Australia: Construction & Infrastructure - What's News - 9 December 2014

Last Updated: 16 December 2014
Article by Stephen Natoli, Tony Britt and Troy Lewis

Most Read Contributor in Australia, August 2019

In the media


Market Report: Boom Times in Housing Construction
While aggregate activity in the housing sector in Australia is likely at or near its peak, it appears strong conditions in the market for new housing construction are set to continue for some time and the market for home renovations is likely to improve from a low base (05 December 2014). More...

Not All Suppliers Benefiting From Housing Boom
Not all suppliers are benefiting equally from the current boom in housing construction, a key consulting team in Australia says. BIS Shrapnel acknowledges that the current upswing in new housing construction is boosting the fortunes of the majority of suppliers (05 December 2014). More...

Environmental assessment for Western Sydney airport
A new environmental assessment process for the proposed Western Sydney airport at Badgerys Creek kicks off today with a Referral formally submitted to Environment Minister Greg Hunt (04 December 2014). More...

Release of infrastructure planning and procurement report
With the population set to grow, reforming the planning, procurement and funding of infrastructure is vital if Australians want to maintain their high standard of living, a new report released today finds. The House of Representatives Infrastructure Committee report makes ten recommendations (04 December 2014). More...

New infrastructure guidelines for BIM
The federal government and the building and construction industry have released new Building Information Models (BIM) guidelines to ensure the integrity of Australia's major infrastructure projects (04 December 2014). More...

New govt and industry resource on PTI and BIM
In a national first, government and the building and construction industry today released a national Framework elevating project team integration and building information modelling to the national stage (02 December 2014). More...

State compliance with revised building code a condition for Commonwealth funding
The Federal Government has announced a revised advance release of the Building and Construction (Fair and Lawful Building Sites) Industry Code. The revised Code, is said to have been strengthened and enhanced in response to further feedback from stakeholders, including unions and employers (04 December 2014). More...

New members appointed to Infrastructure Australia Board
Mr John Ellice-Flint and Ms Gabrielle Trainor have been appointed to the Infrastructure Australia (IA) Board, commencing their three-year terms on the IA Board immediately (02 December 2014). More...

Fixing Australia's infrastructure system
The Australian Government announces its response to the Productivity Commission's inquiry into Public Infrastructure. The wide ranging Inquiry was a comprehensive investigation of the assessment, selection, finance and delivery of major economic infrastructure (01 December 2014). More...

New UDIA Report Outlines Solutions to Australia's Housing Problems
The Urban Development Institute of Australia's (UDIA) new National Policy Agenda identifies four key areas for reform – taxation, red tape, infrastructure, and planning – to help boost new home construction, and ease housing affordability pressures (28 November 2014). More...

Building industry looks to a future of IR harmony
Manufacturers who supply the building and construction industries face the same macro-economic headwinds as other Australian manufacturers, with incomparable trade union impediments to productivity including unrestrained industrial disruptions, unproductive labour entitlements and anti-competitive penalty rates (28 November 2014). More...

Faulty building products major focus of govt roundtable
The Federal Government has made moves to focus attention on the problem of poor building product compliance, which is being increasingly experienced by builders and home owners (27 November 2014). More...

Coalition Government acts to address use of faulty building products in construction industry
The Parliamentary Secretary to the Minister for Industry, has convened a national meeting with building industry leaders to address the influx of non-conforming building products flooding the Australian market. A recent Australian Industry Group survey also found that 92 per cent of builders surveyed had been offered faulty materials or products to buy (26 November 2014). More...


Premier Daniel Andrews finalises ministers' portfolios
The new Premier, Daniel Andrews, will personally oversee the sale of the Port of Melbourne, the set-up of Infrastructure Victoria – the body to plan major capital projects beyond the election cycle – and Projects Victoria that will oversee projects are kept on track (04 December 2014). More...

