In the media
Commonwealth
Property industry confidence remains robust –
housing affordability concerns increase
Property industry confidence levels remained close to
recent record highs as the sector continues to lead Australia's
economic recovery from the COVID-19 pandemic in new data gathered
prior to the current outbreaks (02 July 2021).
More...
Chinese foreign investors have cooled on Australian
properties, but overseas buyers are tipped to return
Australian property is likely to be a more attractive
option for overseas buyers who want to move here and buy land or
large homes when our borders reopen, rather than foreign investors
who face high taxes. Chinese buyers of commercial and residential
real estate now sit behind buyers from the United States ($13.1
billion) and Singapore ($9.5 billion) (02 July 2021).
More...
Investor housing loan commitments rise 13.3 per
cent
New housing loan commitments rose 4.9 per cent in May 2021
(seasonally adjusted) to a new high of $32.6 billion, driven by
investor housing loan commitments, according to statistics released
by the Australian Bureau of Statistics (02 July 2021).
More...
Rollercoaster work week for CBDs revealed
The Property Council of Australia's latest office
occupancy survey has highlighted the challenge ahead for the
reactivation of CBDs, with activity fluctuating between weekly
peaks and troughs (01 July 2021).
More...
Why these two commercial buildings are the ideal design
for a post-COVID world
It looks like visionary crystal-balling that a Queensland
office building and a Melbourne suburban shopping centre –
both of which opened just as the pandemic hit in 2020 – are
so perfectly calibrated to what the commercial world now wants to
keep customers safe and employees happy to return to their desks
(01 July 2021).
More...
Intergenerational report shows it is time for reform for
tax on homes
The fifth Intergenerational report just released by the
Treasurer has caught the headlines for all the wrong reasons, Real
Estate Institute of Australia President, Adrian Kelly said (01 July
2021).
More...
Cladding crisis driving owners to the brink
A number of developers and building owners are facing
financial ruin as the fallout of the combustible cladding crisis
widens in Australia. Authorities have now identified more than 3400
residential apartment buildings as having cladding deemed flammable
(29 June 2021).
More...
Post-pandemic population plan crucial to
prosperity
The 2021 Intergenerational Report makes clear
Australia's short and long-term prosperity depends on a robust
plan to restore rates of immigration and population growth needed
to sustain economic growth (28 June 2021).
More...
Intergenerational Report shows migration and urban
productivity crucial to our future
The Property Council of Australia has labelled the latest
Federal Government Intergenerational report a 'wake-up
call' for policymakers on the importance of population growth
and increased productivity to Australia's economy. (28 June
2021).
More...
Productivity of our large cities at risk from
unaffordable housing and congestion
New AHURI research reveals that as workers face rising
housing costs due to metropolitan growth, households may not be
able to move into areas that offer them the potential to earn a
higher wage (28 June 2021).
More...
CBD office rents bottoming out but uncertain times
ahead
Prime CBD office rents across the major east coast markets
of Sydney, Brisbane and Melbourne reached fresh multi-year lows in
the June quarter after a relentless 18-month decline (28 June
2021).
More...
CEFC backs new green home loan as Firstmac lifts focus
on environmentally friendly housing
Australian homeowners will have access to $230 million in
discounted green home loan finance as part of a $750 million green
mortgage-backed securitisation raised by Firstmac and backed by the
CEFC and leading Japanese bank, Norinchukin (25 June 2021).
More...
Rents rise as the rental market continues to
tighten
Rental properties are being snapped up at accelerated
rates across the country, squashing vacancy rates and exerting
upwards pressure on rents.National house rents have added 0.4 of a
percentage point over the month to 12 June, bringing the median
price to $510, SQM Research data has revealed (22 June 2021).
More...
7 in 10 companies in APAC willing to pay higher rent for
green buildings
A majority of Asia Pacific corporations (70 per cent) are
willing to pay a rental premium to lease sustainability-certified
buildings in the future. This commitment aligns with broader real
estate sustainability developments across Asia Pacific (21 June
2021).
More...
REIA urges homebuyer to secure their places in deposit
guarantee scheme
Real Estate Institute of Australia (REIA)
President, Adrian Kelly has welcomed the Morrison Government's
announcement expanding government led guarantees for single parents
and first home buyers (21 June 2021).
More...
