Australia: Planning & Environment - What's News - 2 August 2016

Last Updated: 8 August 2016
Article by Joseph Monaghan, Breellen Warry and Gerard Timbs

Most Read Contributor in Australia, September 2017

In the media – National

Time to return to national energy and climate policy
The transformation of Australia's energy system to a low carbon future needs to be driven by an integrated national policy process rather than state-based targets and intrusive regulation, the energy industry said today (18 July 2016). More...

New plan for high-speed rail link between Melbourne and Sydney
It has been talked about for decades, but a private company is launching a $200 billion plan to build a high-speed rail link between Melbourne and Sydney (14 July 2016). More...

Policy inertia locks world into higher emissions
A recent study published in Nature has confirmed that the 2050 emission reduction target associated with the long-term climate goal of the Paris Agreement requires massive deployment of carbon capture and storage (CCS) (11 July 2016). More...

In the media – Victoria

State heritage protection push for Carnegie and Murrumbeena railway stations ahead of sky rail worksWhat's News in Planning & Environment - 2 August 2016 Train stations under threat of demolition to make way for sky high rail lines could be retained if Heritage Victoria give a council proposal the green signal (24 July 2016). More....

Another free-range piggery loses planning battle
Another free-range piggery has lost a long-running right to farm case in Victoria, under intensive animal husbandry provisions of state planning law (20 July 2016). More...

Zoning error leads to apartments on leafy Mont Albert street
The planning department and Whitehorse City Council agree a simple mistake has been made. The council has asked Planning Minister Richard Wynne to correct the mistake before the proposal goes before the Victorian Civil and Administrative Tribunal next month. Whitehorse blames the planning department's incorrect maps for rezoning the land incorrectly (20 July 2016). More...

Jobs and Clean Energy Boost for South-West Victoria
A new $650 million windfarm near Dundonnell in Victoria's South West has been given the green light by the Andrews Labor Government, and is the biggest windfarm approved by the Labor Government (19 July 2016). More...

International 'Starchitect' Zaha Hadid To Grace Skyline
A new $300 million tower on Collins Street designed by world renowned architect Zaha Hadid has been given the green light by the Andrews Labor Government (11 July 2016). More...

Citizens' Jury To Decide On Future Council For Geelong
The Andrews Labor Government will create a Citizens' Jury to recommend the best future design of the City of Greater Geelong. The Council was dismissed earlier this year after a Commission of Inquiry found it was dysfunctional, unable to provide long-term vision for the city (12 July 2016). More...

EPA fines company for yabbie deaths at Queens Park Lake
Environment Protection Authority Victoria (EPA) has fined a Laverton North company and one of its contractors for causing the deaths of hundreds of yabbies at Queens Park Lake in Moonee Ponds (11 July 2016). More...

In the media – New South Wales

New inner west park and tunnel link announced
A large stretch of new parkland will provide significant green space for Sydney's inner west and an underground connection will be built to take traffic off congested Victoria Road, under the new details of the concept design for the WestConnex interchange at Rozelle (21 July 2016). More...

LEC appointment
The Chief Judge is pleased to announce the appointment of Rosemary Martin as the Senior Commissioner of the Land and Environment Court from 17 October 2016 (20 July 2016). More...

Work underway on delivering a world-class plan for Global Sydney
NSW Executive Director, Jane Fitzgerald, said today's release of the City of Sydney Central Sydney Planning Strategy is the long-awaited first step (14 July 2016). More...

Social Housing Benefit From Sale of Four Millers Point Terraces
A total of $12.243m from the sale of four Millers Point terraces will fund new social housing dwellings across NSW. All properties sold in Millers Point are accompanied by strict heritage protections; including NSW Heritage Council-endorsed Conservation Management Plans (14 July 2016). More...

State members appointed for Joint Regional Planning Panels
Joint Regional Planning Panels across the State will undergo a balanced refresh as the Department of Planning and Environment has appointed the new State members for the Panels (12 July 2016). More...

Department fines Property Project No 88
The Department of Planning and Environment has issued a $15,000 fine to Property Project No 88 Pty Ltd for failing to meet a condition of project approval at the Fraser Drive residential complex at Tweed Heads (12 July 2016). More...

EPA fines Quattro Ports $15,000 for exceeding licence emission limit for Methyl Bromide
The NSW Environment Authority Protection (EPA) has fined Quattro P RE Services Pty Limited (Quattro Ports) $15,000 for exceeding the licensed Methyl Bromide emission limit at its Port Kembla premises (11 July 2016). More...

In the media – Queensland

Resource sector must provide for mine site rehabilitation
The Queensland Government has delivered a big increase in financial assurance (FA) to cover costs to rehabilitate or restore the environment if the holder of an environmental authority fails to meet its environmental obligations (22 July 2016). More...

High rise next to Customs House one step closer after UQ lose court case
The University of Queensland loses an appeal to block the construction of a 47-storey tower next to Customs House in the Brisbane CBD (22 July 2016). More...

Container deposit scheme for Queensland
The Sunshine State will have a Container Deposit Scheme to get drink cans and bottles off our beaches, and out of our parks and public areas (22 July 2016). More...

New Land Court President appointed
Attorney-General and Minister for Justice Yvette D'Ath has appointed Judge Fleur Kingham as the new President of the Land Court of Queensland (21 July 2016). More...

Palaszczuk Government introduces greater protection for Queensland's heritage
The Palaszczuk Government will ensure Queensland's important heritage places are better preserved for future generations, by restoring protections for adjoining sites which were recklessly stripped away by the former LNP government (20 July 2016). More...

