ARTICLE
9 May 2014

Property & Projects - What's News - 6 May 2014

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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 has links to recent media releases, reports, legislation and cases in relation to property & projects.
Australia Real Estate and Construction

In the media – National

Draft Australian Heritage Strategy released by the government
To coincide with Australian Heritage Week, the Government has released the draft Australian Heritage Strategy to recognise, manage and celebrate Australia's unique heritage. This is an opportunity for Australians to discuss what heritage icons should be protected, and how best to manage and maintain these places (15 April 2014). More...

Macquarie Bank Ltd granted electricity retailer authorisation
The AER granted an retailer authorisation to Macquarie Bank under the National Energy Retail Law. Macquarie Bank is now authorised to retail electricity as and when the National Energy Retail Law is adopted in each participating jurisdiction (14 April 2014). More...

In the media – New South Wales

Special laws could quash airport rivals
The Abbott government will take any "necessary action" to ensure the Badgerys Creek airport in Sydney's west will be built quickly and efficiently, according to Assistant Minister for Infrastructure Jamie Briggs, including passing "special legislation" through federal parliament if it felt construction of the city's second airport was taking too long (19 April 2014). More...

Have your say on proposed Banksmeadow waste facility
An application for a new waste transfer facility in Banksmeadow is now on exhibition and the community is encouraged to have their say on the development proposal (17 April 2014). More...

Badgerys Creek to be site for second Sydney airport
The Australian Government has announced that Badgerys Creek will be the site for a new airport in Western Sydney. The Government has established the Western Sydney Infrastructure Unit within the Department of Infrastructure and Regional Development to implement this decision (15 April 2014). More...

In the media – Queensland

Government reveals plan for priority infrastructure
The Queensland Government will put in place funding incentives for councils that use a new 'fair value schedule of charges' by having the State co-invest in Priority Development Infrastructure in the council's area (17 April 2014). More...

In practice and courts – Victoria

MAV Rural and Regional Planning Conference 2014
The Future Proofing Regional Victoria 2014 will be held on 26 and 27 June.

In practice and courts – New South Wales

Announcements, Draft Policies and Plans released 2013

Badgerys Creek site: second Sydney airport
The owners of Sydney (Kingsford-Smith) Airport have a right of first refusal to develop and operate Sydney's second airport. The Government will fulfil its obligations with regards to the right of first refusal. Further details on the announcement can be found in the Prime Minister and Deputy Prime Minister's Media Release (15 April 2014). More...

Proposed Banksmeadow waste facility: consultation
An application for a new waste transfer facility in Banksmeadow is now on exhibition. The application and development proposal for the Banksmeadow Waste Transfer Terminal will be on exhibition from the 17 April to 28 May 2014 (17 April 2014). More...

Crown Lands Management Review report: white paper, April 2014
A White Paper detailing the proposed legislative amendments has been released for public comment, providing stakeholders and members of the wider community with the opportunity to comment on the proposed legislation before the Government proceeds. Submissions close on 20 June 2014. More...

In practice and courts – Queensland

Announcements, Draft Policies and Plans released 2013

EIS: large-scale resource developments
On 15 April 2014, the Resources Cabinet Committee endorsed a set of standardised outcome-focused conditions for resource projects The conditions are not intended to overlap or replace the matters regulated by an environmental authority under the Environmental Protection Act 1994, which is the primary form of environmental regulation for resource projects (15 April 2014).

Proposed Development Scheme consultation: Southport Priority Development Scheme
Under the provisions of section 59 of the Economic Development Act 2012, the Council of the City of Gold Coast gives notice of the Proposed Development Scheme for the Southport Priority Development Area (PDA) for consultation. Submissions close on 22 May 2014. More... More...

Legislation – New South Wales

Regulations and other miscellaneous instruments

Environmental Planning and Assessment Amendment (Subdivision Works) Regulation 2014 (2014-237) — published LW 24 April 2014.

Conveyancing (Sale of Land) Amendment Regulation 2014 (2014-228) — published LW 17 April 2014.

Residential Tenancies Amendment Regulation 2014 (2014-230) — published LW 17 April 2014.

Cases – Victoria

SeaRoad Logistics v Patricks Stevedores [2014] VSC 170
CONSTRUCTION OF LEASE – Proper construction of head lease and sub lease – Dispute between tenant and sub tenant whether rent review clause from head lease incorporated into sub lease – Rent review to be 'in the same manner' – Meaning of 'manner'– Whether terms inconsistent – Validity of rent review procedure undertaken – Requirement to pay part of the rent sought if sub tenant objects to rent review – Exercise of option to renew sub lease – Obligation to seek consent from head landlord – Whether sub tenant a monthly tenant or a tenant in equity for further term – Objections to evidence. 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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