Australia: Planning & Environment News – 3 October 2018

Last Updated: 5 October 2018
Article by Joseph Monaghan, Breellen Warry, Peter Holt, Gerard Timbs and Jenny Humphris

Most Read Contributor in Australia, September 2018

In the media

PIA wins federal parliamentary support for National Settlement Strategy
The Planning Institute of Australia (PIA) has strongly endorsed a federal parliamentary inquiry's call for the development of a national plan of settlement to help guide the growth of Australia's cities and regions (18 September 2018). More...

ClimateWorks: Tracking Progress to Net Zero Emissions report
The ClimateWorks' report does find that the building sector has the potential to reach 69 per cent below 2005 levels by 2030 if it pursues a net zero pathway. Alongside efficiency and clean electricity technologies, stronger standards for buildings and appliances are expected to drive the majority of emissions improvements (17 September 2018). More...

GBCA: Aussie big business signs up to Net Zero Carbon Commitment
Australia's position as a green building world-leader looks set to continue with a raft of leading companies signing up to the World Green Building Council's (WorldGBC) Net Zero Carbon Buildings Commitment being announced in San Francisco (14 September 2018). More...

Australian property companies top the GRESB table again in 2018
For the eighth successive year, the Australia and New Zealand real estate sector has outperformed other regions in the world's sustainability benchmark, the Global ESG Benchmark for real estate assets (GRESB). Australia and New Zealand achieved an average GRESB Score of 76 and outperformed the global average of 68 (12 September 2018). More...

New guide does hard work on energy costs and emissions for Australian property industry
Australian property owners – from residential to large-scale commercial – can immediately cut their energy costs and reduce their emissions thanks to a timely new guide from the Clean Energy Finance Corporation and the Property Council of Australia (12 September 2018). More...

Victoria

Andrews pledges $230m for Cats' stadium as Guy drops plan to scrap grand final holiday
The Victorian Premier promises Geelong's home of AFL will get a new 14,000-seat grandstand, and the city's performing arts centre will be upgraded, if Labor wins November's state election (21 September 2018). More...

Slashing red tape to boost local businesses and create jobs
More than 250 new initiatives have been put in place to reduce Victoria's gross regulatory burden by 25 per cent. These include streamlining the way Councils require, access and collect developer contributions to pay for infrastructure; making retail leases fairer and easier to understand; making it easier for businesses to set up events and festivals and allowing people to take away unfinished open bottles of liquor from licenced venues (14 September 2018). More...

New South Wales

Over 100 actions taken by new water regulator
The Natural Resources Access Regulator (NRAR) took 109 compliance actions, with four progressing to prosecutions under the Water Management Act 2000. Eight landholders were also required to remediate the areas they disturbed (19 September 2018). More...

City of Sydney targets net zero carbon buildings by 2050
Sydney has partnered with more than 100 other cities from around the world in committing to strong action on climate change (19 September 2018). More...

Greater Newcastle Metropolitan Plan unveiled
Minister for Planning and Housing, Anthony Roberts, has announced a new period of investment and growth for Greater Newcastle following the launch of the city's first-ever metropolitan plan (17 September 2018). More...

Commission to lead new koala research on north coast state forests
As a part of the NSW Koala Strategy, the Commission will lead new independent research on how koalas respond to native forests (13 September 2018). More...

Fresh new look for Sydney's Martin Place
Better access to public transport, upgraded public spaces and new commercial buildings will be part of the Martin Place station redevelopment (12 September 2018). More...

Heritage protections to save historic Kings Cross
In a bid to protect Sydney's iconic Kings Cross, the City of Sydney has released new planning controls for Australia's red light capital (12 September 2018). More...

New development precinct Marsden Park North to thrive under new masterplan
Marsden Park North, a new development precinct for Sydney's North West, will become a thriving new community under a NSW Government Masterplan (10 September 2018). More...

Queensland

Gold Coast council asks court to reject a development it approved
A Queensland council has recommended a court refuse a planning application its own councillors signed off on (21 September 2018). More...

Planning for growth sees change in legislation
The Palaszczuk Government has introduced legislation to modernise economic development and planning legislation in Queensland and support job creation. Repealing outdated legislation will mean certainty for landowners that they are required to abide by zoning requirements set out in the Redlands City Plan (19 September 2018). More...

Queensland welcomes new Land Access Ombudsman
Landholders and resource companies have a new avenue to resolve disputes over conduct and compensation agreements and make good agreements with the appointment of Queensland's first Land Access Ombudsman (14 September 2018). More...

