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National
Government eyes lifting tax threshold and shedding state
levies
6 October 2011
An increased tax-free threshold, the eradication of state taxes
such as stamp duties, a crackdown on the use of tax-free allowances
for foreign workers, and tax breaks for the non-mining sector have
emerged as policy priorities
More...
The tenant merry-go-round
7 October 2011
Factors such as economic growth, development of new space and
consumer demand are all key to the level of tenant demand and
movement. In 2011 a number of these factors are in direct conflict
– the Australian economy is in reasonably good shape, but
development activity and consumer demand, on the other hand are not
More...
New housing among most taxed sectors in
economy
4 October 2011
New housing is one of the most heavily taxed sectors of the
Australian economy and its hurting the building industry as well as
consumers, according to a new report from Centre for International
Economics (CIE)
More...
UDIA calls on Government to axe Stamp Duty
30 September 2011
The Urban Development Institute of Australia, in its submission to
the Federal Government's Tax Forum, calls for an immediate
scrapping of stamp duty on newly-built homes. The UDIA's
submission also seeks for stamp duty on all property purchases
nationally to be phased out within the next 10 years
More...
Low carbon communities to improve energy
efficiency
27 September 2011
The Minister for Climate Change and Energy Efficiency, Greg
Combet, and the Parliamentary Secretary for Climate Change and
Energy Efficiency, Mark Dreyfus, have published consultation papers
on the design of two streams under the Low Carbon Communities
initiative
More...
Victoria
Victorian regions bound to grow and prosper
6 October 2011
The answer to balancing the state's future population growth
lies within regional Victoria, Deputy Premier and Minister for
Regional and Rural Development Peter Ryan said today.
Vic Coalition announces $500,000 biofuels
boost
5 October 2011
Victoria's biofuels industry has received a significant boost
with the announcement of $500,000 from the Victorian Coalition
Government for a new bio-energy production facility near
Echuca.
Victoria leads the way on carbon storage with new
centre
5 October 2011
The Victorian Coalition Government is taking action to create jobs
and support Carbon Capture and Storage (CCS) technology by
contributing $500,000 towards the creation of the new Centre for
Geological Carbon Storage.
AIC president warns of dangers of 'market
forces'
29 September 2011
The president of the Victorian chapter of the Australian Institute
of Architects, Robert Puksand, fears that new urban developments
such as Fishermans Bend, E-Gate and Batman Hill are also at risk if
left purely to market forces and the state government does not take
for new urban precincts
More...
Mildura Master Plan starting to take shape
28 September 2011
Plans for the transformation of Mildura's riverfront precinct
and the overhaul of the town's airport passenger terminal have
received support from the Victorian Coalition Government with the
allocation of $8 million in funding from the Regional Growth Fund
Mildura Master Plan starting to take shape.
Report shows retailers shun Docklands,
Southbank
28 September 2011
A report has found that retail vacancy rates are considerably
higher in Docklands than in Melbourne's CBD. The report by the
City of Melbourne and the State Government shows that the CBD
recorded a vacancy rate of more than three per cent in February
More...
Premier welcomes $2 billion industry contracts for
Victoria
28 September 2011
In Beijing last night Premier Ted Baillieu witnessed the signing of
a Declaration of Commitment as part of the signing ceremony for
separate long term contracts worth more than $2 billion between
purchaser Qenos and suppliers ExxonMobil Australia and BHP Billiton
to supply petroleum feedstock to the Qenos Altona plant.
New South Wales
Government backs Aussie jobs on big projects
7 October 2011
Businesses receiving billions of dollars in grants for government
projects will need to make an effort to use Australian products and
services, under a deal struck at a federal government jobs forum.
Developers of $2 billion-plus projects will get a five per cent
tariff exemption on imports if they publish on the website details
on the opportunities they have provided to Australian businesses
More...
Planning shake-up gives greater power to
councils
4 October 2011
Local councils will enjoy a huge increase in their power to
determine big residential, retail and commercial developments from
today, as laws take effect curbing state government powers to
declare projects of state significance
More...
Queensland
Record fine for illegal land clearing
8 October 2011
A western Queensland man was fined $118,000 and ordered to pay
$23,823.59 for costs incurred by the Department of Environment and
Resource Management to investigate and pursue the charges under the
Integrated Planning Act 1997. Acting Natural Resources Minister
Andrew Fraser said Mr Scriven did not make any attempt to ensure he
was within the law, did not consult DERM about the clearing, nor
did he apply for a permit
More...