Feasibility team appointed for Melbourne runway expansion
Melbourne Airport has appointed a group of firms headed by New Zealand based engineering company Beca as the feasibility design consultants for the planned runway development program. The team includes Arup, Golder Associates and Atkins (02 December 2014). More...

Boycott safeguards are 'inadequate' Boral says
The Boral submission argues there is a "clear basis" for reforms to sanctions and enforcement. It calls for three specific reforms on sanctions and five reforms on enforcement. Among the enforcement measures, it wants a "clear statutory obligation" to report suspected secondary boycott conduct (26 November 2014). More...

New South Wales

Moorebank freight hub to ease congestion
The national infrastructure sector welcomed the agreement between the Commonwealth and the Sydney Intermodal Terminal Alliance to develop the Moorebank intermodal freight hub in Sydney's South West (05 December 2014). More...

Route change for WestConnex tunnel
A tunnel planned as part of Sydney's $13 billion WestConnex motorway project will be around 1 km longer than originally announced, but the extension is not expected to add additional cost, according to the NSW minister for roads Duncan Gay (04 December 2014). More...

Consortia shortlist for Pacific Highway upgrade
Three consortia have been shortlisted to tender for the contract to deliver the final 155 km of the Pacific Highway upgrade between Woolgoolga and Ballina (02 December 2014). More...

$19 bn infrastructure shopping list for NSW
A $4.5 bn Western Harbour Tunnel, $6.3 bn to expedite critical motorways and a $2 bn freight road corridor program are some of the infrastructure the state wants built over the next 20 years (28 November 2014). More...

NSW roads minister makes case for WestConnex project
Duncan Gay says the WestConnex project will help deliver a "quantum leap" in Sydney's economic growth. The planned WestConnex motorway project – in effect a widening, extension, and linking of the existing M4 and M5 motorways (26 November 2014). More...

NSW repowers infrastructure pipeline
The planned lease of the electricity poles and wires is allowing NSW to plan for 'breakthrough' transport projects, outlined in today's State Infrastructure Strategy, says Infrastructure Partnerships Australia (25 November 2014). More...


New tax offset for exploration legislation developed
The Government is launching an Exploration Development Incentive to help boost exploration for new mineral deposits. The legislation, which was brought in to parliament yesterday, looked to support junior miners and explorers in greenfield activities (05 December 2014). More...

Land Sales and Other Legislation Amendment Act 2014 effective from 01 December 2014
While the legislation is primarily of interest for developers, builders will benefit as land and off-the-plan developments can be delivered more quickly and with lower costs. Builders should also be aware that a buyer's right to terminate will no longer be based on there being a 'significant variation' but rather evidence of 'material prejudice' (05 December 2014). More...

Queensland parliament to debate wide-ranging water reforms
The Water Reform Amendment Bill was introduced to streamline existing water laws and accelerate the expansion of water markets across the state. The Bill also provides resources companies with a statutory right to take water for mining-related activities, instead of going through the current licence approval process (25 November 2014). More...

Published – articles, papers, reports

National State of the Assets 2014: Executive Summary - ALGA: November 2014
The 2014 National State of the Assets Report for local road infrastructure summarises the outcomes of the data provided by 396 local governments across Australia with $104.8 billion in local roads under management and assesses the current position of councils in relation to implementation of Asset Management and Long Term Financial Plans. More... More...

BREE: Resources and Energy Major Projects—October 2014
Over the past six months, five resources and energy projects worth a combined $1.2 billion were completed in Australia. Developers are reassessing their plans and considering less capital intensive options to improve the economics of their projects (26 November 2014). More...

BREE: Gas Market Report 2014
Global liquefied natural gas (LNG) trade is booming, and Australia will play a growing role in the Asian market despite increasing competition and cost pressures (26 November 2014). More...

