In the media
JLL report: Retail sector needs stimulation
Further stimulation to build consumer confidence is needed in the retail sector as consumer sentiment drops yet again, according to Jones Lang LaSalle’s (JLL) Retail Centre Managers’ Survey for May (07 June 2013)
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Telstra considering plan to remove asbestos from all pits amid NBN scare
Telstra is considering a long-term plan to completely remove asbestos from all its pits, amid concerns members of the public may have been exposed to the deadly fibres (06 June 2013)
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CEC: New record for clean energy in Australia
A record 13.14 per cent of Australia’s electricity was supplied by renewable energy in 2012, according to new figures released today by the Clean Energy Council. The clean energy industry contributed $4.2 billion in investment and approximately 24,300 jobs to the Australian economy in 2012 (05 June 2013)
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Green Star building benefits proven in new report
Green Star buildings are slashing greenhouse gas emissions, making significant savings on energy and water consumption and costs, and preventing truckloads of waste to landfill, a report has found (05 June 2013)
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Report finds environmental benefits of Green Star buildings
Green Star-rated buildings emit around a third of the greenhouse gas emissions and use a third of the electricity when compared with the average Australian building, a new report finds (03 June 2013)
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Gladstone community invited to comment on new water plans
The community of Gladstone region has been invited to have its say on two new draft water resource plans (WRPs) being prepared for the Boyne River Basin (12 June 2013)
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Bowen Basin coal project open for public comment
The Queensland Coordinator-General approved the release of Byerwen Coal’s EIS, a joint venture between QCoal and JFE Steel, for public comment. The release of the EIS was another important step in the rigorous assessment of the proposed open-cut coal mine project 45 kilometres south of Collinsville (07 June 2013)
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Analysis of CCA agreements concerns landholders
A recent analysis of costs incurred by landholders and resource authorities in negotiating Conduct and Compensation Agreements in Queensland has been criticised by landholders (07 June 2013)
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No decisions made on Land Access reforms
The Minister for Natural Resources and Mines has moved to reassure landholders and resource companies that while the process of strengthening Queensland’s land access laws is progressing, no decisions have yet been made on changes to existing laws (07 June 2013)
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Community feedback received on Queensland’s Water future paper
Queensland’s water services need better planning, lighter-handed regulations and business sustainability, according to community feedback on the Queensland Government’s 30 Year Water Strategy discussion paper (11 June 2013)
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State Budget 2013 to enhance and protect Queensland’s environment
Protecting the Great Barrier Reef, building healthy waterways and cracking down on environmental vandals is a major focus of the Newman Government’s 2013-14 State Budget (04 June 2013)
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Work on the Commonwealth Games Village construction commences in October
The Newman Government will spend almost $50 million in 2013-14 preparing the Parklands site to become the official village for the 2018 Commonwealth Games after the Government takes control of the site in October (04 June 2013)
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Queensland Budget F2014 for property sector
Treasurer Tim Nicholls reinforced the Government’s commitment to returning the Budget to surplus by F2015, which has been reflected in the lack of capital investment in new projects. Stamp duty and land tax revenues are down on forecasts, reflecting the depressed state of the market, and no new initiatives have been introduced to restore activity to the property sector (04 June 2013)
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New land release a boost to exploration opportunities
The Newman Government has provided another boost to Queensland’s petroleum and gas sector with the release of over 8700 square kilometres of new land for exploration, calling for work program-based tenders to explore for petroleum and gas resources on land located in under-explored and greenfield areas of the State (28 November 2013)
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Published – articles, papers, reports
Climate Adaptation decision support Tool for Local Governments: CATLoG / Stefan Trueck, et al; NCCARF
This is the handbook for the Climate Adaptation decision support Tool for Local Governments, a project specifically meant to assist decision makers in comparing and prioritising climate change adaptation (05 June 2013)
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Limp, Leap or Learn? Developing legal frameworks for climate change adaptation planning in Australia / Andrew Macintosh et al; NCCARF
This report identifies the range of legal tools and instruments that can be used to influence the spatial distribution and nature of land use and development and hence the exposure and vulnerability of settlements to climate hazards (30 May 2013)
