Australia: Planning & Environment News - 6 March 2018

Last Updated: 10 March 2018
Article by Joseph Monaghan, Breellen Warry, Peter Holt, Gerard Timbs and Jenny Humphris

Most Read Contributor in Australia, October 2018

In the media – National

PCA: New cities report tackles population growth head on
Infrastructure Australia's new report, Future Cities: Planning for our growing population, is a compelling conversation starter about the trajectory of our big cities. Property Council of Australia Chief Executive Ken Morrison said the report confronts the challenges and opportunities arising from population growth head on and called for critical infrastructure funding to be brought forward (23 February 2018). More...

Local councils making cities less liveable, independent infrastructure adviser says
Australia's patchwork of small local councils is threatening urban liveability, according to the independent infrastructure adviser, which is urging the Federal Government to financially reward states which simplify planning processes (23 February 2018). More...

CEFC in finance first to target energy efficiency and sustainability in Australian farming sector
The CEFC is targeting major clean energy benefits in Australian agriculture, with its first equity investment in the sector. As part of the CEFC investment, the CSIRO will contribute expert analysis to enable clean energy learnings to be shared across the farming sector (21 February 2018). More...

NAB in residential green bond first
National Australia Bank has launched a $2 billion residential mortgage-backed bond that, for the first time in Australia, includes $300 million of mortgages that meet the Climate Bonds Standard for low-carbon residential buildings. NAB said the green tranche attracted socially responsible funds and mainstream investors from Australia and internationally, and was almost two times oversubscribed (15 February 2018). More...

Neighbourhood living rooms – we can learn a lot from European town squares
Australian urban design has historically focused on providing and improving access to public green spaces. As cities increase in density, this is a crucial part of creating healthy, engaged communities. But Australian urban designers often fail to consider the "other half" of public space – the town square (14 February 2018). More...

How many governments does it take to plan a city? Fewer is better, a new report says
Australia's patchwork of small local councils is threatening urban liveability, according to the independent infrastructure adviser, which is urging the Federal Government to financially reward states which simplify planning processes (22 February 2018). More...

FOI reveals government found Adani "may have been negligent" in approval process
Adani "may have been negligent" when it failed to disclose its CEO's links to four earlier environmental offences, according to documents released under Freedom of Information (13 February 2018). More...

Basin Authority powerless to act against farmers harvesting floodwaters

The head of the Murray Darling Basin Authority admits the authority is powerless to prevent upstream farmers harvesting rainwater desperately needed to flow through the river system for the benefit of all users (13 February 2018). More...

CEFC invests $25M in Australian first residential housing green bond
The Clean Energy Finance Corporation, which is playing a key role in developing Australia's green bond market, has made a $25 million cornerstone investment in the first ever green tranche of an Australian residential mortgage backed bond (09 February 2018). More...

In the media – Victoria

Local councils struggling to find solution to China recycling ban
Local councils affected by China's ban on importing recyclable waste are given a short-term reprieve, with the Victorian Government chipping in $13 million to help them manage the rubbish, but the municipal association says there's no solution in sight (23 February 2018). More...

Multi-billion-dollar developments on hold in 'unprecedented' Victorian Government move
Billions of dollars worth of development applications at Melbourne's Fishermans Bend have been put on hold by Victoria's planning minister because of design concerns, in a move being called "unprecedented" by both sides of politics (22 February 2018). More...

Sustainable Housing on the rise – Nightingale Housing secures SV grant
Success in last year's Premier's Sustainability Awards is paying off for Nightingale Housing, a not-for-profit program that offers a new vision for residential developments and city living (15 February 2018). More...

Nightingale Model set to fly across Victoria
The Nightingale Model has received a $100,000 boost from the Victorian government in order to replicate and extend its sustainability achievements across the state (15 February 2018). More...

In the media – New South Wales

Three visions for Sydney's density as 2.4 million more people call it home
Sydney must decide how much density it can handle, as it plans for 2.4 million extra residents over the next three decades, amid mounting community backlash towards perceived overdevelopment. Infrastructure Australia, on Friday released landmark report proposing three alternative visions of Sydney in 2046, when the population is projected to hit 7.4 million (23 February 2018). More...

