Australia: Planning & Environment - What's News - 30 August 2016

In the media – National

Investors run shy of Aussie renewable energy projects
Only a fraction of proposed renewable energy projects in the pipeline nationally will go ahead because investors are unwilling to underwrite the projects, according to a leading energy consultant (18 August 2016). More...

Latest wind farm approval could trigger a renewable energy surge
The north Queensland man helping lead the production of Australia's second largest wind and solar farm in South Australia said Queensland will soon see similar projects emerge (15 August 2016). More...

Australian hotels are pioneering renewable energy and storage
The paradigm of power generation is changing, and an increasing number of decentralized small-scale cleantech solutions are evolving. For technology providers, the first reference projects are extremely important milestones of the market-entry process (16 August 2016). More...

Great Barrier Reef targets 'very challenging'
Conservation group WWF says governments will find it challenging to meet health targets set for the Great Barrier Reef, following the release of a report that estimates an extra $8.2 billion is needed to save the reef over the next decade (13 August 2016). More (ABC News- 12 August)... More (ABC News- 11 August)...

National guidelines for planning resilient communities released
Built environment professionals can ensure Australian communities are better protected from the impacts of climate change and natural disasters by getting a better understanding of risk and resilience and how to factor them into plans and buildings, according to the Planning Institute of Australia (12 August 2016). More...

Climate change to worsen disadvantage in rural and regional communities – report
The Climate Council this week released a new report which reveals that climate change is likely to worsen the systemic disadvantages suffered by rural and regional communities, and further widen the gap between rural and urban areas (12 August 2016). More...

Climate change will widen the gap between rural and urban Australia, says report
Climate change is likely to worsen the systemic disadvantages suffered by rural and regional communities and further widen the gap between rural and urban areas, according to a report by the Climate Council (10 August 2016). More...

COAG Energy Council outcome statement
The COAG communique notes that work on the integration of energy and climate policy will now also include consideration of the impacts of state and territory emission reduction policies. This is inadequate, urging the national government to set up a truly comprehensive and strategic review of the electricity system to work through these issues and integrate this with the 2017 review (19 August 2016). More...

New GBCA board reflects evolving sustainable property in Australia
As the GBCA approves its new strategic plan, industry leaders with diverse skillsets and deep experience in new sectors have been appointed to the board of directors (15 August 2016). More...

In the media – Victoria

Crackdown on Underquoting to protect Homebuyers
The Andrews Labor Government is cracking down on underquoting advertising – where an agent misleads a prospective buyer about the likely sale price of a property – under major reforms to the Estate Agents Act 1980. Under the new laws, agents must provide prospective buyers with a comprehensive analysis including three recent comparable sales, an indicative selling price, and the median price for the suburb (18 August 2016). More...

ACCC will not oppose proposals for Port of Melbourne lease
The ACCC conducted extensive inquiries with a large number of port users and stakeholders at various levels of the supply chain. The ACCC has formed the view that neither acquisition would result in a substantial lessening of competition (11 August 2016). More...

Winter Works Put Connections In Full Swing
Farmers in the Goulburn Murray Irrigation District are reaping the benefits of on-ground works as part of the $2 billion Connections irrigation modernisation project. The Labor Government will continue to work with the Project Control Group, Goulburn-Murray Water, stakeholders and irrigators to push Connections forward for the benefit of the region and the environment (17 August 2016). More...

Hoddle Street Designs Released To Public
The Andrews Labor Government has today released preliminary designs for four intersections to be upgraded along the Hoddle Street-Punt Road corridor. The designs are now open for community input and Victorians can have their say on the designs by visiting: www.engage.vicroads.vic.gov.au (14 August 2016). More...

Council to consider new science based climate targets
The City of Melbourne will consider a plan to cut greenhouse gas emissions generated by its operations in line with the targets recommended by climate scientists, with a new five year plan to cut emissions from Council's day-to-day operations along with a science-based emissions reduction target (12 August 2016). More...