Council discontinues court action over Caloundra South
project
5 October 2011
Sunshine Coast Regional Council (SCRC) has today discontinued its
Supreme Court action against the Caloundra South Urban Development
Area (UDA) declaration. Mayor Bob Abbot said there had been a
significant change in the circumstances surrounding the Supreme
Court judicial review process since it was first initiated by
Council, and the Council could not legally agree to Stockland's
request without withdrawing entirely from the judicial review
process
More...
Mount Gordon miner fined $140K over contaminated
water
3 October 2011
The Queensland Government says it is planning more inspections of
mine sites to ensure they comply with current environmental
management regulations, after the operators of the Mount Gordon
mine, were found breaching a court order and two environmental
protection orders
More...
Queensland has called for new remote and regional tax
offsets
2 October 2011
Queensland Treasurer Andrew Fraser will call for reform of the tax
offsets for Australians who live in remote and regional areas at
this week's national tax summit. The zones had been untouched
since 1956 and the base rates of the offsets had been largely
untouched since 1994
More...
Landholders told to know their rights on CSG
30 September 2011
Under the land access code, resource companies and landholders are
required to keep information about each party confidential they say
they have no way of knowing if they are being compensated properly.
A Senate inquiry into the CSG industry was told this year that some
compensation packages can vary from $10,000 to hundreds of
thousands of dollars for different landholders
More...
Reconstruction projects out to market
27 September 2011
The Queensland Reconstruction Authority has released a new
reconstruction pipeline map to assist the construction and
infrastructure sectors 'gear up' for work and to target
their resources. The map provides a region by region overview of
the pipeline of reconstruction projects and dollars
More...
Aricles
National
The impacts of the Henry Review recommendations on the
private rental market - Savings income discount and rent
assistance
30 September 2011
Author: Clinton McMurray, Rachel Ong, Gavin Wood
Australian Housing and Urban Research Institute
the impacts of a savings income discount on housing supply and
affordability in the private rental market, this is the first of
two final reports examining the implementation of the Henry Tax
Review
The impacts of the Henry Review recommendations on the private
rental market - Savings income discount and rent assistance
Cities Summit 2011 Redrawing the Australian Map for
2050
Author: Brian Haratsis, MacroPlan Australia; Joe Langley,
Sinclair Knight Mertz
Detail their 21st century Australian map - hotspots for growth,
population, migration, the labour market, economy, value capture
strategies, and the types of development
More...
Victoria
Melbourne Retail Strategy 2006: 2012 – City of
Melbourne
A joint initiative of the City of Melbourne, the State
Government of Victoria and the Melbourne Retail Advisory Board
Download - City of Melbourne
Practice notes/directions
National
Fund applications open: $100 million to support housing
in regional Australia
7 October 2011
Local councils in regional centres across Australia are being
invited to apply for Gillard Government funding to support more
affordable housing in their communities. The design of the Building
Better Regional Cities Program has been informed by consultation
with eligible local governments and other stakeholders.
Applications will close on Friday 18 November 2011, and information
is available from the Building Better Regional Cities Program
website at www.environment.gov.au/housing/bbrc.
Low carbon communities to improve energy
efficiency Consultation papers on the design of two
streams under the Low Carbon Communities initiative have been
released for public submissions.Consultation on the papers closes
on 21 October 2011. For information or to access the consultation
papers visit: www.climatechange.gov.au/lowcarboncommunities.
Further information on the Government's Clean Energy Future
package is available at www.cleanenergyfuture.gov.au
Department of Climate Change and Energy
Efficiency
Discussion paper on the National Carbon Offset Standard (NCOS)
and a draft revised version of the NCOS - submissions close 12
October 2011.
Department of Sustainability, Environment, Water,
Population and Communities
Restoring the Balance in the Murray-Darling Basin - Quennsland
Lower Balonne water entitlement purchase tender. Up to $120 million
will be available for purchases in two tenders in the Queensland
Lower Balonne region. Applications are due by Friday 21 October
2011.
Marine bioregional planning
Release of draft Marine Bioregional Plan and Commonwealth
marine reserve network proposal for the North and North-west Marine
Regions. Comments close Monday 28th November 2011.
Stormwater harvesting and reuse projects - Third Competitive
Grants Round - Applications are due by Wednesday 7 December
2011
Current Draft Policies and Plans,
Announcements
New regulations made under the Subdivision Act 1988
New regulations made by the Governor in Council under the
Subdivision Act 1988 will come into operation on 8 October
2011.
Currently Inviting Public Submissions
The Potentially Contaminated Land Advisory Committee reviewing
existing planning controls and processes has prepared an Issues and
Options Paper. Submissions are invited by 1 November 2011.