Australian Bureau of Statistics

26 November 2014 - Construction Work Done, Australia, Preliminary, Sep 2014 (cat no. 8755.0).

02 December 2014- Building Approvals, Australia, Oct 2014 (cat no. 8731.0).

01 December 2014 - Mineral and Petroleum Exploration, Australia, Sep 2014 (cat no. 8412.0).

The Equator Principles of financing of coal projects in the Galilee Basin
Australian Conservation Foundation; 25 November 2014
The report finds the environmental impacts of the proposed projects would be adverse and irreversible - and concludes that signatories to the Equator Principles should not finance them. More...

Practice and courts

Minister Statement: Launch of the Framework for the Adoption of Project Team Integration and Building Information Modelling (BIM)
By providing consistent procedures and protocols, the framework ensures BIM can be consistently applied on projects and its data shared among all project parties. The framework's explanation of the challenges that project teams can face in implementing BIM is also valuable (02 December 2014). More...

Fair Trading: Response to Brookfield Multiplex High Court case
The NSW Fair Trading Minister has consumers that their protections and rights would remain intact under the new home building reforms, despite the outcome of the Brookfield Multiplex High Court decision (Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288) The High Court ruled that Brookfield Multiplex was not liable to an owners corporation for alleged building defects in a commercial development (24 November 2014). More...

Dispute resolution
Australasia's two largest membership organisations for ADR practitioners, LEADR and the Institute of Arbitrators and Mediators Australia (IAMA) made the historic decision to become a single entity. The members of both organisations voted overwhelmingly to proceed to a single, integrated body on 1 January 2015. More...

The Fair and Lawful Building Sites Code
This will come into effect and apply to all Commonwealth Government-funded construction following the passage of the legislation to re-establish the Australian Building and Construction Commission. More... More...

Principles and guidelines to assess the provision of Government services at new Australian international airports - public consultation
Submissions close 16 January 2015. More...

NSW: Mutual Recognition (Automatic Licensed Occupations Recognition) Act 2014
The Mutual Recognition (Automatic Licensed Occupations Recognition) Act 2014 will allow certain licensed occupations, such as electricians to carry out their trade in NSW on the basis of the licence they held in their home state from 01 December 2014 (28 November 2014). More...

QLD: Ports Bill to support DSDIP strategy
The Queensland Ports Strategy (QPS) has been supported by the introduction of the Ports Bill 2014 into Parliament. The QPS sets the direction for how future port developments will occur in Queensland through major reform to port planning, governance, environmental management and supply chain connections. The Ports Bill 2014 implements the policy intent of the QPS and provides the legislative framework for the establishment of Priority Port Development Areas (26 November 2014). More...

QLD: Building and Construction Industry Payments Amendment Act 2014
Building and Construction Industry Payments Amendment Act 2014 was assented to on 26 September 2014. After further consultation with the QLS, over definition of 'business day' for those in the construction and resources sector over the Christmas period Society, changes to the legislation were introduced and passed with amendment by Parliament on 26 November 2014

VWA Safety Soapbox 26 November 2014
In this edition Steve Darnley discusses the dangers of snakes on construction sites – particularly in hot weather. The newsletter also has news on safety recalls, various activities, prosecutions in other jurisdictions, and its regular 'Absolute Shocker', which this week is on nail guns. More...

New Safety Standards

AS 4024.1-2014 Series: Safety of Machinery: Standards Australia
AS 4024.1-2014, Safety of machinery series contains 25 Parts that are European (EN) and Internationally-based (ISO) safety and design Standards with some modifications to meet Australia's tough safety practices and regulations. More...

AS 1735.14-1998 Rul 1:2014
Lifts, escalators and moving walks - Low rise platforms for passengers (Ruling to AS 1735.14-1998): Standards Australia.

AS ISO 2631.2:2014
Mechanical vibration and shock - Evaluation of human exposure to whole-body vibration - Vibration in buildings (1 Hz to 80 Hz): Standards Australia.

AS/NZS 3133:2013/Amdt 1:2014
Approval and test specification - Air-break switches: Standards Australia.

