In the media – National
Sunshine state lives up to its name – highest rate
of solar installations in Australia
Clean Energy Regulator data for June 2017 shows homes and small
businesses across Queensland are leading the way on small-scale
renewable energy installations (20 July 2017).
More...
Acceleration in investment as CEFC commitments exceed $2
billion in 2016-2017
The CEFC has recorded a substantial increase in investment
commitments in 2016-2017, with almost $2.1 billion to 35 individual
transactions (18 July 2017).
More...
Local councils join forces to fight climate
change
A group of local government councils are joining forces in an
ambitious effort to tackle climate change, inspired by a new report
from the Climate Council showing cities, urban centres and rural
townships have the potential to slash energy emissions by a
staggering 70 per cent (19 July 2017).
More...
More action needed to protect vital infrastructure
corridors
Australian Local Government Association (ALGA)
president Mayor David O'Loughlin writes that while the corridor
protection measures put forward by Infrastructure Australia are
important and worthwhile, the Federal Government must also address
first- and last-mile issues (17 July 2017).
More...
First bioregional assessments released
The first full assessments of the potential impacts of coal mining
and coal seam gas extraction on a bioregion's water resources
have been released as part of the Federal Government's program
to strengthen the science used to inform regulatory decision-making
and build community confidence in the sustainable development of
Australia's coal and gas resources (13 July 2017).
More...
Tapping into tidal energy technologies
Harnessing the potential power of tidal energy to contribute to
Australia's energy needs is the focus of a three-year mapping
project being supported by a $2.5 million investment by the
Turnbull Government through the Australian Renewable Energy Agency
(ARENA) (13 July 2017).
More...
A new era for cities: National Cities Performance
Framework
The National Cities Performance Framework (NCPF)
announced this week by Minister for Cities and Digital
Transformation Angus Taylor has been declared "a new era for
cities and how they are managed" by Cities Reference Group
member and Chief Executive of Consult Australia, Megan Motto (21
July 2017).
More...
$1.57 million grants funding for our National Heritage
List places
Forty nine projects from across the country will share in more than
$1.57 million of Turnbull Government funding to help protect,
conserve and raise awareness of places on Australia's National
Heritage List. The National Heritage List now comprises 110 places
of outstanding natural, historic and Indigenous significance to
Australia (11 July 2017).
More...
New ISO standard for measuring building carbon
footprints
Measuring, reporting and reducing a building's greenhouse gas
output is set to become easier, thanks to a new ISO standard. ISO
16745, Sustainability in buildings and civil engineering works
– Carbon metric of an existing building during use stage (12
July 2017).
More...
In the media – Victoria
Building the Hepburn Waste to Energy
System
Hepburn Shire Council has received $650,000 from the Andrews Labor
Government to implement the first stage of an innovative waste to
energy system, as part of the second round of the Labor
Government's $20 million New Energy Jobs Fund grants. The first
stage of the project is expected to be complete by 2020 (22 July
2017).
More...
Monitor appointed to Central Goldfields
Shire
The Andrews Labor Government will appoint a monitor to examine the
governance at Central Goldfield Shire Council. The monitor will now
be in place until 30 November and will work to ensure the ongoing
stability of the council's governance processes (21 July 2017).
More...
Celebrating the return of traditional
burning
In light of the success of the Dja Dja Wurrung and Forest Fire
Management Victoria partnership, the Andrews Labor Government has
since announced a targeted $250,000 in seed funding enabling
Victorian Aboriginal leaders to develop a statewide traditional
burning strategy (19 July 2017).
More...
In the media – New South Wales
EPA issues multiple fines for serious forestry breaches
in Putty
The NSW Environment Protection Authority (EPA) has
issued penalty notices to contractor Honey Ridge Timber Pty Ltd and
landowner, Putty Holdings Pty Ltd for logging in protected areas
and polluting a stream on a private property near Putty, north of
Sydney (18 July 2017). More...
PCA: Directions Document a welcome
approach
The Property Council NSW Executive Director has welcomed the
release of the Greater Sydney Commission's Directions for a
Greater Sydney 2017 – 2056 that included the
announcement of new Growth Infrastructure Compacts to manage
Sydney's growth (18 July 2017).
