Australia: Planning & Environment News - 11 September 2017

Last Updated: 15 September 2017
Article by Joseph Monaghan, Breellen Warry, Peter Holt, Gerard Timbs and Jenny Humphris

Most Read Contributor in Australia, August 2018

In the media – National

Small-scale renewable energy hits record-breaking capacity in Australia
Australian homes and businesses have collectively reached the remarkable milestone of 6,000 megawatt capacity, enough to power more than 1.8 million homes or every home in Sydney. There are now almost 2.8 million small-scale installations in Australia, with Queensland having the largest uptake of systems under the Small-scale Renewable Energy Scheme (31 August 2017). More...

UN leads new global push to make cities more sustainable
A meeting of the United Nations General Assembly on 5-6 September is expected to approve the creation of a first-ever official international body focused on urban sustainability – UN Urban. The reorganisation follows last October's adoption of the New Urban Agenda at the Habitat III Conference in Quito, Ecuador by UN member state (30 August 2017). More...

CEDA Housing Australia report a wake-up call for policy makers
The Property Council of Australia has welcomed the release of the CEDA Housing Australia Report. "This report is a wake-up call for Australian governments and another reminder substantial supply side reforms are required to address housing affordability," said Ken Morrison, Chief Executive of the Property Council of Australia (29 August 2017). More...

Public transport key to city prosperity: Fletcher

Federal urban infrastructure minister Paul Fletcher has spoken at the Australian Transport Summit, laying out the Turnbull government's vision for public transport development in the country's major cities. Referring to a report by Infrastructure Australia, Fletcher noted that further projected population increases in the major cities means that Sydney, Melbourne, Brisbane and Perth will need to "transform the structure of their built environments to accommodate their projected population increases" (21 August 2017). More...

In the media – Victoria

Will Victoria's new apartment guidelines help the medium density experiment succeed?
New guidelines for apartments and urban design in Victoria have just been released – but will they be enough to make the density experiment succeed. The Apartment Design and Urban Design Guidelines for Victoria aim to help state agencies, local councils, developers and consumers better understand and apply the Better Apartments Design Standards (31 August 2017). More...

Creating Better Apartments and Public Space in Victoria
The Andrews Labor Government has released new guidelines to improve design standards for new apartment buildings in Victoria. The Labor Government has already introduced new standards that ensure new apartments are built with light, storage, ventilation and enough room to fit beds and furniture (30 August 2017). More...

Peri-urban farming: It's a battle just to survive
Farmers on Melbourne's outer urban fringe are battling right-to-farm conflicts, skyrocketing rates and the loss of rural services — and are being outbid by residential developers for land (30 August 2017). More...

Inner Metro Partnership
The Victorian Government is encouraging people in Melbourne's inner suburbs to have their say, as community consultation kicks off in the lead-up to the first Inner Metro Partnership assembly on 13 September (25 August 2017). More...

In the media – New South Wales

Planning Agreement Clause reports due 29 September
Over the past six months, we've consulted industry representatives and peak bodies and received useful feedback on our service especially in relation to planning agreements. Improvements include a centralised mailbox for all initial enquiries in relation to planning agreements, and under planning agreements reporting clause (Cl.12) requiring developers to submit an annual report of the status of their development, a simple spreadsheet is now available (29 August 2017). More...

New land management and conservation laws start
New land management laws, which will improve both environmental outcomes and farmers' productivity, will begin from tomorrow, Minister for Primary Industries, Niall Blair, and Environment Minister Gabrielle Upton said today (24 August 2017). More...

In the media – Queensland

Land clearing debate to rekindle at next Qld election
A year after the Palaszczuk Government's proposed stronger land clearing laws failed to get through Parliament, vegetation management is shaping up as a major issue at the next election (31 August 2017). More...

Queenslanders urged to have their say on mixed-use and resort developments
The Palaszczuk Government is encouraging Queenslanders to have their say on body corporate issues for mixed-use and resort developments, following the release of an issues paper this week (31 August 2017). More...

