In the media – National
Small-scale renewable energy hits record-breaking
capacity in Australia
Australian homes and businesses have collectively reached the
remarkable milestone of 6,000 megawatt capacity, enough to power
more than 1.8 million homes or every home in Sydney. There are now
almost 2.8 million small-scale installations in Australia, with
Queensland having the largest uptake of systems under the
Small-scale Renewable Energy Scheme (31 August 2017).
More...
UN leads new global push to make cities more
sustainable
A
meeting of the United Nations General Assembly on 5-6 September
is expected to approve the creation of a first-ever official
international body focused on urban sustainability – UN
Urban. The reorganisation follows last October's adoption of
the New Urban
Agenda at the Habitat III Conference in Quito, Ecuador by UN
member state (30 August 2017).
More...
CEDA Housing Australia report a wake-up call for policy
makers
The Property Council of Australia has welcomed the release of the
CEDA Housing Australia Report. "This report is a
wake-up call for Australian governments and another reminder
substantial supply side reforms are required to address housing
affordability," said Ken Morrison, Chief Executive of the
Property Council of Australia (29 August 2017).
More...
Public transport key to city prosperity: Fletcher
Federal urban infrastructure minister Paul Fletcher has spoken at the Australian Transport Summit, laying out the Turnbull government's vision for public transport development in the country's major cities. Referring to a report by Infrastructure Australia, Fletcher noted that further projected population increases in the major cities means that Sydney, Melbourne, Brisbane and Perth will need to "transform the structure of their built environments to accommodate their projected population increases" (21 August 2017). More...
In the media – Victoria
Will Victoria's new apartment guidelines help the
medium density experiment succeed?
New guidelines for apartments and urban design in Victoria have
just been released – but will they be enough to make the
density experiment succeed. The Apartment Design and Urban Design
Guidelines for Victoria aim to help state agencies, local councils,
developers and consumers better understand and apply the Better
Apartments Design Standards (31 August 2017).
More...
Creating Better Apartments and Public Space in
Victoria
The Andrews Labor Government has released new guidelines to improve
design standards for new apartment buildings in Victoria. The Labor
Government has already introduced new standards that ensure new
apartments are built with light, storage, ventilation and enough
room to fit beds and furniture (30 August 2017).
More...
Peri-urban farming: It's a battle just to
survive
Farmers on Melbourne's outer urban fringe are battling
right-to-farm conflicts, skyrocketing rates and the loss of rural
services — and are being outbid by residential developers for
land (30 August 2017).
More...
Inner Metro Partnership
The Victorian Government is encouraging people in Melbourne's
inner suburbs to have their say, as community consultation kicks
off in the lead-up to the first Inner
Metro Partnership assembly on 13 September (25 August 2017). More...
In the media – New South Wales
Planning Agreement Clause reports due 29
September
Over the past six months, we've consulted industry
representatives and peak bodies and received useful feedback on our
service especially in relation to planning agreements. Improvements
include a centralised
mailbox for all initial enquiries in relation to planning
agreements, and under planning agreements reporting clause (Cl.12)
requiring developers to submit an annual report of the status of
their development, a simple
spreadsheet is now available (29 August 2017).
More...
New land management and conservation laws
start
New land management laws, which will improve both environmental
outcomes and farmers' productivity, will begin from tomorrow,
Minister for Primary Industries, Niall Blair, and Environment
Minister Gabrielle Upton said today (24 August 2017).
More...
In the media – Queensland
Land clearing debate to rekindle at next Qld
election
A year after the Palaszczuk Government's proposed stronger land
clearing laws failed to get through Parliament, vegetation
management is shaping up as a major issue at the next election (31
August 2017).
More...
Queenslanders urged to have their say on mixed-use and
resort developments
The Palaszczuk Government is encouraging Queenslanders to have
their say on body corporate issues for mixed-use and resort
developments, following the release of an issues paper this week
(31 August 2017).
More...
Bauxite mine leases to unlock FNQ jobs
Hundreds of jobs in Far North Queensland are closer after the
Palaszczuk Government today granted three mining leases for the
Bauxite Hills Mine project to operator Metro Mining (29 August
2017).
