Australia: Planning & environment news – 1 August 2017

Last Updated: 6 August 2017
Article by Joseph Monaghan, Breellen Warry, Peter Holt, Gerard Timbs and Jenny Humphris

Most Read Contributor in Australia, July 2017

In the media – National

Sunshine state lives up to its name – highest rate of solar installations in Australia
Clean Energy Regulator data for June 2017 shows homes and small businesses across Queensland are leading the way on small-scale renewable energy installations (20 July 2017). More...

Acceleration in investment as CEFC commitments exceed $2 billion in 2016-2017
The CEFC has recorded a substantial increase in investment commitments in 2016-2017, with almost $2.1 billion to 35 individual transactions (18 July 2017). More...

Local councils join forces to fight climate change
A group of local government councils are joining forces in an ambitious effort to tackle climate change, inspired by a new report from the Climate Council showing cities, urban centres and rural townships have the potential to slash energy emissions by a staggering 70 per cent (19 July 2017). More...

More action needed to protect vital infrastructure corridors
Australian Local Government Association (ALGA) president Mayor David O'Loughlin writes that while the corridor protection measures put forward by Infrastructure Australia are important and worthwhile, the Federal Government must also address first- and last-mile issues (17 July 2017). More...

First bioregional assessments released
The first full assessments of the potential impacts of coal mining and coal seam gas extraction on a bioregion's water resources have been released as part of the Federal Government's program to strengthen the science used to inform regulatory decision-making and build community confidence in the sustainable development of Australia's coal and gas resources (13 July 2017). More...

Tapping into tidal energy technologies
Harnessing the potential power of tidal energy to contribute to Australia's energy needs is the focus of a three-year mapping project being supported by a $2.5 million investment by the Turnbull Government through the Australian Renewable Energy Agency (ARENA) (13 July 2017). More...

A new era for cities: National Cities Performance Framework
The National Cities Performance Framework (NCPF) announced this week by Minister for Cities and Digital Transformation Angus Taylor has been declared "a new era for cities and how they are managed" by Cities Reference Group member and Chief Executive of Consult Australia, Megan Motto (21 July 2017). More...

$1.57 million grants funding for our National Heritage List places
Forty nine projects from across the country will share in more than $1.57 million of Turnbull Government funding to help protect, conserve and raise awareness of places on Australia's National Heritage List. The National Heritage List now comprises 110 places of outstanding natural, historic and Indigenous significance to Australia (11 July 2017). More...

New ISO standard for measuring building carbon footprints
Measuring, reporting and reducing a building's greenhouse gas output is set to become easier, thanks to a new ISO standard. ISO 16745, Sustainability in buildings and civil engineering works – Carbon metric of an existing building during use stage (12 July 2017). More...

In the media – Victoria

Building the Hepburn Waste to Energy System
Hepburn Shire Council has received $650,000 from the Andrews Labor Government to implement the first stage of an innovative waste to energy system, as part of the second round of the Labor Government's $20 million New Energy Jobs Fund grants. The first stage of the project is expected to be complete by 2020 (22 July 2017). More...

Monitor appointed to Central Goldfields Shire
The Andrews Labor Government will appoint a monitor to examine the governance at Central Goldfield Shire Council. The monitor will now be in place until 30 November and will work to ensure the ongoing stability of the council's governance processes (21 July 2017). More...

Celebrating the return of traditional burning
In light of the success of the Dja Dja Wurrung and Forest Fire Management Victoria partnership, the Andrews Labor Government has since announced a targeted $250,000 in seed funding enabling Victorian Aboriginal leaders to develop a statewide traditional burning strategy (19 July 2017). More...

In the media – New South Wales

EPA issues multiple fines for serious forestry breaches in Putty
The NSW Environment Protection Authority (EPA) has issued penalty notices to contractor Honey Ridge Timber Pty Ltd and landowner, Putty Holdings Pty Ltd for logging in protected areas and polluting a stream on a private property near Putty, north of Sydney (18 July 2017). More...