Investigation into claims Adani bores put 'sensitive one-million-year-old springs' at risk
The Queensland environment department launches an investigation into a series of groundwater bores drilled by Adani, which conservationists say were sunk without approval, contrary to the miner's claim it had permission for the works (12 September 2018). More...

In practice and courts

Announcements, Draft Policies and Plans released 2018

New South Wales

The New South Wales Critical Infrastructure Resilience Strategy 2018
The Strategy commits to delivering: more resilient critical infrastructure to reduce service disruptions; better emergency management arrangements; stronger relationships between government, business and communities; planning for critical infrastructure that prioritises resilience, adaptation and mitigation investment. For more about the Resilient Sydney strategy, click here (14 September 2018). More...

New dates for Environmental Planning & Assessment Act updates
Councils, certifiers and other industry practitioners have more time to implement some of the recent EP&A Act updates. Changes affect new provisions for building and subdivision certification, Local Strategic Planning Statements for councils in the Greater Sydney Region and Community Participation Plans.

New South Wales water metering framework consultation
The NSW Government is committed to implementing a robust new metering framework to measure and meter water take in NSW. The new framework is a commitment under the NSW Government's Water Reform Action Plan. You are invited to comment on the policy and draft regulation by 30 September 2018. The regulation will commence on 1 December 2018 https://www.industry.nsw.gov.au/water-reform/consultation

Queensland

Gazetted: Notice of a Major Amendment to Brisbane City Plan 2014 made under the Sustainable Planning Act 2009
Brisbane City Council has adopted amendments to Brisbane City Plan 2014 to include the Ferny Grove—Upper Kedron neighbourhood plan together with necessary consequential amendments. The amendments apply to parts of the suburbs of Upper Kedron, and commenced on 21 September 2018. The amendments can be accessed by searching for 'Ferny Grove-Upper Kedron neighbourhood plan' here.

EHP Prosecutions: $250,000 fine for Dianne Mining for evading environmental responsibilities
The Cairns Magistrates Court issued a $250,000 fine to the company—as well a $50,000 fine to an executive officer—for actions which posed a very serious risk of harm to the environment. More...

Revised contaminated land auditor handbook released
In consultation with the Australian Contaminated Land Consultants Association, a revised version of the Queensland auditor handbook for contaminated land is now available. The handbook is an important resource for people who are, or want to become, auditors for contaminated land in Queensland. It also provides information to those people who investigate and write contaminated land investigation documents as well as providing the community with details about how contaminated land is regulated (12 September 2018).

PCA: Combustible Cladding Safe Buildings website
The 'Safer Buildings' website will be the portal through which building owners register and begin the new statutory three stage process, aimed at identifying buildings in Queensland that may have potentially combustible cladding. Details ore outlined here.

Department of Environment and Science: Current prosecutions
Prosecution bulletin no 12/2018

Cases

Victoria

Aquadonis Pty Ltd v Kingston CC (Red Dot) [2018] VCAT 1407
NATURE OF CASE - Application under section 79 of the Planning and Environment Act 1987 - whether CHMP required - whether application should be dismissed in accordance with the reasoning in Stanley Pastoral Pty Ltd v Indigo SC [2015] VCAT 36.
LOCATION OF PASSAGE OF INTEREST Paragraphs 14 & 15.
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LAW – Issue of interpretation or application. The Tribunal has jurisdiction to determine a section 79 application if the requirement to prepare a CHMP arises after the date the application is made.

New South Wales

Cole v Pilowsky [2018] NSWLEC 1495
TREES (DISPUTES BETWEEN NEIGHBOURS) – Hedges – obstruction of sunlight – consent orders – one tree not situated on adjoining land – one of respondents' two trees removed – no jurisdiction for orders

Cumberland Council v Tony Younan; Cumberland Council v Ronney Oueik; Cumberland Council v H & M Renovations Pty Ltd [2018] NSWLEC 145
ENVIRONMENTAL OFFENCES – Defendants charged under s 125(1) of Environmental Planning and Assessment Act 1979 (NSW) – offence of carrying out development without a construction certificate where a construction certificate was required – alternative charge of aiding, abetting or procuring carrying out of offence – whether alternative charge available.
CRIMINAL LAW – Hearing on separate questions before matters proceed to trial – whether proceedings brought out of time – when evidence of the offence was brought to the attention of an investigations officer – whether Land and Environment Court has power to hear proceedings brought in relation to accessorial liability pursuant to common law principles.

Sydney Advantage Investments Pty Ltd v Deep River Group Pty Ltd T/as Precise Planning [2018] NSWLEC 151
JUDICIAL REVIEW - Application for extension of time to commence proceedings - arguable case established - adequate explanation for delay - balancing interests warrants granting extension - extension granted.

