Australia: Property & Projects – What's News - 29 July 2014

Last Updated: 2 August 2014

Article by Steve Aitchison, Lisa Cody and Lou Farinotti

Holding Redlich

In the media – National

Mining tax remains in place
Resources companies will have to pay their next installment of the mining tax after a government bid to repeal the impost was rejected by the Senate (18 July 2014). More...

Australia's Carbon Tax Repealed
The Australian Parliament has passed legislation to repeal the carbon tax. The Senate voted 39-32 to pass eight bills repealing the Carbon Pricing Mechanism (CPM). The repeal bills passed the House of Representatives on 14 July 2014 (17 July 2014). More...

ACCC warns on carbon price cuts
The consumer watchdog has warned businesses of "serious penalties" if price cuts from the carbon tax repeal are not passed on. The ACCC has extra funding and toughened powers to act against businesses which supply electricity, gas, refrigerant gases and equipment such as refrigerators and air-conditioners which do not pass on savings (17 July 2014). More...

BP loses legal stoush over right to be green BP this month lost a legal fight to trademark a shade of the colour green in Australia. TimeBase reports the multinational petroleum giant first attempted to obtain exclusive rights to the colour as a corporate identifier back in 1991, an attempt that was blocked by Woolworths, which also wears green as its corporate badge (16 July 2014). More...

In the media – Victoria

Biomass power plant promises bright future for Mildura
A $174 million biomass power plant near Mildura is a step closer, with rezoning approval from Minister for Planning. Mr Guy today rezoned land at Carwarp for the 35-megawatt power station and approved an 18-kilometre electricity transmission line and substation to connect to the existing grid (18 July 2014). More...

Yarra River to get increased planning protection
The Yarra River upstream from the city will be protected from over development under proposed new riverside planning controls. Planning Minister Matthew Guy said these changes would introduce consistent height, setback and density controls to a 70-kilometre stretch of the river through Banyule, Manningham and Nillumbik (14 July 2014). More...

Victorian property investment promoters warned
The Minister for Consumer Affairs said Victoria's consumer watchdog was working with other Australian Consumer Law regulators to examine the practices of property investment promoters, to remind them of their responsibilities under the Australian Consumer Law (07 July 2014). More...

In the media – New South Wales

Lend Lease accredited under Lifemark Village Scheme
Lend Lease has become the first retirement village operator in Australia to be accredited under the Lifemark Village Scheme, the retirement living industry's accreditation scheme (16 July 2014). More...

Revitalising Sydney's Bay's Precinct
The Planning Minister announces a renewal program for the Sydney's inner harbour, The Bays Precinct. The NSW Government will ensure that underutilised and degraded waterfront areas in and around Blackwattle Bay, the Sydney Fish Market, Rozelle Bay, Rozelle Rail Yards, and the heritage-listed White Bay Power Station are regenerated to provide a vibrant new harbour front (18 July 2014). More...

EPA welcomes opportunity to improve management of contaminated land in NSW
The NSW Environment Protection Authority's (EPA) Director of Hazardous Incidents and Environmental Health, has welcomed the NSW Auditor-General's Report into managing contaminated sites, saying the agency was supportive of any measures that would improve approaches to contaminated land issues in NSW (10 July 2014). More...

In the media – Queensland

Developer has to pay submitters court costs
Mr Bruce Ham who opposed a multi-dwelling development in Toowong gained improvements in conditions of approval has successfully opposed the developer's costs application. The Planning and Environment Court judge decided that Mr Ham raised properly arguable, bona fide matters of town planning relevance and succeeded in changing a number of conditions of approval (18 July 2014). More...

New groundwater purchase round in the Queensland Central Condamine Alluvium
The Australian Government has announced the opening of Commonwealth groundwater purchases in the Queensland Central Condamine Alluvium. The tender for groundwater purchases in the area will open on, 21 July 2014 (15 July 2014). More...

All systems go' for Maroochydore CBD plan
Sunshine Coast Mayor Mark Jamieson says Queensland Government approval of the Maroochydore city centre development scheme is a significant milestone for the project (15 July 2014). More...

Sunshine Coast council cites near doubling of development approvals
The Sunshine Coast council says development activity in the region is at a three-year high, with more than 1,500 development lots approved in the past 12 months (10 July 2014). More...

Government plan to supercharge Queensland regions
A new regional framework has identified six priority action areas, including planning for development and infrastructure services. There will also be a new whole-of-government plan to manage Projects of Regional Significance, nine of which have been identified (09 July 2014). More...

Fair Trading fines agent for misuse of trust account monies
A Queensland real estate agent has been fined $10,000 and ordered to pay over $39,000 by the Queensland Administrative and Civil Tribunal (2 July 2014) for wrongful conversion of trust monies (July 2014). More...