AS/NZS 4024.1100:2014
Safety of machinery - Application guide: Standards Australia.


Director of the Fair Work Building Industry Inspectorate v Bavco Pty Ltd & Ors (No.2) [2014] FCCA 2712
Sham contracting – whether employer can prove it did not know and was not reckless in not knowing that workers it employed were employed under contracts of employment rather than under contracts for services – meaning of "not know" as used in s.357(2) of the Fair Work Act 2009 (Act) – meaning of "not reckless" as used in s.357(2) of the Act – whether "reckless" as used in s.357(2) of the Act imports an objective standard – whether "reckless" means careless or incautious – whether "reckless" instead means advertence by the employer of the possibility that the worker is engaged under a contract of employment and the employer being indifferent about or not caring whether or not the worker is engaged under a contract of employment. More...

Cavasinni Constructions Pty Ltd v New South Wales Land and Housing Corporation [2014] NSWSC 1678
BUILDING AND CONSTRUCTION - Home Building Act 1989 (NSW) s 7C makes void a provision in contract requiring disputes under contract to be referred to arbitration - whether whole or only part of agreed dispute resolution regime is such a provision - whether other parts of regime remain effective – severance. ARBITRATION - agreed dispute resolution regime containing provision requiring disputes to be referred to arbitration - provision rendered void by statute - whether other parts of regime remain effective - severance CONTRACTS - illegality - provision requiring disputes under contract to be referred to arbitration - provision rendered void by statute - whether other parts of regime effective - severance PRACTICE AND PROCEDURE - civil - stay of proceedings - agreement providing for disputes to be determined in accordance with regime involving expert determination - proceedings commenced contrary to agreement - dispute simultaneously the subject of court proceedings and expert determination - stay granted. More...

Hunter Quarries Pty Ltd v State of New South Wales (Department of Trade & Investment) [2014] NSWSC 1580
ADMINISTRATIVE LAW - declaratory relief - proper construction of the Work Health and Safety Act 2011 (NSW) - order sought restraining inspectors appointed under the Mine Health and Safety Act 2004 (NSW) and/or Work Health and Safety (Mines) Act 2013 (NSW) from obtaining information by exercise of powers granted under s 171 of the Work Health and Safety Act - competing constructions of the Work Health and Safety Act - how s 155 and s 171 of the Work Health and Safety Act must be constructed - relevant rules of statutory construction - relief sought not granted - summons dismissed. More...

Hunter Quarries Pty Ltd v State of New South Wales (Department of Trade & Investment) (No 2) [2014] NSWSC 1663
JUDGMENTS - power to vary - slip rule - Uniform Civil Procedure Rules 2005 r 36.16 and r 36.17 - no dispute between parties as to error - error has no impact on conclusions the conclusions reached - judgment corrected. More...

CMF Projects Pty Ltd v Riggall & Anor [2014] QCA 318
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – REMUNERATION – RECOVERY ON QUANTUM MERUIT – IN GENERAL – where the home owner respondents entered into an agreement with the builder appellant to renovate the former's home – where the contract was a "cost plus contract" for the purposes of the Domestic Building Contracts Act 2000 (Qld) ("DBCA") – where the appellant carried out the work between 10 June 2011 and 2 May 2012 – where the respondents made payments on 10 progress claims totalling $1,938,932 – where in October 2013 the appellant commenced proceedings against the respondents for an outstanding sum of $182,252 – where the respondents defended the action on the basis that the agreement was unenforceable for non-compliance with the DBCA – where the appellant filed an amended statement of claim pleading quantum meruit – where the learned primary judge struck out the amended statement of claim – whether the provisions of the DBCA preclude an action based on quantum meruit. PROCEDURE – COSTS – POWERS OF COURT – ORDER FOR COSTS ON INDEMNITY BASIS – where the learned primary judge ordered the appellant to pay the respondents' costs of the application on the indemnity basis – whether the quantum meruit argument was unreasonably maintained. More...

