Australia: Construction & Infrastructure - What's News - 12 October 2016

Last Updated: 19 October 2016
Article by Troy Lewis, Stephen Burton and Suzy Cairney

Most Read Contributor in Australia, September 2016

In the media – National

New design guide for mid-rise timber buildings released
A new timber design guide for mid-rise buildings aims to help designers, architects, engineers and other built environment professionals to act on the recent changes to the National Construction Code (04 October 2016). More...

The future for fast rail and property
The plan for fast rail and eight smart cities from Melbourne to Sydney will be discussed at a forum of property industry leaders in Sydney. CLARA proposes to build eight inland cities between Melbourne and Sydney connected by high-speed rail using a value capture approach to funding (07 October 2016). More...

Infrastructure Victoria releases draft 30-year strategy
Infrastructure Victoria has released a draft of Victoria's first state-wide, cross-sector infrastructure strategy for the next 30 years. The draft strategy looks at every aspect of infrastructure for the state across nine sectors covering everything from education to transport, telecommunications, energy and justice (October 2016). More...

Gold Coast construction boom brings tradies south from Brisbane
The procession of workmen heading north to the capital is expected to reverse somewhat in the coming year as work for the Commonwealth Games, major shopping centres, high-rises and the second stage of the light rail gains momentum just as projects in Brisbane are winding up (01 October 2016). More...

In the media – Victoria

Work starts on South West Loddon Pipeline Project
The Labor Government is putting $40 million towards the $80.6 million project which will secure supply to communities, households and farmers in the South West Loddon region (06 October 2016). More...

Bendigo building site inspection program a Victorian Government first
Builders and tradespeople in the Bendigo region will be the first to come under the scrutiny of a new multi-regulator approach to ensure they are complying with the law (05 October 2016). More...

In the media – New South Wales

Funding Relief for local roads in the Central West
Flood ravaged communities in the state's Central West have been thrown a life-line with $13 million from the NSW Government to provide immediate funding relief for councils to fix local roads destroyed by floodwater (06 October 2016). More...

New South Wales to take action on building certification failure
Developers of deemed high-risk projects in NSW could have the ability to select their own building certifier taken away as part of sweeping changes to the building certification system designed to help fix failings on fire safety, health and energy efficiency (27 September 2016). More...

New cruise terminal for the Hunter region
A new multi-purpose cruise ship terminal is planned for Newcastle Harbour, which will increase tourism in the Hunter region. The 3000-square metre facility will significantly expand the cruise industry in NSW and will be similar to Sydney's White Bay Terminal (27 September 2016). More...

In the media – Queensland

Queensland Government invokes special power for Adani
The Queensland Government has invoked special powers to ensure the controversial Carmichael coal and rail project starts next year. The combined mine, rail and associated water infrastructure have all been declared critical infrastructure – the first time this has happened in seven years (10 October 2016). More...

Waterfront Promenade a landmark for Townsville
The first stage of community infrastructure within the Waterfront Priority Development Area (PDA) with $28 million for construction of Stage 1 of the Waterfront Promenade announced (06 October 2016). More...

$9 million maintenance works for key transmission lines in the Tropical North
A $9 million investment in Powerlink Queensland's transmission network in North Queensland is set to maintain network performance and ensure the safe, reliable and cost effective supply of high voltage electricity (06 October 2016). More...

$4.9M Townsville apartment pipeline supports local tradies

Two Queensland Government-led apartment projects worth a total of $4.9 million are providing support for local Townsville tradies and subcontractors (05 October 2016). More...

Sealing of Cape York's Peninsula Developmental Road on target
Construction is underway on all four Peninsula Developmental Road (PDR) sealing projects for this year, with earthmoving works having now commenced on the Little Laura to Fairview stretch (05 October 2016). More...

