Australia: Property & Real Estate News – 18 June 2018

In the media - National

NABERS for Apartments is a "watershed moment" for strata sustainability
NABERS for Apartment Buildings has gone live and is expected to be a major shakeup for owners corporations, investors, developers and builders. The new NABERS Co-assess and Waste tools – will measure and score energy and water used in apartment common property areas, such as carparks, gyms and lobbies, which can be responsible for more than 50 per cent of total energy use (07 June 2018). More...

Protection of Australia's Commemorative Places and Monuments
The Australian Heritage Council's report to the Minister for the Environment and Energy on the protection of Australia's commemorative places and monuments has been released (01 June 2018). More...

House Price Decline 'Larger than Expected'
The sale of new homes in five of Australia's largest states tumbled last month, with one of the big four bank's predicting that weakness in the market will be graver than expected (07 June 2018). More...

As costs rise, Aussies are demanding energy-efficient buildings
Australian consumers are demanding energy efficiency in new buildings – and ignoring this trend could be dangerous for the building industry (24 May 2018). More...

Housing Affordability Improves Across Australia: Report
Housing affordability has improved across the country despite falls in Victoria, South Australia and ACT during the first quarter of 2018, according to research from the Real Estate Institute of Australia (06 June 2018). More...

Funded projects announced for national historic sites 2017-18
Dozens of projects will share in more than $4.42 million under the Protecting National Historic Sites program to protect, manage and conserve historic places on our National Heritage List (31 May 2018). More...

In the media - Victoria

Melbourne Road to be Built with Recycled Plastic Waste
A new project in Melbourne's north is taking soft plastics and glass diverted from landfills to construct a Victorian road in an Australian-first trial (01 June 2018). More...

Developers to Be Hit with Occupancy Charge for Blocking Traffic
The Victorian government will charge developers thousands of dollars if they clog up busy roads under a trial to be introduced to bust congestion around building sites (29 May 2018). More...

Getting It Done: Mordialloc Freeway Planning Continues
Planning for the congestion-busting Mordialloc Freeway has taken another step forward, with final scoping requirements for the Environment Effect Statement (EES) signed off. The ESS will be prepared by VicRoads in close consultation with DELWP and a technical reference group (TRG) consisting of statutory agencies, department and local councils (31 May 2018). More...

In the media - Queensland

Brisbane council's ban on townhouses, apartments in low density areas is 'backwards'
A Brisbane City Council plan to stop townhouses and apartments being built in areas for single homes is "going backwards" in terms of urban planning, experts say (08 June 2018). More...

Council to stop developers building on privately owned sporting land
Lord Mayor Graham Quirk said it was not his desire to see the issue of the shortage of aged care and retirement places to be caught up in community controversy, and will proceed without any proposed changes to sport and recreation land sites (29 May 2018). More...

Published

Australian national strata data 2018
Hazel Easthope, Caitlin Buckle, Vandana Mann; City Futures Research Centre: 31 May 2018
This comprehensive national report of the strata and community title sector reveals there are about 2.6 million strata title lots in Australia with an insured value of close to $1 trillion. The report highlights the economic value of the sector to the national economy and will be an invaluable tool for policy makers deciding the framework in which the strata industry operates. More...

National water reform: inquiry report
Productivity Commission: 31 May 2018
It is crucial that Australia persists in managing its water resources well, given our dry and highly variable climate and the importance of water to our economy. Some jurisdictions have become complacent. This report is an assessment of the progress in achieving the objectives and outcomes of the National Water Initiative (NWI) and the need for any future reform. More...

Queensland major projects pipeline 2018
Queensland Major Contractors Association, Construction Skills Queensland, Infrastructure Association of Queensland; Construction Skills Queensland: 04 June 2018
The key finding of this report is that major project work has risen by 58% in 2017/2018 to $6.9 billion, after two successive years of low activity. More...