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National access regime: public inquiry / Productivity Commission
The market failure that the National Access Regime should address is a lack of effective competition in markets for infrastructure services due to natural monopoly (28 May 2013)
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APLNG presentation: Co-existence, a farmer’s perspective
David Baldwin, Origin Energy Discussed the co-existence between the resources industry and landholders, at the APPEA Conference (29 May 2013)
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In practice and courts
New Australian Standard – AS 5334-2013
Climate change adaptation for settlements and infrastructure – A risk based approach
Supersedes: DR AS 5334 (published on 05 June 2013)
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Operating your business in a low carbon economy seminars
The seminars are intended to help companies improve their bottom line while working in a carbon constrained economy using financial management tools. The seminars commence in Port Macquarie and are being hosted nationally from May to July 2013. Register for the free sessions via the Davidson Institute. (29 May 2013)
Announcements, Draft Policies and Plans released 2013
Draft water resource plans (WRPs) for the Boyne River Basin: Public Comment
The community of Gladstone region has been invited to have its say on two new draft water resource plans (WRPs) Interested parties have until 2 August 2013 to lodge submissions. More information about the draft water plans, overview report, technical assessments, submission forms and how to make a submission are available at: www.dnrm.qld.gov.au (12 June 2013)
Bowen Basin coal project (EIS) : Public Comment
The community is encouraged to have its say on the Environmental Impact Statement (EIS) for the
proposed $1.76 billion Byerwen Coal Mine project. Submissions can be made from 8 June until 23 July 2013.The EIS, and advice on how to make a submission, can be viewed online (07 June 2013)
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Queensland 30 Year Water Strategy [Draft] released
The draft 30 Year Water Strategy is now being finalised for further engagement and consultation in the coming months, prior to a final strategy being released in early 2014. (07 June 2013)
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Cases
Commonwealth Bank of Australia v Nemeth [2013] QDC 125
INTEREST – Recoverability under common law and statute – liability under guarantee of loan agreement – liability under guarantee limited to specified amount plus enforcement expenses – effect on claim for interest by statute.
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Amjad Enterprises Pty Ltd v Crux Investments Pty Ltd [2013] QCAT 203
RETAIL SHOP LEASE DISPUTE – APPLICATION TO STRIKE OUT OR DISMISS AMENDED CLAIM – disputed question of law – validity of Notice to Remedy Breach – other issues requiring to be tried – proper limits of decision making under QCAT Act section 47 – onus upon applicant to show claim unarguable – onus not discharged.
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Ingram v Anor v Unison Projects Pty Ltd [2013] QCAT 200
FENCING DISPUTE – existing fence removed: whether a dividing fence – creek remodelled and moved: whether creek a dividing fence – correct contributions to sufficient fence where need for fence is caused by development – equal contributions are only a starting point
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Woodman McDonald Hardware P/L v Mackay Regional Council [2013] QPEC 021
Submitter appeal against decision to approve a development application for a material change of use for a large format Bunnings hardware – whether conflict with centres hierarchy – whether conflict for use of Industry (High Impact) Zone land for non industrial use – whether sufficient grounds – whether economic need – whether planning need – whether adverse impacts – whether absence of amenity and traffic impacts are “grounds” – whether to have regard to the published draft planning scheme – whether approval sabotages forward planning or will have a significant adverse impact on planned facility
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Thorneton Avenue Pty Ltd v Body Corporate for the Avenues CTS 19609 [2013] QCAT 173
OTHER CIVIL DISPUTE OTHER CIVIL DISPUTE – COMMUNITY HOME UNIT COMPLEX – REMUNERATION OF CARETAKER – RIGHT TO REVIEW SAME DISPUTED – CONTRACT PROVIDING FOR AGREED VALUER – NO AGREEMENT – ORDER FOR APPOINTMENT OF VALUER BY REAL ESTATE INSTITUTE OF QUEENSLAND – VALUER APPOINTED BY REIQ – APPLICATION TO SET ASIDE APPOINTMENT – APPREHENDED BIAS CLAIM – DIFFERENT APPLICATION OF APPREHENDED BIAS PRINCIPLE TO COURTS AND OTHER DECISION MAKERS DISCUSSED – APPLICATION FOR DISQUALIFICATION OF REIQ APPOINTEE REFUSED
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Legislation
Commonwealth
Legislative Instruments
Amendment to the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (151) (31/05/2013)
This instrument amends the List of Threatened Species (16/07/2000) by updating the scientific names of 2 fauna and 3 flora species ( Registered 07 June 2013)
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Carbon Credits (Carbon Farming Initiative) (Enclosed Mechanical Processing and Composting Alternative Waste Treatment) Methodology Determination 2013
This instrument sets out the detailed rules for implementing and monitoring legacy waste diversion projects that process waste to reduce the generation and emission of methane. The projects manufacture a range of fit-for-purpose products from the legacy waste.
