In the media – National
No room for partisan politics in energy
Representatives of Australian communities, including civil
society, households, workers, investors, business energy users and
energy suppliers today challenged all political leaders to stop
partisan antics and work together to reform Australia's energy
systems and markets to deliver the reliable, affordable and clean
energy that is critical to wellbeing, employment and prosperity (13
February 2017). More...
Solar batteries 'exploding' in popularity with
uptake tipped to triple: audit
The first national audit of batteries that store solar power shows
almost 7,000 were installed in Australian homes last year —
and that's predicted to triple this year (14 February 2017).
More...
Renewables the solution to rising power prices: Energy
Australia
One of the country's largest operators of coal-fired power
stations warns big bills are on the way after recent extreme
weather and says renewables are the key to driving down prices (14
February 2017).
More...
Government forces foreign nationals to sell over $100m
worth of illegally acquired Australian real estate
Treasurer the Hon. Scott Morrison has ordered the forced sale of a
further 15 Australian residential properties held by foreign
nationals in breach of the foreign investment framework, taking the
total number of forced sales to 61, with a combined value of $107
million. The 15 latest properties are located in Victoria and
Queensland (06 February 2017).
More...
Federal Court ruling puts Indigenous Land Use Agreements
in doubt
A ruling by the full bench of the Federal Court over Indigenous
Land Use Agreements in WA could have implications for pastoral,
mining, oil, gas, and governments (08 February 2017).
More...
More...
Wholesale electricity price spikes in New South Wales
and Queensland triggers regulator report
The wholesale electricity spot price in New South Wales and
Queensland exceeded $5000/MWh on two occasions on Monday 6
February, reaching $11,692/MWh at 4.30pm and $6,392/MWh at 5pm in
New South Wales and $11,028/MWh at 4.30pm and $6,319/MWh at 5pm in
Queensland (07 February 2017).
More...
CEFC seeks investors following $75m cornerstone
commitment to Palisade Renewable Energy Fund
The Clean Energy Finance Corporation (CEFC) is looking to attract
mid-tier and large institutional investors to support the next wave
of renewable energy projects, with a $75 million cornerstone
commitment to a new specialist renewable energy fund managed by
Palisade Investment Partners (09 February 2017).
More...
Government forces foreign nationals to sell over $100m
worth of illegally acquired Australian real estate
Treasurer the Hon. Scott Morrison has ordered the forced sale of a
further 15 Australian residential properties held by foreign
nationals in breach of the foreign investment framework, taking the
total number of forced sales to 61, with a combined value of $107
million. The 15 latest properties are located in Victoria and
Queensland (06 February 2017).
More...
In the media – Victoria
Cowboy developers thumb noses at planning minister,
fight order to rebuild pub
The developers who illegally demolished Carlton's Corkman Irish
Pub and then promised to rebuild it, are fighting an Andrews
government reconstruction order (13 February 2017).
More...
Emergency heritage listing for St Kilda Road and
surrounds
The Federal Government has granted emergency heritage protection to
St Kilda Road, including its famous tree-lined boulevard and
surrounding environment, by adding it to the National Heritage
register (13 February 2017). More...
Australia's tallest tower to be built in
Melbourne
The Victorian Government approves plans for Australia's tallest
building — a six-star, 90-storey hotel and apartment complex
to be built by casino operator Crown Melbourne (09 February 2017).
More...
Council
endorses proposed change to its Local Laws
The City of Melbourne has endorsed a proposed change to
our Activities Local Law to broaden the restrictions around camping
to better balance the needs of all people in sharing public space
(08 February 2017).
More...
Banning Fracking Once And For All
Landmark legislation to permanently ban fracking for gas will today
return to the Victorian Parliament as the Andrews Labor Government
puts regional communities first. The Resources Legislation
Amendment (Fracking Ban) Bill 2016 amends the Petroleum
Act 1998 and the Mineral Resources (Sustainable
Development) Act 1990 to implement the permanent ban (08
February 2017).
More...
In the media – New South Wales
All NSW merged councils to remain in
place
In addition to maintaining all existing mergers, the Government
will push ahead with those councils in Sydney that are before the
courts. Local government reform is particularly important in Sydney
if we are to deliver on our commitments to increase housing supply,
improve planning and deliver local infrastructure and amenity to
communities. These are strong justifications for proceeding with
mergers (14 February 2017).
More...
Australia's first renewable and advanced energy
startup accelerator program launches in Sydney
Sydney will be home to Australia's first startup accelerator
program focused on developing the state's renewable and
advanced energy sector (13 February 2017).
More...