In the media – New South Wales

EPA clamps down on illegal dumping in Blaxland
The NSW Environment Protection Authority (EPA) has issued three penalty notices for illegal dumping at the Sydney Trains electrical substation on Layton Avenue in Blaxland (17 August 2016). More...

NSW Government funding boost for local councils tackling climate change
The NSW Office of Environment and Heritage (OEH) has announced an extension of the Governments successful Building Resilience to Climate Change (BRCC) program (16 August 2016). More...

Sydney CBD Retail Remains In Prime Position
Sydney's CBD continues to lead the way nationally in terms of retail rent growth, with a 28.4% increase in NSW prime rents recorded for the year to Q2 2016 (12 August 2016). More...

First tracks in place for Sydney's Light Rail
Construction on the CBD and South East light rail project has entered a new phase with the first section of track laid today in Kensington (12 August 2016). More...

Rezoning of land paves the way for 500 jobs in Western Sydney
Land near the proposed Western Sydney Airport is set to thrive with new businesses and industrial activity and the movements of up to 500 new workers (08 August 2016). More...

In the media – Queensland

Trees: Trad says new laws will be passed after next Qld election
THE Palaszczuk government is set to continue taking action to protect the reef and avoid an in danger listing by UNESCO following the "disappointing" result of the vote on punitive new vegetation laws (20 August 2016). More...

Queensland tree clearing laws fail, prompting reef claim
The minority Palaszczuk Government fails to get enough support from the crossbenchers to pass its toughened tree clearing laws, a defeat that it says will put the Great Barrier Reef at risk of losing its World Heritage listing (19 August 2016). More...

Indigenous challenge to Adani Carmichael coal mine dismissed by Federal Court
The Federal Court has dismissed a challenge from a Queensland traditional owner to mining leases for Adani's Carmichael coal mine. The application was for judicial review against the Queensland Government, Adani and the National Native Title Tribunal (19 August 2016). More (ABC News)... More (Australian Mining article)...

Work commence on rail upgrades for Oakey Beef
Work has started on the $2.5 million project to upgrade rail infrastructure in South West Queensland to support the multi-million dollar expansion of Oakey Beef Exports (18 August 2016). More...

Queensland to partner US Navy in massive biofuel initiative
Queensland's future as the biofuel hub for the Asia-Pacific has further been advanced with the signing of a high-level agreement between the Palaszczuk Government and the United States Navy (17 August 2016). More...

Environmental Authority granted to Northern Oil Refineries for biofuels project
A Gladstone oil refinery has been given environmental approval for a new plant that will turn waste such as tyre rubber into renewable oil for biofuels (17 August 2016). More...

Opposition accuses Brisbane City Council of becoming property developer
The Brisbane City Council is accused of a conflict of interest over a property development at Toowong in Brisbane's inner west (17 August 2016). More...

Coal by-product held in sheds does not breach environmental approvals
Queensland's environment department drops its pursuit of a power station contractor that stores tonnes of coal by-product in sheds, instead finding the company is not breaking the law (17 August 2016). More...

Herston Quarter preferred tenderer announced
Health and financial services company Australian Unity has been announced as the preferred tenderer to develop the site of the former children's hospital at Herston in Brisbane and create a $1.1 billion health, aged care, residential and retail destination (14 August 2016). More...

Tree-clearing review to be carried out: Miles
Environment Minister Dr Steven Miles has announced a review into the risk tree-clearing poses to Queensland's plant and animal species after 21 were this week assessed as facing an upgraded threat (13 August 2016). More...

Habitat loss threatens Queensland species further
Almost two dozen of Queensland's native species have had an upgrade to their threatened status as the government continues to drum up support for tougher vegetation clearing laws (13 August 2016). More...

Burdekin cane farmers prove sustainability leads to higher profits
Farm trials funded by the Queensland Government have proven sustainable practices increase profitability and protect the Great Barrier Reef (12 August 2016). More...

Government agrees to all Reef Taskforce recommendations
The Queensland Government tonight (Thursday) detailed how it would reduce catchment runoff to the Great Barrier Reef and spend an additional $90 million over four years (11 August 2016). More...

