In the media – National
City Deals must build economic capacity says Property
Council
City Deals must be 'real deals' that prioritise jobs and
economic growth according to a new discussion paper released today
by the Property Council. It's a policy that signs all levels of
government to a performance focused plan that delivers
infrastructure, productivity improvements and a stronger local
economy founded on jobs (23 November 2016).
More...
World Heritage Centre update on Great Barrier Reef
protection
The Australian and Queensland Governments will next month update
the World Heritage Centre on the significant progress being made
through joint measures to protect and improve the Great Barrier
Reef. Providing a status update to the World Heritage Committee is
required as part of its decision not to list the Reef as "in
danger" in June 2015 (25 November 2016).
More...
New energy efficiency report a 'must read' for
government, owners and tenants of mid-tier buildings
Real-world examples of energy efficiency in action provide a
compelling narrative for owners and tenants of older buildings and
'must read' material for government ministers, says the
GBCA (16 November 2016).
More...
Record renewables now in the grid
Renewable energy supplied 21.7 per cent of grid energy in October,
the highest figure since complete National Electricity Market data
became available, according to the latest pitt&sherry CEDEX
report (14 November 2016).
More...
Additional watering priorities for 2016-17:
Murray-Darling Basin Authority
The MDBA has updated the annual environmental watering priorities
for 2016-17 following wet conditions across the basin. When the
priorities were announced in July they anticipated dry to moderate
conditions across the system (15 November 2016).
More...
BCA report on major project approvals is a vital
contribution to the infrastructure debate
A new report by the Business Council of Australia into streamlining
major project approvals is a vital reminder to policy makers about
the costs of unnecessary delays on major projects across Australia
and the need to develop best-practice to get job creating projects
moving (25 November 2016).
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Review of the first five years of Australia's
Biodiversity Conservation Strategy
On 25 November 2016, environment Ministers endorsed the report on
the review and agreed to revise the Strategy based on the
review's findings (25 November 2016).
More...
Meeting of Environment Ministers agreed
statement
Commonwealth, state and territory Environment Ministers met today
in Sydney to advance the protection of species and habitats,
improve the environment for human health, and discuss climate
change (25 November 2016). More...
PCA: Urban rail focus of national infrastructure
statement is welcome development
The decision of the Turnbull Government to embrace urban rail as a
national infrastructure priority is a welcome expansion of the
Government's Infrastructure agenda. The concept of dedicated
rail plans for our five biggest cities represents a big leap
forward (24 November 2016).
More...
Delivering strong environmental outcomes through better
practice regulation
The Department continues to improve its work practices and
performance to deliver strong environmental outcomes through better
practice regulation. The Departmental Response to the Regulatory
Maturity Final Report details a commitment to improvement and the
approach being taken (21 November 2016).
More...
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Positive steps towards carbon positive
While this year's meeting is more subdued than previous years,
it's because the Paris Agreement came into full force on 4
November. COP21 was focused on garnering global support. COP22 is
all about implementation (16 November 2016).
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In the media – Victoria
A New Conservation Reserve for South
Gippsland
The first parcel of land for a new conservation reserve will be
handed back to the public more than ten years ahead of schedule. An
in-principle agreement had been reached for the early hand-back of
about 1,200 hectares of leased land in the Cores and Links area of
the Strzelecki Ranges (22 November 2016).
More...
Banning Fracking for Good
The Andrews Labor Government has introduced legislation to
permanently ban fracking in Victoria, protecting our agricultural
sector and giving certainty to regional communities. The
Resources Legislation Amendment (Fracking Ban) Bill 2016
amends the Petroleum Act 1998 and the Mineral
Resources (Sustainable Development) Act 1990 to implement the
Government's decision (22 November 2016). More...
Lancefield Road and Sunbury South
Precincts
The Victorian Government has released two major plans for new
housing, public transport and community infrastructure for the
Lancefield Road and Sunbury South precincts, for public comment to
guide development around Sunbury for the next 30 years (22 November
2016).
More...
Council Plan Changes Puts Residents First
The Andrews Labor Government has unveiled its first major decision
as part of the reform of the Local Government Act requiring all
councils by law to develop four year plans with their communities.
The change will give residents more say in their council's
priorities, services and budgets (17 November 2016).
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In the media – New South Wales
Compliance blitz hits Parramatta River building sites
with over $127,000 in fines
Over 50 per cent of sites inspected during a month-long compliance
blitz were not managing their environmental controls adequately
leading to fines totalling more than $127,000 for developers along
the Parramatta River (24 November 2016).
