Australia: Property & Projects – What's News - 25 August 2014

In the media - National

ARENA announces $4.6m for remote solar farm
The Australian Renewable Energy Agency has announced $4.6 million for an $11.9 million renewable energy project, set to deliver benefits for a remote Aboriginal community in north-western Queensland. This is the first project to be funded through ARENA's Community and Regional Renewable Energy program (15 August 2014). More...

Flaws in the glass compromise energy efficiency, budgets & safety
The development industry is awash with non-compliant glazing that compromises energy efficiency ratings, with multiple cases of fraudulent compliance paper works and at least six of these cases in court, according to The Australian Windows Association (14 August 2014). More...

ACCC issues carbon tax substantiation notices
The ACCC has this week issued over 250 carbon tax removal substantiation notices to certain suppliers of regulated goods following the repeal of the carbon tax. Each of these businesses is also required to provide the ACCC with a carbon tax removal substantiation statement by 18 August 2014 and to publish them on their websites until 30 June 2015 (08 August 2014). More...

AGL and CSIRO explore low-energy CO2 capture
AGL has established a syndicate to explore a lower-cost process to capture CO2 from brown coal-fired power stations. Brown Coal Innovation Australia (BCIA) today announced it would provide $650,000 towards the $5 million project, which will capture up to half a tonne of CO2 each day (05 August 2014). More...

In the media – Victoria

Court action on Gayle Stewart
The Victorian Civil and Administrative Tribunal (VCAT) has suspended the estate agent's licence of Gayle Stewart until January 2015. Ms Stewart was Officer in Effective Control (OIEC) of 11th Empire Pty Ltd, which traded as LJ Hooker Langwarrin (11 August 2014). More...

New rules to protect music venues from noise complaints
Residential developers building next to existing live music venues will have to foot the bill for sound-proofing under new planning changes to be introduced by the Victorian Government. The "agent of change" principle, which will also apply to new music venues, will put the responsibility of noise mitigation on the new development (04 August 2014). More...

In the media – New South Wales

Water innovation securing Sydney Water supply
Close to one million litres of water will be saved every day as a result of a ground-breaking partnership between the private sector and Sydney Water at the new residential and commercial development at Central Park Broadway (14 August 2014). More...

Fixing the M4: key milestones in delivering Westconnex
Federal Assistant Minister for Infrastructure Jamie Briggs and NSW Roads Minister Duncan Gay today announced key milestones in the delivery of the world class motorway for Sydney including the release of the M4 Widening Environmental Impact Statement (12 August 2014). More...

Getting tough on petrol station contamination
The NSW Environment Protection Authority has put petrol station owners on notice - announcing a round of inspections of underground petrol storage systems, as part of a month-long compliance campaign in the Wyong local government area (12 August 2014). More...

State looks to sell prime land in Glebe
The NSW Government is calling for interested parties looking to purchase a significant land holding in the heart of Glebe. The sale of the former juvenile detention centre in the heart of Glebe will deliver dividends for NSW taxpayers ensuring that government owned property assets are put to the best possible use (11 August 2014). More...

New homes to be delivered alongside transport upgrades
The NSW Government has paved the way for a brand new suburb alongside the $2.1 billion South West Rail Link, with today's rezoning finalising the broader East Leppington Precinct which in total will deliver up to 4,450 new dwellings for around 14,700 residents (08 August 2014). More...

Development around North West Rail Link stations need urban density and appropriate height
The detailed planning of development potential in the three Urban Activation Precincts along the North West Rail Link must consider robust urban densities and buildings of appropriate height, says the Urban Taskforce (04 August 2014). More...

In the media – Queensland

New Water for Queensland map to strengthen economy
The Natural Resources Minister announces the launch of the interactive online Water for Queensland map and to invite project backers to register their interest in accessing the unallocated water. Queensland has 1,321,543 megalitres of unallocated water held as general reserves in catchments that are managed through water resource plans (15 August 2014). More...

Major Galilee Basin rail line receives state approval
Proponents Adani must develop an agreement with each affected landholder that stipulates how access will be maintained to homesteads, stock feeding areas and water supply. The company must also submit final rail design and revised flood modelling to the Coordinator-General for approval before construction commences (14 August 2014). More...

Published – articles, papers, reports – National

Residential property price indexes: eight capital cities, Jun 2014
Author: Australian Bureau of Statistics The Residential Property Price Index for the weighted average of the eight capital cities increased 10.1 per cent in the past year, according to this release (12 August 2014). More...

Published – articles, papers, reports – Queensland

Great Barrier Reef coastal zone strategic assessment: supplementary report
Author: Department of State Development, Infrastructure and Planning (Queensland)
Provides information on the Great Barrier Reef coastal zone strategic assessment as part of a public consultation, Queensland's assessment takes a 'systems' level approach and provides a broad landscape scale assessment of the state's legislation, policies, plans and programs (the Program) (13 August 2014). More...