Hunters Hill residents wary of latest announcement on uranium contamination
Residents on Sydney's lower north shore dismiss the Government's latest plans to clean up land contaminated by a uranium smelter more than hundred years ago as "a hollow promise" (21 February 2018). More...

EPA clamps down on rogue retailers failing to register waste tyre loads
The NSW Environment Protection Authority (EPA) has issued 16 penalty notices to businesses across Sydney for failing to register and use the EPA's online tracking system, WasteLocate, to track the movement of their tyres (21 February 2018). More...

Stronger protections on tunnel ventilation facilities
The NSW Government today announced that it is putting in place stronger protections on emissions from motorway tunnels. Under reforms, the ventilation outlets of all current and future operating motorway tunnels in NSW will be regulated by the NSW Environment Protection Authority (17 February 2018). More...

In the media – Queensland

Queensland sets sights on growing sugarcane biorefineries
Renewable jet fuel and diesel made from sugarcane waste could be manufactured across regional Queensland under a project by US company Mercurius and supported by the Palaszczuk Government (20 February 2018). More...

Queensland accepts court block on New Acland coalmine expansion
The state government refuses to provide an environmental licence to allow New Hope to expand mining to the Darling Downs. It was the first time the court had recommended an environmental authority for a mine, known as New Acland coalmine (14 February 2018). More...

Local government representatives' hotline to Integrity Commissioner
Mayors and Local Government Councillors will be able to seek ethical and integrity advice from the Queensland Integrity Commissioner, as part of the Palaszczuk Government's increased transparency and accountability agenda (12 February 2018). More...

Better beef practices to help the Great Barrier Reef
Graziers in the Burnett-Mary region are set to deliver benefits to the Great Barrier Reef and their own farms off the back of more than $600,000 in funding from the Queensland Government for a new project focusing on better land management practices (09 February 2018). More...

In Practice and Courts

Commonwealth

The latest organisation to achieve carbon neutral certification
Brisbane City Council has been certified carbon neutral against the Australian Government's National Carbon Offset Standard (NCOS) (21 February 2018). More...

Amendments to the Threatened Species List
The Minister has approved the inclusion of 19 species, transfer of 8 species, removal of 2 species and retention of 3 species in their current category in the EPBC Act list of threatened species. He also found 3 species ineligible for listing (15 February 2018). More...

Australia's Biodiversity Conservation Strategy
The Department of the Environment and Energy is seeking feedback on this strategy and action inventory for 2018-30. The draft revised strategy is open to public comment until 16 March 2018. More...

Announcements, Draft Policies and Plans released 2017

Victoria

Planning Permit Activity Report
The Planning Permit Activity Report for January 2018 is now available (22 February 2018).

New South Wales

Commencement of updated Environmental Planning & Assessment Act 1979
The NSW Government passed legislation to update the Environmental Planning and Assessment Act 1979 (EP&A Act) in November 2017. Most changes to the Act commenced on 1 March 2018. More...

State Environmental Planning Policy (SEPP) for the remediation of land and the Contaminated Land Planning Guidelines Review
The Department is exhibiting an Explanation of Intended Effect (EIE) for a new Remediation of Land SEPP, as well as draft Planning Guidelines and is seeking comment from the community. Submissions are invited by 31 March 2018. More...

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...

Queensland

Queensland Treasury: New legislation to reform financial assurance and mining rehabilitation performance
The Mineral and Energy Resources (Financial Provisioning) Bill 2018 was introduced into Parliament on 15 February 2018. This important legislation will better protect the community and the environment against the risk of resource companies defaulting on their environmental obligations. The Bill replaces the existing financial assurance provisions for resource activities in the Environmental Protection Act 1994 with a new Mineral and Energy Resources (Financial Provisioning) Act 2018 which establishes the financial provisioning scheme. More...
The Bill also introduces new progressive rehabilitation and closure plan requirements for mining lease environmental authorities for a site-specific application. More...

Cases

Victoria

Inter Urban Pty Ltd v Moreland CC [2017] VCAT 1918
Moreland Planning Scheme; Application under Section 79 of the Planning and Environment Act 1987 against the responsible authority's failure to determine the matter within time; General Residential Zone – Schedule 1 (GRZ1); Amendment VC110; Healthy neighbourhood; Amendment VC 139; Six three storey dwellings; Neighbourhood character; Reduction in residential and visitor car parking; public transport; corner site.