NSW
Next phase of apartment buyer protections commence
Apartment purchasers can have greater confidence to buy in
NSW with new laws coming into effect.
For every new residential apartment building being constructed, the
designers, engineers and builders involved in that work will have
to be registered and comply with robust new requirements (01 July
2021).
More...
Queensland
Games inspire 'golden decade' of development in
Queensland
Hosting the Olympic Games in Brisbane will provide a
"once in a century" opportunity to attract global
business investment and capital into the property sector according
to a research report (02 July 2021).
More...
Youth arts group told 'under-utilised' home may
be demolished
Backbone Youth Arts may have to relocate from its
long-term home in Mowbray Park after Brisbane City Council
announces a plan to demolish its leased building (02 July 2021).
More...
PCA: Property industry confident ahead of new
challenges
The latest results of the ANZ/Property Council survey
reveal Queensland's property industry confidence was
experiencing yet another boost in positive sentiment, in new data
gathered prior to the current lockdown (01 July 2021).
More...
Rent reprieve boosts drought assistance for primary
producers in Queensland
The Palaszczuk Government is continuing to roll out
drought assistance measures with more than 8,000 Queensland state
land lessees set to receive a 12 month land rent reprieve (30 June
2021). More...
Moorooka's 'Magic Mile' may go under
neighbourhood plan
Proposed zoning changes could allow three, five or even
eight-storey developments across a handful of Brisbane suburbs that
are currently zoned low or medium-density. Brisbane City Council is
creating a neighbourhood plan for Moorooka, Salisbury and Nathan,
within the 10-kilometre CBD ring and on the future Cross River Rail
route (29 June 2021).
More...
PCA: Queensland State Budget 2021/22
It was with great relief that the Queensland State Budget
did not replicate Victoria's property tax hikes and instead
provided a $1.8 billion boost to social housing. The Property
Council appreciates that broader supply and affordability issues
cannot be addressed in one budget (25 June 2021).
More...
New Queensland town to spring up as thousands stream
over the border
The Southern Redland bayside precinct, a stone's throw
from an award-winning winery, will include thousands of homes, a
town centre, a foreshore park and potentially a school ( 25 June
2021).
More...
Infrastructure funding to unlock land supply in
SEQ
A new site in Southern Redland Bay will become a priority
growth area, with the Queensland Government investing in catalyst
infrastructure to unlock over 5,000 lots, improving land supply and
housing affordability (25 June 2021). More...
Brisbane City Council Budget 2021/22 released
Lord Mayor Adrian Schrinner handed down the city's
2021/22 Budget on Wednesday 16 June, including in it a record $1.2
billion infrastructure investment, and a 3.75 per cent rate rise
announced across all rating categories (25 June 2021).
More...
Brisbane takes a fresh swing at its strategy for
inner-city industry
Brisbane is set to embark on a wholesale revamp of its
industrial strategy, saying inner city industrial precincts need
renewal and that future "urban enterprise areas" should
include a mix of industrial and residential uses (24 June 2021).
More...
New QLD laws to ensure resident-operated villages exempt
from buybacks
Queensland Housing Minister Leeanne Enoch said the
Palaszczuk Government is honouring its election commitment to
ensure resident-operated retirement villages are exempt from
mandatory buyback requirements under the Retirement Villages Act
1999 (22 June 2021).
More...
Published – articles, papers, reports
Relationships between metropolitan, satellite and
regional city size, spatial context and economic productivity
University of Adelaide, Curtin University; University of
Glasgow: 28 June 2021
It reveals that as workers face rising housing costs due to
metropolitan growth, households may not be able to move into areas
that offer them the potential to earn a higher wage. More...
Australian Bureau of Statistics
22 June 2021
National Land Account, Experimental Estimates
In practice and courts
Commonwealth
Consultation on potential national register of Enduring
Powers of Attorney
The Commonwealth Attorney General's Department has
released a Consultation Paper seeking public and stakeholder views
on possible arrangements for a National Register of Enduring Powers
of Attorney. In particular, the Attorneys-General from each
Australian jurisdiction are seeking views on: The interaction
between existing land titles registers and the new National
Register
For further information, please see:
Commonwealth Attorney-General's consultation webpage and
Public consultation paper and submission template Submissions
close on 30 June 2021.