More...
Toxfree fined for Narangba spill
Waste disposal company Toxfree has been fined as a result of a
firefighting foam spill at its Narangba address in April this year.
The Department of Environment and Heritage Protection issued the
company with two penalty infringement notices
(PINs), with a total value of $24,380, for two
breaches of the Environmental Protection Act (28 August 2017).
More...
Gulf water made available to support business,
jobs
Previously unallocated water from the Gulf water catchment is being
made available by the Palaszczuk Government to support business and
jobs growth in the region. Applications can be made for 92,500
megalitres of water in the Cloncurry and Gilbert Rivers to support
agriculture projects that are shovel ready in north west
communities including Cloncurry and Georgetown (28 August 2017).
More...
Underground coal gasification now prohibited in
Queensland
A ban on underground coal gasification (UCG) in
Queensland is now the letter of the law, following the successful
passage of legislation in Parliament today. Issues associated with
two of the three trial projects and the uncertainty about
commercial scale operations, have highlighted significant risks
with this industry which are just not acceptable, according to the
Government (25 August 2017).
More...
Conservation foundation loses appeal against Carmichael
coal mine
Environmentalists who have lost another appeal against Adani's
$16 billion Carmichael coal mine in Queensland's Galilee Basin
say the decision is "just another step in the most significant
environmental campaign of our generation" (25 August 2017).
More...
Adani to fight $12k fine for environmental
breach
The Indian mining giant will contest the fine issued by the
Queensland Government over the unauthorised release of sediment
stormwater from the Abbot Point coal terminal (24 August 2017).
More...
Cross-River Rail: just build it
The CRR business case demonstrates it will create jobs, bust
congestion and must be built, said the IAQ. Deputy Premier and
Minister for Infrastructure Jackie Trad said the
Cross River Rail Business Case 2017 details the challenges and
opportunities facing South East Queensland's
(SEQ) rail network (24 August 2017).
More...
More heritage buildings protected for future
generations
More State heritage places are being better protected with tighter
laws and tougher penalties passed by the Palaszczuk Government. The
passage of the Local Government Electoral (Transparency and
Accountability in Local Government) and Other Legislation Amendment
Bill 2016, and the new Planning Act 2016, were key to
protecting heritage buildings from inappropriate demolition (24
August 2017).
More...
Bill brings certainty to landholders, resources
industry
New legislation introduced into Parliament will provide landholders
and resource companies with greater certainty when negotiating
conduct and compensation agreements and make good agreements. The
Mineral, Water and Other Legislation Amendment Bill would
streamline and improve negotiation processes, making it easier for
landholders and resources companies to co-exist (22 August 2017).
More...
Retired Supreme Court Judge to lead investigation into
interstate waste transportation
Retired Supreme Court Judge, The Honourable Peter Lyons QC will
lead the independent investigation into the transport of waste into
Queensland, following a roundtable last week jointly chaired by the
Premier and Environment Minister Steven Miles (22 August 2017).
More...
Proposal released for Port of Townsville waterfront
redevelopment
A $56 million Market Led Proposal (MLP) for a
Strand ferry terminal and tourism precinct within the Townsville
Waterfront Priority Development Area has been announced by
Queensland Treasurer, Curtis Pitt. Through stage two of the Market
Led Proposal process, SeaLink and Honeycombes will work with the
government and community stakeholders to finalise detailed planning
and the business case to prove that the concept meets the MLP
criteria (21 August 2017).
More...
In Practice and Courts
NSW
Training to Implement the NSW Biodiversity
Reforms
The Biodiversity Conservation Act 2016 and other
supporting legislation became law on 25 August 2017. The Office of
Environment and Heritage (OEH) in partnership with
the Office of Local Government (OLG) has developed
a capacity building program to help with the implementation of this
legislation. More...
