What's News - 7 March 2012
PDF FormatLatest news – National
National Airports Safeguarding Framework
The draft Framework is being developed with the aim of improving
community amenity by minimising aircraft noise-sensitive developments
near airports and improving safety outcomes by ensuring aviation
requirements are recognised in land use planning decisions (22 February
2012) More...
Manage globe better for sustainability
The President's summary reflected the views of ministers and
delegates responsible for the environment on the issue of International
Environmental Governance (IEG) as part of the broader challenge of
reforming the Institutional Framework for Sustainable Development (23
February 2012) More...
Targeted Water Purchase Initiative in Southern Murray-Darling Basin
A new, strategic water purchase initiative will be conducted by the
Gillard Government in the southern connected system of the Murray
Darling Basin from 27 February, 2012. This new initiative will involve
seeking expressions of interest for water purchase in the southern
connected system focusing on acquiring entitlements held outside of
shared irrigation delivery networks, and some strategic purchases from
within irrigation networks (23 February 2012) More...
Aluminium industry claims energy target worse than tax
The aluminium industry will ask the federal government for greater
relief from its renewable energy laws, warning that over the next few
years the laws will have a greater impact than the carbon tax on
smelters confronting falling metal prices and a surging dollar (22
February 2012) More...
Solar Flagships: Government Monitoring Actions of Retailers
As four consortia prepare to lodge their updated bids for the
re-opened solar PV part of the struggling Solar Flagships program, the
Department of Energy has revealed that it is keeping a watching brief on
the behaviour of the big three energy retailers (20 February 2012) More...
Flood engineers claim major cities at risk of flooding
Flood engineers say the huge floods that devastated Brisbane last
year could also happen on a similar scale in Melbourne, Perth, Adelaide,
the Gold Coast and Newcastle. They argue that with Australia's three
levels of government, flood planning around the country is patchy at
best, allowing for houses to be built where they should not (17 February
2012) More...
Manufacturing to benefit with Clean Technology Investment Programs Funding
The Gillard Government has launched $1 billion in funding for
manufacturers to improve energy efficiency and reduce pollution. The
Clean Technology Investment Programs will provide grants to help
manufacturers buy new plant and equipment which cuts their energy costs
or reduces carbon pollution (16 February 2012) More...
Review indicates Australia's Mineral Exploration Vibrant
The Australian Mineral Exploration Review 2011 compiled by
Geoscience Australia confirms spending on mineral exploration in
Australia continues at high levels with almost $3 billion invested
during 2010/11 (17 February 2012) More...
Latest news – Victoria
$2.19 million for Wangaratta wastewater project
The Victorian Coalition Government today announced support for a
substantial investment by Bruck Textiles in an innovative wastewater
management system at the company's textile plant in Wangaratta (24
February 2012) $2.19 million for Wangaratta wastewater project
Reliable water supply from East Loddon Pipeline
Water Minister Peter Walsh today launched a pipeline providing
reliable water supply for 105 land owners and 65 rural houses covering
an area the size of 37,000 hectares (24 February 2012) Reliable water supply from East Loddon Pipeline
Recycling plant to improve Victorian surf coast water security
Construction has commenced on the $42 million Black Rock Recycled
Water Plant, which will significantly improve the Victorian surf coast
growth corridor long-term water security. Parliamentary Secretary for
Sustainability and Urban Water said the new infrastructure would recycle
and treat water that would otherwise be discharged into Bass Strait (23
February 2012) More...
$2.2m in new funding Mildura airport redevelopment
The multi-million dollar terminal upgrade at Mildura Airport will
now proceed following the announcement of an additional $2.2 million in
funding from the Victorian Coalition Government additional money for the
Mildura Airport redevelopment was from the Coalition Government's
Regional Growth Fund (23 February 2012) Ryan announces $2.2m in new funding Mildura airport redevelopment
Talks underway to ban outdoor smoking
The State Government says it will consult widely before considering a
state-wide ban on smoking in outdoor areas. Several local councils are
considering a ban on smoking in outdoor dining areas and the Municipal
Association (MAV) is calling for a state-wide ban (21 February 2012) More...
Wind farm rules may lead to higher power prices
The new rules give owners the power to veto turbines within two
kilometres of their homes, with an economist warning the Victorian
Government's restrictive wind farm planning guidelines could increase
electricity bills by up to $2 billion over the next decade (17 February
2012) More...
