Australia: Planning & Environment - Whats News - 1 February 2017

Last Updated: 8 February 2017
Article by Joseph Monaghan, Peter Holt and Gerard Timbs

Most Read Contributor in Australia, February 2017

In the media – National

Battling progress: Developer stoushes to watch in 2017
With the huge sums of money being paid for capital city development sites it was not surprising that 2016 was a big year for battles between property developers seeking the most bang for their buck and local councils and residents seeking to block inappropriate or over-zealous projects (17 January 2017). More...

In the media – Victoria

A win for jobs and industry in Portland
The landmark agreement will see Victoria making a significant contribution over four years to sustain the Portland Smelter, with the Federal Government also providing support (20 January 2017). More...

Melbourne tram network to use solar energy by end of 2018
A new solar energy plant to be built in regional Victoria will run Melbourne's entire tram network by the end of 2018, the State Government says (19 January 2017). More...

Costly outcome for Hallam man after court upholds fine
A $607 Environment Protection Authority Victoria (EPA) fine issued to a Hallam man for throwing a lit cigarette butt out of his car window has proven costly after the fine was upheld in court this week, which also ruled he must now also pay $2000 in EPA's legal costs (19 January 2017). More...

A Stronger EPA For a Healthier Victoria
The Andrews Labor Government will boost the powers of the Environment Protection Authority (EPA) with an immediate injection of $45.5 million over two years, with a five year reform program to implement the recommendations of the independent inquiry into the EPA released today (17 January 2017). More...

Victorian EPA finally gets some teeth
In the first major revamp since the environmental watchdog was established 45 years ago, the Victorian Government this week released a five-year reform program and funding package. The funds will kick start reforms over the next two years with a new interim advisory board has been appointed to guide the reforms (19 January 2017). More...

Climate Change and the Victorian Bushfire Threat
Victoria is on the brink of an extreme bushfire season as climate change continues to intensify bushfire risk, our new report reveals. The economic toll of Victoria's bushfires is projected to more than double by 2050, with the state bearing the brunt of Australia's economic losses from bushfires, the report finds (18 January 2017). More...

Hazelwood owners Engie tender for large-scale solar projects in Australia
French energy giant Engie is calling for tenders for large-scale solar power station developments in Australia. The company is shifting away from brown coal-fired power generation and is inviting submissions for Australian solar development sites (17 January 2017). More...

A Road Map for More Affordable Housing
In a unique collaboration, 57 new affordable homes will be built on vacant VicRoads' land in Melbourne's inner west. The lease of land, will be managed by Department of Health and Human Services, will be set at a period of five years with a 12 month notice to vacate should VicRoads require the land to be returned for infrastructure projects (11 January 2017). More...

In the media – New South Wales

NSW planning legislation updates propose council power to issue stop-work on low-impact development
NSW councils could have the power to issue a "stop-work" on low-impact development under proposed changes to the state's planning legislation. The reforms would give council the ability to pause development done under a complying development certificate – a combined planning and building approval – as council had "limited time" to apply checks and balances to such a speedy process (20 January 2017). More...

Run-off from agriculture and urban environments listed as a major threat to fisheries
Climate change and agricultural run-off are listed as two of the biggest threats to the state's marine waters in a new report (20 January 2017). More...

Community information sessions for the future of the Far West
The community is being encouraged to attend drop-in information sessions in February to learn more about the NSW Government's first ever draft plan for the Far West (18 January 2017). More...

Sydney Metro gets the go-ahead to travel under Harbour
The second stage of the Sydney Metro tunnels project, which will run under Sydney Harbour and the CBD, has been given the go-ahead (11 January 2017). More...

In the media – Queensland

KRAG has win in court over proposed shopping centre
The Kepnock Residents Action Group had a hollow victory in the Planning and Environment Court on Tuesday. Judge Michael Rackemann allowed the appeal on the basis the developer, Janam Pty Ltd, was no longer proceeding with the development application (21 January 2017). More...

What Neighbourhood Plans Are Bolstering Property Developments in Brisbane
Brisbane City Council has a number of neighbourhood plans in the works, and these plans are currently in key phases during 2017 (20 January 2017). More...

Palaszczuk Government welcomes release of second Building Queensland Pipeline
The Palaszczuk Government has welcomed the release of Building Queensland's second Infrastructure Pipeline Report, an independent analysis of Queensland's priority infrastructure projects (16 January 2017). More...