New thinking for Logan Housing
Logan's public housing will remain in Government hands with the Palaszczuk Government terminating the pending privatisation of the management of 4,900 houses in the region (20 July 2016). More...

Better support for councils to deliver essential infrastructure
Queensland councils will have more resources to deliver essential community infrastructure following the state government's announcement that it will index the maximum infrastructure charges on new developments (20 July 2016). More...

100,000 more Moreton Bay residents to connect to the SEQ Water Grid for first time
100,000 more Moreton Bay residents will soon be connected to the South East Queensland Water Grid for the first time, as part of a $16.5 million capital works investment in the region's water supply network (20 July 2016). More...

Gold Coast Airport lands Tweed Heads site
Gold Coast Airport has snapped up the Tweed Heads Drive-In for $11.45 million. The acquisition follows the recent announcement of the Gold Coast Airport's $300 million redevelopment plan (15 July 2016). More...

Government moves to ban use of PFOS and PFOA firefighting foam in Queensland
Environment Minister Dr Steven Miles said the Department of Environment and Heritage Protection was implementing a "strict policy with respect to firefighting foams and their environmental management." (18 July 2016). More...

New planning code to support growing wind farm industry
The Palaszczuk Government is continuing its commitment to renewable energy, with the release of Queensland's first wind farm planning code (15 July 2016). More...

FNQ tourism project moves to EIS
The environmental impact process is about to start for the proposed $640 million KUR-World integrated eco-resort near Kuranda in far north Queensland (12 July 2016). More...

In practice and courts – National

RET: Register of solar water heaters (version 28)
The register of solar water heaters (version 28) is now available on the Clean Energy Regulator website, which lists solar water heater and air source heat pump models that are eligible for small-scale technology certificates under the Small-scale Renewable Energy Scheme (SRES). The register of solar water heaters (version 28) came into effect on Friday 22 July 2016 (21 July 2016). More (CER Reister)... More (CER Renewable Energy Target)...

In practice and courts – Victoria

Announcements, Draft Policies and Plans released 2015

VIC: Protecting the Yarra River (Birrarung)
The Yarra River Protection Ministerial Advisory Committee have released a Protecting the Yarra River discussion paper to generate discussion and promote debate about how the Yarra River is managed and protected into the future. Submissions close 5 August 2016.

Capturing Value in Rail PPPs
Author(s): Jennifer Ingram and Katherine Velos; (2016) 15(2) LGovR 224. This article highlights the use of Public Private Partnerships for the development of new rail infrastructure in Victoria.

In practice and courts – New South Wales

NSW: EPLA: Planning policy improved and simplified
The NSW Government has finalised the review of 16 State Environmental Planning Policies in order to improve and simplify the planning system. To assist councils and the community the changes will commence on 5 August 2016. More... More...

Simplified NSW Housing Code – Draft changes on exhibition
The Department of Planning and Environment is exhibiting draft changes to the NSW Housing Code and inviting council submissions by 12 August 2016. More...

In practice and courts – Queensland

Announcements, Draft Policies and Plans released 2015

QLD: Wind farm state code 2016
The code includes guidelines relating to aviation safety, electromagnetic interference, shadow flicker, flora and fauna, traffic safety, stormwater management, construction management and acoustic amenity. The wind farm state code, and its supporting planning guideline, will come into effect on 22 July 2016. More...

QLD: Notification of Approval: Brisbane Port Land Use Plan 2015 [QGG 24/06/2016]
Notice is given that the Brisbane Port Land Use Plan 2015 has been approved in accordance with section 283ZE of the Transport Infrastructure Act 1994, and will take immediate effect from 20 June 2016. Click here to view or print the current Brisbane Port Land Use Plan 2015 (released July 2016).

Cases – Victoria

Roads Corporation v Latrobe CC (Red Dot) [2016] VCAT 1167
NATURE OF CASE Interpretation of advertising sign.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - PLANNING SCHEME – interpretation or consideration of VPP provision - VPP clauses 52.05-1 and 73 – whether sign may be interpreted as an 'electronic sign' or 'panel sign'.
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or is required or desirable.
Review and/or updating of outdoor advertising terms may be warranted, to clarify relevant definitions, and to keep pace with changes in advertising practices and technology.

Cases – Queensland

Bourboulas & Ors v Brisbane City Council [2016] QPEC 033
ENVIRONMENT AND PLANNING – APPEAL – where respondent council refused an application for preliminary approval for building work involving the relocation of a pre-1946 residential building – where the development application was code assessable under the relevant planning scheme – whether compliance with the applicable code could be achieved by imposing appropriate conditions.

University of Queensland v Brisbane City Council & CBUS Property Brisbane Pty Ltd [2016] QPEC 035
PLANNING AND ENVIRONMENT – APPLICATION – where the respondent Council approved a development application for a material change of use for Multiple Dwellings – where the applicant appealed to the Planning & Environment Court for a declaration that the Council's Decision Notice approving the development was invalid and ought to be set aside – whether the decision maker of the Council fell into jurisdictional error – whether the Council failed to properly assess the development application.

MTAA Superannuation Fund Pty Ltd v Logan City Council & Anor [2016] QPEC 034
ENVIRONMENT AND PLANNING – APPLICATION – Where the appellant seeks the determination of preliminary legal issues – whether the development application included the lawful consent of land owners – whether the assessment of the development application and any court proceedings consequential upon the making of the development application are futile.

Legislation – Victoria

Statutory Rules

No. 82: Magistrates' Court General Civil Procedure (Expert Witness Code Amendment) Rules 2016
Commencement: 15/07/2016: rule 3 Not yet in operation: Rules 1-6: on 15/07/2016: rule 3. Sunset Date: 01/07/2026.

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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Gerard Timbs
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