Australia: Property & Projects – What's News - 27 November 2013

Last Updated: 4 December 2013
Most Read Contributor in Australia, December 2017

In the media – National

Australian farmers to benefit from direct action on their land
A new methodology for 'Native Forest from Managed Regrowth' allows farmers and land managers who have historically cleared their land for pastoral use to earn carbon credits by managing regrowth to regenerate native forests (12 November 2013). More...

Energy Efficiency Certificate Creators Association (EECCA) established
Australia's energy efficiency markets will be strengthened with the announcement today of the establishment of a new, independent body to represent businesses that create and trade in energy efficiency certificates (12 November 2013). More...

National Licensing Lessons Must Be Heeded
The Real Estate Institute of Australia (REIA) says it's not surprised that the COAG Reform Council's (CRC) report, Lessons for Federal Reform illustrates that 15 out of 32 key performance indicators show little, no or negative progress (12 November 2013). More...

Abbott introduces carbon tax repeal bill
The government has begun the process of abolishing the carbon tax, introducing laws to parliament to unwind Labor's clean energy laws. Prime Minister Tony Abbott on Wednesday introduced a bill to repeal the impost, marking his government's first major piece of legislation (14 November 2013). More...

Australian climate tax and fees off table
Federal cabinet has ruled that Australia will not sign up to any new contributions, taxes or charges at this week's climate change summit. This come as part of a significant toughening of its stance as it plans to move within days to repeal the carbon tax (11 November 2013). More...

PCA: Government turns a blind eye to housing affordability
The PCA claims that far from being 'past its use-by date' the National Housing Supply Council is the government's only insight into Australia's housing affordability and undersupply problems (08 November 2013). More...

ASIC warns real estate industry about spruiking
The corporate regulator has warned real estate agents to adhere to the licensing requirements for self-managed super fund (SMSF) property investment advice. ASIC announced it is working with the REIA to ensure real estate agents understand their legal obligations when dealing with SMSFs (07 November 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 – New South Wales

Urban Taskforce: strata Act changes will support growth in apartments
Proposed changes to the NSW Strata Act will give greater confidence to the development industry and to owners corporations. The proposal to require an independent expert assessment of the condition of a building a year after completion will give all parties an impartial umpire who will assess defects and monitor rectification (14 November 2013). More...

New planning system laws to boost communities
New planning laws in NSW set upfront rules for fast-tracked approval of townhouses, retail and office projects. Legislation for the new planning system has passed the Legislative Assembly in the NSW Parliament and is due to be debated in the Legislative Council in November (08 November 2013). More...

In the media – Queensland

Queensland state planning's one-stop-shop awarded
The PIA has awarded Queensland's State Assessment and Referral Agency (SARA) with the 2013 Improving Planning Processes and Practices Award. SARA, launched on July 1, 2013, was created to centralize state referrals and to streamline development application assessments in a 'one-stop-shop' approach (12 November 2013). More...

Mineral assessment hub for resource sector
The State Government has launched, from this week, a new Townsville Minerals Assessment Hub would process all mineral exploration permits for Queensland, and would soon manage all mineral development applications across the state (09 November 2013). More...

Benchmarks for Queensland Planning Schemes released by the PCA
The Property Council has released its latest research, Property Interests: Benchmarks for Queensland Planning Schemes. This covers retail, industrial, commercial and residential land uses, Property Interests encourages local governments to take a step back, and make sure the strategic intent of their planning scheme is being reflected in the detail of the document (07 November 2013). More...

Qld to offer coal incentives
The Newman government will announce incentives for coal mines in the remote Galilee Basin using a ramp-up royalty period for miners. As a raft of changes including a faster planning and land acquisition process as well as the discounted royalties will be offered to aid development of the basin, 500km from the Queensland coast (07 November 2013). More...

In practice and courts – National

2020 Vision
A new national initiative, aiming to increase green spaces in our cities by 20% by 2020 was launched last week. The 2020 Vision is a unique collaboration between government, academic and private-sectors, aiming to increase urban green spaces, thus improving our environment, productivity and societal benefits (12 November 2013). More... More....

In practice and courts – Victoria

Current consultations

EPA: Draft guideline on applying environment protection principles EPA is seeking comments by 15 November 2013 on its draft guideline on the application of the environment protection principles to EPA's approvals process. It is intended to help project proponents understand how EPA expects them to consider the principles when developing proposals and preparing applications for an EPA approval. More... More...

Plan Melbourne Discussion and Feedback
Victorians are encouraged 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. More...

In practice and courts – Queensland

Announcements, Draft Policies and Plans released 2013

Galilee Basin Development Strategy November 2013
The Galilee Basin Development Strategy outlines streamlined solutions for water, power and rail and comprehensive infrastructure planning for this important region (06 November 2013). More...

Cases – Victoria

South Yarra Colonnade Pty Ltd v Designbuilt Industries Pty Ltd (Retail Tenancies) [2013] VCAT 1872 Retail tenancies – monthly tenancy – rental paid monthly in advance – re-entry on second day of month – whether Landlord entitled to rental for whole month - apportionment of rental due – interest payable under lease not limited by power to award interest conferred by s.91(2) Retail Lease Act 2003. More...

Ashdon Valley Pty Ltd v Hicks & Anor [2013] VSC 597 APPEAL – Appeal from Magistrates' Court on questions of law – Sale of land providing for the transfer of water entitlements – whether magistrate misconstrued the Water Act 1989 (Vic) – whether the magistrate failed to consider the issue of causation raised by the appellant – whether the reasons for decision were adequate – reasons for decision do not disclose the magistrate's path of reasoning – Appeal allowed – Magistrates' Court Act 1989 (Vic) s 109 – Water Act 1989 (Vic) ss 33E, 33F, 33G, 33S, 33U, 33W, 64J, 64S. More...

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”

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
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 you may opt out by clicking here

    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.

    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.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    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.

    By clicking Register you state you have read and agree to our Terms and Conditions