New South Wales
Current Draft Policies and Plans,
Announcements
State significant assessment system
30 September 2011
On 1 October 2011, a new assessment system for projects of genuine
State significance will commence in New South Wales. The State
significant assessment system establishes two separate assessment
pathways known as State significant development (SSD) and State
significant infrastructure (SSI)
More...
NSW planning system review heads to Newcastle and
Sydney
5 October 2011
A comprehensive two-month listening tour across NSW, being held as
part of the NSW. Government's planning system review, will soon
head to Newcastle and the Sydney metropolitan area, from 17-21
October 2011.
Queensland
OSR - Updated and converted Public Rulings
The following Public Rulings have been
updated:
DA495.1.4—Adjudication fees
GEN007.4—Application of GST to certain state taxes,
fees and charges.
The following Public Ruling has been converted from Revenue
Ruling DA 23.2:
DA000.11.1—Reassessment of transfer
duty—withdrawal of a home or first home concession
More...
Legislation
Commonwealth
Native Title (Provision of Financial Assistance)
Amendment Guidelines 2011 (No. 1)
7 October 2011
This instrument amends the Guidelines on the Provision of Financial
Assistance by the Attorney-General under the Native Title Act 1993
(15/12/2006) on the Provision of Financial Assistance by the
Attorney-General under the Native Title Act 1993
More...
Renewable Energy (Electricity) Amendment Regulations
2011 (No. 4) SLI 2011 No. 177
5 October 2011
Commencement: 6/10/2011 (Whole) These Regulations amend the
Renewable Energy (Electricity) Regulations 2001 to increase the fee
from $0.08 to $0.47 for the registration of small scale technology
certificates created from small scale generation units under the
Small Scale Renewable Energy Scheme component of the Renewable
Energy Target scheme
More...
Victoria
Statutory Rules made
No. 103: Local Government (Finance
and Reporting) Amendment Regulations 2011
Date of Making: 27/09/2011
Commencement: 27/09/2011
Not yet in operation: N/A Sunset
Date: 27/09/2021
These Regulations provide that the
financial statements of a Council included in its annual report are
prepared in accordance with the current accounting standards
No. 111: Subdivision (Registrar's
Requirements) Regulations 2011
Date of Making: 4/10/2011
Commencement: 08/10/2011: reg. 3
Not yet in operation: N/A Sunset
Date: 04/10/2021
No. 112: Subdivision (Procedures)
Regulations 2011
Date of Making: 4/10/2011
Commencement: 08/10/2011: reg. 3
Not yet in operation: N/A Sunset
Date: 04/10/2021
Subdivision (Permit and Certification
Fees) Regulations 2000 (SR 94/2000)
Notification 28/09/2000 Commencement
26/09/2000
Expiry 25/09/2011 The Subdivision
(Permit and Certification Fees) Regulations 2000 will sunset on 25
September 2011: see the Subordinate Legislation (Subdivision
(Permit and Certification Fees) Regulations 2000 - Extension of
Operation) Regulations 2010, S.R. No. 20/2010.
New South Wales
Proclamations commencing Acts Environmental Planning and
Assessment Amendment (Part 3A Repeal) Act 2011 No 22 (2011-509)
— published LW 28 September 2011
Regulations and other statutory instruments Environmental
Planning and Assessment Amendment (Part 3A Repeal) Regulation 2011
(2011-510) — published LW 28 September 2011
Cases
Victoria
Roads Corporation v K-Line Mobile Mechanics Pty Ltd
[2011] VSC 475
Valuation and compensation – Application for leave
to appeal from orders made by Victorian Civil and Administrative
Tribunal – Appeal on questions of law – Claims
for compensation on acquisition of land – Loss
attributable to disturbance – Whether there was evidence
to support finding of fact or the refusal to be satisfied that a
finding was justified – Wednesbury unreasonableness
– Commissioner of State Revenue v Frost [2011] VSC 232;
Roads Corporation v Dacakis [1995] 2 VR 508 – Land
Acquisition and Compensation Act 1986, ss 30, and 41; Victorian
Civil and Administrative Tribunal Act 1998, s 148
More...