PCA: Directions Document a welcome approach
The Property Council NSW Executive Director has welcomed the release of the Greater Sydney Commission's Directions for a Greater Sydney 2017 – 2056 that included the announcement of new Growth Infrastructure Compacts to manage Sydney's growth (18 July 2017). More...

Poor controls at the Broken Head Quarry results in $15,000 fine
The NSW Environment Protection Authority has issued Leadshine Pty Limited with a fine of $15,000 for ongoing poor erosion and sediment controls at the Broken Head Quarry (17 July 2017). More...

Coal spill into World Heritage area costs Clarence Colliery more than $3 million
The Land and Environment Court today convicted Clarence Colliery Pty Ltd of two offences and imposed financial penalties totalling $1,050,000 after more than 2,300 tonnes of coal material escaped from a coal storage area on 2 July 2015, causing significant impacts on the Wollangambe River and the World Heritage listed Blue Mountains National Park (14 July 2017). (EPA) More... (ABC) More...

Unlicensed waste operation cost Wyong facility and company director $37,500
The NSW Environment Protection Authority (EPA) has fined Alcon Disposals Pty Ltd $30,000 and the director $7,5000 after the Wyong facility received and stored thousands of tonnes of waste without an environment protection licence (11 July 2017). More...

New suburbs named as priority precincts to fast-track housing supply
To fast-track the building of new homes close to transport and services, 15 new priority precincts have been earmarked for growth and revitalisation (10 July 2017). More...

In the media – Queensland

New Land Court Member Appointed
The Attorney-General and Minister for Justice Yvette D'Ath has appointed Peta Stilgoe OAM as the new member of the Land Court of Queensland (20 July 2017). More...

Property Council responds to draft Ferny Grove-Upper Kedron Neighbourhood Plan
The Property Council has provided a submission to Brisbane City Council's Draft Ferny Grove-Upper Kedron Neighbourhood Plan. Concerns have been raised regarding the functionality of the transport network, the ability to provide increased densities, and unnecessary politicisation of greenfield development within the plan area (20 July 2017). More...

Cane growers commit to change for the Great Barrier Reef
More than 100 cane growers have pledged to protect the Great Barrier Reef by signing up to a Palaszczuk Government program that improves the long-term sustainability of farms and the environment (20 July 2017). More...

Rogue Brisbane tyre company ordered to clean up
A rogue tyre recycling operator, who has had two fires at his business in Brisbane's south, is handed clean-up notices (19 July 2017). More...

Water release drives growth, jobs in north-west
Thousands of megalitres of water will be made available from next month to support business and job growth in the north west (19 July 2017). More...

Mine rehabilitation case study shows the way forward
A resource company case study project to rehabilitate former mining land shows that better environmental outcomes can be achieved, Environment Minister Steven Miles said (14 July 2017). More...

Sun shining on Lockhart River solar project
The light of opportunity is shining on a remote Queensland town, with Lockhart River continuing its transition from a diesel powered community to a solar powered community (12 July 2017). More...

Queensland Adopts Statutory New Planning Regime
Queensland's Planning Act 2016 (Qld) (the Act) commenced this month, together with the Planning Regulation 2017 (Qld), replacing the Sustainable Planning Act 2009 (Qld) (SPA). Not all concepts from the SPA have made their way to the new Act however, with the State Planning Regulatory Provisions, Queensland Planning Provisions as well as compliance assessment and permits notably absent (11 July 2017). More...

Sunshine Coast Council and Unitywater Establish Joint Initiative Aimed At Encouraging Development
The new joint initiative offers a 50% reduction on council infrastructure charges for targeted developments in defined areas of central Nambour and Caloundra, built to a deadline, and where spare council network capacity exists. The two-year program is capped at $10 million (10 July 2017). More...

In practice and courts – Commonwealth

Australian Government's role in the development of cities: Inquiry
The inquiry will investigate potential for the Commonwealth Government to provide leadership and coordinate longer-term national city planning and will be split into two sub-inquiries: Sustainability transitions in existing cities and Growing new and transitioning regional cities and towns. Further information on the inquiry, including the full terms of reference, is available on the Committee website.