More...
Poor controls at the Broken Head Quarry results in
$15,000 fine
The NSW Environment Protection Authority has issued Leadshine Pty
Limited with a fine of $15,000 for ongoing poor erosion and
sediment controls at the Broken Head Quarry (17 July 2017). More...
Coal spill into World Heritage area costs Clarence
Colliery more than $3 million
The Land and Environment Court today convicted Clarence Colliery
Pty Ltd of two offences and imposed financial penalties totalling
$1,050,000 after more than 2,300 tonnes of coal material escaped
from a coal storage area on 2 July 2015, causing significant
impacts on the Wollangambe River and the World Heritage listed Blue
Mountains National Park (14 July 2017). (EPA)
More...
(ABC) More...
Unlicensed waste operation cost Wyong facility and
company director $37,500
The NSW Environment Protection Authority (EPA)
has fined Alcon Disposals Pty Ltd $30,000 and the director $7,5000
after the Wyong facility received and stored thousands of tonnes of
waste without an environment protection licence (11 July 2017). More...
New suburbs named as priority precincts to fast-track
housing supply
To fast-track the building of new homes close to transport and
services, 15 new priority precincts have been earmarked for growth
and revitalisation (10 July 2017).
More...
In the media – Queensland
New Land Court Member Appointed
The Attorney-General and Minister for Justice Yvette D'Ath has
appointed Peta Stilgoe OAM as the new member of the Land Court of
Queensland (20 July 2017).
More...
Property Council responds to draft Ferny Grove-Upper
Kedron Neighbourhood Plan
The Property Council has provided a submission to Brisbane City
Council's Draft Ferny Grove-Upper Kedron Neighbourhood Plan.
Concerns have been raised regarding the functionality of the
transport network, the ability to provide increased densities, and
unnecessary politicisation of greenfield development within the
plan area (20 July 2017).
More...
Cane growers commit to change for the Great Barrier
Reef
More than 100 cane growers have pledged to protect the Great
Barrier Reef by signing up to a Palaszczuk Government program that
improves the long-term sustainability of farms and the environment
(20 July 2017).
More...
Rogue Brisbane tyre company ordered to clean
up
A rogue tyre recycling operator, who has had two fires at his
business in Brisbane's south, is handed clean-up notices (19
July 2017).
More...
Water release drives growth, jobs in
north-west
Thousands of megalitres of water will be made available from next
month to support business and job growth in the north west (19 July
2017).
More...
Mine rehabilitation case study shows the way
forward
A resource company case study project to rehabilitate former mining
land shows that better environmental outcomes can be achieved,
Environment Minister Steven Miles said (14 July 2017).
More...
Sun shining on Lockhart River solar
project
The light of opportunity is shining on a remote Queensland town,
with Lockhart River continuing its transition from a diesel powered
community to a solar powered community (12 July 2017).
More...
Queensland Adopts Statutory New Planning
Regime
Queensland's Planning Act 2016 (Qld) (the
Act) commenced this month, together with the
Planning Regulation 2017 (Qld), replacing the
Sustainable Planning Act 2009 (Qld)
(SPA). Not all concepts from the SPA have made
their way to the new Act however, with the State Planning
Regulatory Provisions, Queensland Planning Provisions as well as
compliance assessment and permits notably absent (11 July 2017).
More...
Sunshine Coast Council and Unitywater Establish Joint
Initiative Aimed At Encouraging Development
The new joint initiative offers a 50% reduction on council
infrastructure charges for targeted developments in defined areas
of central Nambour and Caloundra, built to a deadline, and where
spare council network capacity exists. The two-year program is
capped at $10 million (10 July 2017).
More...
In practice and courts – Commonwealth
Australian Government's role in the development of
cities: Inquiry
The inquiry will investigate potential for the Commonwealth
Government to provide leadership and coordinate longer-term
national city planning and will be split into two sub-inquiries:
Sustainability transitions in existing cities and Growing new and
transitioning regional cities and towns. Further information on the
inquiry, including the full
terms of reference, is available on the
Committee website.
