ARTICLE
1 February 2014

Property & Projects – What's News - 29 January 2014

HR
Holding Redlich

Contributor

Holding Redlich, a national commercial law firm with offices in Melbourne, Canberra, Sydney, Brisbane, and Cairns, delivers tailored solutions with expert legal thinking and industry knowledge, prioritizing client partnerships.
The newsletter is a summary of recent media releases, reports and cases relating to property & projects in Australia.
Australia Real Estate and Construction

In the media – National
Solar panel companies fined for deception Two solar panel companies have been fined $125,000 by the Federal Court after falsely claiming the panels they supplied were made in Australia when they were made in China. The fines follow action taken by the Australian Competition and Consumer Commission (17 January 2014). More...

Reporting obligations for importers and exporters
A company that failed to report its imports and exports of ozone depleting substances and synthetic greenhouse gases – and equipment containing those gases – has been found to have breached its responsibilities, under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 and the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 (10 January 2014). More...

Property confidence at record high
The confidence level of the nation's property industry has hit a fresh high as the sector expects to benefit from strong house price growth, the Property Council/ANZ Property Industry Confidence Index to March 2014 has found. The uptick in confidence was driven mainly by New South Wales and Queensland (16 January 2014). More...

In the media – Victoria

Landowners welcome State Government changes to controversial bushfire building laws
The Victorian Government has confirmed it is changing a controversial planning law, introduced as a result of the Black Saturday Royal Commission, that has prevented thousands of people from building on their land (17 January 2014). More...

In the media – New South Wales

New homes and infrastructure for south-west Sydney
The housing boom in NSW is continuing with a further 3,200 new homes to be delivered in Sydney's south-west as part of the NSW Government's commitment to boost housing supply with the announcement of the rezoning of the Catherine Field site (28 December 2014). More...

In the media – Queensland

Public comments on Reef Strategy closing soon
The Government announces there are only two weeks left to provide feedback on the draft Great Barrier Reef Strategic Assessment ensuring the world heritage site remains one of the best managed, well preserved reef systems in the world. "There are two parts to the comprehensive strategic assessment – a marine component and a coastal zone component (17 January 2014). More...

Tourism developers in running for Integrated Resort licences
Acting State Development, Infrastructure and Planning Minister has announced the first Expression of Interest documents were issued today to parties interested in the Queen's Wharf development in Brisbane, and two other Integrated Resort Developments in regional Queensland (17 January 2014). More...

Community input sought on Redlands transformation
Draft plans for two new residential and tourism hubs promising to grow small business and jobs in the Redlands region were released today. "Development opportunities include mixed use and medium density residential developments at both sites and, for Toondah Harbour, tourism and retail developments, dedicated ferry terminals, a possible private berth marina and new public open spaces (10 January 2014). More...

Have your say on proposed agricultural hub
Queenslanders can have their say on the draft terms of reference for the environmental impact statement of a proposed new agricultural hub in North Queensland. "The proposal includes 240,000 hectares of grazing land, 65,000 hectares of cropping land, 18,000 hectares for water storage, and 2,000 hectares of infrastructure (11 January 2014). More...

New era for water planning in Queensland
The Queensland Government has launched a new era for water resource planning in Queensland with the joint release of the Boyne River Basin Water Resource Plan (WRP) and Resource Operation Plan (ROP). The WRP and ROP provide a framework for responsible management of surface water entitlements, including the entitlements of existing water users (02 January 2014). More...

Queensland has four new councils
Today marks a new chapter in Queensland's local government history with the start of four new councils in Noosa, Livingstone, Douglas and Mareeba announced by the State Government (01 January 2014). More...

In practice and courts – Queensland

State Revenue Office: Revenue Ruling DA.026 (version 2) - aggregation provisions
The released Aggregation of dutiable transactions and the exception from aggregation for domestic builders where residential premises are to be constructed, reflects the amendments to the aggregation provisions of the Duties Act 2000. These amendments removed the Commissioner's discretion not to aggregate and replaced it with a specific exemption for transactions involving vacant land purchased by domestic builders (17 January 2014). More...

City of Brisbane: Natural Assets amending Local Law
Brisbane City Council has passed by resolution on 19 November 2013, local law entitled the Natural Assets Amending Local Law 2013, amending the Natural Assets Local Law of 2003. The Natural Assets Amending Local Law 2013 commence on 27 January 2014. More...

Cases – Victoria

Spirovski v Univest Assett Merchants Syndicators Pty Ltd & Anor [2013] VSC 728
RETAIL LEASES – definition of key-money – goodwill – leave to appeal from orders made by Victorian Civil and Administrative Tribunal – a question of law and a question of fact – estoppel in the face of a statute – Federal Commissioner of Taxation v Williamson [1943] HCA 24; (1943) 67 CLR 561 – Kok Hoong v Leong Cheong Kweng Mines Ltd [1964] AC 993 – Binder v Alachouzos (1972) 2 QB 151 – Retail Leases Act 2003, s 23, s 94. More...

Green v Hobsons Bay CC (Includes Summary) (Red Dot) (Correction) [2013] VCAT 2091
Applications under Sections 77, 80 and 82 of the Planning and Environment Act 1987. REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE. LAW – issue of interpretation or application. Appropriateness of conditions requiring Development Contributions in the absence of a Development Contributions Overlay, Section 62 Planning and Environment Act 1987. APPLICATION – significant, interesting or unusual use or development; application of policy, provision or principle; or circumstances. Redevelopment individual lots within the former Port Phillip Woollen Mills area, Williamstown, strategic redevelopment area, considerations of affordable housing, need for development contributions, consideration of location opposite a Major Hazard Facility, demolition of Oriental Hotel. 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.

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