Australia: Planning & Environment News - 26 April 2017

Last Updated: 1 May 2017
Article by Joseph Monaghan, Breellen Warry, Peter Holt and Gerard Timbs

Most Read Contributor in Australia, August 2017

In the media – National

$18 million for six new Reef projects
The Coalition Government is providing more than $18 million for six new projects to improve water quality and protect riparian coastal habitats and marine species in the Great Barrier Reef (13 April 2017). More...

2017 State of the Land
The ninth annual State of the Land report has been released. The report, sponsored by the UDIA and based on the National Land Survey Program (NLSP) by Charter Keck Cramer and Research 4, is a rare, "bottom-up" analysis of one of the most important housing markets in the country -- the greenfield land market (05 April 2017). More...

CEFC achieves $150m milestone in energy efficiency finance for 1,000 small business projects
The Clean Energy Finance Corporation has financed more than 1,000 specialist energy efficiency projects undertaken by a broad range of small businesses, topping $150 million in CEFC investment. The projects are reducing business energy consumption, with the added benefit of lowering overall emissions (04 April 2017). More...

CEFC delivers further boost to renewable energy in New South Wales
The Clean Energy Finance Corporation will invest a further $80 million in renewable energy in regional New South Wales, bringing to $350 million the amount of finance the CEFC has committed to the State's renewable energy sector in just four months (03 April 2017). More...

In the media – Victoria

Renewable Energy Projects to Boost Supply and Create Jobs
The Andrews Labor Government has announced $1 million to establish a series of community power hubs in regional Victoria and investigate the renewable energy potential of Bendigo's historic mineshafts (12 April 2017). More...

In the media – New South Wales

NSW receives massive infrastructure boost
An extra $2.6 billion will be invested into new infrastructure across NSW following the successful concession of Land and Property Information's titling and registry services to a majority Australian consortium, Premier Gladys Berejiklian and Treasurer Dominic Perrottet have announced (12 April 2017). More...

New coastal dredging strategy to improve waterway safety and access
The NSW Government will invest an additional $8 million over four years to improve the accessibility and health of the State's waterways, with the release of the NSW Coastal Dredging Strategy (12 April 2017). More...

EPA stamps down on pesticide offences in Western Sydney
The NSW Environment Protection Authority (EPA) has stamped down on poor pesticide practices in Western Sydney, issuing three fines totalling $3,450 in March 2017 (05 April 2017). More...

SafeWork NSW fast-tracking asbestos assessments on flood damaged properties
SafeWork NSW is waiving the five-day asbestos removal work notification period to allow immediate clean-up of asbestos debris from storm-damaged properties in north east NSW (04 April 2017). More...

Draft District Plans must be amended to help solve Sydney's Housing Crisis
The six district plans for Metropolitan Sydney must be amended to drive housing supply, says the Urban Taskforce (03 April 2017). More...

In the media – Queensland

Queensland 2011 flood victims to mediate with Government
The Queensland Government and managers of the state's dams are ordered by the New South Wales Supreme Court to meet with lawyers for 2011 flood victims to try and settle a class action and avoid a lengthy trial (13 April 2017). More...

Linc Energy liquidators responsible for EPA breach
A Brisbane court has ruled the liquidators of Linc Energy are responsible for the company breaching an environment protection order issued in May last year. Five former executives of Linc Energy face charges relating to the company's alleged contamination of a large swathe of prime farmland (13 April 2017). More...

Tender awarded for services to enhance Aboriginal participation in Queensland carbon farming
Environment Minister Steven Miles today announced Aboriginal Carbon Fund (AbCF) had been chosen to deliver carbon farming projects that will create jobs in Aboriginal communities (13 April 2017). More...

Have your say on plans for world-class university precinct in Moreton Bay
Moreton Bay residents are being encouraged to have their say on 'The Mill at Moreton Bay' Priority Development (PDA) site, which will guide its transformation into a world-class innovation and knowledge precinct (12 April 2017). More...

Chinese developer offers to buy Gold Coast farmland
Chinese developer, Songcheng, offers contracts to buy up 6,000 hectares of farmland between Brisbane and the Gold Coast (13 April 2017). More...

Abbot Point coal terminal water spill to cause 'significant damage'
The Queensland government is investigating water spills from the Abbot Point coal terminal into neighbouring wetlands as an expert predicts long-term environmental damage (10 April 2017). More...

In practice and courts – Victoria

New Apartment Standards Introduced
Amendment VC136 changes the Victoria Planning Provisions and all planning schemes by introducing new planning provisions for apartment developments in Victoria by amending Clause 55 and introducing a new Clause 58. View more information in Advisory Note 66 (13 April 2017).

