Property & Projects - What's News - 7 June 2013

In the media – National

Australian Retail rents reach a record high
Sydney, Melbourne and Brisbane are among the 10 most expensive cities in the world for prime retail rents, with Australia the only country to have more than one city in the top 10, according to CBRE's quarterly survey (Q1 2013) (20 May 2013) More...

In the media – Victoria

Victoria's national parks up for grabs
Victoria's national parks are "up for sale" after the Victorian Government introduced legislation allowing 99-year development leases in the state's most important parks, according to the Victorian National Parks Association (30 May 2013) More...

Domestic building consumer protection reform strategy released
The Victorian Coalition Government has released a wide-ranging package of reforms to give better protection to consumers for building works for new or renovated homes, and to provide fairer, quicker and cheaper resolution of disputes (27 May 2013) Domestic building consumer protection reform strategy released

In the media – New South Wales

Have your say about Sydney's Metropolitan Strategy
The Department of Planning and Infrastructure has organised the summits to drive feedback into the draft Metropolitan Strategy. The draft Metropolitan Strategy for Sydney to 2031 was released in March and outlines how best to accommodate an additional 1.3 million residents by 2031, up from 4.3 million now (29 May 2013) Penrith community to have its say about Sydney's Metropolitan Strategy

In the media – Queensland

Australia's gas markets study
A major new Australian Government study into the rapidly changing eastern Australian gas market planned with additional funding for the Department of Resources, Energy and Tourism to do the study with the Bureau of Resources and Energy Economics (27 May 2013) More...

Offshore petroleum exploration acreage release areas announced
The Australian Government has announced the 2013 Offshore Petroleum Exploration Acreage Release comprising 31 areas across six basins in Commonwealth waters offshore of the Northern Territory, the Territory of Ashmore and Cartier Islands, Western Australia and Victoria (27 May 2013) More...

Energy retailers encourage Queenslanders to shop around after QCA price decision
Chief Executive of the Energy Retailers Association of Australia (ERAA) has said that a number of factors have led to today's decision by the Queensland Competition Authority (QCA) to increase regulated electricity prices (31 May 2013) More...

Fitzroy mine water strategy program
The Newman Government is to extend the Legacy Mine Water program to other coal mines in the Fitzroy River Basin in the next wet season. The long-term solutions to support economic development and protect catchment water quality will be put in place by the 2013-14 wet season, subject to sufficient water flows (28 May 2013) More...

New land release a boost to exploration opportunities
The Newman Government has provided another boost to Queensland's petroleum and gas sector with the release of over 8700 square kilometres of new land for exploration, calling for work program-based tenders to explore for petroleum and gas resources on land located in under-explored and greenfield areas of the State (28 November 2013) More...

Great Artesian Basin water tender opens
The Department of Natural Resources and Mines will issue a tender on Thursday for up to 7200 megalitres of unallocated water from general reserves identified in the Water Resource Plan. This water is planned for release in the Surat, Surat East and Surat North management areas of the Basin (28 May 2013) More...

PDA Economic development boost for the Redlands
The declaration of a PDA at Weinam Creek provides an opportunity for a mixed use residential, retail and tourism based development at Redland Bay, complementing future development in the recently announced PDA at Toondah Harbour (30 May 2013) More...

Brisbane CBD precinct consultation commences
The government will commence an extensive consultation process to define the redevelopment of the broader government precinct, and land use would be a central consideration in the redevelopment. Consultation will take place from now until September (22 May 2013) More...

State Government review of retail shop lease laws
The Attorney-General and Minister for Justice is inviting Queenslanders to have their say on policy options for changes to the Retail Shop Leases Act 1994. The Act provides important protections to small retailers whose bargaining power may be out-weighed by large shopping centre landlords (22 May 2013) More...

Government hands back corridor
The Newman Government has continued its commitment to restoring power to local governments by revoking the Bundamba to Swanbank State Development Area (SDA) and handing back planning control of the corridor to Ipswich City Council. The SDA was used to facilitate the development of critical water infrastructure (21 May 2013) More...

In practice and courts – National

Tax information for property transactions 2013 website
To make it easier for you to understand your property related tax obligations and entitlements, the ATO webpage contains links to tools, forms and outlines information on property topics including: Income Tax; Capital Gains Tax; Goods and Services Tax; Residential rental properties; Property used in running a business; Property development; Building and renovating. Visit the ATO website

In practice and courts – Queensland

Vegetation Management Framework Amendment Act 2013: Key reforms
The act introduces new clearing purposes under the Act for high-value agriculture and environmental works (such as land rehabilitation) and simplified statewide vegetation maps to clearly define areas where regulations will apply. The guide to sentencing under the existing Vegetation Management Act to ensure more consistent and equitable penalties in cases of inappropriate clearing has been removed (23 May 2013) Vegetation Management Framework Amendment Act 2013

Cases – Victoria

GADM Enterprises Pty Ltd & Anor v Indigo Cove Pty Ltd (Retail Tenancies) [2013] VCAT 699
Surrender, conversion of tenant's plant and equipment, measure of damage in conversion, unconscionable conduct, s77 Retail Leases Act More...

Cases – Queensland

Meridien AB Pty Ltd & Anor v Jackson & Ors [2013] QCA 121
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – WORDS TO BE GIVEN LITERAL AND GRAMMATICAL MEANING – PARTICULAR CASES – where, at relevant times, s 27 of the Land Sales Act 1984 (Qld) allowed a purchaser to avoid a contract for the sale of land if the vendor had not given it a registrable instrument of transfer within three and a half years – where the primary judge held the language of s 27 to be "clear and unambiguous" and refused to read an exception into the section – where the primary judge derived support for his construction from the Explanatory Notes to the amending Act – where the appellants submit that a purchaser who wrongly refuses to attend settlement and receive a registrable instrument of transfer does not obtain a right to avoid a contract – where the appellants place particular reliance on the principle of statutory interpretation that courts will resist an interpretation that will permit a person to take advantage of their own wrong – whether, on the proper construction of s 27, a purchaser who wrongfully refuses to attend settlement and receive a registrable instrument of transfer obtains a right to avoid the contract More...

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