In the media
Streamlining supports balance between industry, environment
Proposed Government changes would enable the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) to assess and approve certain petroleum activities, including exploration activities and appraisal drilling, as a streamlined way of meeting the environmental requirements of the EPBC Act (27 May 2013)
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Australia joins Open Government Partnership
The Attorney-General announces Australia will join the Open Government Partnership. The Open Government Partnership is a multilateral organisation that promotes transparency in government, encourages citizen participation and tackles corruption (22 May 2013)
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RET: Improved energy standards to help reduce household bills
The Government releases new energy efficiency standards for computers and computer monitors across Australia. From October 1, 2013, Australia will implement minimum energy performance standards (MEPS) for computers and computer monitors, as well as mandatory energy rating labels (ERL) for computer monitors (20 May 2013)
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ASIC sends warning to property spruikers
ASIC has revoked the credit licence of Money Choice Pty Ltd after an investigation found the company had failed to comply with credit laws. The Melbourne-based company’s director was banned from engaging in credit activities for eight years (16 May 2013)
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New safety rules legislation to protect offshore workers
In passing the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No.2) Bill 2013, the Senate has strengthened Australia’s offshore petroleum regulatory regime to safeguard against the destruction caused by the uncontrolled release of hydrocarbons that was seen with the Montara Wellhead Platform in August 2009 (15 May 2013)
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Landholders gain new opportunities in Carbon Market
Following changes announced in the 2013/14 Budget, the Australian Government will now formally account for cropland management, grazing land management and revegetation in the national greenhouse gas inventory (15 May 2013)
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Australia working to protect the international marine environment
Environment Minister Tony Burke said Australia has formally submitted a proposed amendment to the London Protocol for discussion at its meeting in October. The amendment seeks to put mandatory regulation in place around the practice of ocean fertilisation (16 May 2013)
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Gillard Government to implement national drought reform
The Gillard Government has announced a new $99.4 million Farm Household Allowance that will be at the core of the National Drought Program Reform. The Farm Household Allowance will be provided from 1 July 2014 to farmers in hardship to replace the Exceptional Circumstances (EC) Relief Payment and Transitional Farm Family Payment (14 May 2013)
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US private equity firm Denham invests in Australian wind power
Private equity firm Denham Capital Management has invested US$75 million in wind-power projects under development in Australia, where the Government has put policies in place to actively attract clean energy investment (15 May 2013)
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Carbon price forecasts slashed
Forecasts for the flexible carbon price have been slashed from $29 to $12.10 because of the collapse of the price in the stricken EU’s emissions trading scheme. The bigger than expected plunge in the carbon price from 2015-16, when Australia moves from a fixed carbon price to a flexible price under an emissions trading scheme (15 May 2013)
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Brisbane CBD precinct consultation commences
The government will commence an extensive consultation process to define the redevelopment of the broader government precinct, and land use would be a central consideration in the redevelopment. Consultation will take place from now until September (22 May 2013)
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Queensland landholders receive vegetation management reform
New amendments with the Vegetation Management Framework Amendment Bill 2013 will allow sustainable vegetation management activities supporting development of high value agriculture in appropriate areas with suitable land and sufficient water, with the State Government monitoring land clearing practices (21 May 2013)
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Jail for property developer
After previous run-ins with the Building Services Authority and ASIC, a Sunshine Coast property developer has now been jailed for 12 months for an offence under the Bankruptcy Act (17 May 2013)
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Dempsey probes illegal backpacker accommodation
Bundaberg MP Jack Dempsey says he will meet the council to look at ways to further crack down on illegal backpacker operators. The Queensland Fire and Rescue Service says it has received recent reports of houses not complying with fire safety standards and being rented to large groups of backpackers (16 May 2013)
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Proposed Priority Development Area for Redlands
Cleveland’s Toondah Harbour is set to be transformed into an economic development hub with the declaration of a proposed priority development area (PDA), opening up a number of mixed use residential, tourism and retail opportunities (16 May 2013)
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New strategic plan for Queensland’s small businesses
Small business in Queensland will find it easier to operate and capitalise on jobs and growth opportunities, after the Newman Government released a strategic plan which will build on the Government’s Blueprint for Queensland small business (16 May 21013)
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Published – articles, papers, reports
Environmental and Energy Use Management: Australia 2011-12 /Energy, Water and Environment Survey (EWES)
The product contains data on energy and water management activities, as well as expenditure and quantity data for purchases and generation of renewable and non-renewable fuels (released 17 May 2013)
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Queensland small business strategy and action plan 2013-2015 / Queensland Government
The Queensland small business strategy and action plan 2013-2015 outlines the Queensland Government’s policy directions and actions to help small businesses grow and prosper (released 16 May 2013)
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In practice and courts
Tax information for property transactions 2013 website
To make it easier for you to understand your property related tax obligations and entitlements, the ATO webpage contains links to tools, forms and outlines information on property topics including: Income Tax; Capital Gains Tax; Goods and Services Tax; Residential rental properties; Property used in running a business; Property development; Building and renovating.