Kong v Rajaratnam (Building and Property) [2018] VCAT 204
Water Act 1989 – s.16(1) – damage suffered by unreasonable flow of water – liability of person who caused the flow – s.19(10) – flow – evidence as the source.

Shayher Properties Pty Ltd v Moreland CC [2018] VCAT 176
Moreland Planning Scheme; Section 77 the Planning and Environment Act 1987; former Pentridge Prison site; Permit already granted for a 19-storey tower in the general location in question; Incremental redevelopment of the former prison site; Proposal for development of a 19-storey tower containing hotel and apartment uses, The lower level hotel use includes the adaptive reuse of the B Division and B Division Annexe heritage buildings; Proposal includes the display of internally illuminated business identification signs at the top of the building; Part-oral decision at the end of the hearing; Interim decision.

New South Wales

City of Ryde Council v Principal Healthcare Finance Pty Ltd (No 3) [2018] NSWLEC 12
APPEAL: Appeal from the making of consent orders by a Commissioner to conclude a Class 1 appeal – whether such orders can or should be set aside – whether appellant is estopped from appealing orders to which it consented – statutory interpretation – conditions of consent – whether key issue was raised at first instance – consideration of objector concerns.

Slade v Kempsey Shire Council [2018] NSWCA 25
ENVIRONMENT AND PLANNING – Environment Protection Agency (EPA) issued a clean-up notice to the appellants in respect of a metal recycling site – appellants failed to comply with the notice – EPA then issued a notice to the respondent council to clean up the site – whether any non-compliance by the respondent with the EPA's notice to it affected the respondent's right to recover its costs and expenses of the clean-up from the appellants.

Leroma Pty Ltd v Randwick City Council [2018] NSWLEC 1073
DEVELOPMENT APPLICATION: residential flat building; component of affordable rental housing; whether proposal is compatible with the character of the locality; setbacks; wall height; and visitor parking.

Queensland

Lock the Gate Alliance Ltd v Chief Executive under the Environmental Protection Act 1994 [2018] QSC 022 ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REFUSAL OF REQUESTS FOR REASONS – where the applicant environmental organisation seeks a statement of reasons for a decision made under s.295 of the Environmental Protection Act 1994 determining the amount and form of financial assurance to be provided by the holder of a mining lease in respect of the Blair Athol coal mine, as a condition of, and as security for the performance of its obligations under, an environmental authority – whether the applicant is a person whose interests are adversely affected by the decision, such that it is entitled to request a statement of reasons for the decision.

Lock the Gate Alliance Ltd v The Minister for Natural Resources and Mines [2018] QSC 021
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REFUSAL OF REQUESTS FOR REASONS – where the applicant environmental organisation seeks a statement of reasons for a decision made under s.318AAV of the Mineral Resources Act 1989 giving indicative approval for the transfer of a mining lease relating to the Blair Athol coal mine – whether the decision to give indicative approval is a decision to which the Judicial Review Act 1991 applies – whether the applicant is a person whose interests are adversely affected by the decision such that it is entitled to request a statement of reasons for the decision.

Spraybuilt Investments (1) Pty Ltd v Brisbane City Council [2018] QPEC 003
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – Whether changes to a development application are a minor change – Whether changes to a development application result in a substantially different development.

Legislation

Commonwealth

Great Barrier Reef Marine Park Amendment (Authority Governance and Other Matters) Bill 2017
Amends the: Great Barrier Reef Marine Park Act 1975 to: replace the existing full-time Chairperson of the Great Barrier Reef Marine Park Authority position with a part-time Chairperson and full-time Chief Executive Officer; establish an additional part-time member position; specify the skills required for the appointment of members; limit the number of consecutive terms able to be served by an individual member; provide for termination of members by the Governor-General for underperformance; require that any other paid work undertaken by a part-time member does not conflict with the proper performance of their duties as a member of the authority; and make a minor technical amendment; and Environment Protection and Biodiversity Conservation Act 1999 to make consequential amendments - House of Representatives: Introduced and read a first time 08 February 2018.

New South Wales

Regulations and other miscellaneous instruments

Biodiversity Conservation (Savings and Transitional) Amendment Regulation 2018
(2018-60) — published LW 23 February 2018.

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