develop environmentally protected zones and identify areas of economic development for the region has until October 2013 to finanlise a plan. The work of the committee will run parallel to Queensland Environment Minister Andrew Powell's creation of Bioregion Management Plan to replace Wild Rivers declarations across Cape York (05 September 2012) More...

Gold Coast resort project approved by Government
Deputy Premier and Minister for State Development, Infrastructure and Planning has approved the proposed $1 billion Jewel resort development application in Surfers Paradise. The proposed development, situated on Old Burleigh Road, consists of three high-rise buildings including a resort hotel, apartments, office and some retail, is approved with 124 conditions (06 September 2012) More...

QCA to determine regulated electricity prices
The Government has released the terms of reference for the QCA)to determine regulated retail electricity prices for the next three years. Longer-term reform processes to address unsustainable electricity price increases will include establishing an Inter-departmental Committee on Electricity Sector Reform and an Independent Review Panel to examine the cost of poles and wires (transmission and distribution networks) due to report back to the Queensland Government in late January 2013 (06 September 2012) More...

Brisbane urban renewal project underway: Cornerstone
The $400 million redevelopment of Cornerstone Living precinct, with the first building, the Corner, comprises a sales and information centres, community meeting place and park area, and is expected to be complete late 2012. In total, the Cornerstone Living development will comprise 1000 apartments and townhouses rolled out over 10 years (04 September 2012) More...

Safety deregulation will put Queensland mineworkers at risk
Weakening Queensland's strict mine safety laws is a dangerous step for the Newman Government that could endanger the state's mineworkers, the CFMEU says. The Miners' Union has warned the Government to ignore the rent-seeking of multinational company executives rather than attack workers labouring in one of the country's most dangerous industries (03 September 2012) More...

Reform for Gold Coast Waterways
The final boundaries for the Gold Coast Waterway Authority have been outlined by the Government, while announcing a new $1.8 million dredging program for the mouth of the Coomera River to help the Gold Coast City Marina precinct growth. The newly created GCWA Board will comprise seven members including an independent chairperson, a Gold Coast City Council delegate and five others to be appointed by the Minister (29 August 2012) More...

Floodplain Security Scheme Funding
The Government commits to the Floodplain Security Scheme and will provide $10 million in the 2012-13 financial year, for works to help flood-proof parts of the State, with local government providing $5 million. The State Government will allocate $40 million over four years for flood mitigation works to reduce the risk for Queensland communities (29 August 2012) More...

Published – articles, papers, reports – National

Delivering diverse and affordable housing on infill development sites
Source: Steven Rowley; Australian Housing and Urban Research Institute. This Investigative Panel brought together key development stakeholders from Sydney and Perth to identify the main barriers to infill development and put forward solutions to overcome these barriers (29 August 2012) Australian Housing and Urban Research Institute (AHURI)

Published – articles, papers, reports – Victoria

Reformed zones for Victoria: A discussion paper on reforming Victoria's planning zones
Department of Planning and Community Development
Victoria's planning zones are being reformed to ensure that they are still relevant and adequately reflect the aspirations of all Victorians. The zone reforms seek to: simplify requirements, allow a broader range of activities to be considered and improve the range of zones to better manage growth (03 September 20121) Reformed zones for Victoria

In practice and courts – Victoria

Current Draft Policies and Plans, Announcements

In practice and courts – Queensland

PCA: Pricing carbon and the property sector
The Federal Government's carbon price mechanism comes into effect on 1 July 2012.
The Property Council has compiled a range of resources to assist members in the transition (03 September 2012) More...

Commercial Building Disclosure (CBD) fee increases 2012
These increases will become effective 17 September 2012, and are mandated under the legislation which established the CBD Program, the Building Energy Efficiency Disclosure Act (2010). These fees are intended to take account of inflation since the commencement of the Program Commercial Building Disclosure (CBD) fee increases (03 September 2012)

13th Annual Property Law Conference in Brisbane on 27-28 November
Carbon tax, carbon credit and property law, coal seam gas issues, duties on re-transfers and double duty issues, changes to commercial contracts, body corporate issues and other topical issues will be explored by a cast of key speakers More...

