Australia: Planning & Environment News - 22 January 2018

Last Updated: 26 January 2018
Article by Joseph Monaghan, Breellen Warry, Peter Holt, Gerard Timbs and Jenny Humphris

Most Read Contributor in Australia, September 2018

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) More...

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 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


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...

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.


SDA application for a material change of use in the Galilee Basin State Development Area – closes 02 February 2018.



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.


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.



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.


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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

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
Font Size:
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
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
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 (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

To Use 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.


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.


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