New approved conservation advices
The Minister has approved conservation advices for 30 species and
six ecological communities that are listed as threatened under the
EPBC Act (13 July 2017).
More...
Outcomes from the public consultation process on the
draft National Carbon Offset Standard for Buildings and Precincts
are now available
The outcomes set out the key points raised through the consultation
process and outline the Department's position in response to
these points (12 July 2017).
More...
Updated rules for the treatment of renewable energy
under the National Carbon Offset Standard
These rules replace those under section 2.2.4 of the Carbon Neutral
Program Guidelines (version 4.0) (12 July 2017).
More...
ACSI Corporate Sustainability Reporting in Australia:
2017
This report assesses the level of sustainability disclosure by
ASX200 companies for the 2016 reporting period. It is the
10th annual sustainability disclosure
review ACSI has undertaken. Given the prominence of climate-related
risks for investors, this year's study includes for the first
time a review of climate-related disclosures (11 July 2017).
More...
In practice and courts – New South Wales
NSW Land and Environment Court
20 July 2017: The Chief Judge has today issued a new practice note
for
Class 1 Residential Development Appeals, and repealed the
practice note of the same name made on 28 March 2017. It commenced
on 24 July 2017. More...
Updated: commencement date for new simplified Housing
Code and Housekeeping Amendment
The new simplified Housing Code and Housekeeping Amendment will
make it easier, faster and cheaper for homeowners to undertake
exempt and complying development. The commencement date for these
amendments has been updated to 14 July 2017. The new simplified
Housing Code can be viewed here
(11 July 2017).
Environmental Impact Assessment for State Significant
Projects
The Department Planning and Environment is seeking feedback on nine
draft guidelines which explain in detail the proposed changes to
environmental impact assessment (EIA) for state
significant projects. The documents are on exhibition until 1
September 2017. Community information sessions are being held
around the state between 19 July and 10 August.
More...
Community Consultations on Exhibition
Plans
Revised Sydenham to Bankstown Urban Renewal Corridor
Strategy
Open 25/06/2017; Close 03/09/2017.
Policies
Environmental Impact Assessment Improvement Project draft
guidelines
Close 01/09/2017.
Proposed amendment to Environmental Planning and Assessment Act
1979
Close 24/07/2017.
In practice and courts – Queensland
UDIA: Neighbourhood plan submission
The Institute provided feedback last week to Brisbane City Council
on its draft Ferny Grove-Upper Kedron Neighbourhood Plan (21 July
2017).
More...
PCA: Queensland Submission Snapshot
Over the last fortnight, the Property Council has submitted to the
State Government on two key areas crucial to the industry's
future.
Coastal Management District submission
Queen's Wharf PDA submission
Cases – Victoria
Speechley v Midway Ltd (Building and Property) [2017] VCAT
1014
Claims brought by the applicants under sections 15 and 16 of the
Water Act 1989. The applicants own a small farm in Kilmore
East Victoria. The respondent managed a large pine plantation on
the adjacent property. The pine plantation was completely burned in
the Black Saturday fire in 2009. Following the fire, the respondent
salvage harvested the pine plantation and planted a blue gum
plantation. The applicants bring claims for damages and other
relief alleging the respondent caused, or interfered with, flows of
water onto their property, and/or the caused pollution (chemical
and/or sediment pollution) of water flowing onto their property and
into a dam on their property. Claims dismissed.
Cases – New South Wales
Diverse Property (Aust) Pty Ltd v the Council of the City of
Sydney [2017] NSWLEC 1384
DEVELOPMENT APPLICATION: Staged application; subsequent stages;
integrated development; building envelopes; residential amenity for
occupants in terms of acoustics, ventilation, solar access and
private open space; amenity impacts including overshadowing of
neighbours; objections.
Whittaker v Northern Beaches Council [2017] NSWLEC
1379
DEVELOPMENT APPEAL – Dwelling in a heritage conservation area
– proposal to lift the cottage to create undercroft for
parking and storage – role of expert evidence - breach of
height control - whether request to vary height control
satisfactorily deals with requisite matters – failure to
identify a environmental planning ground – whether the
objectives of the height control are met – proposal does not
meet objectives of the height control based on expert evidence
– appeal dismissed.