Lean Field Developments Pty Ltd v E & I Global Solutions (Aust) Pty Ltd & Anor [2014] QSC 293
CONTRACT – BUILDING, ENGINEERING AND RELATED CONTRACT – REMUNERATION – STATUTORY REGULATION OF ENTITLEMENT AND RECOVERY OF PROGRESS PAYMENTS –where the applicant seeks a declaration that an adjudication decision is void by reason of jurisdictional error – where applicant submits that no reference date accrued pursuant to Building and Construction Industry Payments Act 2004 (Qld) – where the contract required submission of a draft payment claim before payment claim could be made – where on numerous previous occasions the applicant paid without requiring the submission of a draft payment claim – whether the accrual of a reference date can be made conditional – whether a condition which prevents a statutory entitlement from accruing is rendered ineffective by section 99 of the Act – whether the applicant had waived its right to require a draft payment claim – whether the applicant was estopped from relying on the clause requiring a draft payment claim. More...

Veolia Energy Technical Services Pty Ltd v FKP Hayman Pty Ltd [2014] QDC 267
CONTRACTS - BUILDING, ENGINEERING AND RELATED CONTRACTS - STATUTORY REGULATION OF ENTITLEMENT TO RECOVERY OF PROGRESS PAYMENTS - PAYMENT CLAIMS - Recovery of debt -Application under s19 of Building Construction Industry Payments Act - Whether valid payment claims were made under s17 of the Act - Whether valid payment schedules were served. More...

Nichols v Earth Spirit Home Pty Ltd [2014] QCAT 575
COSTS – WHERE claim for return of funds in Master Builders Association and counter claim for monies owing under an oral contract – WHERE matters of credit at issue – WHERE builder wholly successful – WHERE payment of monies owing ordered with interest and costs made in favour of the builder – WHERE on appeal the matter was remitted to determine again the issue of costs – WHETHER costs should be awarded on indemnity basis. Lyons v Dreamstarter Pty Ltd [2011] QCATA 142 Lyons v Dreamstarter Pty Ltd [2012] QCATA 071 Leichardt Municipal Council v Green [2004] NSWCA 341 Commonwealth of Australia v Gretton [2008] NSWCA 117 Todrell Pty Ltd v Finch and Ors [2007] QSC 386 Blagojevch v Australian Industrial Relations Commission [2000] FCA 483 Vieira v O'Shea (No 2) [2012] NSWCA 121 Palmolive v Cussons [1993] FCA 536 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) (2005) 13 VR 435 Oversea-Chinese Banking Corporation v Richfield Investments Pty Ltd [2005] NSWCA 69. More...

McBain v Queensland Building Services Authority [2014] QCAT 574
ADMINISTRATIVE REVIEW – defective building work – decision not to issue a direction to rectify defective building work – whether decision was reasonable. Pappas v Queensland Building Services Authority [2002] QDC 290 Birrell v Queensland Building Services Authority [2013] QCAT 56. More...

Queensland Building and Construction Commission v Reay Enterprises Pty Ltd [2014] QCAT 573

Licensee exceeding Allowable Annual Turnover (AATO) - three breaches - warning letter - failure to adequately monitor – inadequate financial controls - significant breach of financial obligations regardless of precise categorisation of size of company. More...

Sino Iron Pty Ltd & Anor v Palmer & Anor [2014] QSC 287
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND GENERALLY – PLEADING – DEFENCE AND COUNTERCLAIM – where the defendants sought to raise an unclean hands defence to the plaintiffs' breach of trust claim – where the defendants allege breaches of contract by the plaintiffs, that the plaintiffs' purpose is to deprive a third party company of the benefit of a contract forming the basis of the trust and that the plaintiffs' purpose is to apply illegitimate commercial pressure to the first defendant – where the plaintiffs applied to have the relevant paragraphs of the defence struck out under UCPR r 171 – where certain paragraphs of the defence do not comply with UCPR r 150(2) – whether there is an arguable defence of unclean hands – whether certain paragraphs should be struck out as failing to adequately particularise allegations of fraudulent conduct. More...