API: APIV Scheme renewal application 2021-2026
The API announces its Australian
Property Institute Valuers Limited (APIV)
Professional Standards Scheme renewal application for 2021-2026 has
been considered by the Professional Standards Councils
(PSC) and is now closed for public consultation.
The Scheme is anticipated to come into effect on 1 September
2021
The PSC's Notice of the proposed APIV Scheme
The proposed APIV Scheme Instrument
The APIV Public Consultation Document
API: 2021 APREF defined research grant topics
released
The
APREF Research Committee and the wider property academic
profession, APREF has
released five defined research topics for funded research.
Applications are now open! The APREF Research Fund's objective
is to facilitate scientific research in the property industry,
specifically in the fields of valuation and land economy..
Submissions close on COB 30 August 2021.
More...
Register of foreign-owned water entitlements
The Commission will seek further information and feedback
following the release of a draft report in August 2021. Draft
report expected to be released in August 2021.
More...
GBCA: Green Star certification 2021 dates for your
project
The guidelines below (based on typical time frames),
specify the deadlines you'll need to meet in order to have your
project certified in time for key milestones (2021).
More...
Announcements, Draft Policies and Plans released 2021
NSW
Land Registry Services: Introducing NSW LRS
Connect
On 5 July 2021, NSW LRS will launch the first stage of NSW
LRS Connect, a new online portal for the property industry. In its
first release, NSW LRS Connect will allow Surveyors to create Plan
workspaces to digitally prepare: Deposited Plan administration
sheets; Strata Plan administration sheets and s.88b instruments. More...
Cancellation of certificates of title and 100 per cent
eConveyancing from 11 October 2021
The Registrar General of NSW has declared that 11 October
2021 is the day on which all certificates of title
(CTs) will be abolished, known as 'cessation
day'. By order under section 33AAA of the Real Property Act
1900, from cessation day all current CTs will have no legal
effect and the Registrar General will no longer issue CTs for any
reason. View the Gazette notice
here (page 11) (02 July 2021).
More...
NSW Revenue: Land Tax Build to Rent
The NSW Government is
introducing a land tax discount for new build-to-rent housing
projects until 2040 and a new Housing Diversity SEPP to provide
more housing options, greater surety for renters, boost
construction and support jobs during the COVID-19 recovery.
Guidelines for the land tax reduction for build-to-rent properties
can be read
here.
Queensland
Planning Regulation: Updates to fees and charges
On 1 July 2021, the Planning Legislation (Fees and Other
Amounts) Amendment Regulation 2021 (Amendment Regulation)
commenced, amending the Planning Regulation 2017 (Planning
Regulation) and the Regional Planning Interests Regulation 2014
(RPI Regulation).
The Amendment Regulation updates the fees and charges in the
Planning Regulation 2017 and the RPI Regulation
2014 to reflect annual indexation increases. The Amendment
Regulation and accompanying explanatory notes can be viewed on the
Queensland Government
website.
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.
More...
Assessment fees: PDA development
applications and making and amending development instruments
On 1 July 2021 EDQ fees and charges made pursuant to the
Queensland Treasury Principles for Fees and Charges (January 2018)
will increase by 1.7 per cent, as per the annual Government
Indexation Rate for the 2021-22 financial year. The
2021/22 EDQ DA fees and charges schedule applies to PDA
development applications lodged to Economic Development Queensland
(EDQ) from 1 July 2021.
Brisbane Industrial Strategy Review
The Brisbane City Council has released
Our Productive City: Brisbane Industrial Future, a draft
industrial strategy which is open for public consultation until 16
August 2021.
Land title practice manual
Updates
Land title practice manual updates 21 June 2021 (PDF,
2.1MB).
When a Tenancy Agreement finishes early
Residential Tenancies Authority: 21 June 2021
The majority of tenancies run to the end date and beyond, but when
a tenant or property owner's circumstances change, the tenancy
agreement may have to end earlier than expected. The Residential
Tenancies and Rooming Accommodation Act 2008 (RTRA Act) section 277
outlines the ways a residential tenancy agreement can end.
More...
Residential Tenancies and Rooming Accommodation
(Tenants' Rights) and Other Legislation Amendment Bill
2021
The Bill was referred to the Community Support and
Services Committee for detailed consideration and report by 26
November 2021. The explanatory notes state that the objective of
the Bill is to improve rights for renters in Queensland, address
rental affordability concerns and improve access to safe and secure
housing.
