In the media
Commonwealth
Federal Court appeal
Minister for the Environment Sussan Ley has announced the
Morrison Government's intention to appeal the recent Federal
Court judgment in relation to the Vickery Coal Mine decision (09
July 2021).
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Victoria
First existing Australian building to achieve WELL
Platinum certification
A 48-year-old office tower in Melbourne CBD has become the
first existing building in Australia to achieve WELL Certification
at the Platinum level. Owned by private property group Kamirice,
the building located at 500 Collins Street was awarded the
highest-level certification under the IWBI's WELL Building
Standard (09 July 2021).
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New funding for community organisations to reduce costs
and greenhouse gas emissions
Over the next 2 years the 3.1 million Community Climate
Change and Energy Action Program will deliver grant funds to
approximately 100 Victorian community organisations (08 July 2021).
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New regional Community Power Hubs announced
Seven new hubs for community owned renewable energy will
be established around Victoria under the next stage of our
Community Power Hubs program (08 July 2021).
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Automatic mutual recognition has commenced in
Victoria
Automatic mutual recognition commenced on 1 July 2021. AMR
enables individuals licensed or registered for an occupation in one
Australian state or territory to work in another state or territory
using their home state licence (08 July 2021).
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Melbourne needs to lift its architecture game
If we do not take a stand and lift standards then our
world-famous livability and appeal are at risk (05 July 2021).
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Council collaboration targets sustainable
development
A collaboration of 28 Victorian councils has launched a
bid to turn sustainable development into policy by embedding
zero-carbon targets into state planning law (05 July 2021).
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EPA welcomes new environment protection laws
Environment Protection Authority Victoria
(EPA) welcomes the new Environment Protection Act
2017 (Act), which comes into force. The new Act completes the
legislative overhaul of EPA Victoria and gives Victoria stronger,
more modern environment protection laws (01 July 2021).
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Delivering new homes for vulnerable Victorians
The Andrews Labor Government is ensuring vulnerable
Victorians have the security and safety of a home, as the first
residents move into Big Housing Build homes (29 June 2021).
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Two new sites for Melbourne's $5.3 billion social
housing project
Collingwood and South Yarra will have new public housing
as part of the Victorian government's $5.3 billion commitment
to build more than 12,000 social and affordable homes over four
years (27 June 2021).
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Queensland
Plan to make it harder to kick tenants out a 'breach
of human rights'
With two bills before state Parliament to reform the
rental system, Housing Minister Leeanne Enoch says the Greens'
plan would be a disincentive for investors (08 July 2021).
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Flood map update alters thousands of Brisbane property
flood levels
More than 30,000 Brisbane properties are now deemed less
likely to flood after Brisbane City Council recently updated its
flood maps – but about 7,000 properties have had their flood
levels increased (06 July 2021).
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In Practice and Courts
Victoria
Designated bushfire prone areas (BPA) map ppdated
On 6 July 2021, BPA Review 18 updated the mapping in 15
municipalities. The Planning Property Report and VicPlan reflect
the changes. The next review is now open (8 July 2021).
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Integrating environment protection reform into land use
planning
New environment protection legislation is now operational.
The Victorian Planning System and the environment protection
framework are integrated to enable planners to consider matters as
diverse as land contamination, noise, water and air quality when
assessing both planning scheme amendments and planning permit
applications. The planning changes are introduced by Amendment
VC203.
A new
Planning for Environment Protection website includes
information on how planning supports environmental protection, with
guidance on the updated provisions and links to relevant EPA
information (01 July 2021).
Updated Planning Practice No 30: Potentially
contaminated land
The updated practice note explains the operation of the
planning system with regard to potentially contaminated land and
links to the environment protection framework. The practice note
outlines their use, includes the latest best practice in
environment assessment and reflects changes made by Amendment VC203
and soon to be introduced Ministerial Direction No. 1. Potentially
Contaminated Land (01 July 2021).
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Queensland
Priority growth areas
The Growth Areas Team is working closely with state
infrastructure agencies, local governments and the development
industry to help accelerate land supply in South East
Queensland.
Caboolture West and Southern Redland Bay have been identified as
priority growth areas.
Last updated: July 2, 2021.
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Cases
Victoria
Yarrawonga Community Action Group Inc v Moira SC (Red
Dot) [2021] VCAT
655
Facilitation of local government infrastructure
projects; Clause 52.31 of all planning schemes; Whether objector
review application should be dismissed
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LAW –
issue of interpretation or application
Application of principles in Wittenbach v Cardinia
SC [2017] VCAT 793
LEGISLATION – interpretation or application of statutory
provision
Section 28 of the Interpretation of Legislation Act 1984
PLANNING SCHEME – interpretation or consideration of VPP
provision
Clause 52.31 APPLICATION – significant, interesting or
unusual use or development; application of policy, provision or
principle; or circumstances
Whether the review right exemption in clause 52.31 affects an
application under section 82 of the Planning and Environment Act
1987 brought before clause 52.31 commenced.
Queensland
Gold
Coast Motorsport Training Centre Pty Ltd v Gold Coast City Council
& Ors [2021] QPEC
33
PLANNING AND ENVIRONMENT – APPEAL –
DEVELOPMENT APPLICATION – where the Appellant seeks a
development for an outdoor sport and recreation use being a kart
racing and motorsport training facility – whether the
proposed development conflicts with the planning scheme –
whether the proposed development would detract from the amenity of
the local area – whether the proposed development would have
an unacceptable noise impact – whether there are sufficient
grounds to justify approval despite the conflict
Local Government Act 2009 Qld s251; Planning Act 2016 Qld ss 264,
311
Planning and Environment Court Rules 2018 Qld r25; Planning
Regulation 2017 Qld ss 70, sch 22
Sustainable Planning Act 2009 Qld ss 311, 314, 326, 341, 493, 495,
587, 590.
Thalanga Copper Mines Pty Ltd & Anor v Chief Executive,
Department of Environment and
Science [2021] QLC
21
ENERGY AND RESOURCES – MINERALS –
ENVIRONMENTAL PROTECTION LEGISLATION – where parties resolved
all grounds of appeal relying on expert reports prepared during
Court Managed Expert Evidence – where a guideline states an
approved calculation methodology and provides a financial assurance
calculator – where the parties agreed the calculator and
third-party quotes should be used to calculate the amount –
where the Court found that relying on the calculator and
third-party quotes is appropriate – where parties agreed on
the items to be included in the calculator – where the
third-party quotes met the guideline requirements – where
parties agreed the correct amount for the financial assurance was
$6,237,474 – where the Court allowed the appeal and made the
orders proposed by the parties. Environmental Protection Act 1994
Qld ss 295(3), 295(4), 527, 528, 530, 530(2), 530(4).
Legislation
Victoria
Mutual Recognition (Victoria) Amendment Act 2021 (Vic)
Act Number: 25/2021 Date of assent: 28 June 2021
Date of commencement: 1 July 2021
Zero and Low Emission Vehicle Distance-based Charge Act 2021
(Vic)
Sections 1-81 of this Act came in by forced commencement on 1 July
2021 s.2
Act Number: 18/2021
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.