In practice and courts – Victoria

Liable Entities Public Information Database (LEPID) updates

8 August 2014 - 2012-13 LEPID updated
The Liable Entities Public Information Database (LEPID) for the 2012-13 financial year has been updated to include information about changes to emission numbers and a final unit shortfall charge. More...

Approvals

In practice and courts – New South Wales

NABERS Indoor Environment (IE) enhancements: industry comment
The enhancements to NABERS Indoor Environment (IE) are out for industry consultation. NABERS is seeking broader feedback on these proposals as well as on further ideas to enhance, streamline and add value to NABERS IE ratings. The Consultation Paper can be found here. The consultation closes on 18 August 2014 (05 August 2014).

Announcements, Draft Policies and Plans released 2014

IPART: Review of Sydney Water's Operating Licence
IPART is calling for public submissions on ways to improve Sydney Water's operating licence. As part of the review IPART have released an Issues Paper, which outlines the current licence requirements, and identifies key issues for stakeholder consideration and response. IPART is calling for public submissions to the Issues Paper. Submissions close on 20 August 2014.

In practice and courts – Queensland

Announcements, Draft Policies and Plans released 2014

Planning and Development Bill and Planning and Environment Court Bill: consultation
The Planning and Development Bill will replace the Sustainable Planning Act 2009, and aims to reduce over-regulation, red tape and excessive timeframes. The draft Bill and the consultation draft for the Planning and Environment Court Bill are available for comment from 1 August to 26 September. More... More...

DNRM assessable vegetation codes effective on August 8, 2014
The codes are: South East Queensland thinning, Brigalow/Desert Uplands/Central Queensland thinning, Mitchell Grass downs/Channel Country thinning, Environmental works, North Queensland thinning and Extractive industry. More...

Cases – Victoria

BEG Development Pty Ltd v Yarra CC [2014] VCAT 942
Section 79 of the Planning & Environment Act 1987; Yarra Planning Scheme; whether a strategic redevelopment site surrounded by low scale development should be developed to eight storeys; whether proposal needs to respect the existing neighbourhood character; off-site amenity impacts of higher density housing; car parking and traffic impacts of higher density housing. More...

Pileggi v Macedon Ranges SC [2014] VCAT 906
Section 149A of the Planning and Environment Act 1987; Macedon Ranges Planning Scheme; existing uses of site of a dwelling and agricultural production (olives), proposal that coffee and light food refreshments be offered on an 'ancillary' basis to customers visiting the site on weekends to taste the olive products, consideration of 'ancillary use' principles. More...

Cases – New South Wales

TMG Developments Pty Ltd v Roads and Maritime Services [2014] NSWLEC 117
Determination of compensation in the sum of $15,324,830 for the compulsory acquisition of the applicant's land. The respondent is to pay the applicant's costs. COMPULSORY ACQUISITION - compensation - applicant was lessee from respondent government agency under 99 year headlease of Manly Wharf complex comprising a ferry terminal, eastern pier and retail centre - respondent compulsorily acquired applicant's headlease interest in ferry terminal and eastern pier leaving applicant with retail centre residue - ultimate valuation issue is value of applicant's acquired headlease interest as at the 2012 acquisition date - valuation methodology capitalisation of net income in before and after acquisition scenarios - numerous issues - main sub issue: annual market rental value of the terminal under a 50 year terminal sublease by respondent to applicant as at 2011 date for rent review, which did not proceed because of the proposal to carry out the public purpose of the acquisition - gross income, outgoings and capitalisation rate all in issue - whether (as applicant contends) terminal rent at 2011 rent review date should be assessed by the comparable transactions method referable to wharf access fees paid by two fast ferry operators at Manly, or (as respondent contends) on depreciated replacement cost method - if the former, appropriate adjustments - if the latter, assessment of value of land and improvements and fair rate of return - assessment of headlease rental outgoing by reference to rent review in 2015 - assessment of other outgoings - assessment of appropriate capitalisation rate - dual rate capitalisation for sinking fund. More...

Legislation – New South Wales

Bills introduced Government

Protection of the Environment Legislation Amendment Bill 2014
The Bill was introduced into the Legislative Assembly and received its second reading speech on 12 August 2014. The legislation includes: clearer, stronger and more consistent penalties for offences under the POEO Act to deter contamination and radiation offences, and increased penalties for the Contaminated Land Management Act for corporations responsible for contamination who fail to comply with an EPA direction. Current maximum: $137,500 Proposed maximum: $1,000,000.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.