Retail lease disputes : the Victorian Small Business Commissioner
The body charged with mediating disputes on retail leases in
Victoria says "financial tightness" among landlords and tenants is
likely driving a surge in conflicts. The state's Small Business
Commissioner Geoff Browne says the number of complaints about retail
leasing conflicts soared to 611 in the six months to December last year,
from 501 the previous corresponding period (16 February 2012) More...
Record planning permit activity in Victoria
Planning and development activity continues to boost Victoria's
economy with a record number of permit decisions valued at $23.2 billion
in 2010-11, representing an increase of 29.4 per cent on the previous
year (17 February 2012) Record planning permit activity in Victoria
Government secures power supply for Melbourne’s inner-east and CBD
The Victorian Coalition Government has acted to ensure the security
of electricity supply to the inner-east and Melbourne Central Business
District (CBD) by approving the upgrade of the Brunswick Terminal
Station (15 February 2012) Coalition Government secures power supply for Melbourne’s inner-east and CBD
$1 million VCAT blitz to reduce planning delays
The Victorian Coalition Government has committed $1 million to
tackle the backlog of planning cases before the Victorian Civil and
Administrative Tribunal (VCAT) (15 February 2012) $1 million VCAT blitz to reduce planning delays
State call for board, council and committee members
The Planning Minister has announced various board and statutory
positions with the Heritage Council of Victoria, Growth Areas Authority
and the building and plumbing industry (15 February 2012) Call for board, council and committee members
Latest news – New South Wales
Green facelift for Surrey Hills, Redfern
The City of Sydney will give three major streets in the heart of
Surry Hills and East Redfern a new lease of life following a clean,
green makeover (23 February 2012) More...
New chair appointed for NSW mine safety council
The NSW Mine Safety Advisory Council (MSAC) has appointed John Hannaford as its new chairman (23 February 2012) More...
NSW Government must commit to a plan for Sydney’s growth urgently
The NSW Government must commit to a plan for Sydney’s growth urgently, according to the Urban Taskforce (16 February 2012) More...
Latest news – Queensland
Targeted Water Purchase Initiative in Southern Murray-Darling Basin
A new, strategic water purchase initiative will be conducted by the
Gillard Government in the southern connected system of the Murray
Darling Basin from 27 February, 2012. This new initiative will involve
seeking expressions of interest for water purchase in the southern
connected system focusing on acquiring entitlements held outside of
shared irrigation delivery networks, and some strategic purchases from
within irrigation networks (23 February 2012) More...
Flood engineers claim major cities at risk of flooding
Flood engineers say the huge floods that devastated Brisbane last
year could also happen on a similar scale in Melbourne, Perth, Adelaide,
the Gold Coast and Newcastle. They argue that with Australia's three
levels of government, flood planning around the country is patchy at
best, allowing for houses to be built where they should not (17 February
2012) More...
Office markets outside the capital city CBDs reviewed
Southeast Queensland in particular benefits from two drivers, with
Brisbane being the Queensland headquarters for many resource companies
(and the hub for many of the teams working on large infrastructure and
mining projects) and Queensland's population growth, is showing signs of
resurgence after a few soft years (18 February 2012) More...
New measures to protect Queensland water quality
New measures to monitor the health of Queensland's waterways have
been put in place in the wake of severe flooding throughout the state
according to the Queensland Government. The Fitzroy Partnership for
River Health was a new way for governments, industry, community and
research organisations to share information about the health of
waterways and improve water quality in the region (17 February 2012) More...
Queensland Renewable Energy Plan 2012 released
The state government has released the Queensland Renewable Energy
Plan (QREP) 2012, which aims to boost the state in terms of renewable
energy investment, projects and industry growth. The plan's agenda is
to speed up project deployment of renewable energy infrastructure; to
promote ‘smart industry’, jobs and investment through regulatory reform,
innovation, industry and skills development and renewable energy zones;
and developing partnerships for technology research (14 February 2012) More...
Anna Bligh unveils South Bank 2 expansion blueprint
Queensland Premier Anna Bligh announces plans to extend South Bank
over a 15 to 20-year period, with South Bank 2", a new 27ha parkland on
the bend of the Brisbane river that adjoins the existing cultural
precinct. The Premier says that the Government expects existing industry
in the area to relocate to more suitable sites (13 February 2012) More...
Articles – National
CSG economic modelling: on the alleged benefits of the Santos coal seam gas project in North West NSW
Author: David Richardson,The Australia Institute
The alleged benefits to NSW communities from Santos’ plans to develop
coal seam gas reserves in the north west of the state should be
questioned in the light of inconsistencies and flaws in the economic
modelling used to support the project, argues this paper (14 February
2012) More...