Bauxite mine leases to unlock FNQ jobs
Hundreds of jobs in Far North Queensland are closer after the Palaszczuk Government today granted three mining leases for the Bauxite Hills Mine project to operator Metro Mining (29 August 2017). More...

Toxfree fined for Narangba spill
Waste disposal company Toxfree has been fined as a result of a firefighting foam spill at its Narangba address in April this year. The Department of Environment and Heritage Protection issued the company with two penalty infringement notices (PINs), with a total value of $24,380, for two breaches of the Environmental Protection Act (28 August 2017). More...

Gulf water made available to support business, jobs
Previously unallocated water from the Gulf water catchment is being made available by the Palaszczuk Government to support business and jobs growth in the region. Applications can be made for 92,500 megalitres of water in the Cloncurry and Gilbert Rivers to support agriculture projects that are shovel ready in north west communities including Cloncurry and Georgetown (28 August 2017). More...

Underground coal gasification now prohibited in Queensland
A ban on underground coal gasification (UCG) in Queensland is now the letter of the law, following the successful passage of legislation in Parliament today. Issues associated with two of the three trial projects and the uncertainty about commercial scale operations, have highlighted significant risks with this industry which are just not acceptable, according to the Government (25 August 2017). More...

Conservation foundation loses appeal against Carmichael coal mine
Environmentalists who have lost another appeal against Adani's $16 billion Carmichael coal mine in Queensland's Galilee Basin say the decision is "just another step in the most significant environmental campaign of our generation" (25 August 2017). More...

Adani to fight $12k fine for environmental breach
The Indian mining giant will contest the fine issued by the Queensland Government over the unauthorised release of sediment stormwater from the Abbot Point coal terminal (24 August 2017). More...

Cross-River Rail: just build it
The CRR business case demonstrates it will create jobs, bust congestion and must be built, said the IAQ. Deputy Premier and Minister for Infrastructure Jackie Trad said the Cross River Rail Business Case 2017 details the challenges and opportunities facing South East Queensland's (SEQ) rail network (24 August 2017). More...

More heritage buildings protected for future generations
More State heritage places are being better protected with tighter laws and tougher penalties passed by the Palaszczuk Government. The passage of the Local Government Electoral (Transparency and Accountability in Local Government) and Other Legislation Amendment Bill 2016, and the new Planning Act 2016, were key to protecting heritage buildings from inappropriate demolition (24 August 2017). More...

Bill brings certainty to landholders, resources industry
New legislation introduced into Parliament will provide landholders and resource companies with greater certainty when negotiating conduct and compensation agreements and make good agreements. The Mineral, Water and Other Legislation Amendment Bill would streamline and improve negotiation processes, making it easier for landholders and resources companies to co-exist (22 August 2017). More...

Retired Supreme Court Judge to lead investigation into interstate waste transportation
Retired Supreme Court Judge, The Honourable Peter Lyons QC will lead the independent investigation into the transport of waste into Queensland, following a roundtable last week jointly chaired by the Premier and Environment Minister Steven Miles (22 August 2017). More...

Proposal released for Port of Townsville waterfront redevelopment
A $56 million Market Led Proposal (MLP) for a Strand ferry terminal and tourism precinct within the Townsville Waterfront Priority Development Area has been announced by Queensland Treasurer, Curtis Pitt. Through stage two of the Market Led Proposal process, SeaLink and Honeycombes will work with the government and community stakeholders to finalise detailed planning and the business case to prove that the concept meets the MLP criteria (21 August 2017). More...

In Practice and Courts

NSW

Training to Implement the NSW Biodiversity Reforms
The Biodiversity Conservation Act 2016 and other supporting legislation became law on 25 August 2017. The Office of Environment and Heritage (OEH) in partnership with the Office of Local Government (OLG) has developed a capacity building program to help with the implementation of this legislation. More...