The committee is simultaneously considering the
Housing Legislation Amendment Bill 2021 which covers similar
subject matter to the Bill. The committee has resolved to amend the
timetable for its inquiry into the Bill to align with its inquiry
into the Housing Legislation Amendment Bill 2021. The closing date
for written submissions has been amended to 13 July 2021.
More...
REIQ: From 30 April: Updates to COVID-19 Response for
Residential Tenancies
The Queensland Government has recently
announced some changes to the Residential Tenancies and Rooming
Accommodation (COVID-19 Emergency Response) Amendment Regulation
2021. Some important temporary regulatory measures will continue
until 30 September 2021. Please take note of the changes listed.
More...
REIQ training requirements for the Queensland real
estate industry
The Office of Fair Trading has released new training
requirements for the Queensland real estate industry. As of 30
September 2021, the current qualification will be superseded and
replaced by a new property services training package. At the REIQ,
the new
training package not only recognises the significance of the
work undertaken by real estate professionals, but also better
reflects modern day real estate agency practice.
Brisbane City Council Budget 2021/22
The 2021/22 Budget has included provisions to continue the
50 per cent infrastructure charge rebate for
Green Building Design and 33 per cent infrastructure charge
rebate for
Universal Design.
Extension of COVID Bill
State Parliament has moved to extend the timeframe for
several measures introduced to allow Government to respond to the
impacts of COVID-19 through the
COVID-19 Emergency Response and Other Legislation Amendment Bill
2021, from 30 April to 30 September, 2021. This timeframe had
previously been extended from its initial expiry of December
2020.
City of the Gold Coast: Express DA Service
As part of the
City's economic support during COVID-19(External link), the
City is offering a 50 per cent discount on Express DAs for 12
months (from 27 October 2020 to 27 October 2021).
More...
Rockhampton Regional Council expands development
incentives policy
Rockhampton Regional Council has expanded its development
incentives policy to include multi-residential unit developments
within close proximity to the CBD. The policy will apply to
DA's lodged between 1 January 2021 and 31 December 2021. For
more information, please click
here.
Planning (COVID-19 Emergency Response) Regulation
2020
This temporary regulation establishes requirements for
keeping documents physically available for inspection and purchase
in recognition of health and safety restrictions. This enables
local governments to continue to meet their statutory obligations.
The regulation is in effect to 30 September 2021.
View the Planning (COVID-19 Emergency Response) Regulation 2020
here.
Build-to-Rent Update - approved
projects
The Queensland Government has approved two Brisbane-based
affordable housing projects by developers following a Request for
Detailed Proposals from shortlisted applicants from the Expression
of Interest Phase of the Pilot Project. It is anticipated
construction will commence mid-2021 following the finalisation of
designs for the projects, with operations expected to commence in
2023.
More...
Prosecution bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions.
More...
DAMS and SPP IMS updates
30 June 2021 Future railway corridor
Moreton Bay Rail Link removed remaining area between Mango
Hill and Rothwell
Beerburrum to Nambour Rail Upgrade amendment to protected corridor
at Glass House Mountains protected corridor area split into
'rail upgrade 2 & 3 DTMR DAMS SPP IMS.
23 June 2021 aviation facility
Location of aviation facilities:
Data changes include: 38 new facilities; removal of 4 facilities,
mapping coordinates changes for 6 facilities, changes to the
metadata for 120 facilities.
Alteration of HF building restricted areas update the building
restricted areas for HF aviation facilities to align with the
National Airports Safeguarding Framework.
DTMR SPP IMS.
More...
Place Names – Current proposals
Job number 19-027: Yaraka
Closing date for comments: 16 July 2021
Additional information: This proposal addresses community concerns
around confusion with addressing, provision of postal services and
to reinstate historical connections.
Decided: Decision pending
Attachments:
Proposal plan QPN1404 (PDF, 1.23MB)
Consultations
Water restriction targets for South East Queensland's water
security
Open until 9 July 2021 - Department of Natural Resources, Mines and
Energy
Have your say on the anticipated duration of water restrictions in
south east Queensland.
