In the media
National
Social Value: the new currency in construction and
infrastructure
Recent major project awards have vividly illustrated that
it is no longer good enough to offer the cheapest price to win a
bid - you must also show that you are contributing positively to
society. Federal and state governments are also regulating and
legislating for it in the form of many initiatives (04 October
2018).
More...
Cost over-runs and delays hit more solar projects and
contractors
Talk of cost-over-runs, and contract disputes between
developers and EPC contractors have been widespread through the
industry over the last year, with at least some of the issues
caused by strict new rules imposed by networks and the Australian
Energy Market Operator (21 September 2018).
More...
Housing Industry Association: Bi-partisan support for a
Federal Housing Minister
Appointing a Housing Minister is one of 37 recommendations
contained in the "Building Up and Moving Out" report
released by the House of Representatives Standing Committee on
Infrastructure, Transport and Cities. The report also lists a
number of actions that a new Minister for Housing would be
responsible for (20 September 2018).
More...
New South Wales
Sydney Light Rail delayed again, completion now May
2020
The civil construction company building Sydney's
troubled light rail tells a NSW parliamentary inquiry the project
has been delayed again, and will not be complete until May 2020 (04
October 2018).
More...
Tradies to save $52 million thanks to Better Business
reforms
Tradies will save $52.3 million over 10 years from not
having to renew their licenses every three years, as part of the
NSW Government's Better Business reforms. Minister for Better
Regulation Matt Kean said it followed extensive public
consultation, which also showed significant support for retaining
13 home building licenses (04 October 2018).
More...
Dodgy certifiers on notice with new laws
Conflicts of interest between building certifiers and
developers will be stamped out by tougher regulations being
proposed in NSW. Minister for Better Regulation Matt Kean said an
options paper is being released which sets out new ways of
improving transparency around the appointment of certifiers (02
October 2018).
More...
$9.26 billion landmark transaction finalised
New South Wales Treasurer Dominic Perrottet today
confirmed the transaction for a 51 per cent stake in Sydney
Motorway Corporation (SMC) to Sydney Transport
Partners (STP) had officially closed. The proceeds
will fund the M4-M5 Link - the final stage of WestConnex - and
contribute to future infrastructure projects across NSW (27
September 2018).
More...
Queensland
Multiplex breaks its silence on Yuhu saga
Tensions between Jewel developer Yuhu and Multiplex
continue to simmer, with reports from the site that Yuhu refused to
meet with its contractor as hundreds of workers walked off the $1
billion project (05 October 2018).
More...
Kidston renewable energy hub one step closer
Genex Power's Kidston Renewable Energy Hub in Far
North Queensland has been fast tracked with the $330 million
Kidston Pumped Hydro Storage project (K2H) today
declared a coordinated project (28 September 2018).
More...
Victoria
$19b plan for regional plan welcomed
The national infrastructure sector welcomes the Victorian
Coalition's plan to rebuild Victoria's regional and country
rail network. (03 October 2018).
More...
Delivering Stage Two of the Monash Freeway Upgrade
More relief is on the way for drivers in the south east,
with the Andrews Labor Government getting early works underway on
the second stage of the Monash Freeway Upgrade. The business case
for the $711 million project shows a cost-benefit-ratio of 4.6 to
1, with the project set to create 600 jobs during construction (03
October 2018).
More...
Victorian building permits record $38.4 billion in
FY2017–18
Victoria recorded its highest-ever number of building
permits and highest-ever value of building work in a year during
the 12 months to 30 June 2018 (26 September 2018).
More...
Published - articles, papers, reports
Australian Infrastructure Budget Monitor 2018-19
The 2018-19 Australian Infrastructure Budget Monitor
reaffirms the two-economy divide in infrastructure across
Australia. New South Wales and Victoria, ranked first and second,
have large infrastructure funding commitments facilitated by strong
fiscal positions (1 October 2018).
More...
Remarkably adaptive: Australian cities in a time of
growth
Marion Terrill, Hugh Batrouney, Diana Hourani, James Ha;
Grattan Institute.
Australia's population is growing rapidly. The major cities of
Sydney and Melbourne, in particular, are booming. Many people are
asking whether the growth rates of the past decade are sustainable,
or whether Australia has reached a tipping point (1 October 2018).
More...
Resources 2030 Taskforce: final report - Australian
resources — providing prosperity for future generations
Resources 2030 Taskforce: Department of Industry,
Innovation and Science (Australia)
This report presents the recommendations of the Resources 2030
Taskforce to significantly enhance the performance and
competitiveness of Australia's resources sector (21 September
2018). More...
In practice and courts
National
Australian Building Codes Board Accessible Housing
Options Paper
The ABCB's Accessible Housing Options Paper has been
released for public consultation. The Options Paper provides a
preliminary menu of options and costings on the possible inclusion
of a minimum accessibility standard for housing in the NCC.
Feedback on the Options Paper is invited until Friday 30 November
2018.
More...
New South Wales
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. While most of the changes will
commence on 1 March 2018, there will be a number of other changes
that will involve further design and consultation from mid to late
2018.
Queensland
Minimum financial requirements discussion paper
Have your say on improving financial oversight in the
building and construction industry. Queenslanders working in the
building and construction industry are encouraged to have their say
on proposed new financial reporting laws under the
Queensland Building and Construction Commission Act
Closes: 9 October 2018.
More...
Victoria
Victorian building permit activity for August 2018
The Victorian Building Authority (VBA)
has released building permit activity data for August 2018 (01
October 2018).
More...