Queensland Rail Network Proposal
The due date for submissions on QR Network's proposal relating to a pass through of the costs associated with flooding in central Queensland in 2010-11 has been extended to 21 September 2012 (05 September 2012) More

Brisbane City Centre Master Plan (CCMP)
Brisbane City Council has begun their review of the City Centre Master Plan (CCMP). Along with the City Plan review, these projects will be the catalysts for a revamped and revitalised Brisbane CBD. To receive updates from Brisbane City Council on the CCMP project, register your details here or find out more about the project here. (August 2012)

EHP website : Prosecution bulletin no. 3/2012
A North-West Queensland mining company was fined $500,000 and ordered to pay approximately $83,000 in investigation costs for unlawfully causing serious environmental harm as a result of uncontrolled discharges of highly contaminated water from its mine site in early 2009 (August 2012) Prosecution bulletin no. 3/2012

Cases – Victoria

Pace Developments v Port Phillip CC (includes Summary) (Red Dot) [2012] VCAT 1277
Landmark building at St Kilda Junction. REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
APPLICATION – significant, interesting or unusual use or development; application of policy, provision or principle; or circumstances. Issues surrounding a landmark building of highly contemporary design at St Kilda Junction More...

Annacott Pty Ltd v Konann Pty Ltd [2012] VSC 389
REMEDIES – Declarations sought in relation to the beneficial ownership of the property – Principles relating to the granting of declaratory relief. PRACTICE AND PROCEDURE – Objection by the State Revenue Office on the basis that the declarations sought usurp the powers of the State Revenue Office – Discretion of the Court More...

S J Beaumont Investments Pty Ltd v Warrnambool City Council [2012] VSC 378
PLANNING AND ENVIRONMENT – Application for leave to appeal from the Victorian Civil and Administrative Tribunal – Planning permit to allow for the installation of 19 gaming machines in a tavern – Natural justice – Social and economic impact – Whether Tribunal failed to accord natural justice by indicating to counsel that it did not need to hear evidence from an expert – Expert's evidence went to subject matter that was central to the Tribunal's decision – Collection House Limited v Taylor [2004] VSC 49 – Vegco Pty Ltd v Gibbons [2008] VSC 363 – Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 148 More...

Re Willmott Forests Limited [2012] VSCA 202
CORPORATIONS – Liquidation – Liquidator of lessor disclaims lease agreement under s 568(1) of Corporations Act 2001 (Cth) – Whether disclaimer extinguishes leasehold interest – Whether leasehold interest survives termination of the lease agreement – Progressive Mailing House Proprietary Limited v Tabali Proprietary Limited [1985] HCA 14; (1985) 157 CLR 17 – Apriaden Pty Ltd v Seacrest Pty Ltd [2005] VSCA 139; (2005) 12 VR 319. CORPORATIONS – Liquidation – Consequence and extent of disclaimer on 'other person's rights' – Necessary to extinguish lessees' tenure to release the company and its property from liability – Whether implied covenant for quiet enjoyment constitutes a liability – Corporations Act 2001 (Cth) ss 477, 511, 568, 568D – Appeal allowed More...

Cases – Queensland

Thomsen v White [2012] QCAT 381
TREE DISPUTE – where pre-existing tree – where neighbour's house built close to rear alignment – where tree litter present – where bat droppings present – where surface roots present – where roots may interfere with drainage – where tree blocks access to sunlight – whether tree causing serious damage – whether causing substantial, ongoing and unreasonable interference – appropriate order – whether pre-existence of tree affects the tribunal's decision More...

Legislation – Victoria

Bills

Planning and Environment Amendment (VicSmart Planning Assessment) Bill 2012
A Bill for an Act to amend the Planning and Environment Act 1987 to introduce a new assessment process for specified permit applications and for other purposes. LC: First Reading 28/08/2012.

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Australia: Property & Projects - What's News - 18 September 2012