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Updated application form to apply for an obligation transfer number (OTN)
From 1 July 2013 an OTN can be quoted for supplies of LPG or LNG under the carbon pricing mechanism, in addition to natural gas supply. A new and expanded OTN application form is now available to accommodate the expansion of the OTN mechanism to include LPG and LNG for non-transport use. The updated application form is available on the forms and calculators page (27 May 2013)
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Clean Energy Funding 2013-14: Landholders opportunities in carbon market
Farmers and rural landholders will benefit from greater access to Australia’s carbon markets, following changes to land sector emissions reported under the Kyoto Protocol to include cropland management, grazing land management and revegetation in our national greenhouse gas inventory. Attached is a fact sheet [PDF 155KB] outlining expanded land activities.(15 May 2013)
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GBCA: Green Star rating tool for public buildings
After a two-year pilot period and extensive industry consultation, the Green Building Council of Australia (GBCA) has released the Green Star – Public Building v1 rating tool. A Green Star – Public Building rating provides independent verification that what is being designed and constructed is an efficient, sustainable and future-proofed asset (14 May 2013)
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Current National Consultations
Reef Rescue: Systems Repair & Urban Grants Applications close 29 May 2013
Regulation of Water Market intermediaries
Draft COAG regulation impact statement for consultation – submissions close Friday 7 June 2013
Management of chemical environmental risks
Consultation regulation impact statement – submissions close 28 June 2013
Reducing emissions from wood heaters
Consultation regulation impact statement – submissions close Monday 15 July 2013
Announcements, Draft Policies and Plans released 2013
Vegetation Management Framework Amendment Act 2013: Key reforms
The act introduces new clearing purposes under the Act for high-value agriculture and environmental works (such as land rehabilitation) and simplified statewide vegetation maps to clearly define areas where regulations will apply. The guide to sentencing under the existing Vegetation Management Act to ensure more consistent and equitable penalties in cases of inappropriate clearing has been removed(23 May 2013)
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Cases
Meridien AB Pty Ltd & Anor v Jackson & Ors [2013] QCA 121
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – WORDS TO BE GIVEN LITERAL AND GRAMMATICAL MEANING – PARTICULAR CASES – where, at relevant times, s 27 of the Land Sales Act 1984 (Qld) allowed a purchaser to avoid a contract for the sale of land if the vendor had not given it a registrable instrument of transfer within three and a half years – where the primary judge held the language of s 27 to be “clear and unambiguous” and refused to read an exception into the section – where the primary judge derived support for his construction from the Explanatory Notes to the amending Act – where the appellants submit that a purchaser who wrongly refuses to attend settlement and receive a registrable instrument of transfer does not obtain a right to avoid a contract – where the appellants place particular reliance on the principle of statutory interpretation that courts will resist an interpretation that will permit a person to take advantage of their own wrong – whether, on the proper construction of s 27, a purchaser who wrongfully refuses to attend settlement and receive a registrable instrument of transfer obtains a right to avoid the contract
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Anglo Coal (Callide) Pty Ltd v Chief Executive, Department of Environment and Heritage Protection [2013] QLC 20
Practice and Procedure ― Stay application ― Duration of Stay ― whether any appeal period should be included ― no material against making broad stay order ― s.522 Environmental Protection Act 1984
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Hungry Viking Pty Ltd v Hinchinbrook Shire Council [2013] QCAT 157
Misrepresentation, failure to deliver premises at commencement of lease
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Ostwald & Anor v Leadley & Anor [2013] QCAT 150
Real Estate Agent failed to refund deposit on request after contract did not proceed – trust account cheque issued which was dishonoured – financial loss suffered by claimants – executive officer of corporation jointly and severally liable to reimburse to claim fund.
