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

Last Updated: 23 September 2012
Article by Chris Lovell

Most Read Contributor in Australia, September 2016

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

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 – 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
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


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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.