Abrams v The Council of the City of Sydney [2017] NSWLEC
1371
DEVELOPMENT APPLICATION: demolition of the existing commercial
building on the site and construction of a new residential flat
building - excessive floor space ratio - amenity impacts on future
residents - inconsistent with the desired future of the
locality.
Marshall Rural Pty Ltd v Basscave Pty Ltd [2017] NSWLEC
84
PRACTICE AND PROCEDURE – motion seeking expedition of
proceedings concerning allegedly unlawful earthworks and erection
of buildings – whether expedition of proceedings in the
public interest – whether other factors warranting expedition
of proceedings – application for expedition refused.
Assad v Inner West Council [2017] NSWLEC
1362
DEVELOPMENT APPLICATION: alterations and additions to an existing
heritage listed building for a child care centre - unacceptable
heritage impacts on the heritage item and adjoining heritage item -
inadequate parking - poor access to car park- unacceptable acoustic
impacts - inadequate landscaping – resident concerns.
Cases – Queensland
Althaus & Anor v Brisbane City Council [2017] QPEC
041
PLANNING AND ENVIRONMENT – APPEAL – PROPOSED
DEMOLITION OF BUILDING WITH TRADITIONAL BUILDING CHARACTER –
where the traditional building character was the "timber and
tin" character – where the building is structurally
unsound – where houses are located in a street of mixed
character – whether the proposed demolition complied with the
Traditional building character (demolition) overlay code –
whether the building is reasonably capable of being made
structurally sound – where the demolition of the building
would result in meaningful or significant loss of traditional
building character – whether the street had no traditional
character – whether the house positively contributed to the
visual character of the street.
Hawkhaven Pty Ltd v Mackay Regional Council [2017] QPEC
040
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
DEVELOPMENT CONTROL – APPLICATIONS – where development
application for material change of use for commercial premises
refused by Council – where development application assessed
against current planning scheme – whether weight should be
given to draft planning scheme – whether development
application conflicts with relevant planning schemes –
whether sufficient grounds exist to warrant approval.
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
DEVELOPMENT CONTROL – APPLICATIONS – where development
application approved subject to conditions – whether
conditions valid pursuant to section 345 of Sustainable
Planning Act 2009 (Qld).
Cherish Enterprises Pty Ltd v Ipswich City Council [2017]
QPEC 038
PLANNING AND ENVIRONMENT – application for declarations
– where the applicant made a development application to
Council – where the Ipswich Planning Scheme 2006, as
amended, was the relevant planning scheme in force at the time of
the application – where the applicant had not applied for, or
sought approval of, a Precinct Plan or an Area Development Plan
under the Springfield Structure Plan – whether the
development application made by the applicant is a properly made
application – whether it is necessary for a Precinct Plan to
have been prepared and approved in order for the development
application to be approved and development carried out on the
subject land – whether it is necessary for an Area
Development Plan to have been approved in order for the application
to be approved and development carried out on the subject land.
Ortlipp v Bowyer [2017] QCAT 225
ENVIRONMENT AND PLANNING – TREES, VEGETATION AND HABITAT
PROTECTION – DISPUTES BETWEEN NEIGHBOURS – loss of
view, sunlight and breezes – leaf litter – where bamboo
caused obstruction – whether constituted a severe obstruction
– view at the date of possession – whether obstruction
is substantial, ongoing and unreasonable interference with use and
enjoyment – whether tree order should be made in all the
circumstances – appropriate orders.
Legislation - Commonwealth
Great Barrier Reef Marine Park Amendment (Whitsundays Plan of Management) Instrument 2017 19/07/2017 - This instrument amends the Whitsundays Plan of Management 1998 to assist in achieving the objects of the Plan by making the amendments identified as being needed during the 2016-17 review. Effective management of the Whitsunday Planning Area is achieved through periodic review of the Whitsundays Plan of Management 1998 (the Plan) in response to new information and changing uses. The Plan has been reviewed and amended in 1999, 2002, 2005 and 2008. More recently, a review carried out between December 2014 and June 2017 highlighted the need for further amendments to the Plan.
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.