In the media – National
Renewable energy to power Stawell Farm a
"world's first"
The Victorian state government has stated that it will
build a major new wind farm with battery storage in Western
Victoria that will power the expansion of Stawell's Nectar
Farms (08 January 2018).
More...
Snowy 2.0 feasibility study released
The study released today states the project is
technically feasible, and estimated to cost between $3.8-4.5
billion. According to the project timeline set out in the study,
Snowy 2.0 could be providing first power by late 2024 (20 December
2017).
More...
Solar research gets $29.2m boost
Australian solar cell research has received a $29.2
million boost from the Australian Renewable Energy Agency, and UNSW
has 11 of the 22 projects (20 December 2017).
More...
Release of 2017 Climate Change Policy Review
The Department of the Environment and Energy has released
the 2017 review of Australia's climate change policies. The
full review can be found on the
Department of Environment and Energy's website (19 December
2017).
More...
(Corporate) More... (Media)
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CEFC finance supports cleaner grid with forecasting
technology at battery ready Oakey Solar Farm
The CEFC is extending its commitment to the Oakey Solar
Farm in south-east Queensland, in an investment that will also
deliver forecasting technology to enhance grid stability and energy
reliability (30 December 2017).
More...
In the media – Victoria
Fixing More Mobile Blackspots across Regional
Victoria
The Labor Government will use the $11 million it planned
to invest in the third round of the Commonwealth program to build
new mobile towers across regional Victoria. Those towers will
remove mobile blackspots and make regional communities safer, more
liveable and more connected (10 January 2018).
More...
Two big Vic windfarms show renewables tide turning
Sustainability Victoria CEO Stan Krpan has welcomed
confirmation of two major windfarm developments in the state saying
we've turned a corner in the shift to renewable energy.
Construction of the first stage of the Murra Warra project begins
next year. It is expected to be fully operational by mid-2019.
Goldwind expects construction of the $700m Stockyard Hill
development to begin in the first quarter of 2018 (22 December
2017).
More...
Like it or loathe it, here's why Apple doesn't
need a planning permit for its Fed Square store
Despite the prominent public role played by
Melbourne's Federation Square, Apple's new "flagship
store" to be built within it won't even require a planning
permit. This is thanks to an obscure planning process that planning
minister Richard Wynne has exempted from public exhibition (22
December 2017).
More...
New building fire safety laws come into force
New laws to enhance fire safety in high-rise buildings
will come into force today, Minister for Better Regulation Matt
Kean said. Under the Building Products (Safety) Act 2017,
the government can ban building products – for example,
external wall cladding – from being used in unsafe ways (18
December 2017).
More...
In the media – New South Wales
Contributions to fund Hunter development
Parliamentary Secretary for Planning and the Hunter, Scot
MacDonald MLC today announced the first region-wide Special
Infrastructure Contributions (SIC) scheme will
apply in the Hunter region allowing for the funding of
infrastructure to be shared with the development industry (18
December 2017).
More...
NSW Government makes it easier to deliver essential
infrastructure
Planning policy amendments by the NSW Government will
make it easier and faster to deliver and maintain infrastructure,
while ensuring appropriate levels of environmental assessment and
public consultation are undertaken (15 December 2017).
More...
In the media – Queensland
Property Council welcomes independent housing supply
panel
The Property Council of Australia has today welcomed the
State Government's move to establish a formal South East
Queensland Housing Supply Expert Panel to monitor supply and demand
for housing in the region (11 January 2018).
More...
Town planner James Stott turns into disrupter with
sitefinder
A Brisbane town planner has launched a
"disrupter" for his own industry in the form of a website
providing one-click property research for homeowners, builders,
architects and developers (10 January 2018).
More...
North Queensland station owner cleared land without
federal approval
A North Queensland farmer has cleared a section of land
without approval required under Federal Law, the Commonwealth
Environment Department confirms (08 January 2018).
More...
State development scheme to boost Bundaberg
industry
The first development scheme for the Bundaberg State
Development Area (SDA) has been approved, and is
set to boost industrial growth and create jobs in the region (22
December 2017).
More...
Palaszczuk Government moving ahead on Herston
Quarter
Another milestone in the $1.1 billion Herston Quarter
development has been reached, with the project development scheme
approved today (22 December 2017).
More...
Development application for Queen's Wharf Brisbane
approved
The $3 billion Queen's Wharf Brisbane integrated
resort development is now one step closer after Economic
Development Queensland this week approved Destination Brisbane
Consortium's Plan of Development application (21 December
2017).
More...
In Practice and Courts
Commonwealth
Commonwealth environmental water for sale in
Gwydir
The Commonwealth Environmental Water Holder today
announced the sale of 5 GL of allocation water from the Gwydir (05
January 2018).
More...
Announcements, Draft Policies and Plans released 2017
Victoria
Planning Permit Activity Report
The Planning Permit Activity Report for
November 2017 is now available (24 December 2017).
Residential Aged Care Development proposed planning
reforms: consultation now open
Reforms to the Victoria Planning Provisions are
proposed to support appropriately designed and located residential
aged care development in established residential areas to cater for
an aging population. The consultation period commences 14 December
2017 and concludes 16 February 2018.
More...