Australia's largest solar farm proposal on
exhibition
Sunraysia would be the first solar farm in NSW to use batteries to
store energy. This would provide greater energy reliability and
allow the solar farm to produce electricity during periods of peak
demand rather than only during sunlight hours. The proposal is on
public exhibition from 4 February until 5 March.
More... More...
In the media – Queensland
Have your say on the proposed new Caloundra
suburb
Members of the public and community groups are invited to have
their say on a proposal to alter a locality boundary and create a
new suburb in the Caloundra South Priority Development Area (PDA)
(17 February 2017).
More...
New coal mine takes key step forward
Queensland's latest coal mine proposal - the $1 billion Olive
Downs mine near Moranbah - is a step closer after been given
coordinated project status (17 February 2017).
More...
Work starts on master-planned future for Townsville
Port
Work has officially begun on a master plan to drive economic
development in and around the Port of Townsville (16 February
2017).
More...
Environmental authority register adds to
transparency
The Department of Environment and Heritage Protection's
expanded online environmental authority (EA) register will add to
the public transparency surrounding these documents (16 February
2017).
More...
Parliament progresses local management by irrigators in
regional Qld
Irrigators from rural communities are one step closer to managing
their own schemes after the Water (Local Management
Arrangements) Amendment Bill 2016 was passed by the Parliament
(16 February 2017).
More...
Linc Energy's contamination zone widens another 25
kilometres
The Environment Department's Anne Lenz said three out of the 12
private properties outside the exclusion zone tested had flammable
levels of hydrogen, but that number could change. A conditional
litigation funding agreement had been reached with a financial
backer in London and subject to due diligence, and a class action
would be able to proceed within weeks on behalf of 127 claimants
(10 February 2017).
More...
Gas contamination of land south of
Chinchilla
Environment Minister Dr Steven Miles today emphasised the
Palaszczuk Government's priority is to provide support and
advice to the landholders in the Chinchilla and Hopeland
communities (10 February 2017).
More...
North Queensland Stadium another step closer to
kick-off
State Development Minister Dr Anthony Lynham today announced that
CPB Contractors, Watpac Construction and Lendlease Building will be
invited to tender next week for the managing contractor role. This
project is a key component of the Palaszczuk Government's wider
commitment to advancing North Queensland, with more than $2.4
billion in infrastructure improvements allocated in NQ in the
2016-17 State Budget (10 February 2017).
More...
In practice and courts – Commonwealth
Proposed
Basin Plan amendments — Invitation for public submissions
extended
The Murray–Darling Basin Authority (the Authority), acting
pursuant to subsection 47(4) and (5) of the Water Act 2007
(Cth) has sought submissions from interested persons on proposed
Basin Plan amendments.
In practice and courts – Victoria
Government Renewable Energy Purchasing
The Victorian Government will run a tender to help build
75MW of new large scale solar farms, delivering $150 million in new
capital investment and 300 new jobs. Around 35MW of the new solar
farms will be linked to Melbourne's tram network. An open
tender will be run in the first half of 2017 to build
Victoria's first large scale solar farms by the end of 2018.
More...
Independent Review into the Future Security of the
National Electricity Market
The Independent Review into the Future Security of the National
Electricity Market, chaired by Dr Alan Finkel AO, is commencing a
wide-ranging public consultation process on its Preliminary Report
to inform the development of recommendations for the final
blueprint. The Preliminary Report has been released and is
available
here.
More...
In practice and courts – New South Wales
New Regulations to Introduce e-Lodgment for
Councils
The Department of Planning and Environment is exhibiting draft
regulations, that will introduce e-Lodgement for complying
development applications and development applications, until 15
March 2017. Submissions close on 15 March 2017. More...
Consultation: 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
Revised EA register is due to come online February
17
The upgraded register would dramatically increase the number of EAs
available online. The revised EA register was part of EHP's
move to its new Connect system.
Ongoing management of south-west Queensland soil gas
contamination
As has occurred throughout this investigation, EHP will continue to
ensure the community remains informed of the extent of the
contamination and the government's response to it. For further
information contact: ehpinvestigation@ehp.qld.gov.au
(10 February 2017).
More...
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.
Cases – Commonwealth
Western Australian Planning Commission v Southregal Pty Ltd;
Western Australian Planning Commission v Leith [2017] HCA
7
Appeal allowed. Town planning (WA) – Compensation –
Where land reserved for public purpose under planning scheme
– Where s 173 of Planning and Development Act 2005
(WA) makes provision for landowner to be compensated where land
injuriously affected by making or amendment of planning scheme
– Where, under s 177, compensation not payable until land
first sold after reservation or responsible authority refuses
development application or grants application on unacceptable
conditions – Where landowners purchased land affected by
planning scheme after date of reservation – Where purchasers
applied to develop land and were refused – Whether purchasers
entitled to compensation. Words and phrases –
"compensation", "injurious affection",
"planning scheme", "reservation".