Queensland Building and Construction Commission v Arthurs [2014] QCA 307
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF COURT – GENERALLY – where the respondent was a registered builder – where the respondent was a shareholder in a company that had a liquidator appointed – where the applicant cancelled the respondent's builder's license because they determined him to be an "excluded individual" – where the respondent's license was reinstated by the Appeal Tribunal of the Queensland Civil and Administrative Tribunal – where leave to appeal is only open on questions of law and by leave of the Court – where the applicant contends that Appeal Tribunal misconstrued the definition of "influential person" – whether an error of law has occurred - leave to appeal refused. More...

Goldfield Projects Pty Ltd v Queensland Building and Construction Commission [2014] QCAT 552
Interim orders – effectively an application for summary judgment – right to a hearing -compliance with Practice Direction – untested allegations of tampering with evidence – plumbing work that is building work – discretion not to direct rectification of defective building work. More...

Godbold v Queensland Building and Construction Commission [2014] QCAT 537
Statutory Home Warranty scheme – completion of work under the construction contract – dispute as to variations – variations not in writing – prepayment by the owner before payment due under the contract – indemnity insurance – payment for loss – delay in Commission recognition of termination – completion of the work by the owners – actual costs of completion – expert evidence – reduced value of expert evidence – assumptions of fact by expert – owners resiling from some of the contract work after termination – Commission to act reasonably in estimating owners remaining liability under the contract. More...

Terera v Clifford [2014] QCAT 534
Domestic Building Dispute – Differences in jurisdiction between domestic building dispute and administrative review of reviewable decision made by the Queensland Building and Construction Commission – no jurisdiction to join QBCC to domestic building dispute. More...

Fulton v Infantino Constructions Pty Ltd (Building and Property) [2014] VCAT 1454
DOMESTIC BUILDING DISPUTE – Application for reinstatement – Whether terms of settlement constitute an accord and satisfaction, accord and conditional satisfaction or accord executory – Appointment of expert pursuant to terms of settlement - whether parties bound by expert's final assessment. More...

Construction Forestry Mining and Energy Union v Grocon Constructors (Victoria) Pty Ltd & Ors; Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd & Ors (No 2) [2014] VSCA 298
COSTS – Civil contempt – Whether indemnity costs should necessarily be awarded at appellate level – Hinch v Attorney-General (Vic) [1987] HCA 56; (1987) 164 CLR 15 – Costs to be assessed on standard basis. COSTS – Criminal contempt – Section 409 of the Criminal Procedure Act 2009, discussed – Whether power to order costs – No costs order made. Accordingly, we consider it appropriate to order the CFMEU to pay Boral's costs of and incidental to the Boral Application. More...

APN DF2 Project 2 Pty Ltd v Grocon Constructors (Victoria) Pty Ltd and Ors [2014] VSC 597
BUILDING CONTRACTS – Whether a term as to verification of progress payments to be inferred in a construction contract – Whether a term as to verification of progress payments is to be implied in a construction contract – Meaning attributed to 'Actual Trade Cost'- Whether in its context means trade costs actually paid or merely payable - Construction of commercial contracts – Implication of terms in commercial contracts – Term implied as a matter of necessity and commercial efficacy in a construction contract – Observations as to construction contracts being prone to conflicts and disputes. More...