Fishermans Bend Draft Framework Plan Consultation
Draft Planning Scheme Amendment GC81 to the Melbourne and
Port Phillip Planning Schemes has been prepared to implement the
vision for Fishermans Bend through a suite of permanent controls
and a new Fishermans Bend Framework Plan. A Directions Hearing was
held on 20 December 2017. A Public Hearing will be held the week
commencing 12 February 2018. More...
New South Wales
State Environmental Planning Policy (SEPP) review
The NSW Department of Planning and Environment
(DP&E) has released its Explanation of
Intended Effect (EIE) for a State Environmental
Planning Policy that aims to simplify planning rules for a number
of water catchments, waterways, urban bushland, and Willandra Lakes
World Heritage Property. More...
Policies
Draft Primary Production and Rural Development State Environmental
Planning Policy and planning reforms Closed 15/01/2017.
Proposed amendments to the Voluntary Land Acquisition and
Mitigation Policy and Mining SEPP Closes 16/02/2018.
Queensland
Consultations
SDA application for a material change of use in the
Galilee Basin State Development Area – closes 02 February
2018.
Cases
Victoria
Knol v EPA Greater Geelong CC [2018] VCAT
33
Intensive animal husbandry – Dairy farm for 14,000
goats; Works Approval; Notice of Decision to Grant a Planning
Permit; Key issues relate to Q fever human health risk and
wastewater management.
Hanger v Moonee Valley CC [2018] VCAT
37
Neighbourhood character; Overshadowing open space;
Sunlight to windows; Overshadowing solar panels.
Queensland
Gallo v Chief Executive, Department of Natural Resources and
Mines [2017] QSC 331
ADMINISTRATIVE LAW — JUDICIAL REVIEW
—REVIEWABLE DECISIONS AND CONDUCT — STATUTORY
INTERPRETATION — Where applicant seeks statutory review of a
decision regarding the applicant's water entitlement as
licensees under the Water Act 2000 (Qld) — where
applicant argued the decision-maker erred by failing to take a
relevant consideration in to account — whether s 66(3)(a)
Water Regulation 2002 (Qld) needed to be taken into
account — whether a water entitlement of 0% bespeaks error
— whether the decision maker should have taken the outcomes
listed in the Water Resource (Barron) Plan 2002 (Qld) into
account.
Nichols Constructions P/L v Intensia P/L
[2017] QDC 319
CONTRACT – RESCISSION – Where contract for
sale of land – where land contaminated with asbestos after
contract – whether seller knew land would become contaminated
– whether breach of warranty that seller not aware of any
facts or circumstances that may lead to the land as being
classified as contaminated land within the meaning of the
Environmental Protection Act 1994.
CONTRACT – RESCISSION – Where seller warrants there is
no outstanding obligation to give a notice under the
Environmental Protection Act 1994 of notifiable activity
being conducted on the land – where removal of asbestos from
buildings into a bin for transport away from land sold –
whether breach of warranty – whether asbestos was being
"disposed of on the land" within the meaning of the
Environmental Protection Act 1994.
CONTRACT – RESCISSION – ESSENTIAL TERM – Whether
obligation not to do anything regarding the property that may
significantly alter it or result in later expense for the buyer is
an essential term – whether by reason of asbestos
contamination the seller breached that obligation – whether
that breach gave the buyer a right to terminate.
CONTRACT – RESCISSION – Where sewer line undisclosed
on title and by contract – whether material error,
encroachment or mistake – whether material to the buyer
– whether material objectively – whether buyer entitled
to terminate.
STATUTES – INTERPRETATION – Where removal of asbestos
from buildings into a bin for transport away from land –
whether a "notifiable activity is being carried out on the
land" within the meaning of the Environmental Protection
Act 1994.
G8C Pty Ltd ATF Crick Family Trust v Sunshine Coast Regional
Council [2017] QPEC
077
ENVIRONMENT AND PLANNING – APPLICATION – s 71
Planning Act 2016 – Where the applicant applied for
the making of changes to a development approval previously granted
by the Court – Where the applicant requests to make
purportedly minor change to the development approval – Where
the respondent supports the application – Where the
application is supported by the uncontested evidence of a town
planner – Whether the proposed changes are minor changes and
should be approved.
Traspunt No 4 Pty Ltd v Moreton Bay Regional Council (No
2) [2017] QPEC 076
PLANNING AND ENVIRONMENT – APPEAL – COSTS
– where further order required in respect to the proper
disposal of the proceeding – where respondent seeks its costs
on an indemnity basis, limited to those costs of its second set of
written submissions and the hearing on 3 December 2015 –
where appeal to be allowed to the extent that it be declared that
the clearing of firebreaks is essential management and not
assessable development is appropriate – where an order made
that each party must bear its own cost of the appeal.
Legislation
Victoria
Statutory Rules made
No. 132: Victorian Civil and Administrative Tribunal
(Fees) Amendment Regulations 2017
Date of Making: 19/12/2017 Commencement: 19/12/2017.
Not yet in operation: N/A Sunset Date: 19/12/2027.
Queensland
Statutory Rules as made
No 229: Economic Development (Herston Quarter PDA) Amendment Regulation 2017 – 22 December 2017.
No 233: State Penalties Enforcement (Nature Conservation) Amendment Regulation 2017 – 22 December 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.