Cases – Victoria
Forbes v Vukadinovic [2017] VSC 20
PLANNING – Broiler farms – Classification of broiler
farms – Separation distance – Time for assessing
broiler farm classification and separation distance – Time
for assessing facts relevant to planning schemes considerations and
Code compliance – Significance of two pre-fabricated
dwellings placed by plaintiffs within separation distance of
proposed broiler farms prior to hearing by Victorian Civil and
Administrative Tribunal – Victorian Civil and
Administrative Tribunal Act 1998 (Vic) s 148(1); Victorian
Code for Broiler Farms 2009.
Creative Property Developments Pty Ltd v Stonnington CC
[2017] VCAT 164
The application for a declaration is affirmed. Clause 3.0 of the
General Residential Zone (Schedule 10) of the Stonnington Planning
Scheme enables a permit to be granted for a building or an
extension to a building on the land at 90-96 Mathoura Road, Toorak
that is no higher than the immediately adjacent building/s which
is/are facing the same street in the same zone, being the
building/s at 86A-88 Mathoura Road, Toorak.
Dinopoulos v Darebin CC [2017] VCAT 118
Nightingale Model; Fairfield Village Activity Centre; Commercial 1
Zone; reduction of car parking requirements to zero; Heritage
Overlay HO106; Fairfield Railway Station Signal Box; overshadowing
of public realm; internal amenity.
Cases – Queensland
Whitsunday
Regional Council v Branbid Pty Ltd [2017] QPEC
003
PLANNING AND ENVIRONMENT – whether the use of the
respondent's land for the temporary accommodation of people in
campervans and/or tents, without an effective development permit,
is a development offence – whether an enforcement order ought
to be made.
Swan
v Santos GLNG Pty Ltd & Ors [2017] QPEC
002
PLANNING AND ENVIRONMENT; ENVIRONMENTAL LAW: Where applicant
asserts that the first three respondents have breached
Environmental Authorities affecting his land imposed in relation to
the Gladstone Liquefied Natural Gas Transmission pipeline that was
constructed over part of the land in 2013 – 2014; where the
applicant seeks orders pursuant to s505(5) of the Environmental
Protection Act 1994.
PARTICULARS: where first three respondents assert that the
case presented against them was never properly particularised by
the applicant as to the offences alleged to have been committed,
and the dates and facts and circumstances of such offences.
STATUTORY INTERPRETATION: where Environmental Authorities issued
under the EPA are Statutory Instruments and to be construed in
accordance with general principles of statutory construction.
NO CASE TO ANSWER: where respondents filed a no case application
prior to trial which was heard as part of the trial process;
whether the respondents had a case to answer in the absence of
proper particulars and/or where remedies sought were incompetent
and beyond the jurisdiction of the Court.
Legislation – Commonwealth
Bills
Protection of the Sea (Prevention of Pollution from Ships)
Amendment (Polar Code) Bill 2017
Registered 16/02/2017; Introduced HR 16/02/2017 - The purpose of
this Bill is to amend the Protection of the Sea (Prevention of
Pollution from Ships) Act 1983 (the POTS Act) to implement
amendments to Annexes I, II, IV and V of the International
Convention for the Prevention of Pollution from Ships 1973, as
modified by the Protocol of 1978 relating thereto (MARPOL).
Infrastructure Australia Amendment (Social Sustainability) Bill
2017
Registered 13/02/2017; Introduced HR 13/02/2017 – The purpose
of the Bill is to strengthen the social and community benefit
considerations that are assessed when Infrastructure Australia
looks at the value of infrastructure projects, auditing existing
infrastructure, compiling lists of infrastructure priorities and
developing infrastructure plans. It also requires Infrastructure
Australia to consult with the community when developing corporate
plans.
Native Title Amendment (Indigenous Land Use Agreements) Bill
2017
Registered 13/02/2017; Introduced HR 13/02/2017 – The
Native Title Amendment (Indigenous Land Use Agreements) Bill
2017 amends the Native Title Act 1993 (Cth), to
resolve the uncertainty created by the Full Federal Court decision
in McGlade v Native Title Registrar & Ors [2017] FCAFC
10, regarding area Indigenous Land Use Agreements (area ILUAs). The
primary objectives of the Bill include confirming the legal status
and enforceability of agreements which have been registered by the
Native Title Registrar on the Register of Indigenous Land Use
Agreements without the signature of all members of a registered
native title claimant (RNTC).
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.