Land Management and Biodiversity Conservation Legislation
New legislation to conserve biodiversity and provide a framework to regulate native vegetation in NSW is now in place. The Biodiversity Conservation Act 2016 and the Local Land Services Act 2013 commenced on 25 August 2017. This new legislation repeals the Threatened Species Conservation Act 1995, the Nature Conservation Trust Act 2001, and parts of the National Parks and Wildlife Act 1974. The Land Management and Biodiversity Conservation (LMBC) reforms introduce a new biodiversity offset scheme, an expanded biodiversity certification program and a new Biodiversity Conservation Trust. More...

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (SEPP)
The SEPP will regulate clearing not covered by the Local Land Services Amendment Act 2016. It regulates clearing of vegetation in urban LGAs, as well as urban and environmental zones across the State, where clearing does not otherwise require development consent under the EP&A Act. More...

Department of Planning and Environment - IHAPs Overview
Changes to the planning law (Environmental Planning and Assessment Act 1979) will allow all Greater Sydney and Wollongong councils to set up a panel to decide local development applications. More...

Victoria

Apartment Design Guidelines
The Victorian Government has released new guidelines to improve design standards for new apartment buildings in Victoria, to help state agencies, local councils, developers and consumers better understand recent improvements to design standards. The Victorian Government has also introduced new Urban Design Guidelines, which are all about improving the design of public spaces and getting the design of buildings right so they integrate with areas around them. Both sets of guidelines are available at planning.vic.gov.au (01 September 2017). More...

Social Housing Renewal Standing Advisory Committee
Make a submission on the suitability of planning proposals for the redevelopment of social housing sites. The Standing Advisory Committee will seek submissions on each site once the planning proposal or group of proposals is provided to it. Interested parties will be able to view the planning proposal and make submissions here (01 September 2017). More...

Edithvale and Bonbeach level crossing removals
Consultation is open on draft Environment Effects Statement scoping requirements for the Edithvale and Bonbeach level crossing removals. More...

Queensland

Proposed Moreton Bay planning scheme amendments
Moreton Bay Regional Council is seeking public comment on a proposed package of amendments to its planning scheme. The suite of proposed changes is aimed at responding to implementation issues identified since the planning scheme came into effect on 1 February 2016, and includes three new planning scheme policies plus major amendments to 11 existing planning scheme policies. Further detail on the proposed amendments can be found here. Public consultation is open from 21 August to 6 October 2017. An online submission form is available, or submissions can be emailed to mbrc@moretonbay.qld.gov.au (31 August 2017).

Discussion paper: development of a Lower Burdekin Groundwater Strategy
Today's release of the discussion paper and the preparation of an application for Commonwealth funding are just the first steps towards securing a stronger future for the Lower Burdekin facilitated by the development of a Lower Burdekin Groundwater Strategy. Interested parties can review the discussion paper and provide feedback by 29 September 2017 (01 September 2017). More...

EHP Prosecution Bulletins
Prosecution bulletin no 5/2017

Cases

Victoria

Zhao v Alibrahim (Residential Tenancies) [2017] VCAT 1319
Compensation claim by tenants for breach of failure to maintain property in good repair due to excessive dust when floors sanded — section 68 Residential Tenancies Act 1997 — Compensation claim by landlord due to damage caused by tenants — invalid terms of lease agreement relating to tenants being required to replace light globes — section 27 Residential Tenancies Act 1997.

Kraan v Cardinia SC [2017] VCAT 1331
Pursuant to section 149A(2)(a) of the Planning and Environment Act 1987, the Tribunal declares that: The subject land has existing use rights under the Cardinia Planning Scheme for a tree lopping/vegetation management business conducted from the land (the Business).

Shiel FCP Pty Ltd v Melbourne [2017] VCAT 1060
Melbourne Planning Scheme; Arden-Macaulay urban renewal area; transition in scale at the edge of an urban renewal area; weight to be given to a current planning scheme amendment.

