ARTICLE
21 February 2014

Construction & Infrastructure - What's News - 19 February 2014

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Holding Redlich

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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 includes links to recent media releases, reports and cases relating to property & projects in Australia.
Australia Real Estate and Construction

In the media

Draft standard for commercial energy audits released
Standards Australia has released the new draft standard AS/NZS 3598.1 for energy audits for commercial buildings and operation for public comment. The standard recommends energy audits be carried out every three to five years as part of sound building management practice (12 February 2014. More...

Invitation to comment on the Gladstone Bund Wall Review
The independent review into the bund wall failure at the Port of Gladstone is now underway, said the Minister for the Environment, Greg Hunt. Individuals and organisations are invited to make submissions for consideration under the Terms of Reference until 28 February 2014 (13 February 2014). More...

Government announces union royal commission
The federal government has formally announced the terms of reference for a royal commission into union governance and corruption. Retired High Court judge Dyson Heydon will head the inquiry (10 February 2014). More...

Five unions named in royal commission
Five unions have been named as specific targets in a royal commission into corruption, but the commissioner will not be limited to looking at the five unions, or at employers who may have engaged in improper conduct or criminality, according to Employment Minister Eric Abetz (10 February 2014). More...

ABS: Construction approvals soar in 2013
The number of dwellings approved for construction soared over 12 months, with figures for December 2013 up 22 per cent on the same period in 2012, the Australian Bureau of Statistics (ABS) reports (10 February 2014). More...

Infrastructure improvements needed to make most of Asian Century
Former Treasury secretary Ken Henry has said that Australia may not be able to take full benefit of the 'Asian Century' unless our infrastructure is improved (10 February 2014). More...

Infrastructure Australia: Contracts to Assist with Nation's Infrastructure Audit awarded
Infrastructure Australia has announced the awarding of two important contracts. ACIL Allen Consulting Pty Ltd has been engaged to work with Infrastructure Australia in undertaking a comprehensive audit of existing nationally significant infrastructure across Australia. PricewaterhouseCoopers in partnership with GHD will work with Infrastructure Australia to undertake an audit of infrastructure in Northern Australia (07 February 2014). More...

Report: Delaying uniform OHS laws risks national mine safety regime
Delays in harmonising Australia's occupational health and safety laws are hampering efforts to develop a national mine safety regime. Releasing its final report on developing a seamless national economy, the COAG Reform Council said mine safety reforms are aiming to establish a blanket health and safety regime for the Australian mining industry (06 February2014). More...

New South Wales

NSW government's $2.5 million for Swansea channel dredging
Deputy Premier and Minister for Regional Infrastructure and Services and Minister for Roads and Ports Duncan Gay have announced the NSW Government would provide $2.5 million for the long-term navigational dredging of Swansea Channel (05 February 2014). More...

ABS: NSW approvals for apartments and non-residential booming
The latest monthly figures by the Australian Bureau of Statistics indicate a strong upward growth in high density apartments and in non-residential in NSW, say the Urban Taskforce. A number of very big projects are going through the planning system that will lead to construction over many years (03 February 2014). More...

IPA: Sydney light rail early works bidders shortlist
The announcement of the shortlist of bidders for the early works stage of Sydney's Light Rail project shows solid progress toward delivery of this exciting and complex project, says Infrastructure Partnerships Australia (04 February 2014). More...

Parliament legislation cancels corrupt mining licences
Parliament has passed legislation to cancel the exploration licences for Doyles Creek, Mt Penny and Glendon Brook that were the subject of corruption findings by the ICAC. The legislation requires all exploration data on the tenements to be provided to the NSW Government (04 February 2014). More...

Queensland

Gateway bottleneck out to tender
The design and construction tender to fix one of Queensland's major road bottlenecks is underway (14 February 2014). More...

Construction begins on Pimpama school
Construction has begun on a new primary school in Pimpama, the first of 10 to be built in Queensland as part of a $1.517 billion public private partnership. The Plenary Schools consortium which would design, construct, commission, partly finance, maintain and provide facilities management services for the schools until 2043 (14 February 2014). More...

Aquatic Centre reaches milestone
The Gold Coast Aquatic Centre is rapidly taking shape with completion of the centre's roof marking another major construction milestone in the $41 million redevelopment project (14 February 2014). More...

Reforms ensure safer and more productive worksites
Queensland worksites will be better protected and free of union abuse under work health and safety (WHS) reforms introduced in Parliament. The Work Health and Safety and Other Legislation Bill 2014 includes much tougher penalties for electrical safety breaches and new rules to prevent union bullying (13 February 2014). More...

Contract for Springsure Creek Coal secured by Ausenco
Ausenco has been awarded a contract to provide project management and engineering support services for Bandanna Energy's Springsure Creek Coal mine in Queensland's Bowen Basin. Above ground infrastructure will include a coal handling plant, maintenance buildings, administrative buildings and an internal road network (06 February 2014). More...

Victoria

Victoria deregulates thinking about infrastructure
Victoria's new unsolicited bid framework is a sensible policy change to signal for smart thinking from the business sector and broader community about to get critical infrastructure in Victoria funded and moving, says Infrastructure Partnerships Australia (13 February 2014). More...

Fast tracking infrastructure in growth areas
The Victorian Coalition Government is fast tracking roads and other key state infrastructure in Melbourne's newest suburbs, under new GAIC W-I-K guidelines. These will allow the development industry to deliver state infrastructure earlier, by providing capital works, instead of paying the Growth Areas Contribution as cash (12 February 2014). More...

Victorian Government to introduce drug tests on construction sites
Victorian construction workers face random drug and alcohol testing on taxpayer-funded building sites after the state government revived the workplace issue (06 February 2014). More...