In practice and courts – New South Wales

Exempt and Complying Development: equipment for bottles and cans
The proposed amendments to the policy for will be on public exhibition until 26 April 2017. People are encouraged to give their feedback in a submission. To make a submission on the proposed amendment visit More information about the NSW Container Deposit Scheme can be found on the Environment Protection Authority's website.

Cases – Queensland

Linc Energy Ltd (in Liq) [2017] QSC 053
CORPORATIONS – WINDING UP – WINDING UP VOLUNTARILY – CONDUCT AND INCIDENTS OF WINDING UP – EFFECT OF WINDING UP ON OTHER TRANSACTIONS – DISCLAIMER OF ONEROUS PROPERTY – where a company was the proprietor of land and held a Mineral Development License and Petroleum Facility Licence in respect of that land – where the company held an Environment Authority issued under the Environmental Protection Act 1994 (Qld) in association with each of the licenses – where the respondent issued an environmental protection order under the Environmental Protection Act 2007 (Qld) to the company in administration – where the company entered voluntary winding up and the applicants were appointed as liquidators – where the applicants gave notice disclaiming the land licences, the Environment Authorities and the land the subject of the licenses under s 568 of the Corporations Act 2001 (Cth) – whether the company's obligation to comply with the environmental protection order could be terminated as a liability in respect of disclaimer property.
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – INCONSISTENCY OF LAWS (CONSTITUTION, S 109) – PARTICULAR CASES – OTHER MATTERS – where the applicants argued they would be entitled to terminate their obligations arising under the Environmental Protection Act 2007 (Qld) by way of a disclaimer under ss 568 and 568D of the Corporations Act 2001 (Cth) – where the applicants argued that the Corporations Act 2001 (Cth) prevailed over the Environmental Protection Act 2007 (Qld) to the extent of any inconsistency by reason of s 109 of The Constitution – where s 5G of the Corporations Act 2001 (Cth) provided that provisions of the Corporations Act 2001 (Cth) do not apply where they are inconsistent with a state law in force immediately prior to the coming into operation of the Corporations Act 2001 (Cth) – whether s 5G(11) of the Corporations Act 2001 (Cth) has the effect that s 568D(1) of the Corporations Act 2001 (Cth) does not operate in Queensland to the extent necessary to ensure that no inconsistency arises.

Spry v Brisbane City Council (No 2) [2017] QPEC 021
PLANNING AND ENVIRONMENT – PRACTICE AND PROCEDURE - Costs – Where the appellant abandoned four of its five grounds of appeal during final submissions – where the appellant did not succeed on the remaining grounds of appeal - Whether the appellant should be ordered to pay the co-respondent's costs of an appeal – Whether the abandonment of the grounds of appeal constituted a "surrender" – Whether a costs order should be made when there was no final determination of the merits of each of the grounds of appeal – Whether the appellant had reasonable prospects of success – Whether the grounds of appeal were unmeritorious – Whether there was disentitling conduct by the co-respondent.

Tamborine Mountain Progress Association Inc v Scenic Rim Regional Council [2017] QPEC 019
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – Whether changes to a development application are a minor change – Whether changes to a development application result in a substantially different development.

Council of the City of Gold Coast v Sedgman Consulting Pty Ltd [2017] QPEC 018
PLANNING AND ENVIRONMENT – APPEAL AGAINST DECISION OF THE BUILDING AND DEVELOPMENT COMMITTEE – whether the appeal was commenced in time – whether the Building and Development Committee exceeded its jurisdiction in deciding an appeal made out of time – whether the Building and Development Committee made an error of law or exceeded its jurisdiction in deciding the Compliance Permit was invalid - whether the Building and Development Committee made an error of law or exceeded its jurisdiction in failing to properly decide the appeal lodged in relation to the conditions imposed on the compliance permit.

Swan v Santos GLNG Pty Ltd & Ors (No 2) [2017] QPEC 017
COSTS - PLANNING – ENVIRONMENT: where applicant wholly unsuccessful in application for orders pursuant to s 505 of the Environmental Protection Act 1994; whether applicant had any reasonable prospects of successfully obtaining such orders; where applicant had failed to properly particularise or relate evidence to alleged breaches of Environmental Authorities, whether applicant had obstructed or delayed or acted unreasonably in the proceeding.

Marchesi v Noosa Council [2017] QLC 19
Appeal against a categorisation decision.

Consolidated Tin Mines Ltd on behalf of Snow Peak Mining Pty Ltd & Anor v Dunn & Ors [2017] QLC 18
Hearing of applications for mining leases and objections; Objections to application for environmental authority.

Shimrad Pty Ltd & Anor v Collins & Ors [2017] QLC 17
Compensation for renewal of mining lease; Application for variation of access.

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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