Queensland Government pushes for change as tree clearing increases
Tree clearing in Queensland remains at unsustainable levels, the state government says. The Statewide Land Cover and Tree Study (SLATS) has revealed 296,000 hectares of woody vegetation was cleared in 2014-15 (07 August 2016). More (ABC News)... More (QLD Government)...

In practice and courts – Victoria

Have your say on better apartments draft design standards
The Victorian Government has released Better Apartment Draft Design Standards for public feedback to inform final standards that will be introduced later this year. Submissions close 19 September. More...

Protecting Victoria's Heritage
Victorian Minister for Planning, The Hon Richard Wynne MP, has launched a new heritage grants program that will support the repair and conservation of 'at risk' State heritage listed heritage places and objects included in the Victorian Heritage Register, under the Heritage Act 1995. Applications will close on 7 November 2016 and application details and guidelines are available here (11 August 2016).

On the frontline: climate change and regional communities
Climate Council; Lesley Hughes, Lauren Rickards, Will Steffen, Petra Stock, Martin Rice
This report reveals that climate change is likely to worsen the systemic disadvantages suffered by rural and regional communities, and further widen the gap between rural and urban areas (09 August 2016). More....

In practice and courts – New South Wales

New strata laws will start 30 November 2016
New strata laws will start on 30 November 2016. They have been modernised to fit the reality of living in a strata townhouse or apartment today. More...

Sydney District Plans Feedback
The Greater Sydney Commission is seeking feedback on its engagement strategy for the development of the six Sydney district plans (August 2016). More...

Cases – Victoria

Seers v Macedon Ranges SC [2016] VCAT 1198
Section 149B Planning and Environment Act 1987 – assessment of competing evidence – characterisation of use – consideration of whether use has stopped for a period of two or more years – existing use rights – consideration of clause 63.01 of the planning scheme – consideration of need to establish existing use rights under clause 63.01 when there is an existing permit that allows the use – section 109 Victorian Civil and Administrative Tribunal Act 1998 – whether it is it fair to make an award of costs – consideration of relevant factors.

Telstra Corporation Limited v Greater Geelong CC [2016] VCAT 1361
Section 77 of the Planning & Environment Act 1987; Greater Geelong Planning Scheme; Public Use Zone; Heritage Overlay; Telecommunications facility; Western cemetery; Policy; Whether cemetery is an inappropriate location; Heritage; Landscape; Need; Aboriginal cultural heritage.

Sidoti v Banyule CC [2016] VCAT 1338
Demolition of Existing House Not Supported on Heritage Grounds; 1045 Principles; Balancing the Overall Proposal Does Not Support Demolition in this Case; Form, Height and Appearance of Proposed New Building Not Acceptable Design Response to DDO12 and Policy Aspirations; Vegetation Removal and New Tree Planting; Appearance of Building Adversely Impacts on Heritage Significance; no permit.

Kitanovski v Melton City Council & Anor [2016] VSC 474
ADMINISTRATIVE LAW – Judicial review – Application under Order 56 of the Supreme Court (General Civil Procedure) Rules 2015 – Appeal from judgment of the County Court convicting plaintiff of six charges under the Planning and Environment Act 1987 – Plaintiff convicted of depositing soil on his property in contravention of the Planning and Environment Act 1987 and the Melton Planning Scheme – Procedural fairness – Validity of the charges laid – Plaintiff's common law rights as owner of property in fee simple restricted by operation of the Planning and Environment Act 1987 – Electrolux Home Products Pty Ltd v Australian Workers' Union [2004] HCA 40; (2004) 221 CLR 309 cited – Application dismissed.

Mancuso v Darebin CC [2016] VCAT 1334
Section 77 of the Planning & Environment Act 1987; Darebin Planning Scheme; Medium Density Housing: Neighbourhood character (Clause 22.02); Amenity impacts; Reverse-living; no permit.

