In the media – National
Australian researchers to investigate Airbnb's
effect on housing affordability
Airbnb has raised the hackles of strata owners who say the platform
has filled their buildings with unfamiliar faces and parties. It
has also been named a key component of anti-tourist sentiment
sweeping across Europe. But whether it has had an effect on housing
affordability is still an ongoing debate (01 March 2018).
More...
Home values, listings recover across most capital
cities
Home values recovered and held steady across all but one capital
city last week, and in that one made some small gains, according to
the latest CoreLogic data. Houses remained more popular than units,
and the average time on market for both houses and units began to
thaw last week, with all of Melbourne, Hobart and Canberra leading
the way (27 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...
Turnbull Government to clamp down on delays for
electricity meter installations
The Turnbull Government is submitting a rule change request to the
Australian Energy Market Commission (AEMC) to
introduce maximum timeframes for meter installations. The rule
change will see electricity customers avoid delays in getting new
or replacement smart meters (21 February 2018).
More...
Sea levels could rise an extra 60cm if emission
reductions are delayed until 2035: study
A new study estimates sea levels could rise between 0.7 and 1.2
metres by the year 2300, but scientists warn delays in meeting
Paris emissions targets could push them even higher (21 February
2018).
More...
Greenwashing the property market: Why 'green
star' ratings don't guarantee more sustainable
buildings
The sustainability of our buildings is coming under scrutiny, and
"green" rating tools are the key method for measuring
this. Deakin University's School of Architecture and Built
Environment recently reviewed these certification scheme (22
February 2018).
More...
Auditor lobbies for lobbyist update
An audit of the Department of the Prime Minister and Cabinet's
(PM&C) management of the national Register of
Lobbyists has called for the system to be updated. In his report,
Auditor-General Grant Hehir said that while the Department of the
Prime Minister and Cabinet's arrangements to manage the
Australian Government's Register of Lobbyists are consistent
with the framework agreed by Government, improvements could be made
to communications, compliance management and evaluation for the
code and the register (20 February 2018).
More...
Emissions increases approved by regulator may wipe out
$260m of Direct Action cuts
Nearly 60 Australian industrial sites have been given the green
light to increase greenhouse gas pollution, potentially cancelling
out hundreds of millions of dollars of public spending on emissions
cuts under the Coalition's Direct Action climate policy. The
increases have been approved under the "safeguard
mechanism" (19 February 2018).
More...
In the media – Victoria
Historic Snowy Hydro Agreement - A win for
Victorians
The Victorian Government has reached terms for the Commonwealth to
purchase Victoria's share of Snowy Hydro Limited. The agreement
– subject to final approval by the Victorian Parliament
– paves the way for the Prime Minister's proposed Snowy
Hydro 2.0 initiative (02 March 2018).
More...
New vertical farm for CERES Preston
Minister for Energy, Environment and Climate Change Lily
D'Ambrosio today announced that CERES is the latest social
enterprise to receive funding through the $1 million Social Impact
Investment for Sustainability Program (01 March 2018).
More...
Community-based energy programs taking
hold
The potential of regional areas to generate all the power they need
is growing with the cost of renewables coming down as fast as the
price of coal-generated electricity rises (28 February 2018).
More...
In the media – New South Wales
Highest annual number of homes built in Sydney's
history
Sydney's housing construction boomed in 2017, with more homes
built than ever before in a 12-month period (27 February 2018).
More...
NSW Construction Fuels Economy
Completed construction activity in New South Wales rose strongly
over the year as both building and engineering spending notched up
strong growth according to latest ABS construction data, with
construction work completed climbing 8.1 per cent in 2017 (22
February 2018).
More...
In Practice and Courts
ERF: New measurement of soil carbon sequestration in
agricultural systems method
The
measurement of soil carbon sequestration in agricultural systems
method came into effect on 8 February 2018, providing new
opportunities for grazing and cropping (including perennial woody
horticulture) projects to participate in the Emissions Reduction
Fund. See more information about your eligibility requirements
under the Measurement
of soil carbon sequestration in agricultural systems (19
February 2018).
More...
Announcements, Draft Policies and Plans released 2018
Land Use Terms
Submissions are invited on the
Land Use Terms Advisory Committee's Discussion Paper
The Advisory Committee appointed to review and recommend
improvements to land use terms and their definitions in Clause 74
of the VPP has released a Discussion Paper for public comment by 3
April 2018 (02 March 2018).
Approvals
VC144 changes the Victoria Planning Provisions and all
planning schemes by: amending Clause 52.05 (Advertising signs) to
specify 'electronic sign' in Section 2 of Category 3 - High
amenity areas (Clause 52.05-9), with a condition that the
advertisement area must not exceed three square metres increasing
the size of the permitted maximum advertisement area of a
'promotion sign' in Section 2 of Category 3 from two to
three square metres amending Clauses 52.05 and 73 to replace the
term 'home occupation' with 'home based business'
correcting minor errors in Clauses 52.05 and 62.
Cases
Victoria
Jiangzhe Holdings Pty Ltd v Phileo 303 Collins Street Pty Ltd
(Owners Corporations) [2018] VCAT 214
Water – gutter between adjoining buildings but on second
respondent's land – water damage to basement of one of
the buildings – tenant vacates the basement and landlord
(applicant) suffers economic loss – whether there was sub
surface water, or water from the gutter, or both, that caused the
damage – whether there was a flow of water from second
respondent's land – whether second respondent caused the
flow – whether the water caused economic loss - quantum of
compensation – reduction because of settlement reached with
first respondent – Water Act 1958 ss16, 19, 20.
Queensland
Body Corporate for 'Tennyson Reach' v Valuer-General
[2018] QLC 3
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND
APPEALS – QUEENSLAND – where site value is the basis of
valuation – where the highest and best use of the land is in
dispute – where the correct valuation methodology is in
dispute – where the comparability of sales is in dispute
– where rate per square metre of site area is the preferred
method of comparison.
Aria Securities Pty Ltd as Tte v Valuer-General [2018] QLC
2
REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND
APPEALS – QUEENSLAND – where site value is the basis of
valuation – where the highest and best use of the land is not
in dispute – direct comparison of analysed and improved
sales.
Legislation
Foreign Acquisitions and Takeovers Fees Imposition Amendment (Near-new Dwelling Interests) Bill 2018HR: Third reading agreed to 01 March 2018
Introduced with the Treasury Laws Amendment (Reducing Pressure
on Housing Affordability Measures No. 2) Bill 2018, the Bill
amends the Foreign Acquisitions and Takeovers Fees Imposition Act
2015 to impose reconciliation fees on developers who sell a
near-new dwelling to a foreign person under a near-new dwelling
exemption certificate.
New South Wales
Proclamations commencing Acts
Environmental
Planning and Assessment Amendment Act 2014 No 79
(2018-63) — published LW 28 February 2018.
Environmental Planning and Assessment Amendment Act 2017 No
60
(2018-64) — published LW 28 February 2018
Environmental Planning and Assessment and Electoral Legislation
Amendment (Planning Panels and Enforcement) Act 2017 No 39
(2018-65) — published LW 28 February 2018.
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment Regulation
2018
(2018-66) — published LW 28 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.