Biomix Pty Ltd v Environment Protection Authority (Costs) [2017] VCAT 1310
Application for costs under section 109 of the Victorian Civil and Administrative Tribunal Act 1998. Application for fee reimbursement under 115B of the Victorian Civil and Administrative Tribunal Act 1998. Proceeding conducted under s 33 of the Environment Protection Act 1970. Applicant seeks costs and reimbursement of fees from objector party. Conduct of objector party. Strength of grounds of objection.

Queensland

Alloa Properties Pty Ltd v Brisbane City Council [2017] QPEC 051
APPEAL AGAINST REFUSAL OF DEVELOPMENT APPLICATION – where respondent refused to approve a development application for preliminary approval and a development permit – Material Change of Use – Multiple Dwelling– where proposal involved partial demolition and relocation of a local heritage place located in Bowen Terrace, New Farm.
CONFLICT WITH PLANNING SCHEME – whether proposal in conflict with the strategic intent of the strategic framework of the Brisbane City Plan 2014 to the extent of Design, Character and Heritage – whether conflict with Theme 2 Brisbane's outstanding lifestyle provisions under City Plan 2014 – whether conflict with Low-medium Density Residential zone – whether conflict with the New Farm and Teneriffe Hill neighbourhood plan – whether conflict with Multiple Dwelling Code of City Plan 2014 – whether conflict with the Heritage Overlay Code under City Plan 2014.
SUFFICIENT GROUNDS – in the event that there was conflict with the planning scheme were there sufficient grounds for the purposes of s.326 of the Sustainable Planning Act 2009 to warrant approval notwithstanding the conflict.

Gerhardt v Brisbane City Council [2017] QPEC 049
PLANNING AND ENVIRONMENT – BUILDING WORK – where a building development application is made to a private certifier seeking a development permit for building work – where Council, as concurrence agency, refused the development application – where Council advised that the building work constituted a material change of use – whether the construction of the proposed house constitutes a material change of use – whether a development approval for building work is required from Council.

Bond v Chief Executive, Department of Environment and Heritage Protection [2017] QCA 180
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF COURT – where the respondent issued an Environmental Protection Order (EPO) to the applicant– where the applicant applied to the Planning and Environment Court to have the EPO declared unlawful and was unsuccessful – where the applicant seeks leave to appeal against that decision on the grounds that the learned primary judge erred in law when dismissing the application – where the case involves important questions of general application as to the proper interpretation of the Environmental Protection Act – where leave to appeal is granted – where an application for review of the decision to grant the EPO was made within the nominated 10 day period – where the application for review stated that the decision was unreasonable and should have allowed for a period longer than 10 days within which to apply for review – where the application for review relied on there being special circumstances – where s.521 allows the administrating authority to extend the 10 day period in special circumstances – where the applicant alleges that an assessment of whether there are special circumstances must occur before an EPO is issued and failure to make such an assessment led to a breach of procedural fairness and makes the EPO invalid – where the Environmental Protection Act requires standard criteria to be considered before an EPO is issued – where the administering authority is required to balance the standard criteria and the affected party's interests – where the applicant's case relies on the brevity of s.521 and depends on the proper statutory construction of the Environmental Protection Act – where the proper course of construction is to read the words of a definition into the enactment and then construe the enactment – where the objects of the act surround environmental management – where there were no clear words that would constrain the rights of the affected party by an EPO after it was issued – where to prohibit the consideration of special circumstances after an EPO was issued would constrain the affected party's rights – whether proper construction of the Environmental Protection Act restricts the time in which to determine special circumstances – whether the issue of the EPO was valid.

Legislation

NSW

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017
(2017-494) — published LW 1 September 2017.

State Environmental Planning Policy Amendment (Child Care) 2017 (2017-493) — published LW 1 September 2017.

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
Peter Holt
Gerard Timbs
Similar Articles
Relevancy Powered by MondaqAI
 
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 Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
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
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

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 or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq 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 of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions