In the media
ACCC proposes to authorise code for solar retail businesses
The Australian Competition and Consumer Commission proposes to grant authorisation for five years to the Clean Energy Council Limited (CEC) for a voluntary code of conduct for solar photovoltaic (PV) retail businesses (04 July 2013)
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National Electricity Market (NEM): Solar and wind surge while demand slumps
Electricity consumption in the states continues to fall according to new statistics. Consumption for the first six months of 2013 was 2.5 per cent lower than the same time last year. On a financial year basis electricity consumption was 2.6 per cent lower in the last 12 months compared to the previous 12 months ending June 30, 2012 (03 July 2013)
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CEFC Clean energy fund investment concerns
The CEFC chief executive announced the company was examining investment in a number of significant wind farm projects, but future investments were yet to be confirmed. The CEFC is a legislated $10 billion fund dedicated to investing in clean energy 2013 (01 July 2013)
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State report recommends way ahead for UCG industry
The Newman Government has released the final recommendations of an Independent Scientific Panel examining the future of the Underground Coal Gasification (UCG) industry in Queensland. The panel considered the technical and environmental aspects of two separate trial UCG projects being conducted by Linc Energy and Carbon Energy (08 July 2013)
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Land Management Online (LMO)
A new land management website has been launched for Queensland landholders who are turning their properties into nature refuges. Nature refuge custodians would be able to develop an LMO profile, share information and resources, engage in forums and group discussions, and message and follow other users (05 July 2013)
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Discussion paper on infrastructure charges reform
The State Government has released a discussion paper outlining options for the reform of the funding framework for local government infrastructure developed from feedback received from key local government and development industry representatives (03 July 2013)
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Brisbane looms as next Casino battleground
CWN was given the go ahead for its billion-dollar high-rise casino development at Barangaroo South on the Sydney Harbour to move to the next stage in the NSW government’s approval process, at the expense of a disappointed rival EGP proposal (July 2013)
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New plan promises farmland protection
The Queensland Government says towns and prime agricultural land will be protected as part of a new regional plan for the Darling Downs (28 June 2013)
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Commonwealth Games Village shortlist announced
Three developers have been shortlisted to build the Gold Coast 2018 Commonwealth Games (GC2018) Village. The site was declared a Priority Development Area (PDA) on 1 February 2013, to fast-track the development (27 June 2013)
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Ecotourism to open up Queensland national parks
The Newman Government is set to make Queensland the number one nature-based tourism destination in Australia, with another step towards making national parks more accessible to the public now underway (27 June 2013)
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Queensland drafts graffiti vandals as council cleaners
The plan to force taggers to erase either their efforts or that of their spray can rivals is the latest effort in a part of wider crackdown to rein in the cost of defacement of walls, fences and train tunnels that the Australian Institute of Criminology (AIC) conservatively estimates generates a bill of $1.5 billion a year across Australia (25 June 2013)
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Published – articles, papers, reports
Australian CleanTech Index 2013 / ACT Australian CleanTech Index
This provides the definitive measure of the performance of Australian listed cleantech stocks. Each of the sub-sectors contains companies that have both environmental and economic benefits (03 July 2013)
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National infrastructure plan June 2013: report to COAG / Infrastructure Australia
This plan identifies the reforms and priority infrastructure that Australia needs to ensure our infrastructure networks can take advantage of the opportunities ahead (released 02 July 2013)
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Independent scientific panel report on underground coal gasification pilot trials, June 2013 /Queensland Independent Scientific Panel for Underground Coal Gasification (ISP)
ISP’s key recommendations include that: The Queensland Government permit Carbon Energy and Linc Energy to continue their current pilot trials; A planning and action process be established to demonstrate successful ‘decommissioning’ of the underground cavities used as part of the UCG process; Until decommissioning can be demonstrated, no commercial UCG facility should be commenced (released July 2013)
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In practice and courts
Clean Energy regulator: Natural gas liability in relation to own use – fact sheet
Changes to the legislation came into effect on 1 July 2013 for natural gas liability in relation to own use. These changes ensure that emissions from significant end users of natural gas are covered under the carbon pricing mechanism, even when the gas is not supplied (01 July 2013)
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Draft significant impact guidelines: Coal seam gas and large coal mining developments – impacts on water resources: Consultation
Consultation on the Draft significant impact guidelines: Coal seam gas and large coal mining developments – impacts on water resources. Comments close on 25 July 2013
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Office of State Revenue: New Public Ruling for transfer duty