Seeking public submissions for the Noosa Area Draft Management
Plan
Open until 25 July 2021. Have your say on the future management of
Noosa Area's national park and conservation reserves.
Cases
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
Cement
Australia (Exploration) Pty Ltd & Anor v East End Mine Action
Group Inc & Anor (No 4) [2021] QLC
22
ENERGY AND RESOURCES – MINERALS – COURTS OR
TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS –
QUEENSLAND – application to extend the mine –
application for mining lease – application to amend
environmental authority – where there were objections to
applications – where objections raised issues regarding
geology, groundwater, surface water impacts, groundwater to surface
water interactions, flooding, noxious weeds and subsoil
moisture
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS
EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND
– where the Court considered the standard criteria in s
269(4) of the Mineral Resources Act 1989 – where the criteria
have been met – where the Court accepted that there would be
an acceptable level of development and utilisation of the mineral
resources within the area applied for – where the size and
shape of the surface area is appropriate – where the
applicants have the necessary financial and technical capability to
undertake the proposed mining operations – where the past
performance of the applicants have been satisfactory – where
the operations to be carried out under the proposed mining lease
conform with sound land use management – where there will be
some groundwater drawdown impacts but where the surface water
impacts will not be significant and the salinity of surface water
beyond the mine should remain unchanged – where the
applicants' approach to avoid, minimise or mitigate adverse
impacts mean the public right and interest will not be prejudiced
– where there are no good reasons to refuse the grant of the
MLA – where the proposed mining operation is an appropriate
use of the land applied for
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS
EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND
– where the Court considered the standard criteria in
schedule 4 of the 2013 Environmental Protection Act 1994 –
where the Court was required to consider the National Strategy for
Ecologically Sustainable Development – where the threats of
environmental damage and scientific uncertainty are mitigated
through adaptive management and government regulation – where
the Court considered the s 233 criteria of the 2013 reprint of the
Environmental Protection Act 1994 – where the application
documents and regulatory requirements are met – where the
standard criteria were considered including the character,
resilience and values of the receiving environment, the best
practice environmental management, and the public interest –
where the Court considered each current objection
HUMAN RIGHTS – JURISDICTION AND PROCEDURE – QUEENSLAND
– whether the Court has jurisdiction to consider the Human
Rights Act 2019 in the absence of objections – where the Land
Court has jurisdiction and a duty to consider human rights in the
absence of submissions – where s 24(2) of the Human Rights
Act 2019 was considered – where the human right to property
would not be prejudiced – where the proposed expansion is
proportionate to the public interest
Acts Interpretation Act 1954 Qld sch 1; Environmental Protection
Act 1999 Qld sch 4, s 3, s 4, s 150, s 197, s 217, s 222, s 223, s
251, s 559, s 559, s 683
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)
Dowse
v Commissioner of State Revenue [2021] QCAT
221
TAXES AND DUTIES – LAND TAX – LIABILITY FOR
LAND TAX – review of a decision of the Commissioner of Land
Tax for the 2017-18 and 2018-19 financial years – where
Commissioner assessed taxpayer on reassessment as an absentee and
not being entitled to the home exemption – where taxpayer
working in the United Kingdom initially for a company associated
with his Australian employer and then for a company without any
Australian connection – where taxpayer had a dwelling in
Queensland which he maintained for his return – whether
taxpayer entitled to the exception to being an absentee on the
basis that he was absent in the performance of his duty for his
Australian employer – whether the taxpayer was eligible for
the employer exception to be prorated – whether the
taxpayer's residence was his principal place of residence
ACA
Gold Pty Ltd atf ACA Gold Property Trust v Argo Architects Pty
Ltd [2021] QCAT
218
LANDLORD AND TENANT – RETAIL AND COMMERCIAL
TENANCIES LEGISLATION – JURISDICTION, POWERS AND APPEALS OF
COURTS AND TRIBUNALS – OTHER MATTERS – whether an
interim order should be granted – where seeks same relief as
final relief
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– ENDING PROCEEDINGS EARLY – OTHER MATTERS –
dispute between commercial tenant and landlord – whether
Tribunal has jurisdiction – whether a retail tenancy dispute
or an eligible lease dispute – whether misconceived and
lacking substance – whether costs should be awarded
Cases to 28 June 2021
Sheldrick
v Sheldrick & Anor [2021] QDC
118
REAL PROPERTY – STATUTORY TRUSTEES –
APPLICATION – SALE OF INTEREST IN PROPERTY – where the