APN DF2 Project 2 Pty Ltd v Grocon Constructors (Victoria) Pty Ltd & Ors [2014] VSC 596
BUILDING AND CONSTRUCTION - JUDICIAL REVIEW -Adjudication determination made pursuant to theBuilding and Construction Industry Security of Payment Act 2002 (Vic) – Jurisdiction of adjudicator to determine purported payment claim – Jurisdictional error – Error of law- Progress payment claim to which Act applies – Meaning of 'construction contract' for purposes of the Act – Construction contract to which Act applies – Side Deed entered after D&C Contract – Whether Side Deed a construction contract – Whether Side Deed has effect of varying D&C contract – Whether Side Deed terminates D&C contract – Arrangement to carry out construction works under the Act – Whether operation of Act excluded- Broad construction of 'payment claim' – Purpose of the Act as a whole - No error of law. More...




Excess Exploration Credit Tax Bill 2014
A Bill for an Act to impose excess exploration credit tax; Registered 04 December 2014. Introduced HR 04 December 2014. More...

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Designated Coastal Waters) Bill 2014
A Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003, and for related purposes; Registered 03 Dec ember 2014; Introduced HR 03 December 2014. More...

Offshore Petroleum and Greenhouse Gas Storage Amendment (Miscellaneous Measures) Bill 2014
A Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006; Registered 03 December 2014; Introduced HR 03 December 2014. More...


Gazette - Petroleum Resource Rent Tax Assessment Act 1987
Petroleum Resource Rent Tax Assessment Act 1987 - Combination certificate C015D – 28 November 2014.


The next sitting dates for both Houses of Victorian Parliament are in 2015.

New South Wales

Proclamations commencing Acts

Mutual Recognition (Automatic Licensed Occupations Recognition) Act 2014 No 51 (2014-748) — published LW 28 November 2014. The objects of this Bill are as follows: (a) to provide for the automatic mutual recognition of certain occupational licences issued in other jurisdictions ( recognised licences) so that an individual who holds a recognised licence will be deemed to hold the equivalent NSW (with the licences to which automatic mutual recognition will apply to be prescribed by the regulations), (e) to remove mandatory continuing professional development obligations for the holders ofcontractor licences, supervisor certificates and tradesperson certificates issued under theHome Building Act 1989.

Regulations and other miscellaneous instruments

Mutual Recognition (Automatic Licensed Occupations Recognition) Regulation 2014 (2014-754) — published LW 28 November 2014.

Proclamations commencing Acts

Work Health and Safety (Mines) Act 2013 No 54 (2014-768) — published LW 3 December 2014.

Work Health and Safety (Mines) Amendment Act 2014 No 71 (2014-769) — published LW 3 December 2014.

Maritime and Transport Licensing Legislation Amendment Act 2014 No 38 (2014-747) — published LW 28 November 2014.

Bills assented to

Petroleum (Onshore) Amendment (NSW Gas Plan) Act 2014 No 87 — Assented to 28 November 2014.



No 293 Building Amendment Regulation (No. 3) 2014 – 05 December 2014
Amends the Building Act 1975 - Amendment of s 51AB (Approval of amendment of QDC by replacing part MP 1.4)and amendment of s 53A (Notice requirement for particular building development approvals).

Bills passed

Water Reform and Other Legislation Amendment Bill 2014
Introduced on 11/09/2014 Passed with amendment on 26/11/2014 Assent Date: 5/12/2014 Act No: 64 of 2014 Commences: see Act for details Exp Note. The Bill delivers on the Government's commitment to ensure the State's water resources are used responsibly and productively for the benefit of all Queenslanders, while retaining certainty and security of water entitlements, and balancing economic, social and environmental outcomes.

Ports Bill 2014
Introduced 25/11/2014 Stage reached: Referred to Committee on 25/11/2014. An Act to provide for the development of ports through long-term planning while protecting and managing environmental assets, to amend the State Development and Public Works Organisation Act 1971 and the Transport Infrastructure Act 1994.

Planning and Development Bill 2014
Introduced on 25/11/2014 Referred to Committee on 25/11/2014.
To facilitate Queensland's prosperity, including through ecologically sustainable development by providing for an efficient, effective, transparent, integrated and accountable system for land use planning (planning) and development assessment, including regional areas.

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.

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Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

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