Land Management and Biodiversity Conservation
Legislation
New legislation to conserve biodiversity and provide a framework to
regulate native vegetation in NSW is now in place. The
Biodiversity Conservation Act 2016 and the Local Land
Services Act 2013 commenced on 25 August 2017. This new
legislation repeals the Threatened Species Conservation Act
1995, the Nature Conservation Trust Act 2001, and
parts of the National Parks and Wildlife Act 1974. The
Land Management and Biodiversity Conservation
(LMBC) reforms introduce a new biodiversity
offset scheme, an expanded biodiversity certification program and a
new Biodiversity Conservation Trust. More...
State Environmental Planning Policy (Vegetation in
Non-Rural Areas) 2017 (SEPP)
The SEPP will regulate clearing not covered by the Local Land
Services Amendment Act 2016. It regulates clearing of
vegetation in urban LGAs, as well as urban and environmental zones
across the State, where clearing does not otherwise require
development consent under the EP&A Act. More...
Department of Planning and Environment - IHAPs
Overview
Changes to the planning law (Environmental Planning and
Assessment Act 1979) will allow all Greater Sydney and
Wollongong councils to set up a panel to decide local development
applications. More...
Victoria
Apartment Design Guidelines
The Victorian Government has released
new guidelines to improve design standards for new apartment
buildings in Victoria, to help state agencies, local councils,
developers and consumers better understand recent improvements to
design standards. The Victorian Government has also introduced new
Urban Design Guidelines, which are all about improving the design
of public spaces and getting the design of buildings right so they
integrate with areas around them. Both sets of guidelines are
available at
planning.vic.gov.au (01 September 2017).
More...
Social Housing Renewal Standing Advisory
Committee
Make a submission on the suitability of planning proposals for the
redevelopment of social housing sites. The Standing Advisory
Committee will seek submissions on each site once the planning
proposal or group of proposals is provided to it. Interested
parties will be able to view the planning proposal and make
submissions here (01 September 2017).
More...
Edithvale and Bonbeach level crossing
removals
Consultation is open on draft Environment Effects Statement scoping
requirements for the Edithvale and Bonbeach level crossing
removals.
More...
Queensland
Proposed Moreton Bay planning scheme
amendments
Moreton Bay Regional Council is seeking public comment on a
proposed package of amendments to its planning scheme. The suite of
proposed changes is aimed at responding to implementation issues
identified since the planning scheme came into effect on 1 February
2016, and includes three new planning scheme policies plus major
amendments to 11 existing planning scheme policies. Further detail
on the proposed amendments can be found
here. Public consultation is open from 21 August to 6 October
2017. An
online submission form is available, or submissions can be
emailed to mbrc@moretonbay.qld.gov.au
(31 August 2017).
Discussion paper: development of a Lower Burdekin
Groundwater Strategy
Today's release of the discussion paper and the preparation of
an application for Commonwealth funding are just the first steps
towards securing a stronger future for the Lower Burdekin
facilitated by the development of a Lower Burdekin Groundwater
Strategy. Interested parties can review the discussion paper
and provide feedback by 29 September 2017 (01 September 2017).
More...
EHP Prosecution Bulletins
Prosecution bulletin no 5/2017
Cases
Victoria
Zhao v Alibrahim (Residential
Tenancies) [2017] VCAT 1319
Compensation claim by tenants for breach of failure to maintain
property in good repair due to excessive dust when floors sanded
— section 68 Residential Tenancies Act 1997 —
Compensation claim by landlord due to damage caused by tenants
— invalid terms of lease agreement relating to tenants being
required to replace light globes — section 27 Residential
Tenancies Act 1997.
Kraan v Cardinia SC
[2017] VCAT 1331
Pursuant to section 149A(2)(a) of the Planning and Environment
Act 1987, the Tribunal declares that: The subject land has
existing use rights under the Cardinia Planning Scheme for a tree
lopping/vegetation management business conducted from the land (the
Business).
Shiel FCP Pty Ltd v Melbourne
[2017] VCAT 1060
Melbourne Planning Scheme; Arden-Macaulay urban renewal area;
transition in scale at the edge of an urban renewal area; weight to
be given to a current planning scheme amendment.
