In the media –National
Agriculture Green Paper: dams, supermarkets, investment
and infrastructure
The Federal Government's Green Paper on competitiveness in
agriculture, launched at the National Farmers' Federation
Congress, details plans for more dams and water infrastructure as
well as changes to the way supermarkets and farmers interact (20
October 2014).
More...
Renewed funding continues work on bores
Remote communities will benefit from the Australian
Government's announcement of $15.9 million to extend the
Great Artesian Basin Sustainability Initiative (GABSI) for
a further three years.The program provides funding support to
repair uncontrolled bores that threaten the long-term viability of
the Great Artesian Basin (16 October 2014).
More...
In the media – Victoria
Zone reforms pave the way for ALDI
expansion
Planning Minister Matthew Guy opened ALDI's newest
supermarket, in Melbourne's south eastern suburbs, highlighting
the importance of planning zone reform in encouraging business
investment and job growth for Victoria (22 October 2014).
More...
Estate agent licensing reforms for large commercial
property
The Victorian Coalition Government has confirmed that it is
proceeding with its policy to remove the requirement for those
involved in large commercial property transactions to hold a
licence under the Estate Agents Act 1980 (Act), while maintaining
appropriate consumer protections for buyers and sellers of property
in Victoria. The reforms will apply to properties that have sale
contract prices of over $15 million, or are larger than 10,000
square metres in gross floor area, or where each party to the sale
owns real estate with a market value of more than $15 million
dollars or GFA of over 10,000 sq m. (20 October 2014).
More...
In the media – New South Wales
Sydney CBD office demand in growth phase
The DEXUS Office Demand Barometer rose from 1.5 per cent to 1.9
per cent during the September quarter, indicating that Sydney CBD
office demand has entered its growth phase (20 October 2014).
More...
New court powers to hit environmental offender's
bottom lines
The NSW Government will introduce laws to give the Land and
Environment Court the power to impose tough new sanctions on those
who breach development conditions and damage the environment. The
proposed amendments will give the Court remedial actions on top of
fines when miners, developers and other commercial operators are
found guilty of breaching development consent conditions (18
October 2014).
More...
High housing starts supporting a strong NSW
economy
Treasurer Andrew Constance and Minister for Planning Pru Goward,
said the NSW Government was successfully recharging the State's
housing market with official Australian Bureau of Statistics
figures revealing the highest number of housing starts since
2002-03 (15 October 2014).
More...
New penalties for planning breaches to be toughest in
Australia
The NSW Government will introduce new laws to crack down on
companies and individuals which breach planning rules. The new
penalties for breaches of planning laws will now be the toughest in
Australia, with a maximum penalty of $5 million for companies and
$1 million for individuals (13 October 2014).
More...
In the media – Queensland
29 rateable local government areas to receive annual
land valuations in 2015
More than one million landowners in 29 of Queensland's 62
rateable local government areas (LGAs) will receive new land
valuations in 2015. The decision to value the 29 rateable LGAs
follows consultation with local governments, local groups and
industry stakeholders and an evaluation of property market survey
reports (23 October 2014).
More...
Tender process to address Toowoomba second range
crossing design concerns: Seeney
Deputy Premier Jeff Seeney says the tendering process will iron
out any flaws in the design of the Toowoomba second range crossing.
A new planning scheme would determine if the Lockyer Valley was
protected from coal seam gas (CSG) activity (23 October 2014).
More...
Have your say on Queensland's biosecurity
regulations
Farmers, landowners and community members are invited to comment
on new biosecurity regulations to protect the agricultural sector
and our environment. The regulations would underpin the new
Biosecurity Act 2014 passed by Parliament earlier this year (16
October 2014).
More...
Published –articles, papers, reports – New South Wales
Builders' liability to Owners Corporations: the
recent High Court decision
NSW Parliamentary Research Service
This e-brief provides a summary of the High Court decision and the
stakeholder reaction to it. It also explores the possible
relationship between the decision and the amendments to the
Home Building Act 1989 which are about to come into force
(October 2014).
More...