applicant and first respondent each have a 50 per cent interest in
the property – where the applicant wishes to purchase the
first respondent's 50 per cent interest in the property –
where the first respondent wishes the property to be sold and the
proceeds divided - where statutory trustees have been appointed to
facilitate the sale of the property – where the statutory
trustees have been restrained from selling the property until
further order by the Court - where the applicant applies to cease
the public auction of the property and execute a contract of sale
of the first respondent's 50 per cent interest in the property
to her for the sum of $145,000 – whether the proposed
contract adequately reflects the reasonable costs incurred by the
trustees in facilitating the sale of the property and other
expenses directly attributable to the applicant's conduct
– whether the contract is consistent with the trustees'
obligation to obtain the best price reasonably obtainable for the
property – whether the order of the Court restraining the
trustees from selling the property until further order should be
set aside
REAL PROPERTY – STATUTORY TRUSTEES – where the
applicant resided at the property – where the applicant was
ordered by the Court to vacate the property – where the
applicant left personal items on the property after vacating it
– where the trustees' notified the applicant's
solicitors of the applicant's personal items left at the
property – whether the trustees' acted appropriately in
relation to the applicant's personal property
Property Law Act 1974 Qld
JSFNQ
1 Pty Ltd v Townsville City Council [2021]
QPEC 28
PLANNING AND ENVIORNMENT – APPEAL AGAINST REFUSAL OF
DEVELOPMENT APPLICATION – where development application
concerned material change of use permit – where proposed
development involved construction of service station and food and
drink outlets – where proposed in High Density Residential
Zone
CONFLICT WITH PLANNING SCHEME – whether proposed development
contrary to existing and intended standard of amenity and character
– whether proposed development an appropriate use –
where proposed development not contemplated by planning
scheme
GROUNDS – whether proposed development assists in activation
and enhancement of premises – whether proposed development
contrary to reasonable community expectations – where
proposed development did not meet an existing latent unsatisfied
economic and planning need
Planning Act 2016 Qld s45; Planning and Environment Court Act 2016
Qld ss 43, 45
Ahwang
v Torres Strait Island Regional Council
[2021] QSC 147
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – FAILURE TO OBSERVE STATUTORY PROCEDURE –
where the respondent is the trustee of a grant of land in fee
simple at St Pauls on Moa Island – where as trustee the
respondent is obliged to hold the land on trust for the benefit of
the Islander inhabitants – where the applicant and another
person submitted to the respondent expressions of interest in
leasing the property – where the respondent granted the lease
to the other person and not the applicant – where the
applicant sought a statutory order of review of this decision
– whether the decision to grant the lease was a decision as
per s 4 Judicial Review Act 1991 (Qld) – whether the
respondent's decision making process had to be in compliance
with s 135 Torres Strait Islander Land Act 1991 (Qld) –
whether the decision was made in compliance with the requirements
of s 135 Torres Strait Islander Land Act – whether the
decision was actually made in compliance with the respondents
adopted decision making process
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– TIME, EXTENSION AND ABRIDGMENT – where the
application was filed over seven months out of time – whether
an extension of time in which to apply should be granted. Judicial
Review Act 1991 Qld ss 4, 5(d), 20, 26
Brakar
Pty Ltd v Sunshine Developments (Vic) Pty Ltd
[2021] QCAT 217
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – ENDING PROCEEDINGS EARLY – OTHER MATTERS
– dispute between commercial tenant and landlord –
whether Tribunal has jurisdiction – whether a retail
COVID-19 Emergency Response Act 2020 Qld s23
Queensland Civil and Administrative Tribunal Act 2009 Qld ss 47,
48, 52
Retail Shop Leases Act 1994 Qld ss 5A, 5B, 5C, 55, 103, sch; Retail
Shop Lease and Other Commercial Leases (COVID-19 Emergency
Response) Regulation 2020 Qld ss 2, 9, 12, 21, 26, 40, 41, Sch 1;
Retail Shop Leases Regulation 2016 Qld ss 8, Sch 1
Legislation
Commonwealth
National Radioactive Waste Management Amendment (Site
Specification, Community Fund and Other Measures) Bill
2020
Assent Act no: 59 Year: 2021 29 June 2021
Establishes a National Radioactive Waste Management Facility to
permanently dispose of low level radioactive waste and temporarily
store intermediate level radioactive waste by amending the National
Radioactive Waste Management Act 2012 to: Specify the site selected
and enable the acquisition of additional land for the facility;
abolish the National Repository Capital Contribution Fund and
establish a Community Fund to provide economic and social
sustainability for the community in which the facility will be
located; and provide clear and objective links between the
operation of the Act and the relevant Constitutional heads of
power.
