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...


Mildura C88 Facilitates the use and development of a bioenergy power station in Carwarp West Road, Carwarp, as well as associated infrastructure including a 66kV, 15.5km electricity transmission line and substation.

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.

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”

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
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 you may opt out by clicking here

    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.

    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.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    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.

    By clicking Register you state you have read and agree to our Terms and Conditions