Legislation –New South Wales
Amendment by the Environmental Planning and Assessment
Amendment Bill 2014 (NSW)
The Environmental Planning and Assessment Amendment Bill
2014 (NSW) proposes to amend the legislation listed below.
The Bill was introduced into the Legislative Assembly and received
its second reading speech on 22 October 2014. According to the
explanatory memorandum, the objectives of the Bill include to:
- substantially increase the maximum penalties for offences against the Environmental Planning and Assessment Act 1979 No. 203 (NSW) ("the Act") and the Environmental Planning and Assessment Regulation 2000 No. 557 (NSW) ("the Regulation"), including to prescribe a maximum penalty of $5 million in the case of a corporation or $1 million in the case of an individual and additional daily penalties for an intentional offence that caused or as likely to cause significant harm to the environment or cause the death of or serious injury or illness to a person
- create additional offences, including for providing false or misleading information in connection with planning matters
- consolidate and expand the investigative powers of council and Departmental officers for the enforcement of the Act
- amend the Subordinate Legislation Act 1989 No.146 (NSW) to further postpone the staged repeal of the Regulation
- require the Secretary of the Department to establish and facilitate the online delivery of planning services and information, including to enable planning applications to be lodged and dealt with online, and to facilitate public access to planning information
- make other related amendments, including to update references to the "Director-General of the Department", to the "Secretary of the Department", and to clarify the obligation of directors of corporations to declare political donations in connection with planning matters.
This affects the following legislation: Environmental Planning and Assessment Act 1979 No. 203.
Cases –Victoria
Epping Hotels Pty Ltd v Serene Hotels Pty Ltd
[2014] VSC 526
LANDLORD AND TENANT - Retail premises lease - Hotel and licensed
gaming premises - Rent review based on current market rent - Rent
determination by specialist retail valuer - Statutory requirement
that valuer disregard "the value of tenant's fixtures and
fittings" - Valuation methodology based on sitting
tenant's turnover and trading ? Whether such approach involved
the value of tenant's fixtures and fittings - Leave to appeal
order of VCAT granted- -Retail Leases Act 2003 (Vic),
s37(2). LANDLORD AND TENANT - Rent review based on current market
rent ? Rent determination by specialist retail valuer -Publication
of "speaking" valuation report - Legal challenge to
valuation by tenant - Publication of supplementary report at
request of landlord - Tribunal unwilling to consider supplementary
report - Leave to appeal granted. More...
Frontlink Pty Ltd v Commissioner of State Revenue
(Review and Regulation) [2014] VCAT 1213
Review and Regulation List – Land Tax – Primary
Production Exemption –meaning of "primary
production" – land not used for maintaining cattle for
sale or their natural increase – land not used primarily for
primary production – Land Tax Act 2005 s.64(1) and s.66 and
Taxation Administration Act 1997s.110. The 2009 Land Tax Assessment
in respect of the land, is varied from $118,273.50 to $94,725.00.
More...
Cases –Queensland
Bakers Creek Developments P/L atf for Bakers Creek
Trust v Pacific Homes (Mackay) P/L& Anor [2014] QDC
237
PRACTICE & PROCEDURE – CONTRACTS – BREACH –
SPECIFIC PERFORMANCE - whether first defendant in breach of three
contracts as buyer of residential land – failure to complete
in time – whether willing or able – alleged oral terms
prior to execution of written contracts that are contrary to
written terms – both parties legally represented at material
times – no allegation by first defendant of any misleading or
deceptive conduct by plaintiff – no equitable defence –
no hardship made out – where second defendant on behalf of
first defendant has not fully disclosed financial circumstances
– where plaintiff has shown prima facie that first defendant
and arguably second defendant had financial resources not disclosed
– where onus of proof of hardship not discharged –
whether specific performance should be granted. PRACTICE &
PROCEDURE – SUMMARY JUDGMENT APPLICATION – whether any
real prospect of first defendant successfully defending all or part
of plaintiff's claim – whether there is a need for a
trial of the claim or part of the claim – where first
defendant in clear breach of the contracts – we know defence
made out – whether summary judgment appropriate to bring
dispute to finality. More...
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.