To implement the exemption for exploration and development expenditure occurring under a farm-in agreement, The Ruling publishes the terms of an administrative arrangement providing an exemption from transfer duty for certain transactions in the resources sector, subject to conditions, pending legislative amendment (01 July 2013)
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Queensland State Assessment and Referral Agency (SARA)
This comes into effect on 01 July 3 2013, making this department the single lodgement point for all development applications where the state has a jurisdiction under the Sustainable Planning Act 2009 (SPA) (28 June 2013)
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New and innovative ecotourism concepts for Queensland’s national parks: Expressions of Interest (EOIs)
Submissions are open for innovative, sustainable ecotourism developments in its national parks, protected areas and State lands adjacent to protected areas. (27 June 2013)
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QCA: CSG Regulatory Review
The Queensland Competition Authority will provide its final report by 31 January 2014. The Authority is consulting with all relevant government agencies and other key stakeholders. Interested parties are invited to provide submissions by 22 August 2013 (27 June 2013)
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Cases
Mackay Shopping Centre Pty Ltd v Mackay Regional Council & Other [2013] QPEC 029
Integrated Planning Act 1997 ss 3.5.6, 3.5.14(2) and 4.1.52 – Sustainable Planning Act 2009 s 350 – submitter appeal by commercial rival against approval of a new shopping centre – site zoned Higher Density Residential – planning scheme has a hierarchy of centres and disfavours commercial development outside them – whether proposal compromised achievement of DEOs for Economic Development and Amenity and Community Well-Being – whether grounds existed sufficient to overcome conflict with planning scheme – whether scheme “overtaken by events” – whether changes to vehicle access to the new centre were only “minor change” – whether “very high” impact on trading of the nearby designated centre acceptable – alleged conflict with Regional Plan
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Serafini v Gladstone Regional Council [2013] QCA 162
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – GENERALLY – where the respondent refused the applicant’s development application seeking a development permit for the reconfiguration of one large rural lot into 16 lots – where the applicant’s appeal to the Planning and Environment Court was dismissed – where the applicant submits that the primary judge erred when, in determining whether the proposal conflicted with the Scheme, he substituted other words for those of the Scheme – where the applicant contends that the primary judge erred in holding that he was not taken to any part of the respondent’s Rural Living Strategy that indicated a level of unsatisfied need or demand for the development of lots having the characteristics of the subject land – whether there was an error of law sufficient to warrant the granting of leave to appeal under s 498 of the Sustainable Planning Act 2009 (Qld)
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Hankamer & Ors v Brisbane City Council & Anor [2013] QPEC 028
Submitter appeal – Application for a Development Permit for a multi-unit dwelling and preliminary approval for building work – Low density residential area – Low Density, Character and Low-Medium Density Code – Impact assessable (generally appropriate) – whether “strict adherence” to a maximum gross floor area required – whether Subdivision Code of Brisbane City Plan 2000 applies to assessment of development application – loss of valued urban vegetation and excessive encroachment into Tree Protection Zones – Tree Protection Management Plan – whether project arborist’s report too generalised – setbacks – shadows – amenity – density – width of site frontage – noise – whether strict compliance with City Plan performance criteria required – whether sufficient grounds for approval in event of conflict with City Plan
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Clelland & Ors v Brisbane City Council & Anor [2013] QPEC 027
ENVIRONMENT AND PLANNING – SUBMITTER APPEAL – hotel development including short term accommodation – whether development conflicts with planning scheme – whether sufficient grounds exist to justify approval despite conflict – impacts on amenity – inadequacy of on-site parking
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Legislation
Commonwealth
Bills
Customs Tariff (Anti-Dumping) Amendment Bill 2013
A Bill for an Act to amend the Customs Tariff (Anti-Dumping) Act 1975, and for related purposes (Registered 02 July 2013; Introduced HR 29 May 2013)
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Renewable Fuel Bill 2013
A Bill for an Act to provide for the regulation of renewable fuel content in motor vehicle spirits, and for related purposes – sets out a regulatory regime in relation to the inclusion of cellulosic biomass ethanol and other renewable fuel in fuel supplied for use in motor vehicles in Australia ( Registered 26 June 2013; Introduced HR 24 June 2013 )
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Fair Trade (Workers’ Rights) Bill 2013
A Bill for an Act to ensure that minimum standards about workers’ rights are included in certain international agreements, and for related purposes (Registered 25 June 2013; Introduced Senate 20 June 2013)
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Act
Water Efficiency Labelling and Standards Amendment (Registration Fees) Act No 64 of 2013
An Act to amend the Water Efficiency Labelling and Standards Act 2005, and for related purposes
(Registered 08 July 2013; Date of Assent 26 June 2013)
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Water Efficiency Labelling and Standards (Registration Fees) Act No 63 of 2013
An Act to impose, as taxes, fees for applying for registration of WELS products for the purposes of the WELS scheme, and for related purposes ( Registered 08 July 2013: Date of Assent 26 June 2013)
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Protection of the Sea (Harmful Anti-fouling Systems) Act No 107 of 2006