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184,300 homes over five years with new
infrastructure
A strong NSW economy and new public transport links have opened the
way for an expected 184,300 new dwellings over the next five years
– easily surpassing previous records (21 November 2016).
More...
Detailed plan for Sydney's future
unveiled
An ambitious 40-year vision for Sydney that aims to change the
structure of the city is unveiled by the overarching planning body,
the Greater Sydney Commission (21 November 2016).
More...
Koalas to be better protected under improved policy to
conserve habitat
One of Australia's most iconic native animals, the koala, will
be better protected under an improved policy proposed by the NSW
Government that will conserve their natural habitat (18 November
2016).
More...
Sydney Metro West: A new railway, more trains for
Western Sydney
A new underground metro railway for Western Sydney will be the
State's next major public transport project – securing
the long-term future of the region and of Australia's global
city (14 November 2016).
More...
In the media – Queensland
Queenslanders to have say on climate change
directions
Regional Queenslanders as well as those living in the state's
capital can have their say on how climate change is affecting their
communities through a series of Palaszczuk Government workshops (25
November 2016).
More...
Environment Minister welcomes national summit to discuss
giving States and Territories greater powers to deal with
Commonwealth contamination
Environment Minister Dr Steven Miles has applauded a Commonwealth
decision to address environmental and health concerns about Federal
laws dealing with contamination on land currently or previously
owned by the Australian Government (25 November 2016).
More...
Herston Quarter declared a priority development
area
The $1.1 billion Herston Quarter Redevelopment project has today
been declared a Priority Development Area (PDA) —
fast-tracking investment and job creation on the important
inner-city site (18 November 2016).
More...
Queensland Resources Council boss criticises state
government funding of EDOs
The Queensland government has been criticised for funding the
Environmental Defenders Office, which helps people fight big miners
and developers (16 November 2016).
More...
Investigation continues into Fraser Island oil
spill
An initial analysis of oil samples collected during the Fraser
Island oil spill clean-up has confirmed the oil is the same type as
that used by large trading ships (15 November 2016).
More...
Guideline for new Chain of Responsibility laws one step
closer
A draft statutory guideline to complement the Environmental
Protection (Chain of Responsibility) Amendment Act 2016 has
been released for public comment (14 November 2016).
More...
Linc Energy fights Queensland environment
order
The liquidators for Linc Energy have launched a legal challenge to
the Queensland government's environmental protection order on
its operation near Chinchilla, claiming liquidated companies should
not need to comply (15 November 2016).
More...
In practice and courts – National
Call for comment on changes to the CFI rule and new savanna
burning methods
The Department of the Environment and Energy has opened a
consultation on proposed changes to the
Carbon Credits (Carbon Farming Initiative) Amendment Rule 2016
(No. 1) and its
Explanatory Statement. Among the proposed changes, all
sequestration projects will report on how they intend to maintain
sequestration in the permanence period, savanna burning project
owners may be eligible to transfer their project between related
methods (18 November 2016).
GBCA: new Green Star certification
process
The GBCA is introducing a new streamlined process for the
registration of applications for Green Star certification
effective 1 December 2016, and freshened up the Green Star
Certification Agreement. Clauses and processes have been
clarified, particularly, the appointment of Applicant Agents and
Change of Ownership process and Limitation of Trustee Liability
clause. The Agreement remains substantially the same (16 November
2016).
In practice and courts – Victoria
Metropolitan Planning Levy (MPL)
Planning Practice Note
PPN82 released in May 2016 clarifies that only works requiring
a planning permit should be included in the estimated cost of
development. The
State Revenue Office will only consider a refund request for
overpayment of MPL that occurred in the period prior to PPN82 (24
November 2016).
In practice and courts – New South Wales
NSW Native Vegetation legislation
Legislation is now before the NSW Parliament to repeal the
Native Vegetation Act 2003 and replace it with a fair,
evidence-based and modern system that will improve biodiversity and
agricultural productivity in NSW. If passed, the
Biodiversity Conservation Bill 2016 and Local Land
Services Amendment Bill 2016 will commence in 2017. The
reform package implements the 43 recommendations of the
Independent Biodiversity Legislation Review.
Climate Change Policy Framework
The NSW Government has released a new NSW Climate Change Policy
Framework. The policy provides important context for the
government's approach to climate change. Submissions close 16
December 2016.
More...
In practice and courts – Queensland
Updated State Planning Policy: public
consultation
An updated State Planning Policy (SPP) is open for public
consultation from 21 November 2016 to 10 February 2017 to commence
alongside the new planning legislation on 3 July 2017. Submissions
close 10 February 2017 (24 November 2016).