Snowy Monaro Regional Council v Tropic Asphalts Pty Ltd [2018] NSWCCA 202
ENVIRONMENT AND PLANNING – Consent – conditions – construction – condition required development to be carried out substantially in accordance with a statement of environmental effects – whether statement imposed a limit on the maximum daily production of a plant. ENVIRONMENT AND PLANNING – Offences – prosecutions – practice and procedure – charges laid for breach of conditions imposing maximum daily limits on plant operations without specifying particular day – whether charges bad for duplicity.

Help Save Mt Gilead Inc v Mount Gilead Pty Ltd (No 4) [2018] NSWLEC 149
JUDICIAL REVIEW - Requests for statements of reasons - document provided by Council not a statement of reasons - document provided by Department not a statement of reasons of the Minister's Delegate - documents rejected.
JUDICIAL REVIEW - Making of amendment of local environmental plan - provision of zoning map with application for gateway determination - complaint no zoning map provided - indicative layout plan provided - held plan provided sufficient detail to satisfy statutory provision - if plan did not do so, failure did not vitiate process for seeking of gateway determination - Ground 1 rejected.
JUDICIAL REVIEW - Allegation of defective air quality report as part of public consultation process - ground seeks impermissible factual review of report's conclusion - report's conclusion not manifestly unreasonable - Ground 2 rejected.
JUDICIAL REVIEW - Failure of Council to consider report lodged concerning desirable curtilage of items listed as local heritage items in LEP - holding out that report would be considered - circumstances of holding out limited - circumstances not satisfied - unnecessary to consider if power to waive requirement for timings of lodgement of submissions - community consultation process did not fail as a consequence of non-consideration of report - Ground 3 rejected.
JUDICIAL REVIEW - Alleged failure to consider likelihood of state heritage listing of expanded curtilage - no basis to believe OEH would have advised expanded curtilage being considered - statutory heritage listing process not commenced prior to making of LEP amendment - expanded curtilage not necessarily in conflict with rezoning - three separate reasons to reject Ground 4 - Ground 4 rejected.
COSTS - Multiple respondents - potential for public interest challenge argument available to Applicant - costs reserved.

Johnston v Wollongong City Council [2018] NSWLEC 1331
APPEAL – Development application – dwelling on headland – coastal processes – precedent – visual impact of the development on a prominent headland.

Soligo v Fairfield City Council [2018] NSWLEC 1484
DEVELOPMENT APPLICATION – Subdivision – non-compliance with LEP standard, whether cl 4.6 of FLEP is satisfied.

Wilson v MidCoast Council [2018] NSWLEC 1489
APPEAL - Modified development consent granted for a service station and convenience store - appeal against the terms of a condition of consent requiring a levy contribution under s 94 - whether the formula used to calculate the monetary contribution for a petrol station and convenience store should include a discount for passing trade trips - whether there is power to modify the terms of the condition - whether the condition is unreasonable in the particular circumstances of the case.

McEwan v Port Stephens Council [2018] NSWCATAP 211
APPEAL – ADMINISTRATIVE LAW – Access to objections to development application – balancing of interests for and against disclosure where information sought is open access information – public interest considerations against disclosure – application of appeal right where part of reasons not disclosed to appellant – adequacy of reasons – need to address material evidence against existence of factor relied upon to refuse disclosure.

Whittaker v Northern Beaches Council (No 3) [2018] NSWLEC 143
SEPARATE QUESTION - Whether proposed development is permissible with consent or is prohibited – applicable principles of construction of an environmental planning instrument – meaning of "geotechnical hazard" and "natural hazard" – whether the term "geotechnical hazard" is a "like description" for "natural hazard" – held it is not – development permissible with consent.

Charitable Islamic Association of Beirut City Incorporated v The Owners Strata Plan No 75506 [2018] NSWCATAP 207
APPEAL – Whether Tribunal below erred in the exercise of its discretion to refuse an adjournment application made at the commencement of the hearing below – no error of the exercise of discretion established.

Castle 78 Pty Ltd (ABN 57 606 424 720) v Liverpool City Council [2018] NSWLEC 1476
DEVELOPMENT APPLICATION - Conciliation conference - agreement between the parties - orders.