New approved conservation advices
The Minister has approved conservation advices for 30 species and six ecological communities that are listed as threatened under the EPBC Act (13 July 2017). More...

Outcomes from the public consultation process on the draft National Carbon Offset Standard for Buildings and Precincts are now available
The outcomes set out the key points raised through the consultation process and outline the Department's position in response to these points (12 July 2017). More...

Updated rules for the treatment of renewable energy under the National Carbon Offset Standard
These rules replace those under section 2.2.4 of the Carbon Neutral Program Guidelines (version 4.0) (12 July 2017). More...

ACSI Corporate Sustainability Reporting in Australia: 2017
This report assesses the level of sustainability disclosure by ASX200 companies for the 2016 reporting period. It is the 10th annual sustainability disclosure review ACSI has undertaken. Given the prominence of climate-related risks for investors, this year's study includes for the first time a review of climate-related disclosures (11 July 2017). More...

In practice and courts – New South Wales

NSW Land and Environment Court
20 July 2017: The Chief Judge has today issued a new practice note for Class 1 Residential Development Appeals, and repealed the practice note of the same name made on 28 March 2017. It commenced on 24 July 2017. More...

Updated: commencement date for new simplified Housing Code and Housekeeping Amendment
The new simplified Housing Code and Housekeeping Amendment will make it easier, faster and cheaper for homeowners to undertake exempt and complying development. The commencement date for these amendments has been updated to 14 July 2017. The new simplified Housing Code can be viewed here (11 July 2017).

Environmental Impact Assessment for State Significant Projects
The Department Planning and Environment is seeking feedback on nine draft guidelines which explain in detail the proposed changes to environmental impact assessment (EIA) for state significant projects. The documents are on exhibition until 1 September 2017. Community information sessions are being held around the state between 19 July and 10 August. More...

Community Consultations on Exhibition

Plans

Revised Sydenham to Bankstown Urban Renewal Corridor Strategy
Open 25/06/2017; Close 03/09/2017.

Policies

Environmental Impact Assessment Improvement Project draft guidelines
Close 01/09/2017.
Proposed amendment to Environmental Planning and Assessment Act 1979
Close 24/07/2017.

In practice and courts – Queensland

UDIA: Neighbourhood plan submission
The Institute provided feedback last week to Brisbane City Council on its draft Ferny Grove-Upper Kedron Neighbourhood Plan (21 July 2017). More...

PCA: Queensland Submission Snapshot
Over the last fortnight, the Property Council has submitted to the State Government on two key areas crucial to the industry's future.
Coastal Management District submission
Queen's Wharf PDA submission

Cases – Victoria

Speechley v Midway Ltd (Building and Property) [2017] VCAT 1014
Claims brought by the applicants under sections 15 and 16 of the Water Act 1989. The applicants own a small farm in Kilmore East Victoria. The respondent managed a large pine plantation on the adjacent property. The pine plantation was completely burned in the Black Saturday fire in 2009. Following the fire, the respondent salvage harvested the pine plantation and planted a blue gum plantation. The applicants bring claims for damages and other relief alleging the respondent caused, or interfered with, flows of water onto their property, and/or the caused pollution (chemical and/or sediment pollution) of water flowing onto their property and into a dam on their property. Claims dismissed.

Cases – New South Wales

Diverse Property (Aust) Pty Ltd v the Council of the City of Sydney [2017] NSWLEC 1384
DEVELOPMENT APPLICATION: Staged application; subsequent stages; integrated development; building envelopes; residential amenity for occupants in terms of acoustics, ventilation, solar access and private open space; amenity impacts including overshadowing of neighbours; objections.

Whittaker v Northern Beaches Council [2017] NSWLEC 1379
DEVELOPMENT APPEAL – Dwelling in a heritage conservation area – proposal to lift the cottage to create undercroft for parking and storage – role of expert evidence - breach of height control - whether request to vary height control satisfactorily deals with requisite matters – failure to identify a environmental planning ground – whether the objectives of the height control are met – proposal does not meet objectives of the height control based on expert evidence – appeal dismissed.