Biomix Pty Ltd v Environment Protection Authority
(Costs) [2017] VCAT 1310
Application for costs under section 109 of the Victorian Civil
and Administrative Tribunal Act 1998. Application for fee
reimbursement under 115B of the Victorian Civil and
Administrative Tribunal Act 1998. Proceeding conducted under s
33 of the Environment Protection Act 1970. Applicant seeks costs
and reimbursement of fees from objector party. Conduct of objector
party. Strength of grounds of objection.
Queensland
Alloa Properties Pty Ltd v Brisbane City Council [2017]
QPEC 051
APPEAL AGAINST REFUSAL OF DEVELOPMENT APPLICATION – where
respondent refused to approve a development application for
preliminary approval and a development permit – Material
Change of Use – Multiple Dwelling– where proposal
involved partial demolition and relocation of a local heritage
place located in Bowen Terrace, New Farm.
CONFLICT WITH PLANNING SCHEME – whether proposal in conflict
with the strategic intent of the strategic framework of the
Brisbane City Plan 2014 to the extent of Design, Character
and Heritage – whether conflict with Theme 2 Brisbane's
outstanding lifestyle provisions under City Plan 2014
– whether conflict with Low-medium Density Residential zone
– whether conflict with the New Farm and Teneriffe Hill
neighbourhood plan – whether conflict with Multiple
Dwelling Code of City Plan 2014 – whether conflict with
the Heritage Overlay Code under City Plan 2014.
SUFFICIENT GROUNDS – in the event that there was conflict
with the planning scheme were there sufficient grounds for the
purposes of s.326 of the Sustainable Planning Act 2009 to
warrant approval notwithstanding the conflict.
Gerhardt v Brisbane City Council [2017]
QPEC 049
PLANNING AND ENVIRONMENT – BUILDING WORK – where a
building development application is made to a private certifier
seeking a development permit for building work – where
Council, as concurrence agency, refused the development application
– where Council advised that the building work constituted a
material change of use – whether the construction of the
proposed house constitutes a material change of use – whether
a development approval for building work is required from
Council.
Bond v Chief Executive, Department of Environment and Heritage
Protection [2017]
QCA 180
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE
– QUEENSLAND – WHEN APPEAL LIES – BY LEAVE OF
COURT – where the respondent issued an Environmental
Protection Order (EPO) to the applicant–
where the applicant applied to the Planning and Environment Court
to have the EPO declared unlawful and was unsuccessful –
where the applicant seeks leave to appeal against that decision on
the grounds that the learned primary judge erred in law when
dismissing the application – where the case involves
important questions of general application as to the proper
interpretation of the Environmental Protection Act – where
leave to appeal is granted – where an application for review
of the decision to grant the EPO was made within the nominated 10
day period – where the application for review stated that the
decision was unreasonable and should have allowed for a period
longer than 10 days within which to apply for review – where
the application for review relied on there being special
circumstances – where s.521 allows the administrating
authority to extend the 10 day period in special circumstances
– where the applicant alleges that an assessment of whether
there are special circumstances must occur before an EPO is issued
and failure to make such an assessment led to a breach of
procedural fairness and makes the EPO invalid – where the
Environmental Protection Act requires standard criteria to be
considered before an EPO is issued – where the administering
authority is required to balance the standard criteria and the
affected party's interests – where the applicant's
case relies on the brevity of s.521 and depends on the proper
statutory construction of the Environmental Protection Act –
where the proper course of construction is to read the words of a
definition into the enactment and then construe the enactment
– where the objects of the act surround environmental
management – where there were no clear words that would
constrain the rights of the affected party by an EPO after it was
issued – where to prohibit the consideration of special
circumstances after an EPO was issued would constrain the affected
party's rights – whether proper construction of the
Environmental Protection Act restricts the time in which to
determine special circumstances – whether the issue of the
EPO was valid.
Legislation
NSW
State
Environmental Planning Policy (Educational Establishments and Child
Care Facilities) 2017
(2017-494) — published LW 1 September 2017.
State Environmental Planning Policy Amendment (Child Care) 2017 (2017-493) — published LW 1 September 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.