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Robertson & Anor v Airstrike Industrial Pty Ltd [2013] QCAT 149
PROPERTY AGENTS -CLAIM AGAINST THE CLAIM FUND – FINAL ORDER – COSTS
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Gallagher Bassett Services Pty Ltd v Insurserv Australia Pty Ltd [2013] QCAT 140
Commercial agent – trust funds stolen, misappropriated or misapplied – client suffered financial loss – director liable.
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Cases to 21 May 2013
Gekko Developments Pty Ltd v Centa Company Pty Ltd [2013] QSC 126
PROCEDURE – COSTS – SECURITY FOR COSTS – where defendant applies for security for costs – where plaintiff unable to provide security – where creditors of the plaintiff unwilling to provide security – whether order requiring plaintiff to provide security for costs should be made having regard to the discretionary factors in r 672 UCPR – whether creditors could be reasonably expected to provide security.
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Legislation
National Environment Protection (Assessment of Site Contamination) Amendment Measure 2013 (No. 1)
This instrument updates the National Environment Protection (Assessment of Site Contamination) Measure 1999 following a statutory review of the instrument (15 May 2013)
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Australian Jobs Bill 2013
Industry Minister Greg Combet second reading speech introducing the legislation on 15 May 2013
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Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill 2013
Representatives 14/5/2013 Bill referred to Federation Chamber; Senate 16/5/2013 Third reading agreed to.
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Environment Protection and Biodiversity Conservation Amendment Bill 2013
Senate 14/5/2013 Standing Committee report tabled, report to be published; Senate 16/5/2013 Second reading debate
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Queensland
Acts
No 24 Vegetation Management Framework Amendment Act 2013 – 23-05-2013
Bills
Agriculture and Forestry Legislation Amendment Bill 2013 – 21-05-2013
Classification of Publications (Billboard Advertising) and Other Legislation Amendment Bill 2013* – 23-05-2013
Nature Conservation (Protected Plants) and Other Legislation Amendment Bill 2013 – 21-05-2013
Land, Water and Other Legislation Amendment Bill 2013 – 14-05-2013
Bills Progress
Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Bill 2013
Introduced 19/03/2013 Stage reached: Report from Committee on 14/05/2013 Exp Note
Vegetation Management Framework Amendment Bill 2013
Introduced on 20/03/2013 Stage reached: Report from Committee on 14/05/2013
Regulations
No 67: Proclamation commencing remaining provisions of the Electronic Conveyancing National Law (Queensland) Act 2013 – 17 May 2013
No 68: River Improvement Trust Amendment Regulation (No. 1) 2013 – 17 May 2013
Amends the River Improvement Trust Act 1940
No 70: Nature Conservation (Protected Areas) Amendment Regulation (No. 1) 2013 – 24-05-2013
Amends the Nature Conservation (Protected Areas) Regulation 1994 Expiry25/05/2013 Automatic repeal – see AIA s 22C
No 71: Water Amendment Regulation (No. 2) 2013
Amends the Water Regulation 2002 Expiry 25/05/2013 Automatic repeal – see AIA s 22C. This regulation amends the Water Regulation 2002.
Current reprints
Aboriginal Land Act 1991 14 May 2013
Land Title Act 1994 17 May 2013
Mixed Use Development Act 1993 17 May 2013
Plant Protection Regulation 2002 17 May 2013
Retail Shop Leases Act 1994 17 May 2013
River Improvement Trust Regulation 1998 17 May 2013
Water Act 2000 14 May 2013
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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