Abrams v The Council of the City of Sydney [2017] NSWLEC 1371
DEVELOPMENT APPLICATION: demolition of the existing commercial building on the site and construction of a new residential flat building - excessive floor space ratio - amenity impacts on future residents - inconsistent with the desired future of the locality.

Marshall Rural Pty Ltd v Basscave Pty Ltd [2017] NSWLEC 84
PRACTICE AND PROCEDURE – motion seeking expedition of proceedings concerning allegedly unlawful earthworks and erection of buildings – whether expedition of proceedings in the public interest – whether other factors warranting expedition of proceedings – application for expedition refused.

Assad v Inner West Council [2017] NSWLEC 1362
DEVELOPMENT APPLICATION: alterations and additions to an existing heritage listed building for a child care centre - unacceptable heritage impacts on the heritage item and adjoining heritage item - inadequate parking - poor access to car park- unacceptable acoustic impacts - inadequate landscaping – resident concerns.

Cases – Queensland

Althaus & Anor v Brisbane City Council [2017] QPEC 041
PLANNING AND ENVIRONMENT – APPEAL – PROPOSED DEMOLITION OF BUILDING WITH TRADITIONAL BUILDING CHARACTER – where the traditional building character was the "timber and tin" character – where the building is structurally unsound – where houses are located in a street of mixed character – whether the proposed demolition complied with the Traditional building character (demolition) overlay code – whether the building is reasonably capable of being made structurally sound – where the demolition of the building would result in meaningful or significant loss of traditional building character – whether the street had no traditional character – whether the house positively contributed to the visual character of the street.

Hawkhaven Pty Ltd v Mackay Regional Council [2017] QPEC 040
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – DEVELOPMENT CONTROL – APPLICATIONS – where development application for material change of use for commercial premises refused by Council – where development application assessed against current planning scheme – whether weight should be given to draft planning scheme – whether development application conflicts with relevant planning schemes – whether sufficient grounds exist to warrant approval.
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – DEVELOPMENT CONTROL – APPLICATIONS – where development application approved subject to conditions – whether conditions valid pursuant to section 345 of Sustainable Planning Act 2009 (Qld).

Cherish Enterprises Pty Ltd v Ipswich City Council [2017] QPEC 038
PLANNING AND ENVIRONMENT – application for declarations – where the applicant made a development application to Council – where the Ipswich Planning Scheme 2006, as amended, was the relevant planning scheme in force at the time of the application – where the applicant had not applied for, or sought approval of, a Precinct Plan or an Area Development Plan under the Springfield Structure Plan – whether the development application made by the applicant is a properly made application – whether it is necessary for a Precinct Plan to have been prepared and approved in order for the development application to be approved and development carried out on the subject land – whether it is necessary for an Area Development Plan to have been approved in order for the application to be approved and development carried out on the subject land.

Ortlipp v Bowyer [2017] QCAT 225
ENVIRONMENT AND PLANNING – TREES, VEGETATION AND HABITAT PROTECTION – DISPUTES BETWEEN NEIGHBOURS – loss of view, sunlight and breezes – leaf litter – where bamboo caused obstruction – whether constituted a severe obstruction – view at the date of possession – whether obstruction is substantial, ongoing and unreasonable interference with use and enjoyment – whether tree order should be made in all the circumstances – appropriate orders.

Legislation - Commonwealth

Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Instrument 2017 19/07/2017 - This instrument amends the Whitsundays Plan of Management 1998 to assist in achieving the objects of the Plan by making the amendments identified as being needed during the 2016-17 review. Effective management of the Whitsunday Planning Area is achieved through periodic review of the Whitsundays Plan of Management 1998 (the Plan) in response to new information and changing uses. The Plan has been reviewed and amended in 1999, 2002, 2005 and 2008. More recently, a review carried out between December 2014 and June 2017 highlighted the need for further amendments to the Plan.

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”

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.