ResourcesQ vision open for public comment
Queenslanders will get to have their say on the proposed 30-year ResourcesQ vision to drive economic growth and create jobs in the resources sector (07 July 2014). More...

Published – articles, papers, reports – Victoria

Protecting our capital: how climate adaptation in cities creates a resilient place for business
Author: CDP, C40 and AECOM
The report finds 76 per cent of cities reported that climate change could impact business. 75 per cent of the most severe physical risks from climate change that businesses disclose are also recognised by the relevant city and cities' actions on climate change have reduced 129 of the 194 risks reported by businesses (July 2014). More...

Fair pricing for power
Author: Grattan Institute
The report finds that a different way of charging customers could have saved network businesses nearly $8 billion in reduced investment over five years. A second tariff is recommended for households in geographic areas where the network is under greatest strain and where expensive new infrastructure will have to be built unless the strain is relieved (06 July 2014). More...

In practice and courts – National

Wet Tropics Reef Trust project: request for tender
$5 million will be used to provide financial incentives to sugar cane farmers in the Wet Tropics to improve nutrient use efficiency and farm sustainability. The closing date for applications to be the service provider for the Reef Trust tender project is 5 August 2014 (11 July 2014). More...

20 Million Trees Programme
The Government is now inviting submissions from Suitable Service Providers. Submissions received through this Request for Information process will inform a subsequent Request for Tender (RFT) process. A Request for Information on the national service provider component close on 31 July 2014. More... More...

In practice and courts – Victoria

Announcements, Draft Policies and Plans released 2014

Have your say about the Planning and Environment Regulations 2005. The department is seeking feedback on how the Planning Regulations work and how they can be improved (17 July 2014).

In practice and courts – New South Wales

NSW EPA - Public Consultation for the revision of the Guidelines on the Duty to Report Contamination under the CLM Act
The revision of the Contaminated Sites: Guidelines on the Duty to Report Contamination under the Contaminated Land Management Act 1997 (the "Duty to Report Guidelines"). The Duty to Report Guidelines have been updated to account for the amendment of the National Environment Protection (Assessment of Site Contamination) Measure 1999 which include amended and new criteria for levels of certain contaminants and must be incorporated into the Duty to Report Guidelines. The EPA would appreciate any comments on the revised Duty to Report Guidelines which are currently available on the EPA website. More....

Please submit any comments by 5pm, 8 August 2014:Online via
www.epa.nsw.gov.au/clm/140417dftclmduty.htm; via email at: contaminated.sites@epa.nsw.gov.au; or by post to:

Manager Contaminated Sites
Environment Protection Authority
PO Box A290
Sydney South NSW 1232

In practice and courts – Queensland

OSR: Updated Public Rulings for the First Home Owner Grant Act
FHOGA0005.2.5—Eligible transactions under the First Home Owner Grant Act 2000—oral contracts
This Ruling takes effect from 3 July 2014, and clarifies the circumstances in which the Commissioner will be satisfied there is an eligible transaction that has been completed where there is no written contract.

FHOGA015.1.2—Residence requirements
This Ruling takes effect from 1 July 2014, and clarifies the evidence the Commissioner will consider when making a decision about whether an applicant occupied a relevant home as their principal place of residence (16 July 2014). More...
Land Title Registry Alert: Property Information (Transfer) New version of Form 24
The Form 24— Property Information (Transfer) (Version 5) will continue to be accepted at lodgement up until 30 September 2014 after which time only the new Version 6 will be accepted. More...

Queensland State Land Review: discussion paper
The review will focus on: improving investment certainty for business and residential leaseholders by providing them with greater flexibility to allow the leased land to be used by third parties; providing greater flexibility to local government as managers of state land and streamlining government administration of state land. Submissions close on 31 August 2014. More...

Cases – Victoria

Moira SC v Sidebottom Group Pty Ltd & Ors [2014] VCAT 801
Unlawful use for materials recycling, in breach of endorsed plans to planning permit TP0700182 and/or clauses 33.01 and 35.07 of the Moira Planning Scheme. The responsible authority must serve a copy of the enforcement orders on each respondent, in accordance with s 140 of the Victorian Civil and Administrative Tribunal Act 1998. More...

Taylor v Taylor (Real Property) [2014] VCAT 796
CO-OWNERSHIP –Part IV of the Property Law Act 1958, whether express trust established, whether resulting trust created; whether presumption of advancement displaced. Factors to consider if domestic arrangement intended to be legally binding. More...

Legislation - National

Commonwealth

Regulations

Carbon Credits (Carbon Farming Initiative) (Sequestering Carbon in Soils in Grazing Systems) Methodology Determination 2014
This determination sets out detailed rules for implementing and monitoring offsets projects that sequester carbon in soils in livestock grazing systems. Registered 15 Jul 2014.

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