Australia: Property & Projects – What's News - 19 May 2014

Last Updated: 24 May 2014
Most Read Contributor in Australia, September 2016

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). More...

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). More... More...

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). More...

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). More...

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). More...

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). More...

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). More...

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). More...

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). More...

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). More... More...

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). More...

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). More...

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. More...

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). More...

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...

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.