An Act relating to the protection of the sea from the effects of harmful anti-fouling systems – ant-fouling application, certificates and declarations (Registered 04 July 2013: Start Date 01 July 2013)
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Parliamentary Service Amendment (Freedom of Information) Act No 97 of 2013
An Act to amend the Parliamentary Service Act 1999, and for related purposes
(Registered 03 July 2013; Date of Assent 28 Jun 2013)
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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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Environment Protection and Biodiversity Conservation Amendment Act No 60 of 2013
An Act to amend the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes (Registered 25 June 2013; Date of Assent 21 June 2013)
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Legislative Instruments
First Home Saver Account Providers Supervisory Levy Imposition Determination 2013
This determination relates to a levy imposed on providers of first home saver accounts by the First Home Saver Account Providers Supervisory Levy Imposition Act 2008 for the financial year 2013-14. (Registered 02 July 2013)
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Clean and Renewable Energy Legislation Amendment (Various Measures) Regulation 2013 SLI 2013 No. 144
This regulation amends the Renewable Energy (Electricity) Regulations 2001 and the Clean Energy Regulations 2011 to provide for the gradual phasing out (from 2017) of the upfront certificate allocations for eligible small-scale renewable energy systems, removes the requirement to provide out-of-pocket cost data in relation to eligible small-scale generation systems, and reduces documentation requirements for small-scale generation returns. It also makes minor technical changes to the Partial Exemption Certificate application and calculation processes. The regulation also prescribes a new emissions-intensive trade-exposed activity – dried distillers grains with solubles (Registered 02 July 2013; To be ceased 30 July 2013)
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Carbon Credits (Carbon Farming Initiative) (Reforestation and Afforestation—1.2) Methodology Determination 2013
This determination sets out detailed rules for offsets projects that sequester carbon by establishing and maintaining trees on land that has previously been used for agricultural purposes in any part of Australia ( Registered 28 June 2013)
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Carbon Credits (Carbon Farming Initiative) (Human Induced Regeneration of a Permanent Even-Aged Native Forest—1.1) Methodology Determination 2013
This determination sets out the detailed rules for implementing and monitoring offsets projects that sequester carbon by establishing permanent native forests through assisted regeneration from in situ seed sources, including rootstock and lignotubers ( Registered 27 June 2013)
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Carbon Credits (Carbon Farming Initiative) (Avoided Deforestation) Methodology Determination 2013
This determination sets out the detailed rules for implementing and monitoring offsets projects that sequester carbon by avoiding the deforestation of native forests. The avoided deforestation must have been for the purposes of permanently converting native forest to cropland or grassland. The determination applies only to native forests for which clearing consent was issued before 1 July 2010 (Registered 27 June 2013)
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Carbon Credits (Carbon Farming Initiative) (Reduction of Greenhouse Gas Emissions through Early Dry Season Savanna Burning—1.1) Methodology Determination 2013
This instrument determines an updated methodology determination setting out rules for implementing and monitoring an emissions avoidance project under the Carbon Farming Initiative to reduce greenhouse gas emissions through early dry season savanna burning (Registered 26 June 2013)
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Clean Energy (Reference Price Method) Determination 2013
This determination establishes the methodology that the Clean Energy Regulator must use to calculate the reference price for the per-tonne carbon price equivalent (Registered 26 June 2013)
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Queensland
Regulations
No 113: Proclamation commencing remaining provisions of the Sustainable Planning and Other Legislation Amendment Act (No. 2) 2012 due to commence on 01 July 2013
No 114: Sustainable Planning Amendment Regulation (No. 3) 2013 – 28 June 2013 Amends the Sustainable Planning Act 2009 – Amendment of s 11 (Applicable codes, laws and policies for development) and new fees
No115: Mutual Recognition (Queensland) Amendment Regulation (No. 1) 2013 – 28 June 2013 Approval of proposed amendments of Commonwealth Act (container deposit scheme)
No 119: Proclamation commencing certain provisions of the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 – 28 June 2013
No 122: Justice Legislation (Fees) Amendment Regulation (No. 1) 2013 – 28 June 20134 – amends all fees and charges for registrations and licences under Queensland legislation effective from 01 July 2013
No 123: Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 – 28 June 2013 Amends the Supreme Court Act – scale of costs from 01 July 2013
No 124 Public Trustee Amendment Regulation (No. 3) 2013 – 28 June 2013
No 126: Proclamation commencing certain provisions of the Land, Water and Other Legislation Amendment Act 2013 – 28 June 2013
No 127: Vegetation Management Amendment Regulation (No. 1) 2013 – 28 June 2013 Amendment of s 7 (Approval of particular vegetation management maps—Act, s 20AG) Section 7— insert—(5) ‘Vegetation management watercourse map
No 128: Housing and Public Works Legislation (Fees) Amendment Regulation (No. 1) 2013 – 28 June 2013
No 134: State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 2) 2013 – 05 July 2013 – amends the State Development and Public Works Organisation Act 1971
No 135: Proclamation commencing remaining provisions of the Body Corporate and Community Management and Other Legislation Amendment Act 2013 – 05 July 2013
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