Australia: Property & Projects – What's News - 18 December 2013

Last Updated: 24 December 2013
Most Read Contributor in Australia, September 2016

In the media – National

Government announces agriculture white paper
Agriculture Minister Barnaby Joyce announces the terms of reference for a white paper, and the establishment of a task force to consult with stakeholders. An issues paper will be released in the coming weeks, ahead of consultation with industry and community groups (09 December 2013). More...

Work begins on Energy White Paper
The Australian Government will deliver a new framework for national energy and resources policy, with the Minister for Industry Ian Macfarlane releasing terms of reference for the Australian Government's Energy White Paper that will drive economy-wide reforms of Australia's energy sector (05 December 2013). More...

Court rules power of liquidator of a landlord to disclaim the tenant's lease
The High Court has held that the liquidators of Willmot Forests had power under Div 7A of Pt 5.6 of the Corporations Act to disclaim leases granted by the company to investors. It also held that disclaimer terminated the landlord's obligations and the tenants' correlative rights arising under the leases (04 December 2013). More...

Two record months for retail property investment
Transactions in Australia's retail investment market skyrocketed to $1.5 billion over just two months, from October to November 2013. These transactions alone make up one quarter of the total sales for the year to date ($6.1 billion), according to Jones Lang LaSalle (JLL) (09 December 2013). More...

In the media – Victoria

Clearer and simpler fence laws on the way
The Victorian Coalition Government is today bringing legislation into Parliament to make the law on fences clearer, simpler and fairer (12 December 2013). More...

Water trading improvements cut irrigator red tape
Important water transactions will be cheaper, easier and faster for irrigators and other water traders with the launch of a new and improved Victorian Water Register, Minister for Water Peter Walsh announced today (12 December 2013). More...

In the media – New South Wales

North West Rail Link proposals revealed
The Minister for Transport Gladys Berejiklian announced a major milestone has been reached on the $8.3 billion North West Rail Link with two proposals formally received for the contract to operate the new rail line (10 December 2013). More...

In the media – Queensland

Government to seek private sector infrastructure investment
The Newman Government announces it will investigate private sector infrastructure funding for state-owned electricity transmission and distribution businesses. The government will engage an investment bank to undertake a market sounding in relation to a hybrid security instrument called a non-share equity interest (NSEI) (12 December 2013). More...

Councils may be queried on sea level bans
Queensland councils could have to explain themselves to the Newman government if they ban significant developments in areas at risk of sea level rises. The state government no longer factors in sea level rises in its State Planning Policy, which came into effect this month (09 December 2013). More...

Queensland agriculture to benefit from vegetation management reforms
Landholders will benefit from reforms to State vegetation management laws allowing them to conduct routine vegetation management activities on their properties. If a landholder wishes to complete work under the new self-assessable codes, they simply need to give advance notification to DNRM (05 December 2013). More...

Government re-affirms commitment to protect important environmental areas
Mr Seeney has repeated the draft Cape York Regional Plan released last week for public comment was developed to protect ecologically significant areas and encourages public to read the draft plan and make submissions by 25 March 2014 (03 December 2013). More...

In practice and courts – Queensland

EIS: North Galilee rail project
Queensland's Coordinator General has approved the release of an Environmental Impact Statement (EIS) for the $2.2 billion North Galilee Basin Rail project and is now inviting public feedback. Submissions close on 11 February 2014 (13 December 2013). More...

Revised changes to the Queensland Development Code Mandatory Part 3.5—Construction of buildings in flood hazard areas
As of 12 December 2013, a draft version of the revised Queensland Development Code (QDC) Mandatory Part 3.5 - Construction of buildings in flood hazard areas (draft MP 3.5) has been published under Draft and pending parts on the Department of Housing and Public Works' website. This reflects the terminology used in the new State Planning Policy 2013 that commenced on 2 December 2013.

Cases – Victoria

Commissioner of State Revenue v Oakbee Pty Ltd & Ors [2013] VSC 672
TAXATION – Land Tax – contracts of sale of land – whether vendor liable for land tax – Tribunal decision that vendor not liable – appeal on questions of law – whether purchasers took possession of land – requirement that at least 15% of the purchase money had been paid – meaning of phrase 'subject to subsection (3)' – whether subsection (3) operated independently – meaning of phrase 'take possession' – Tribunal decision set aside – Commissioner's decision affirmed – Land Tax Act 2005 s 16. ADMINISTRATIVE LAW – natural justice – Tribunal deciding matter on ground not argued by the parties without opportunity for submission – Victorian Civil and Administrative Tribunal Act 1998 s 98(1)(a). PRACTICE – appeal on a question of law – whether defendant can rely on a notice of contention - Victorian Civil and Administrative Tribunal Act 1998 s 148. More...

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