Resident third party objections and appeals against planning applications: implications for higher density and social housing
Author: Nicole Cook, and others; Australian Housing and Urban Research Institute
This positioning paper examines two models of public engagement in planning approval processes to see how they impact on housing supply, resident perceptions, and realisation of planning goals (16 February 2012) No. 145: Resident third party objections and appeals against planning applications: implications for higher density and social housing
Articles – Victoria
Planning Permit Activity in Victoria 20010/11
Author: Municipal Association of Victoria and the Department of Planning and Community Development
The report provides a formal point-in-time status of permit activity in
Victoria. The data is used in important reviews undertaken by
government, including the Planning and Environment Act review, housing
analysis and strategic planning programs (February 2012) More...
Fourth annual review: the health of Port Phillip Bay
Author: Office of the Environmental Monitor (OEM)
annual report compiled using information from Victorian
Government agencies, including The Department of Sustainability and
Environment (DSE); The Department of Primary Industries; The Environment
Protection Agency. Reporting period: 1 January to 31 December 2011
(February 2012) More...
Practice notes/directions – National
National Airports Safeguarding Framework
The draft National Airports Safeguarding Framework has been released
for public comment to guide land use planning reform around Australian
airports. Comments close on 15 March 2012 (22 February 2012) More...
NABERS assessor training series opens for registrations
The 2012 NABERS training series for people to become accredited
assessors or simply better understand how the NABERS rating tools work
are now open for registration. Visit www.nabers.com.auor email
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
to register for any of these courses
National energy efficiency programs
A package of energy efficiency programs designed to make it easier
for all Australians to access assistance and support in the transition
to a low carbon future. The programs announced include the: Community Energy Efficiency Program ; Low Income Energy Efficiency Program and Energy Efficiency Information Grants program (16 February 2012)
Commonwealth Public Submissions open for comment
Submissions close 16 March 2012 Hosted by the Department of Resources, Energy and Tourism
Reforming flood insurance: a proposal to improve availability and transparency - consultation paper
Submissions close 30 March 2012 Hosted by the Treasury
Practice notes/directions – New South Wales
New exit fee calculations for retirement village contracts to start 1 March 2012
For all retirement village contracts entered on or after 1 March
2012, the exit fee will be calculated daily. The new laws will also
apply to existing retirement village contracts that do not specify
another basis for calculation. A new Retirement Villages Form 1 will
apply from 1 March 2012, available online together with more information regarding the new laws More...
Practice notes/directions – Queensland
Notice of Adoption of Amendments to the Brisbane City Plan 2000
Pursuant to Stage 3 of Part 2 of the Statutory Guideline 01/12 - Deagon
Racecourse in the Heritage Register
Council adopted amendments to the Brisbane City Plan 2000 to include
the Deagon Racecourse in the Heritage Register Planning Scheme Policy
as the Deagon Racecourse has been identified as having cultural heritage
value, but is not listed in the Planning Scheme Policy
The amendments can be viewed online at: More...
Legislation – Victoria
Commonwealth
Environment Protection and Biodiversity Conservation
Act 1999 - Instrument to remove a Commonwealth Heritage place and its
Commonwealth heritage values from the Commonwealth Heritage List
(07/02/2012)
This instrument removes a Commonwealth Heritage place and its values
(as identified) from the Commonwealth Heritage List. Administered by:
Sustainability, Environment, Water, Population and Communities (16
February 2012) More...
Environment and heritage legislation amendment act (no. 1) 2006
Act No. 165, 2006 Commencement: 19/2/2012 (Part)
Cases – Victoria
Mercieca & Anor v SPI Electricity Pty Ltd & Ors (No 3) [2012] VSC 6
PRACTICE AND PROCEDURE – adjournment of trial – delay in compliance
with trial preparation directions - whether prejudice to plaintiffs –
application turns on discretionary considerations - Civil Procedure Act
2010 (Vic) ss 8, 9 – Supreme Court (General Civil Procedure) Rules 2005
(Vic) r 49.03. These two proceedings arise out of the Beechworth fire
on black Saturday More...
Mills Oakley Lawyers Pty Ltd v Huon Property Holdings Pty Ltd & Ors [2012] VSC 39
PROFESSIONAL NEGLIGENCE – Solicitor – Commercial transaction –
Failure by solicitors to warn client of material risks inherent in
structure of transaction – Failure exposed client to proceedings by
third party and consequent damage – Failure caused client to lose
opportunity to re-structure the transaction to avoid third party
proceeding and consequent loss – Whether lost opportunity had some value
– Held: opportunity of negligible value only – Nominal damages awarded More...
