In the media
UNESCO wants more info about Queensland ports
An advisor to the World Heritage Committee says it wants more information from Australian authorities about plans to expand ports along the Great Barrier Reef (25 June 2013)
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EPBC Act amendment gets through and science the winner
The Senate has passed the Environment Protection and Biodiversity Conservation Act amendment bill known as the “water trigger amendment”, which now means the Commonwealth has legal authority for ensuring water systems are not impacted by major coal seam gas and coal mining projects (24 June 2013)
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Delivering the next generation of Green Star rating tools
A new report claims 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, and also use half the water of buildings that simply meet minimum industry requirements (20 June 2013)
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EEO program: driving energy efficiency savings in new projects
The Energy Efficiency Opportunities (EEO) program will be broadened to incorporate new developments and major expansions, across a range of sectors including mining, manufacturing, oil and gas, and generation and some infrastructure projects (19 June 2013)
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Australian still leads in gene technology risk assessment
Australia is maintaining its leadership in assessing risks to human health and the environment from gene technology, with the launch of a revised Risk Analysis Framework updating Australia’s system of regulating GM crops (12 June 2013)
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Federal judge rules on REA trademark case
After a lengthy trademark battle between REA Group and owners of realestate1.com.au, a Federal Court judge has ruled in favour of the portal giant. In the judgment handed down on Friday 7 June, the Hon. Justice Broomberg found that realestate1.com.au’s domain name infringed with that of REA Group (11 June 2013)
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Energy efficiency key to tackling warming climate
The International Energy Agency has launched a report stating that energy efficiency in buildings, industry and transport is the most important strategy for limiting dangerous climate change (11 June 2013)
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Townsville economic blueprint set for take-off
A new five-year economic plan for Townsville will focus on the expansion of the city’s airport.
The plan, which will be released today, will also outline ways to attract aviation service companies to north Queensland (25 June 2013)
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Brisbane’s sustainable airport set to take off
Brisbane Airport Corporation (BAC) has registered its Property Development Master Plan to achieve a Green Star – Communities PILOT rating. The Property Development Master Plan will be assessed against best practice benchmarks for liveability, economic prosperity, environmental sustainability, design excellence, governance and innovation (24 June 2013)
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Redlands set for major transformation
The state Government will work with Redland City Council to prepare development schemes for both the Toondah Harbour and Weinam Creek PDAs to transform the underutilised areas (21 June 2013)
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Queensland Government supports Logan 2-Year Action Plan
The Government’s response to the Action Plan identifies areas where the State can contribute to the broader task of re-building community capacity within Logan City, including a range of initiatives to strengthen the Logan community in the areas of education, employment, housing, safety and social infrastructure ( 20 June 2013)
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Queensland Company director charged with property fraud
A Company director has appeared in the Bathurst Magistrates Court facing eight counts of fraudulent misappropriation, following an investigation by ASIC, allegedly dishonestly induced various investors to pay approximately $618,000 to acquire interests in a “house and land” property development in Queensland (19 June 2013)
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Public comment sought for Brisbane precinct redevelopment
An online survey has been launched for community feedback on how the Brisbane Government Precinct can be redeveloped. Private sector investment is required to revitalise the areas through a mix of new uses which could include retail, quality hotels, cultural activities, entertainment and convention facilities (19 June 2013)
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Red Hill mining lease environmental assessment declared
Queensland’s Coordinator-General has declared the proposed extension of a coal mine 20 kilometres north of Moranbah in the Bowen Basin a coordinated project. An environmental assessment will consider the potential environmental, economic or social impacts of the proposed project (18 June 2013)
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Building on climate change flood land not OK: QPEC
The Queensland Planning and Environment Court has dismissed an appeal by the developer of a large resort and residential community on Rainbow Beach on the basis of its exposure to erosion, storm surge and climate change-related sea level rise (18 June 2013)
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Developer says Pumicestone Passage safe from Caloundra South development
Developer Stockland says conditions imposed by the Federal Government on the Caloundra South development will ensure the protection of Pumicestone Passage throughout construction (12 June 2013)
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Changes proposed to boost water trading in Logan Basin
The Director-General of the Department of Natural Resources and Mines said the amended Logan Basin Resource Operations Plan proposed to convert more than 100 water licenses on Christmas and Running Creeks into tradeable water allocations (12 June 2013)
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New laws need to deliver planning reform
Fundamental reform of the state’s planning system to boost Queensland’s property and construction sectors will require a once-in-a-generation overhaul of planning laws. The purpose of the new legislation will be to enable development (12 June 2013)
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Published – articles, papers, reports
Getting gas right: Australia’s energy challenge / Tony Wood, Lucy Carter; Grattan Institute
The report examines the creation of an east coast gas export market – which will join with Western Australian exports to produce an estimated $50 billion-a-year industry by 2017 — and Australia’s role in a gas revolution created by surging demand in Asia and new discoveries of shale gas in the United States (16 June 2013)
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Housing Finance, Australia, April 2013 / Australian Bureau of Statistics
The trend estimate for the total value of dwelling finance commitments excluding alterations and additions rose 1.2%. Owner occupied housing commitments rose 1.2% and investment housing commitments rose 1.2%. In seasonally adjusted terms, the total value of dwelling finance commitments excluding alterations and additions fell 0.2% (11 June 2013)
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Lending Finance Australia, April 2013 / Australian Bureau of Statistics
The total value of owner occupied housing commitments excluding alterations and additions rose 1.2% in trend terms, while the seasonally adjusted series fell 0.9% Apr 2013 (cat no. 5671.0) (12 June 2013)
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In practice and courts
Energy Networks Association (ENA) Discussion Paper: Smart Reform: People, Power, Price
The discussion paper, will seek stakeholder feedback on the key issues to be addressed in consumer engagement, new technologies and pricing reform. The ENA discussion paper Smart Reform: People, Power Price can be downloaded at: www.ena.asn.au (13 June 2013)
Release of unallocated water in the Great Artesian Basin: tenders open
The tender process for general reserve unallocated water commenced on 21 June 2013. The released public notice and the sale notice provide details about the water available for purchase, and requirements for tenders. Applications for water purchase close on 23 August 2013 (20 June 2013)
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Cases
Rigby v Dunn [2013] QDC 130
VENDOR AND PURCHASER – Purchaser’s claim for rescission – whether failure of solicitors for vendor to communicate relieved purchaser from tendering – whether final decision can be made on available evidence.
