Australia: What's news in property & projects? – 13 November 2013

Last Updated: 20 November 2013
Most Read Contributor in Australia, September 2016

In the media – National

Ag regulatory reforms overdue
As the new Federal Government follows through with its pledge to slash red tape, an Australian Bureau of Agricultural and Resource Economics and Sciences report found about 25 per cent of the regulations it looked at could reduce the regulatory burden (01 November 2013).  More...

ASIC warns consumers about ads recommending SMSFs purchase properties through government scheme
ASIC has sounded a warning about people promoting self-managed super funds (SMSFs) encouraging consumers to invest in residential property via the government's National Rental Affordability Scheme (NRAS) (22 October 2013).  More...

Water experts want mines put on hold
Water science experts want the government to stop approving mines in Queensland's Galilee Basin until water impacts from existing projects are fully known (29 October 2013).  More...

In the media – Victoria

Clear and simple planning reforms support local decision making
Minister for Planning has introduced important changes to the state's Planning and Environment Act with the recent approval of state planning amendment VC102.  A new category of planning scheme amendments will remove red tape, cost, time and better direct resources to help councils and the Government to make streamlined decisions (31 October 2013).  More...

Reduced water fees encouraging waterway health
Minister for Water Peter Walsh today announced that water licence fees have been reduced by up to $2,100 for farmers who fence off Crown Land along rivers in partnership with their local Catchment Management Authority (CMA) (29 October 2013).  More...

Coalition Government launches rooming house register
Minister for Consumer Affairs Heidi Victoria has launched a state wide register of rooming houses to better inform the public about their location and ownership (21 October 2013).   More...

In the media – New South Wales

State planning reforms to kick start NSW economy
The Planning Bill 2013, tabled in NSW Parliament on 29 October by the Planning and Infrastructure Minister, represents the biggest overhaul of the planning system in 33 years The reforms will increase the output of the NSW economy by up to $3 billion a year over the next 30 years, according to the review by the Centre for International Economics (CIE) released today (22 October 2013).  More...

In the media – Queensland

Property developers need to factor law into climate change
A developer of a large resort and residential community was dealt a blow when its development application was overturned in the Queensland Planning and Environment Court earlier this year, after  not adequately taking into account climate change-related sea level rise (22 October 2013).  More...

Origin: LNG projects on track in Queensland
Origin Energy Ltd's $25 billion liquefied natural gas (LNG) project in Queensland is now more than half finished. Australia's largest energy retailer says drilling of coal seam gas wells in central and south west Queensland was 50 per cent complete at the end of September (31 October 2013).  More...

Queensland legislation passed to protect national parks
Queensland parliament passed amendments to cut red tape and increase protection of the state's national parks on 29 October 2013, through the Nature Conservation and Other Legislation Amendment Bill (No. 2) 2013. Tenures will be streamlined into two main categories– national parks and regional parks (29 October 2013).  More...

New Queensland planning provisions for local councils released
Local councils will now have a simpler planning scheme to work with following the release of Queensland Planning Provisions version 3.0, to assist local governments when preparing planning schemes that is standardised across the state (28 October 2013).  More...

SEQ's future water use blueprint released
A blueprint for the flexible and cost-effective management of South East Queensland's (SEQs) water resources has been released for public consultation. Hydrological modelling results and economic analysis to prescribe the revised desired level of service objectives will also be considered along with community feedback (28 October 2013).  More...

State farmers in final battle over Qld mega mine
Farmers fighting the massive Alpha coal mine project fear the Queensland government will try to silence opposition to similar, future projects. A group of farmers (the (CCAQ)  has gone to the Land Court of Queensland to challenge approvals for the multi-billion-dollar joint venture between Gina Rinehart's Hancock Coal and GVK (25 October 2013).  More...

In practice and courts – Victoria

Announcements, Draft Policies and Plans released

Plan Melbourne Discussion and Feedback
Minister for Planning Matthew Guy is urging Victorians to contribute feedback on the blueprint for the city's future, in the next important milestone for Plan Melbourne discussions. The plan is open for comment until Friday 6 December 2013 (29 October 2013). More...

Cases – Victoria

Bretair Pty Ltd v Cave (No 2) (Retail Tenancies) [2013] VCAT 1808
LANDLORD AND TENANT – Whether gravel pavement forms part of the structure of the leased premises – Whether tenant or landlord has obligation to repair pot holes in gravel pavement caused by fair wear and tear – What constitutes fair wear and tear - Construction of contractual terms – commonsense approach to be taken to the interpretation of commercial documents - Section 52 of the Retail Leases Act 2003 - whether comparator is renewal of lease – dismissed.  More...

ZX Group Pty Ltd v LPD Corporation Pty Ltd [2013] VSC 542
VENDOR AND PURCHASER – Contract for sale of land – Prior sale – Pre-contractual and contractual warranties that land not previously sold – Breach of warranty – Previous sale – Whether warranty essential term – Whether serious breach of intermediate term –Purported termination by purchaser under contractual default provisions – Breaches of s 32 Sale of Land Act 1962 – Purported rescission under s 32(5) Sale of Land Act 1962 – Rescission denied under s 32(7) Sale of Land Act 1962 – Fraudulent misrepresentation – Whether rescission for fraudulent misrepresentation – Whether contract affirmed – Service of notice to complete by vendor - Rescission notice – Repudiation by purchaser – Election by vendor – Alleged rescission on alternative ground – Misleading or deceptive conduct under s 52, s 53A Trade Practices Act 1974 (Cth) – Damages under s 82 Trade Practices Act 1974 (Cth) – Rescission and order for repayment of deposit under s 87 Trade Practices Act 1974 (Cth).  More...

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