TPSC Pty Ltd v Kingston CC [2016] VCAT 1221
Application under Section 82 Planning and Environment Act 1987 to review the decision to grant a permit, application under Section 80 Planning and Environment Act 1987 to review conditions in a permit, application under section 149A Planning and Environment Act 1987 for declarations about the expiry of a section 173 agreement, Application under section 149B Planning and Environment Act 1987 for declaration concerning in-principle agreement pursuant to section 178A(1) of the Act, application under section 149(1)(b) Planning and Environment Act 1987 to review failure to consent to request under section 173 agreement, mixed use development comprising retail, commercial, café, medical and residential dwellings, access, pedestrian flow and function, integration with existing centre and activity centre function. Opportunity to amend plans.

Lontos v Darebin CC [2016] VCAT 1314
Five storey apartment building; Design based on Proposed DDO in Amendment C136; Unusual Amendment Process; Not a Seriously Entertained Planning Proposal; Weight of Amendment; no permit.

Cases – Queensland

Conquest & Anor v Bundaberg Regional Council [2016] QCA 203
ENVIRONMENT AND RESOURCES – PLANNING LAW – APPEALS, OFFENCES AND ENFORCEMENT – ENFORCEMENT NOTICES – SPECIFIC REQUIREMENTS OF ENFORCEMENT NOTICES – where the applicants were found guilty of an offence against s 4.3.15 of the Integrated Planning Act 1997 ("the Act") for failing to comply with an enforcement notice – where the District Court dismissed their appeals – where the applicants apply for leave to appeal under s 118 of the District Court of Queensland Act 1967 ("the District Court Act") – where the applicants contend that it is a condition of the validity of an enforcement notice that the person to whom the enforcement notice is given has committed a development offence – where the applicants contend that they should be acquitted of the offences because it was not proved beyond reasonable doubt that the relevant works on the property were "building works" rather than "operational works" – where the respondent submitted that the elements of the offence against s 4.3.15 of the Act were that a person was given an enforcement notice and did not comply with that notice – whether it is a condition of validity of an enforcement notice, and an element of the offence against s 4.3.15 of the Act, that the person to whom the notice is given had committed a development offence – whether the work carried out by the applicants amounted to "building work" or "operational work" under the Act.
ENVIRONMENT AND RESOURCES – PLANNING LAW – APPEALS, OFFENCES AND ENFORCEMENT – ENFORCEMENT NOTICES – OFFENCES RELATING TO ENFORCEMENT NOTICES – where the applicants were found guilty of an offence against s 4.3.15 of the Act for failing to comply with an enforcement notice – where the District Court dismissed their appeals – where the applicants apply for leave to appeal under s 118 of the District Court Act– where the applicants raised a new point of contention – whether leave to raise new contention is granted – whether the Court's jurisdiction is limited by ss 118 and 119 of the District Court Act.

Alphadale Pty Ltd v Department of Environment and Heritage Protection [2016] QLC 38
General Application.

Legislation – New South Wales

Bills Updated in the last week

Building Energy Efficiency Disclosure Determination 2016
The Determination specifies the manner in which energy efficiency ratings must be expressed in advertisements, the assessment methods and standards to be applied in calculating energy efficiency ratings for buildings, and the information set out in a building energy efficiency certificate. (11 August 2016).

Declaration under s178, s181, and s183 of the Environment Protection and Biodiversity Conservation Act 1999 - List of threatened species, List of threatened ecological communities and List of threatening processes
Lists as amended, taking into account amendments up to Amendment to the lists of threatened species, threatened ecological communities and key threatening processes under sections 178, 181 and 183 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (193) (28/07/2016) (10 August 2016)

Legislation – Queensland

Bills Updated in the last week

Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016
Introduced on 17/03/2016; Stage reached: 2nd reading failed on 18/08/2016.

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 Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Gerard Timbs
 
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”

Mondaq Advice Centre (MACs)
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
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
Password
Confirm Password
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (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 www.mondaq.com

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 Mondaq.com’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.

Disclaimer

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.

Registration

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 by clicking here .

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 unsubscribe@mondaq.com 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.

Cookies

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.

Links

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.

Mail-A-Friend

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.

Security

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 webmaster@mondaq.com.

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 EditorialAdvisor@mondaq.com.

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 enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.