Elite Homes Construction Pty Ltd v Melton SC [2012] VCAT 154
Does the floor area of the dwellings in permit application No.
PA2010/2567/1 comply with the requirement of a restrictive covenant
registered on title to the subject land (Instrument No. AB881861W, 17
February 2003) – minimum floor area More...
Sharp v Glen Eira CC [2012] VCAT 147
Section 77 of the Planning & Environment Act 1987; Glen Eira
Planning Scheme; Special Building Overlay; Housing diversity area; mixed
use development; streetscape presentation; building bulk; car parking –
no permit More...
Turner v Baw Baw SC [2012] VCAT 141
Section 81(1)(a) of the Planning & Environment Act 1987; Baw Baw
Planning Scheme; Business 1 Zone; Heritage Overlay; Development
Contributions Plan Overlay Schedule 1; Permit to use and develop a
supermarket, specialty shops, restricted retail and offices; Application
of Kantor principles More...
Simpson v Ballarat CC (includes Summary) (Red Dot) [2012] VCAT 133
Definition of potable water supply catchment within the Guidelines:
Planning permit applications in open, potable water supply catchment
areas (May 2009)
POLICY – interpretation or application of policy
Guidelines: Planning permit applications in open, potable water supply
catchment areas (May 2009 – interpretation of Ministerial Guidelines –
principles of interpretation that apply More...
Nates Adams & Associates Pty Ltd v Bayside CC [2012] VCAT 129
Section 77 of the Planning & Environment Act 1987; Bayside
Planning Scheme; Residential 1 zone; clause 55; two double storey
dwellings; neighbourhood character; impact on amenity; visual bulk;
overlooking More...
Hodgson & Ors v Casey CC [2012] VCAT 176
Application under Section 82 of the Planning and Environment Act
1987 (the Act) to review a decision to grant a permit. Residential 1
Zone. Clause 56 Residential Subdivision. Subdivision (3 lots). State and
Local Planning Policy Framework. Zone Purposes. Neighbourhood
character. Back yard amenity Car parking, Traffic More...
D'Rozario v Greater Dandenong CC [2012] VCAT 173
Section 77 of the Planning & Environment Act 1987; Greater
Dandenong Planning Scheme; Cultural Heritage Management Plan,
Significant Ground Disturbance, Aboriginal Heritage Regulations 2007,
Aboriginal Heritage Act 2006 More...
Connect Management Pty Ltd v Boroondara CC [2012] VCAT 175
Section 77 of the Planning & Environment Act 1987; Boroondara
Planning Scheme; Business 2 zone and Residential 1 zone; Environmental
Audit Overlay; Guidelines for Higher Density Residential Development;
Policy; context; Neighbourhood character; building height; bulk;
interface; traffic; parking; overlooking More...
Taylors Two Two Seven v Moreland CC [2012] VCAT 177
Section 79 of the Planning and Environment Act 1987; Moreland
Planning Scheme; Mixed Use zone; Brunswick Major Activity Centre
Structure Plan; Sixty-five three storey dwellings; Urban design; Casual
surveillance; Opportunities for social interaction; Shared access road;
Pedestrian safety; Solar orientation of dwellings; Accessible housing More...
Cornetta Partners v Boroondara CC [2012] VCAT 158
Application under Section 77 of the Planning and Environment Act
1987 (the Act) to review a decision to refuse a permit. Residential 1
Zone. Clause 55 Two or more dwellings on a lot and residential
buildings. Dwellings (11 dwellings in a three storey building above
basement car park). Corner Site (Area 836.2 square metres hectares).
State and Local Planning Policy Framework. Zone Purposes. Neighbourhood
character. Streetscape. Back yard amenity. Landscape. Density. Building
envelope. Private open space. Energy efficiency. Overshadowing.
Daylighting. Privacy. Car parking, Traffic More...
Cases – Queensland
S.H.I.F.T. Whitsunday Pty Ltd v McLean Cooke Pty Ltd [2012] QCAT 038
Challenge to the validity of a Valuation made by a Specialist Retail Valuer More...
Contact details
Melbourne
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Sydney
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Brisbane
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Disclaimer
The information in this publication is of a general nature and is not
intended to address the circumstances of any particular individual or
entity. Although we endeavour to provide accurate and timely
information, we do not guarantee that the information in this newsletter
is accurate at the date it is received or that it will continue to be
accurate in the future.