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Rainbow Shores P/L v Gympie Regional Council & Ors [2013] QPEC 026
LOCAL GOVERNMENT– TOWN PLANNING – Development Application for preliminary approval for an integrated resort/commercial village within a broader residential community offering a range of housing styles and densities supported by retail, business services and community infrastructure and within vegetated community open space – application under Transitional Planning Scheme – weight to be afforded to existing planning scheme and draft planning scheme – Wide Bay Burnett Regional Plan – State Coastal Management Plan 2001 – Queensland Coastal Plan 2012 – Draft Coastal Plan State Planning Regulatory Provision 2012 – Coastal Plan State Planning Regulatory Provision 2013, Temporary State Planning Policy 2/12 – Draft State Planning Policy – whether amendments to draft planning scheme colourable – need, economic, community and social benefit – weight attributed to a failure to demonstrate sufficient need – impacts on fauna, flora and biodiversity – importance of site to geological sciences – exposure of the site to erosion, storm surge and climate change related sea level rise – bushfire management – wastewater reuse and groundwater – impact of proposal on beach access – sufficiency of planning grounds or grounds to warrant approval – whether proposal to dispose of effluent for the “whole of the community”, in addition to those on the subject site, an extraneous consideration.
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Christodoulou & Nobilio v ISPT Pty Ltd [2013] QCAT 206
RETAIL SHOP LEASE MATTERS – COMPENSATION – LIABILITY – where claim for compensation for breach or express and implied terms of lease, covenant against non-derogation – whether foot traffic decreased – whether flow of potential customers past shop substantially altered – whether significant disruption to lessee’s trading in leased shop – whether circumstances can be viewed overall
RETAIL SHOP LEASE MATTERS – COMPENSATION – CAUSATION – whether loss caused by actions of lessor – whether other factors relevant
RETAIL SHOP LEASE MATTERS – COMPENSATION – QUANTUM – methodology of calculation
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Hannu Alvar Savimaki, Matti Johannes Savimaki and Pentti William Savimaki v Sunshine Coast Regional Council [2013] QLC 33
Compensation is determined in the sum of Six Million Eight Hundred and Seventy-Six Thousand, Five
Hundred and Ninety Dollars ($6,876,590).
Resumption ―Pointe Gourde principle ― extension of existing regional airport ― principle based in statutory application, not common law ― difficulties in application ― guidelines ― resumption held part of wider scheme for airport extension ―changes in infrastructure and planning due to scheme to be ignored
Evidence ― Rule in Jones v Dunkel ― constructing authority in a position to lead evidence as to nature of scheme ― no evidence called ―Court permitted to draw inference adverse to constructing authority
Valuation ― offer to purchase by constructing authority ― whether admissible as evidence of value
― competing authorities ―Land Court not bound by strict rules of evidence ― offer held admissible
― question of relevance and weight
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Legislation
Commonwealth
Acts
Asbestos Safety and Eradication Agency Act No 58 of 2013
An Act to establish the Asbestos Safety and Eradication Agency, and for related purposes to establish the Asbestos Safety and Eradication Agency to administer the National Strategic Plan, which aims to prevent exposure to asbestos fibres in order to eliminate asbestos‑related disease in Australia (Registered 25 June 2013 Date of Assent 21 June 2013)
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Legislative Instruments
Environment Protection and Biodiversity Conservation Amendment (Fees for Wildlife Trade Permits) Regulation 2013 SLI 2013 No. 122
This regulation amends the Environment Protection and Biodiversity Conservation Regulations 2000 to update fees for wildlife trade permits. Administered by: Sustainability, Environment, Water, Population and Communities (Registered 14 June 2013)
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Marine Safety (Domestic Commercial Vessel) National Law (Meaning of Corresponding State-Territory law) Declaration 2013
This instrument declares that the laws listed are corresponding State-Territory law. Administered by: Infrastructure and Transport (Registered 13 June 2013 )
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Queensland
Regulations
No 93: Economic Development Amendment Regulation (No. 2) 2013 – 21 June 2013
Amends the Economic Development Act 2012 – Amendment of sch 1 (Priority development areas) and Amendment of sch 2 (Interim land use plans) - Blackwater East, Toondah Harbour and Weinam Creek
No 104: Land Protection (Pest and Stock Route Management) Amendment Regulation (No. 1) 2013 – 21 June 2013 – Amends the Land Protection (Pest and Stock Route Management) Act 2002 – Amendment of s 14 (Annual payments by local governments); Amendment of s 15 (Prescribed entities for nominating persons as protection council members—Act, s 193) and 5 Amendment of sch 3 (Purposes and pests for declared pest permits)
No 105: Electricity and Another Regulation Amendment Regulation (No. 1) 2013 – 21 June 2013
Amends the Electricity Act 1994; Queensland Civil and Administrative Tribunal Act 2009 – amended prices, charges and fees
Acts as passed
No 28: Revenue Amendment and Trade and Investment Queensland Act 2013 – 20 June 2013
Includes amendments to duties for trusts and entities, First Home owner grant, Electricity pricing.
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