Lontav Pty Ltd v Pineross Custodial Services Pty Ltd (No
2) [2011] VSC 485
Landlord and tenant – Lease of hotel premises
– Lessee parted with licence of leased premises
– Whether licence transferred by wilful breach or mistake
– Whether mistake made by lessee or licensing authority
– Continuing breach of an essential term which has not
been remedied – Lease term about to expire –
Option to renew exercised when in breach of essential term
– Whether lessee entitled to further term –
Lessee previously relieved from forfeiture on conditions including
application for re-transfer of licence – Whether relief
from forfeiture futile – Whether landlord unconscionably
enforcing forfeiture rights – Whether lessee should have
relief against forfeiture – Property Law Act 1958 (Vic) s
146(2) – Liquor Control Reform Act 1998 (Vic) ss 32,
90(1), 93, 96B, 106, 107. Retail leases – Lease of hotel
to subsidiary of public company – Whether a retail lease
– Whether option to renew governed by statutory
provisions – Jurisdiction of VCAT – Retail
Leases Act 2003 (Vic) ss 3, 4, 11, 27, 28, 89. Estoppel –
Issue estoppel – Previous application for relief from
forfeiture – Condition of relief in first proceeding was
remedy of a breach not the subject of a default notice –
Whether findings fundamental to decision to grant relief
– Principles applying. Practice and procedure –
Leave to re-open after judgment reserved – principles
applying
More...
Cuthbert v Maroondah CC [2011] VCAT 1815
The construction of five dwellings on the land. Conditions on
the planning permit required the permit applicant to provide a
pedestrian walkway along the frontage of the dwellings. The
applicant is seeking a review of those conditions. Application
under Section 80 of the Planning and Environment Act 1987
More...
SRK Horticulture v Boroondara CC [2011] VCAT
1823
Section 77 of the Planning & Environment Act 1987;
Boroondara Planning Scheme; Residential 1 Zone; Nursery &
restaurant (café); Amendment to permit; Increased patron
numbers; Buildings and works; Amenity; Car Parking
More...
Wirestripe v Hobsons Bay CC [2011] VCAT
1820
Section 77 of the Planning & Environment Act 1987; Hobsons
Bay Planning Scheme; Construction of three double storey dwellings,
neighbourhood character, overlooking, side and rear setbacks,
building bulk – no permit
More...
Cappellin v Brondolino (Real Property) [2011] VCAT
1778
Real property – co-ownership – adjustment
of the rights of parties – s.233 – matters to
be taken into account in adjusting rights of the parties
– extraneous claims excluded – Limitation of
Actions – application of - allegations of fraud
– standard of evidence required commensurate with
seriousness of allegations – no evidence of fraud or
improper conduct – joint venture – whether
relationship a partnership – whether the respondent was
the Applicant's solicitor – absence of retainer
– extent of duty in regard to work voluntarily undertaken
– no general fiduciary relationship - no conduct proven
that would have amounted to breach of a fiduciary or other
obligation
More...
Reid v Yarra CC [2011] VCAT 1801
Sections 80 and 82 Planning and Environment List 1987, Yarra
City Council, demolition of part of a contributory building, impact
on heritage place, two and three storey multi dwellings, impacts on
adjoining property
More...
Daniel Bowden Town Planning v Monash CC [2011] VCAT
1800
Monash Planning Scheme; Residential 1 zone; Section 77
Planning and Environment Act 1987; second dwelling at rear; double
storey; streetscape character; backyard charcater; amount of open
space
More...
Catinvest Pty Ltd v Stonnington CC [2011] VCAT
1799
Aggie Corp Pty Ltd v Moonee Valley CC [2011] VCAT 1783
Sections 77 & 87 of the Planning & Environment Act 1987;
Moonee Valley Planning Scheme; Reduction in car parking for
expansion of dental clinic; Amendment of permit to delete condition
restricting number of dental practitioners; Validity of
condition.
Peluso v Safi [2011] VSC 504
Contract – Sale of land – Appeal from
Magistrates' Court on questions of law – Where
contract signed by vendor after date for payment of deposit and
date by which purchaser entitled to terminate contract on grounds
of lack of finance – Where purchaser unable to obtain
finance – Rescission – No supervening event
identified – Fundamental uncertainty as to
purchaser's rights and obligations under the contract
– Where parties' intention cannot be ascertained
– Offer lapses after a reasonable period of time
– Offer incapable of being accepted – Appeal
dismissed
More...
Treasury Wine Estates Ltd v Mornington Peninsula SC
[2011] VCAT 1873
The use and development of the land for a restaurant, and for
the sale and consumption of liquor, reduction of the associated car
parking requirements, alteration of access to a road in a Road Zone
Category 1, and construction and carrying out of buildings and
works in accordance with the endorsed plans. Application under
Section 77 of the Planning and Environment Act 1987 to review
council's refusal to amend a permit. - Green Wedge Zone
– Schedule 1
More...
Mooney v Yarra Ranges SC [2011] VCAT 1866
Clause 62.04 – Subdivisions not requiring a permit
– Resubdivision not a realignment of a common boundary
– Resubdivion not consistent with the purpose and object
of the provision – Maino v Nillumbik SC applied
– Validity of schedule to Green Wedge Zone discussed
– BMF Pty Ltd v Greater Geelong CC considered –
no permit
More...
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