More... More...
Comment on the Development Assessment
Rules
The Development Assessment Rules are now open for comment
until 19 December. These
Rules, provide for key provisions around how the community is
informed of development applications, and the process for how
development applications are assessed. See draft DA rules, overview
documents, and associated information
here.
Draft SEQ Regional Plan released
The Queensland Government has released their
draft revision of the South East Queensland Regional Plan
(SEQRP), which will include a 25 year statutory plan, and a 50 year
vision. Five background papers accompany the plan, which provide
further information on the data used and assumptions made in the
draft's development.
Public consultation on the draft plan will run until 3 March
2017.
Draft City West Neighbourhood Plan
Brisbane City Council has released a
draft City West Neighbourhood Plan for public comment following
consultation on a renewal strategy in 2015 and review from the
State Government. The draft City West Neighbourhood Plan contains a
focus on protecting the area's heritage and character
(including adding 9 sites to the pre-1911 building overlay).
Cases – Victoria
Capital Alliance Investment Group Pty Ltd v Minister for
Planning [2016] VCAT 1940
Proposal to amend development plan; Proposed high rise building;
Expansive relevant planning controls, policies and approved
development plans; Various versions of amended development plan;
Criticism of a site specific development plan; Character of the
area and broader precinct; Overshadowing including winter shadow to
public open space.
Cases – Queensland
Land
Services of Coast and Country Inc v Chief Executive, Department of
Environment and Heritage Protection & Anor [2016] QSC
272
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS FOR
REVIEW – ERROR OF LAW – where a delegate of the first
respondent made a decision to grant an environmental authority to
the second respondent pursuant to s 194(2)(ii) of the
Environmental Protection Act 1994 (Qld) ("EPA")
– where the applicant submits that ss 3 and 5 of the EPA,
taken together, obliges the delegate to be positively satisfied
that in making a decision under s 194(2)(ii) of the EPA, the
delegate is exercising her power in a way that best achieves the
object of the EPA – whether the legislative scheme of the EPA
is consistent with the applicant's proposed construction
– whether delegate's decision involved an error of
law.
Platinum
Design Architects v Brisbane City Council [2016] QPEC
058
PLANNING AND ENVIRONMENT – APPEAL – where the
respondent Council refused a development application seeking a
development permit for a multi-unit dwelling – conflict
– number of storeys – grounds – whether
sufficient grounds to justify an approval despite conflict.
Kissane
& Ors v Brisbane City Council [2016] QPEC
057
PLANNING AND ENVIRONMENT – APPEAL – appeal against a
development application seeking development permits for multi-unit
dwellings – conflict with planning scheme –
unacceptable bushfire risks – amenity and character impacts
– Grounds – whether sufficient grounds to justify an
approval despite conflict.
Harburg
Nominees Pty Ltd v Brisbane City Council & Anor [2016]
QPEC 056
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING –
DEVELOPMENT CONTROL – CONSENTS, APPROVALS, PERMITS AND
AGREEMENTS – CONDITIONS – RELEVANCE AND REASONABLENESS
– GENERALLY – where Appellant made a development
application for a development permit for a material change of use
for medium impact industry – where development application
approved subject to conditions – where conditions required
road works on a state controlled road to be completed –
whether the conditions imposed satisfy section 345 of the
Sustainable Planning Act 2009 (Qld).
Legislation – Commonwealth
Renew Australia Bill 2016
Registered 21 November 2016; Introduced HR 21 November 2016.
The Bill establishes Renew Australia, an authority to plan and
drive the transition to a new clean energy system. The objects of
the Bill are to help reduce Australia's greenhouse gas
pollution by transforming Australia's electricity system.
High Speed Rail Planning Authority Bill
2016
Registered 21 November 2016; Introduced HR 21 November 2016.
The Bill establishes an Authority to continue work towards
establishing high speed rail on the east coast of Australia. The
objects of the Bill are to establish an Authority to advise on,
plan and develop high speed rail (HSR) and to ensure the HSR
corridor is preserved.
Legislation – New South Wales
Bills passed by both Houses of Parliament – 18 November 2016
Biodiversity Conservation Bill 2016
Proclamations commencing Acts
Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 No 57 (2016-675) — published LW 17 November 2016.
Bills assented to
Biodiversity Conservation Act 2016 No 63 — Assented to 23 November 2016.
Land Acquisition (Just Terms Compensation) Amendment Act 2016 No 59 — Assented to 14 November 2016.
For the full text of Bills, and details on the passage of Bills, see here.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