Archaeologists inspecting historic Brisbane buildings as casino construction begins
The developers of Brisbane's Queens Wharf casino project say precautions are being taken to protect nearby historic buildings, as construction work ramps up in the area (16 January 2017). More...

In practice and courts – Commonwealth

Current and future impacts of climate change on marine fisheries and biodiversity
On 14 September 2016, the Senate referred the following matters related to the Environment and Communications References Committee for inquiry and report by 30 June 2017.

Call for Nominations - Threatened species, ecological communities or key threatening processes
Nominations are invited for species, ecological communities or key threatening processes to be considered for listing under national environment law during the assessment period starting 1 October 2017 (13 January 2017).

2016: global heat record broken again
Climate Council: Will Steffan, David Alexander, Martin Rice; 19 January 2017
This report reveals that worldwide heat records have been broken again, with 2016 declared the hottest for a third consecutive year.

In practice and courts – New South Wales

Announcements, Draft Policies and Plans released 2016

Planning legislation updates: summary of proposals January 2017
Department of Planning and Environment (NSW): 10 January 2017
This guide sets out the NSW Government's proposals to update the Environmental Planning and Assessment Act 1979 (EP&A Act) through a series of targeted amendments.

NSW: Coastal SEPP –Extension to Consultation Period
The consultation period on the draft Coastal Management State Environmental Planning Policy, accompanying maps and the draft section 117 Ministerial direction has been extended to 20 January 2017.

Have your say on the Greater Sydney Commission's draft District Plans
The Greater Sydney Commission has put on public exhibition the 40-year vision, Towards our Greater Sydney 2056, and 20-year draft District Plans, one for each of Greater Sydney's six Districts. Have your say - read the draft District Plans and make a formal submission by 31 March 2017. More...

In practice and courts – Queensland

Consultation: Draft South East Queensland Regional Plan (ShapingSEQ)
Following collaboration with the region's 12 local governments, state agencies, and community and business, ShapingSEQ is open for community feedback until 3 March 2017. ShapingSEQ is the Queensland Government's new regional planning framework to sustainably manage change and growth in South East Queensland. See ShapingSEQ website to view the plan and find out how you can have your say.

Updated State Planning Policy: public consultation
An updated State Planning Policy (SPP) is open for public consultation from 21 November 2016 to 10 February 2017 to commence alongside the new planning legislation on 3 July 2017. Submissions close 10 February 2017. More... More...

Draft Great Artesian Basin and Other Regional Aquifers Water Plan
Developed to replace the existing Water Resource (Great Artesian Basin) Plan 2006 (GAB WRP) which is due to expire on 1 September 2017. Submissions on the draft water plan close on 17 April 2017. More...

Water Queensland
Tenders opened on 02 December 2016 for up to 50,250 megalitres of unallocated water from the Fitzroy Basin. Public information sessions will be held over the coming weeks in Central Queensland communities to provide information about the tender process. Tenders close 23 February 2017. More...

Cases – Victoria

Demediuk v Melbourne CC [2017] VCAT 46
Application under section 82 of the Planning and Environment Act 1987 – to review the decision to grant a permit. Partial demolition and construction of alterations and two storey addition to the rear of the exiting dwelling.

Cases – Queensland

Young v Salmon [2016] QCAT 508
TREE DISPUTE – VIEW – whether trees on the tree-keeper's property obscures a view from the neighbours' property – whether view existed when the property was purchased by the neighbour – whether severe obstruction of the view – where neighbour wants trees removed – where palm trees overhang neighbours property-where palm trees fruit and attract flying foxes and drop fruit in the neighbours property.

Legislation – New South Wales

Consultation or Exposure Bills
Environmental Planning and Assessment Amendment Bill 2017 – 09 January 2017
The objects of this Act are as follows:

  1. to promote the social and economic welfare of the community and a better environment by the proper management, development and conservation of the State's natural and other resources,
  2. to facilitate ecologically sustainable development by integrating relevant economic, environmental and social considerations indecision-making about environmental planning and assessment,
  3. to promote the timely delivery of business, employment and housing opportunities (including for housing choice and affordable housing),
  4. to protect the environment, including the conservation of threatened and other species of native animals and plants,
  5. to promote the sustainable management of built and cultural heritage (including Aboriginal cultural heritage),
  6. to promote good design in the built environment,
  7. to promote the sharing of the responsibility for environmental planning and assessment between the different levels of government in the State,
  8. to provide increased opportunity for community participation in environmental planning and assessment.

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
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 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.