Water Legislation Amendment (Inspector-General of Water
Compliance and Other Measures) Bill 2021
24 June 2021 – Consideration of message in HR and
Senate - Amends the Water Act 2007 to: Establish the role of an
independent Inspector-General of Water Compliance to monitor, and
provide independent oversight of, water compliance; provide for the
Inspector-General's powers and functions; introduce new offence
and civil penalty provisions for unlawful conduct relating to the
taking of water and new civil penalties for conduct relating to
trading of water rights; and make minor amendments. Also makes
consequential amendments to the Basin Plan 2012.
Regulations
National
Housing Finance and Investment Corporation Investment Mandate
Amendment (Family Home Guarantee) Direction
2021
02/07/2021 – No longer in force - This instrument
amends the National Housing Finance and Investment Corporation
Investment Mandate Direction 2018 to establish the Family Home
Guarantee, extend the New Home Guarantee and amend the price caps
applicable to the First Home Loan Deposit Scheme.
Native
Title (Recognition as Representative Body – North Queensland
Land Council) Instrument 2021
29/06/2021 - This instrument recognises the North
Queensland Land Council as a native title representative body for
three years from 1 July 2021 to 30 June 2023.
Queensland
Bills
Housing Legislation Amendment Bill 2021
Introduced by: Hon L Enoch MP on 18/06/2021
Stage reached: Referred to Committee on 18/06/2021
An Act to amend the Residential Tenancies and Rooming Accommodation
Act 2008, the Residential Tenancies and Rooming Accommodation
(COVID-19 Emergency Response)Regulation 2020, the Residential
Tenancies and Rooming Accommodation Regulation 2009 and the
Retirement Villages Act 1999
Resources and Other Legislation Amendment Bill 2021
Introduced by: Hon S Stewart MP on 16/06/2021
Stage reached: Referred to Committee on 16/06/2021
Subordinate legislation as made – 30 June
2021
No 78
Planning Legislation (Fees and Other Amounts) Amendment Regulation
2021
No 79
State Penalties Enforcement Amendment Regulation 2021
No 83
Energy and Public Works Legislation (Fees) Amendment Regulation
2021
No 87
Housing Legislation (Fees) Amendment Regulation 2021
No 88
South-East Queensland Water (Distribution and Retail Restructuring)
Regulation 2021
No 90
Environmental Legislation (Fees) Amendment Regulation
2021
No 91
Professional Standards (The Australian Institute of Building
Surveyors Professional Standards Scheme) Notice 2021
No 92
Professional Standards (Australian Property Institute Valuers
Limited Professional Standards Scheme) Notice 2021
Subordinate legislation as made – 18 June
2021
No 60
Revenue Legislation (Fees) Amendment Regulation 2021
No 61
Proclamation—Queensland Future Fund (Titles Registry) Act
2021 (commencing remaining provisions)
No 62
Queensland Future Fund (Titles Registry) (Transitional) Regulation
2021
No 70
Water (Fees) Amendment Regulation 2021
No 71
Water Plan (Fitzroy Basin) Amendment Plan 2021
No 72
Water Amendment Regulation 2021
No 75
Resources Safety and Health Legislation (Fees and Other Matters)
Amendment Regulation 2021
Subordinate legislation as made – reminders
No 49
Water Plan (Mary Basin) (Postponement of Expiry) Notice
2021
For section 56(1) of the Act, the new expiry date for the Water
Plan (Mary Basin) 2006, as postponed under section 55 of the Act,
is 28 May 2024.
No 50
Planning (COVID-19 Vaccination Service) Amendment Regulation
2021
Insert 20A When material change of use for providing COVID-19
vaccination service is not assessable development. This section
expires on 31 December 2021.
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