Cases
New South Wales
The Owners - Strata Plan 81837 v Multiplex Hurstville Pty
Ltd [2018] NSWSC
1488
BUILDING AND CONSTRUCTION – separate questions
– "owner" – Home Building Act 1989
– whether development manager and another party named in
development management agreement were owners and thus developers of
land for the purposes of the Home Building Act 1989.
BUILDING AND CONSTRUCTION – separate questions – "
contract to do residential building work" – Home
Building Act 1989 – development management agreement
– whether development management agreement is a contract to
do residential building work.
MISLEADING OR DECEPTIVE CONDUCT – separate questions -
representations made to principal certifying authority under
Environmental Planning and Assessment Act 1979 –
whether made in trade or commerce.
Building Professionals Act 2005 (NSW). Separate questions
each answered "No".
Environmental Planning and Assessment Act 1979 (NSW); Fair
Trading Act 1987 (NSW).
Home Building Act 1989 (NSW); Home Building Amendment
(Warranties and Insurance) Act 2010 (NSW); Home Building
Amendment Act 2011 (NSW).
Queensland
Gold Coast City Council v Adrian's Metal Management Pty
Ltd [2018] QPEC 45
DECLARATIONS AND ORDERS – where the local authority
sought declaratory relief and other orders against the respondents
– where first respondent was a company carrying out alleged
unlawful works on subject land – where second respondent was
the sole director of the first respondent – where third
respondent was the owner of the subject land – where primary
use of subject land involved the dismantling and crushing of car
bodies for scrap metal purposes – where other scrap metal
activities also carried out – where current use extended over
two separate parcels of land.
WHERE ALLEGED USE OF THE LAND WAS UNLAWFUL – where
respondents sought to rely on a development permit issued in 2001
in respect to only one of the lots – where no relevant
development approval or permission had been granted in respect of
the other lot – where originally scrap metal/junk yard uses
were contained to one lot – where other lot historically used
for sand blasting purposes – where intensification of the
operations being conducted on the land expanded into second lot
without necessary approvals in place.
WHETHER THE 2001 DEVELOPMENT APPROVAL AUTHORISED THE
RESPONDENTS' USE OF THE LAND OVER BOTH LOTS – whether an
alternative respondents enjoyed the benefit of historical existing
lawful user rights.
WHETHER OPERATIONS BEING CONDUCTED IN BREACH OF THE 2001
DEVELOPMENT APPROVAL –where the noise emanating from the land
amounted to an environmental nuisance for the purposes of the
Environmental Protection Act 1997 – where primary
source of noise was caused by the use of an excavator – where
use of excavator an integral part of respondents' operations
being conducted on the subject land – where subject land
located in an industrial estate but where recipients of noise were
residents of a nearby group title residential development.
WHETHER DECLARATIONS OUGHT BE MADE –concerning the validity
and/or currency of the 2001 development permit – whether in
the event that it was found that the use being made of the land was
unlawful and the use of the land was creating an environmental
nuisance the use of the land ought be ordered to be ceased.
WHETHER DISCRETIONARY GROUNDS MILITATED AGAINST GRANTING THE RELIEF
SOUGHT – where operations being conducted on the land were
achieving material environmental benefits – where operations
being conducted on the land employed an excess of 40 employees
– where current operations on the land had been in existence
for a number of years – whether the local government was
estopped from seeking relief sought.
JOINDER – whether another director of first and third
respondent ought be joined to the proceedings – where primary
purpose of joinder was a concern that the existing corporate
entities would be dissolved but the operations on the land
continued but under new corporate names.
Victoria
Mirboo Ridge & Ors v Minister for
Resources [2018] VSC
557
STATUTORY INTERPRETATION — Construction —
Reconciliation of conflicting provisions — Amendments to
Petroleum Act 1998 introduced by enactment of
Resources Legislation Amendment (Fracking Ban) Act 2017
— Provision creating statutory moratorium to prohibit onshore
petroleum activities — Plaintiff resource companies holders
of existing authorities to carry out activities prohibited by
moratorium — Provision that moratorium does not affect
existing requirements or obligations under the conditions of
existing authorities — Meaning of 'requirement' and
'obligation' — Whether provision creating moratorium
should be read down — Whether resource companies are
permitted to conduct any onshore petroleum activities during the
moratorium — Project Blue Sky v Australian Broadcasting
Authority (1998) 194 CLR 355 and Alcan (NT) Alumina Pty
Ltd v Commissioner of Territory Revenue (Northern Territory)
[2009] HCA 41; (2009) 239 CLR 27 applied — Declaratory relief
refused.
ADMINISTRATIVE LAW — Wednesbury unreasonableness —
Whether purported variations to permits by Minister invalid —
Minister given broad discretionary power under s 102 of the
Petroleum Act 1998 to vary conditions of permits issued
— Purported variations required permit holders to carry out
work at future, unspecified time at which time the permit would not
authorise the work — Purported variation contains obligation
to carry out work illegal under the conditions of permit —
Minister for Immigration and Citizenship v Li & Anor
[2014] FCAFC 1; (2013) 249 CLR 332, considered — Order made
quashing variations.
ADMINISTRATIVE LAW — Implementation of executive policy
— Non-statutory moratorium prohibiting onshore petroleum
activities — Whether alleged decisions made by the Minister
in an administrative capacity to implement the moratorium until
March 2017 were unlawful - Discretionary nature of declaratory
relief - Ainsworth v Criminal Justice Commission [1992]
HCA 10; (1992) 175 CLR 564 considered - Declaratory relief refused
on the basis relief lacked utility.
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.