Avalon Airport Rail Link enters environmental planning
Melbourne's Avalon Airport Rail Link has reached the formal environmental planning stage, according to the state government. Investigations have also been undertaken of the options for staged delivery of the rail link in consideration to passenger demand and airport growth (06 February 2014). More...

Victoria Government pledges $108m to Reduce Traffic Congestion
Melbourne's East West Link will reduce traffic congestion by about a third on a key access route into the city, the Victorian government has claimed (07 February 2014). More...

Published – articles, papers, reports

Review of Infrastructure Debt Capital Market Financing
Author: Infrastructure Australia
The purpose of this paper is to explore issues relating to the development of the infrastructure debt capital market, in particular the long term project bond market for greenfield infrastructure (released February 2014). More...

Urban Transport Strategy report
Author: Infrastructure Australia (released 07 February 2014)
This report heralds urbanisation as the engine for Australia's economic growth and considers the development of an Urban Transport Strategy to be of paramount importance (released 07 February 2014). More...

Seamless National Economy: Final report on performance
Author: the COAG Reform Council
Chapter 2 covers Deregulation priorities - Occupational health and safety; Construction code; Chemicals and plastics; Mine safety; Oil and gas; Maritime safety; Directors' liability (released February 2014). More...

Petroleum and Gas Upstream Safety News February 2014
Author: Department of Natural resources and Mines
Safety issues for gas users and consumers, gasfitters, automotive LP gas installers and associated fields. More...

In practice and courts

Union Royal Commission: terms of reference
The federal government has formally announced the terms of reference for a royal commission into union governance and corruption. The commission can also examine any other person, association or organisation against which credible allegations of misconduct are made (10 February 2014). More...

Gladstone Bund Wall Review: Invitation to Comment
Individuals and organisations are invited to make submissions for consideration under the Terms of Reference until 28 February 2014 (13 February 2014). More...

Draft standard AS/NZS 3598: Commercial building operations and maintenance: review
This gives an overall explanation of the various levels of energy audit and what can be expected from each general type. Comments on the standard are open until 10 April 2014. More... More...

NCC 2014 - Takes effect on 1 May 2014
BAF Consulting, on behalf of the ABCB, invites you to attend one of their seminars - National Construction Code Seminar: Building Code of Australia 2014. This will also feature presentations from Standards Australia. More...

QLD: Building & Plumbing Newsflash No 526 - Repeal of Queensland Development Code 5.4 - Child care centres
To advise that the Queensland Development Code 5.4 – Child care centres (QDC 5.4) was repealed on 1 January 2014 and building certifiers of their responsibilities when assessing Queensland education and child care services to be regulated under the Education and Care Services Act 2013 (ECS Act) (06 February 2014). More...

QLD: Mines Safety Alert 301- Access between primary and secondary escape ways
Site Senior Executives are reminded of their obligations under the Coal Mines Safety and Health Regulation 2001, Section 296 Escape ways, to ensure that there are two trafficable entrances (escapeways) from the surface that are separated in a way that prevents any foreseeable event happening in one of the escapeways affecting the ability of persons to escape in the other (31 January 2014). More...

NSW: Building Practitioners Board
The BPB has published the February issue of BPBulletin. More...

NSW: Consultation reminder - BPB Report on Building Certification and Regulation
The Building Professionals Board (BPB) is seeking public comment on a building certification and regulation report which has just been publicly released. Submissions close on Monday 24 March 2014. More...

VIC: Growth Areas Infrastructure Contribution (GAIC) Works-in-Kind agreements
These clarify what infrastructure can be provided or funded to offset a GAIC charge, including arterial roads and freeways, footpaths, walking and cycling trails, health and education facilities, libraries, community facilities such as major open space and recreational centres, stormwater management and IT infrastructure (12 February 2014). More...

Cases

Burrell v JGE Machinery [2014] NSWSC 19
Injunction to restrain enforcement of adjudication determination granted on condition as to payment in of adjudicated amount. PROCEDURE - Interlocutory orders - Injunctions - whether to grant interlocutory injunctive relief to restrain enforcement of adjudication determination. BUILDING AND CONSTRUCTION - building contracts - remuneration - statutory regulation of entitlement to and recovery of progress payments - requirements of the Building and Construction Industry Security of Payment Act 1999 (NSW), s 13. BUILDING AND CONSTRUCTION - building contracts - remuneration - whether ground for restraint of adjudication determination based upon risk of insolvency. More...

Burrell v JGE Machinery [2014] NSWSC 32
Injunction to restrain enforcement of adjudication determination granted on condition as to payment in of adjudicated amount. PROCEDURE - Interlocutory orders - Injunctions - whether to grant interlocutory injunctive relief to restrain enforcement of adjudication determination. BUILDING AND CONSTRUCTION - building contracts - remuneration - statutory regulation of entitlement to and recovery of progress payments - requirements of the Building and Construction Industry Security of Payment Act 1999 (NSW), s 13. BUILDING AND CONSTRUCTION - building contracts - remuneration - whether ground for restraint of adjudication determination based upon risk of insolvency. More...

Zurich Bay Holdings Pty Ltd -v- Brookfield Multiplex Engineering and Infrastructure Pty Ltd [2014] WASC 40
Administrative law - Construction Contracts Act 2004 (WA) - Application for adjudication - Denial of procedural fairness - Whether adjudicator acted beyond jurisdiction. Administrative law - Application to enforce adjudicator's determination as a judgment. Construction Contracts Act 2004 (WA), s 3, s 4(3)(d), s 17, s 31, s 32, s 43, s 46, s 53. 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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