In the media – National
Emissions Reduction Fund draft legislation
released
The Australian Government releases the draft legislation to
implement the Emissions Reduction Fund. The Carbon Credits (Carbon
Farming Initiative) Amendment Bill 2014 will expand the Carbon
Credits (Carbon Farming Initiative) Act 2011 and will allow
crediting of emissions reductions across the Australian economy (09
May 2014).
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Irrigators continue to benefit from lower barriers to
trade in the Murray-Darling Basin
The ACCC has released its fourth annual Water Monitoring Report
for the Murray-Darling Basin (MDB) under the Water Act 2007. The
report details the impact of water market and water charge reforms
on irrigation infrastructure operators (IIOs) and their customers
throughout the MDB (08 May 2014).
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Commission audit says slash climate
agencies
The Government's Commission of Audit has recommended that the
government abolish a number of agencies aimed at addressing climate
change and lowering carbon pollution. However it has not
recommended any changes to the operation of the Clean Energy
Regulator (02 May 2014).
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CER: near perfect compliance with renewables target in
2013
Clean Energy Regulator released report on performance of renewable
energy target, provides an overview of the operations of the
Renewable Energy (Electricity) Act 2000 in 2013. The
regulator recorded 99.97% compliance (02 May 2014).
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UDIA supports Commission of Audit Report
recommendations
The UDIA has welcomed the recommendation of the National
Commission of Audit to set up a central register of all
Commonwealth property, with surplus property to be sold off (02 May
2014).
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In the media – Victoria
Legislation will improve building regulation and better
protect consumers
The Victorian Coalition Government has introduced legislation into
Parliament to implement reforms that will deliver far reaching
improvement to the building system for Victorian consumers and
builders (08 May 2014).
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Development contributions reform delivers fairer
system
Roads, parks, sports and community facilities will be delivered
quickly and more efficiently in fast growing areas (01 May 2014).
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Annual Compliance Plan mid-year report
EPA Victoria has today released its Annual Compliance Plan
2013-2014 mid-year report with some great results and a significant
improvement on last year (24 April 2014).
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In the media – New South Wales
Sydney needs bold thinking for Barangaroo
Concerns by the Council of the City of Sydney that Barangaroo
should be reduced in scale should be rejected if Sydney is to
continue as Australia's global city, says the Urban Taskforce.
The recent report by PricewaterhouseCoopers positioned the Sydney
CBD as being low growth in economic output (07 May 2014).
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New Sydney CBD Ferry hub to be built at
Barangaroo
An all-new ferry wharf is set to be built at Barangaroo, and is
scheduled to open to customers in 2016.The Barangaroo ferry hub
will also form a key component of the Southern Barangaroo
development (06 May 2014). More...
NSW has highest housing approvals in a
decade
ABS figures released show housing approvals in the State grew by
58 per cent in March this year compared to March last year, and for
the twelve months to March 2014 were at the highest level since
2003 (05 May 2014).
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Urban Task force call for skyscrapers to double in
height
Sydney is being held back by out-of-date planning rules that set
the underside of Sydney Tower, designed in the 1970s, as the cap on
height for new buildings, according to the Urban Taskforce (02 May
2014).
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In the media – Queensland
Qld local councils appeal court rates
ruling
Queensland's local councils are appealing over a court
decision that banned a regional council from discriminating against
investors. Mackay Regional Council faces a $1.6 million refund bill
after 300 landlords successfully won a Court challenge where
investors had paid an average of $250 a year more in rates than
owner-occupiers (02 May 2014).
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In practice and courts – National
Emissions Reduction Fund exposure draft legislation:
public comment
The Emissions Reduction Fund exposure draft legislation is now
open for public comment. The consultation period is open until 23
May 2014 (09 May 2014). More...
Next generation Green Star rating tool: scoping
paper
The scoping paper outlines the GBCA's proposed approach to the
new rating tool, including an improved certification pathway,
online delivery platform and revised weighting system. Feedback
period is open until 31 July 2014.
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In practice and courts – Victoria
Development Contributions reform
The Minister for Planning has announced the introduction of
Standard Levies for development contributions in priority growth
locations from 1 July 2015. These reforms are based on 'Report
2: Setting the Levies' by the Standard Development Contribution
Advisory Committee (01 May 2014).
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In practice and courts – New South Wales
South West Rail Link corridor extension: public
consultation
Consultation will begin this week and include two stages: Stage 1
– Consultation on the proposed corridor and station locations
will start on 28 April and will run for six weeks to 6 June 2014.
Stage 2 Consultation on specific alignment options will follow
later in 2014 (28 April 2014).