Administered by: Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Registered 07 June 2013)
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High Court Amendment (Vexatious Proceedings and Other Matters) Rules 2013 SLI 2013 No. 107
These Rules bring the High Court Rules into conformity with the new Part XAB of the Judiciary Act 1903. Administered by: Attorney-General’s (Registered 06 June 2013)
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Carbon Credits (Carbon Farming Initiative) (Enclosed Mechanical Processing and Composting Alternative Waste Treatment) Methodology Determination 2013
This instrument sets out the detailed rules for implementing and monitoring legacy waste diversion projects that process waste to reduce the generation and emission of methane. The projects manufacture a range of fit-for-purpose products from the legacy waste (Registered 07 June 2013)
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National Greenhouse and Energy Reporting Amendment (LNG, LPG, Opt-in Scheme and Other Measures) Regulation 2013 SLI 2013 No. 104
This regulation amends the National Greenhouse and Energy Reporting Regulations 2008 to include specific reporting requirements for new categories of liable entities under the carbon pricing mechanism, introduced by amendments to the Clean Energy Regulations 2011 (Registered 05 June 2013)
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Navigation Regulation 2013 SLI 2013 No. 98
This regulation will primarily be concerned with the management of customs vessels under the Navigation Act 2012 but will also address matters related to liability, loss and salvage.
(Registered 03 June 2013 Tabled HR 05 June 2013)
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Queensland
Bills
Energy and Water Legislation Amendment Bill 2013
Amendment of the Electricity Act 1994 Purpose, accreditation, fees, disputes and Amendment of Energy and Water Ombudsman Act 2006 Restrictions on disputes relating to energy entities that can be referred). Introduced 05/06/2013 Committee on 05/06/2013
Justice and Other Legislation Amendment Bill 2013
Amends the Lands Act for Clause Amendment of s 5 (Jurisdiction of Land Court) and Amendment of Aboriginal and Torres Strait Islander Land Holding Act 2013 with 4 Omission of s 139 (Amendment of s 32J (Land Court has power of the Supreme Court for particular purposes). Introduced on 05/06/2013 Referred to Committee on 05/06/2013
Protection of Prime Agricultural Land and Other Land from Coal Seam Gas Mining Bill 2013*
Bill to define how the purposes are achieved; Interpretation of words meaning in Petroleum and Gas
(Production and Safety) Act 2004 – Meaning of CSG activity,Meaning of protected land ; Offence to carry out CSG activity on protected land; Liability of executive officers; Definition for Existing petroleum tenures etc. and Existing applications for petroleum tenure etc.
Revenue Amendment and Trade and Investment Queensland Bill 2013
Introduced 04/06/2013 2nd reading to be moved on 04/06/2013 – A Bill to repeal the Future Growth Fund Act 2006, and to provide for an Act to establish Trade and Investment Queensland and to amend the Industrial Relations Regulation 2011 for related purposes
Contact Us
Andrew Johnson Partner
Direct Line: (07) 3228 0408
ajohnson@millsoakley.com.au
Michael Nixon Partner
Direct Line: (07) 3228 0450
mnixon@millsoakley.com.au