In Practice and Courts

Commonwealth

New online portal launched by NERA (National Energy Resources Australia)
The portal is an electronic repository for environmental 'reference cases' – detailed reports that capture common content relating to the environmental impacts and risks of offshore petroleum activities. The portal has the potential to significantly reduce the assessment burden on companies in terms of cost, timeframes and uncertainty by simplifying the preparation and submission of new environment plans for future exploration (23 May 2018). More...

REIQ sale of land contracts and GST on property transactions
From 1 July 2018, there will be changes to how GST is paid on the settlement of the purchase of new residential premises or potential residential land subdivisions. The Australian Taxation Office (ATO) has published information about these changes on its website.

Victoria

Guidance on negotiating voluntary affordable housing agreements under the Planning and Environment Act
On 1 June 2018 several amendments to the Planning and Environment Act 1987 (the Act) came into operation. The amendments to the Act facilitates voluntary agreements for the provision of affordable housing as part of development applications. DELWP has released web-based guidance on negotiating voluntary affordable housing agreements under the Act. More...

Red Dot Decisions
Greater Geelong CC v C & D Recycling Pty Ltd (Red Dot) [2018] VCAT 831 (31 May 2018)
Applications for cancellation and/or enforcement of a permit for materials recycling.

New South Wales

New short-term holiday letting regulations
The regulatory framework is designed to ensure that local communities continue to gain from the economic benefits of short-term holiday letting, while protecting neighbours from anti-social behaviour. The new framework will include new planning laws, an industry Code of Conduct and new provisions for strata scheme by-laws. There will also be additional conditions for bushfire prone land to ensure visitor safety. For more information visit the NSW Planning & Environment website (06 June 2018). More...

Greenfield Housing Code
The changes start on 6 July 2018, the new Code will be included in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. In essence, it is a simplifying of the development process and aligning the requirements for development across greenfield areas. The planning rules and the code are also presented in plain English to clearly explain planning rules. More...

Queensland

PCA: Foreign investment decline
In the lead up to the 2018/19 Queensland State Budget, the Property Council released new research highlighting the economic importance of foreign property investment to the Queensland economy. The full report can be accessed here (08 June 2018).

Titles Registry updates
Trust details form 20 was introduced for use from 28 May and is available on the Titles Registry website.
Revised Queensland Titles Registry fees will take effect from 1 July 2018. A summary has been released listing the revised fees that will apply during the 2018-2019 financial year. The Titles Registry online fee calculator will continue to use 2017-2018 fees up to and including 30 June 2018. From 1 July the updated fees will be reflected.

Cases

Courtyard of Earl Pty Ltd v Boroondara CC [2018] VCAT 871
Section 77 of the Planning & Environment Act 1987; Boroondara Planning Scheme; General Residential Zone 3; Construction of nine triple storey dwellings; Planning Policy; Neighbourhood Character; External Amenity Impacts, Internal Amenity; Impact on existing vegetation; Traffic Impacts.

Lotus Projects Pty Ltd v Moira SC [2018] VCAT 863
Section 77 of the Planning and Environment Act 1987; Moira Planning Scheme; Characterisation of advertising sign; Promotion sign. No permit.

Greater Geelong CC v C & D Recycling Pty Ltd (Red Dot) [2018] VCAT 831
NATURE OF CASE Applications for cancellation and/or enforcement of a permit for materials recycling.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE
APPLICATION – significant, interesting or unusual use or development; application, principle; or circumstances.
Consideration of cancellation vs enforcement; planning scheme considerations relevant to cancellation and enforcement; consideration of environmental and economic matters; role of owner in enforcement proceedings where non-compliance by occupier; adoption of a 'least worst' outcome in attempt to avoid a legacy site.

Gaindome Pty Ltd v Tomac [2018] QCAT 152
LANDLORD AND TENANT – RETAIL AND COMMERCIAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED TERMS AND PROTECTION FOR LESSEES – OTHER MATTERS – retail shop lease dispute – arears of rent – failure to reinstate – decision by default.

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
Chris Brodrick
Katie Miller
Gerard Timbs
 
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
 
Related Articles
 
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