More...
In practice and courts – Queensland
Announcements, Draft Policies and Plans released 2013
Property Agents and Motor Dealers Acts 2000
(PAMDA)
The Queensland Government has passed new laws to split the
Property Agents and Motor Dealers Acts 2000 (PAMDA) into three
industry-specific licensing Acts, and a fourth supporting Act. The
new legislation will be:
Property Occupations Bill 2013 -: PASSED with amendment on 7/05/2014
Motor Dealers and Chattel Auctioneers Bill 2013 - PASSED with amendment on 6/05/2014
Debt Collectors (Field Agents and Collection Agents) Bill 2013 - PASSED with amendment 0n 06/05/2014
Agents Financial Administration Bill 2013 - PASSED with amendment 0n 06/05/2014.
The changes include:
- the removal of licensing requirements for property developers and their employees bringing Queensland in line with other jurisdictions in Australia
- penalties applied to sellers or seller's agents for technical breaches to the legislation
- the removal of strict requirements, such as a warning statement and body corporate information sheet
- the removal of the requirement for prospective purchasers to be given a written statement where vacant land is not lawfully useable for residential purposes
- the removal of the requirement for agents to disclose to a buyer the commission the agent is receiving from the seller and the removal of maximum caps for real estate commission.
The new legislation has not yet received a commencement date.
Brisbane's Cultural Precinct Master Plan: public
comment
This plan provides a blueprint to attract private sector
investment and will ensure that it makes the precinct home to our
major arts institutions, as a vital cultural hub (05 May 2014). More... More...
Sunshine Coast Regional Council: Planning Scheme and
Planning Scheme Policies 2014
The planning scheme and the planning scheme policies were
gazetted on 2 May 2014 and commence on 21 May 2014. More...
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
Bills introduced Government
Home Building Amendment Bill 2014
The new Home Building Amendment Bill 2014 and Explanatory
Memorandum
The 2013 Position Paper from the Minister on the proposed changes
/policy reasons.
Cases – Victoria
Update Pty Ltd v Commissioner of State
Revenue[2014] VSC 187
TAXATION - Growth Areas Infrastructure Contribution
("GAIC") imposed under Part 9B of the Planning &
Environment Act 1987 – GAIC is imposed in respect of the
first "GAIC event" to occur in relation to the land
– "GAIC event" included a dutiable transaction
relating to land in the GAIC area - Land was transferred to the
purchaser under a dutiable transaction – Whether the transfer
of the land gave rise to a GAIC event or was an "excluded
event" – Whether the parties intended to create legal
relations before the relevant day – Whether communication of
the vendors' acceptance of the applicant's offer
constituted "a contract relating to that dutiable
transaction" entered into before the relevant day. More...
Love v Commissioner of State Revenue (Review and
Regulation) [2014] VCAT 476
Review and Regulation List – Taxation – Land Tax
– liability for land tax of mortgagor when mortgagee in
possession – land previously exempt from land tax because of
primary production exemption – whether primary production
exemption can apply even though land not being used for primary
production when in possession of mortgagee – meaning of
primary production exemption – Land Tax Act 2005
s.7,8,17,43,64 and 67 – Taxation Administration Act
1997 s.109 and 110. More...
Nanjor Pty Ltd v Golden Pearl Holdings Pty Ltd
(Retail Tenancies) [2014] VCAT 453
Retail Leases Act 2003, sub-para 61(1)(b); Whether Landlord has
unreasonably withheld consent to a proposed Transfer of Lease;
Whether the proposed assignee has sufficient financial resources
and business experience to meet obligations under the lease;
Applicant seeking declaration that the Respondent has acted
unreasonably and a mandatory injunction requiring the Respondent to
consent to the assignment of the Lease; Application dismissed. More...
Cases – New South Wales
Bettar v Council of the City of Sydney [2014]
NSWLEC 1070
The appeal is upheld. DEVELOPMENT APPLICATION: construction of a
residential flat building; height; internal amenity; whether the
development represents a high standard of architectural design. More...
MV Developments Pty Ltd v Manly Council [2013]
NSWLEC 1268
The appeal is upheld. DEVELOPMENT APPLICATION: demolition of
existing buildings and construction of a residential flat building;
resident objectors; impact on views; bulk and scale; impact on
visual and acoustic privacy and sunlight access of neighbours;
impact on the foreshore scenic protection area; impact on the
streetscapes of Bower Street and Marine Parade; car parking and
excavation; whether the proposal is consistent with the design
principles of SEPP 65 and the aims of SEPP 71. More...
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