Queensland

Albion Mill FCP Pty Ltd & Anor v FKP Commercial Developments Pty Ltd [2018] QCA 229
CONTRACTS – VENDOR AND PURCHASER – DISCLOSURE OF MATERIAL FACTS – Where the respondent entered into a contract with the appellant in July 2015 for the sale of a development site – where three of the lots comprising part of the development site were contaminated and included in the environmental management register – where the former s 421 Environmental Protection Act 1994 (Qld) required a vendor of contaminated land recorded in the environmental management register to give written notice to a potential purchaser of the particulars of the land recorded in the register and details of any site management plans prior to any agreement for disposal of the land – where the appellant attempted to rescind the contract in reliance upon s 421(3) Environmental Protection Act 1994 (Qld) – where the employee of the related company who was granted access to the data room was the sole director of the appellant – where the learned trial judge was satisfied that notice under s 421 Environmental Protection Act 1994 (Qld) had been given to the appellant by the respondent – whether written notice had been given to the appellant by the respondent as required by s 421(2) Environmental Protection Act 1994 (Qld), such that the appellant was not entitled to rescind the contract under s 421(3) Environmental Protection Act 1994 (Qld).
APPEAL AND NEW TRIAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE'S FINDINGS OF FACT.

Waterman v Logan City Council [2018] QPEC 44
PLANNING AND ENVIRONMENT COURT – APPLICATION – Where in the substantive proceedings the Appellants are challenging a decision by the Council to grant preliminary approvals only with respect to the Appellants' development application – where in those proceedings the Appellants are also challenging conditions of the preliminary approvals – where orders of this court have previously identified the issues in dispute by reference to the Notice of Appeal and the Co-Respondent by Election's issues in dispute – where the disputed issues refer to the Council's decision to grant preliminary approval only and to some conditions – where Council now seeks to contend that the development application should be refused – whether the Planning and Environment Court has jurisdiction to hear Council's issues – whether the Court should, in the exercise of its discretion, permit the Council to expand the issues in dispute.

Beauchamp v Brisbane City Council [2018] QPEC 43
PLANNING AND ENVIRONMENT – APPEAL – Appeal against refusal of proposed partial demolition of pre 1947 dwelling house – whether proposed partial demolition would result in loss of integral component, whether development would result in a narrow building with a width-to-height proportion out of character – whether development would diminish traditional building form – whether development would result in a loss of traditional building character – whether compliance with relevant overall outcomes.

Bunnings Group Ltd v Sunshine Coast Regional Council & Ors [2018] QPEC 42
PLANNING AND ENVIRONMENT – APPEAL – Appeals against refusals – refusals of development applications for a material change of use of premises to establish a Bunnings Warehouse.
CONFLICT – Conflict with the superseded planning scheme – whether proposed developments conflict with the superseded planning scheme.
PLANNING NEED – Whether there is a need for a Bunnings Warehouse at Coolum Beach.
GROUNDS – Whether there are sufficient grounds to justify an approval of a Bunnings Warehouse on the land despite the conflicts.

Delta Contractors (Aust) Pty Ltd v Brisbane City Council [2018] QPEC 41
PLANNING AND ENVIRONMENT – APPEAL – Appeal against refusal of a proposed partial demolition of a pre-1946 dwelling house – whether the partial demolition results in the loss of integral components which contribute to streetscape character – whether the proposed partial demolition diminishes traditional building form – whether the partial demolition will result in loss of traditional building character – whether the partial demolition reduces the building's positive contribution to the visual character of the street – whether the development ought be approved having regard to relevant matters.

Legislation

Airports Amendment Bill 2018
Finally passed both Houses 12 September 2018.
Amends the Airports Act 1996 to: implement a differential master plan submission cycle for federal leased airports (excluding Mount Isa and Tennant Creek); mandate the inclusion of an Australian Noise Exposure Forecast in each new master plan; increase the monetary trigger for major development plans (MDPs) from $20 million to $35 million and enable the minister to review and revise the monetary trigger every three years; specify a 15 business day statutory timeframe within which the minister must consider applications from airport-lessee companies for reduced consultation periods for MDPs.

New South Wales

Non-Government
Environmental Planning and Assessment Amendment (Short-term Rental Accommodation) Bill 2018
Marine Parks Amendment (Moratorium) Bill 2018

Bill passed by both Houses of Parliament – 21 September 2018
Strata Schemes Management Amendment (Building Defects Scheme) Bill 2018

For the full text of Bills, and details on the passage of Bills, see here.

Queensland

Bills

Economic Development and Other Legislation Amendment Bill 2018
Introduced on 19/09/2018 Referred to Committee on 19/09/2018
Part 3 Amendment of Building Act 1975
Amendment of s 83 (General restrictions on granting building development approval); Part 20 Transitional provision for Economic Development and Other Legislation Amendment Act 2018; 346 Existing building development applications.
Part 4 Amendment of Building Queensland Act 2015
Amendment of s 14 (Preparation of business cases for infrastructure proposals); Amendment of s 15 (Preparation of infrastructure pipeline document.

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
Holding Redlich
 
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
Holding Redlich
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