'Prosperity and protection' key themes of Department of Natural Resources and Mines annual report
The sustainable management of Queensland's natural resources has continued to support businesses and attract economic investment for communities across the state, as highlighted in the Department of Natural Resources and Mines' annual report tabled in Parliament today (30 September 2016). More...


The mining construction boom and regional jobs in Queensland
Tom Swann, Mark Ogge; The Australia Institute: 29 September 2016
Despite an unprecedented 400 percent increase in mining investment from 2010 to 2013, by 2015 employment in regional Queensland fell to below 2010 levels.

Victoria's draft 30-year infrastructure strategy Infrastructure Victoria: 4 October 2016
Infrastructure Victoria is undertaking the first ever thirty-year infrastructure strategy for Victoria.

Practice and courts

Infrastructure Australia: Infrastructure Priority List
The Infrastructure Priority List is a prioritised list of nationally significant investments. It provides decision makers with advice and guidance on specific infrastructure investments that will underpin Australia's continued prosperity. The October 2016 list is listed here (07 October 2016). More...

National Stronger Regions Fund (NSRF): Round Three Announcements
On 7 October 2016 the Australian Government announced 67 infrastructure projects to receive $126.5m under Round Three of NSRF. There will be no further funding rounds under this programme. The projects are outlined here (07 October 2016). More...

Announcements, Draft Policies and Plans released 2016

New South Wales

Building Resilience to Climate Change Grants: Round 3 of the Building Resilience to Climate Change (BRCC) program is open for funding applications
A joint program of the NSW Office of Environment and Heritage (OEH) and LGNSW, BRCC aims to address identified climate change risks and vulnerabilities facing NSW councils. Round 3 closed on 10 October 2016. More...


2016 Major Project Series
The department's regional offices are hosting a series of Regional Major Projects Forums throughout 2016 that focus on important issues and challenges in specific regions. The full 2016 event schedule Regional Major Projects Forums is now available for October - December 2016.


Panel Reports
Infrastructure Design Manual Advisory Committee Report: Consideration of issues associated with the potential implementation of the Infrastructure Design Manual into planning schemes across regional Victoria.


Coast and Country Association of Queensland Inc v Smith & Ors [2016] QCA 242
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – ENVIRONMENTAL PROTECTION LEGISLATION – where the appellant appeals the decision of the primary judge dismissing two applications for statutory orders of review – where the first application related to a decision of the Land Court concerning applications for a mining lease and environmental authority – where the second application concerned a subsequent decision of the third respondent to grant an environmental authority for the proposed mine – where the primary judge concluded that a finding of the Land Court that the proposed mine would not produce an impact that would constitute or cause environmental harm was open on the evidence and did not reveal legal error in the member's approach – where the appellant submitted that the primary judge erred by allowing the Land Court when construing certain sections of the Mineral Resources Act 1989 (Qld) to give zero weight to the environmental harm caused by emissions from the transport and burning of coal after it was removed from the proposed mine – where the second respondent submitted that the appellant wrongly assumed that emissions in connection with the mine would cause environmental harm or an adverse environmental impact – whether under the Mineral Resources Act 1989 (Qld) the Land Court needed to consider the impact of activities which would not be carried on under the authority of the proposed mining lease – whether under the Environmental Protection Act 1994 (Qld) the Land Court was obliged to give weight to the environmental harm caused by emissions from the mine – whether there was legal error in the Land Court's decision.

Enwerd Pty Ltd v Metier 3 Pty Ltd [2016] VSCA 234
CONTRACT – Deed of settlement – Payment obligation under deed of settlement dependent on practical completion under construction contract – Certificate issued but validity challenged – Whether payment under deed of settlement dependent on valid certificate – Construction contract providing for date of practical completion by reference to date in certificate or other date determined in arbitration or litigation – No other date determined – Whether judge relied on post-contractual conduct in construing deed of settlement – Whether trial judge required to determine validity of certificate – Whether applicants elected to accept validity of certificate – Leave to appeal refused.

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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