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Inside track: Property & Real Estate

12 July 2021

#Property, Planning & Development

Inside track: Property & Real Estate

In the media

Commonwealth

Property industry confidence remains robust – housing affordability concerns increase
Property industry confidence levels remained close to recent record highs as the sector continues to lead Australia’s economic recovery from the COVID-19 pandemic in new data gathered prior to the current outbreaks (02 July 2021).  More...

Chinese foreign investors have cooled on Australian properties, but overseas buyers are tipped to return
Australian property is likely to be a more attractive option for overseas buyers who want to move here and buy land or large homes when our borders reopen, rather than foreign investors who face high taxes. Chinese buyers of commercial and residential real estate now sit behind buyers from the United States ($13.1 billion) and Singapore ($9.5 billion) (02 July 2021).  More...

Investor housing loan commitments rise 13.3 per cent
New housing loan commitments rose 4.9 per cent in May 2021 (seasonally adjusted) to a new high of $32.6 billion, driven by investor housing loan commitments, according to statistics released by the Australian Bureau of Statistics (02 July 2021).  More...

Rollercoaster work week for CBDs revealed
The Property Council of Australia’s latest office occupancy survey has highlighted the challenge ahead for the reactivation of CBDs, with activity fluctuating between weekly peaks and troughs (01 July 2021).  More...

Why these two commercial buildings are the ideal design for a post-COVID world
It looks like visionary crystal-balling that a Queensland office building and a Melbourne suburban shopping centre – both of which opened just as the pandemic hit in 2020 – are so perfectly calibrated to what the commercial world now wants to keep customers safe and employees happy to return to their desks (01 July 2021).  More...

Intergenerational report shows it is time for reform for tax on homes
The fifth Intergenerational report just released by the Treasurer has caught the headlines for all the wrong reasons, Real Estate Institute of Australia President, Adrian Kelly said (01 July 2021).  More...

Cladding crisis driving owners to the brink
A number of developers and building owners are facing financial ruin as the fallout of the combustible cladding crisis widens in Australia. Authorities have now identified more than 3400 residential apartment buildings as having cladding deemed flammable (29 June 2021).  More...

Post-pandemic population plan crucial to prosperity
The 2021 Intergenerational Report makes clear Australia’s short and long-term prosperity depends on a robust plan to restore rates of immigration and population growth needed to sustain economic growth (28 June 2021).  More...

Intergenerational Report shows migration and urban productivity crucial to our future
The Property Council of Australia has labelled the latest Federal Government Intergenerational report a ‘wake-up call’ for policymakers on the importance of population growth and increased productivity to Australia’s economy. (28 June 2021).  More...

Productivity of our large cities at risk from unaffordable housing and congestion
New AHURI research reveals that as workers face rising housing costs due to metropolitan growth, households may not be able to move into areas that offer them the potential to earn a higher wage (28 June 2021).  More...

CBD office rents bottoming out but uncertain times ahead
Prime CBD office rents across the major east coast markets of Sydney, Brisbane and Melbourne reached fresh multi-year lows in the June quarter after a relentless 18-month decline (28 June 2021).  More...

CEFC backs new green home loan as Firstmac lifts focus on environmentally friendly housing
Australian homeowners will have access to $230 million in discounted green home loan finance as part of a $750 million green mortgage-backed securitisation raised by Firstmac and backed by the CEFC and leading Japanese bank, Norinchukin (25 June 2021).  More...

Rents rise as the rental market continues to tighten
Rental properties are being snapped up at accelerated rates across the country, squashing vacancy rates and exerting upwards pressure on rents.National house rents have added 0.4 of a percentage point over the month to 12 June, bringing the median price to $510, SQM Research data has revealed (22 June 2021).  More...

7 in 10 companies in APAC willing to pay higher rent for green buildings
A majority of Asia Pacific corporations (70 per cent) are willing to pay a rental premium to lease sustainability-certified buildings in the future. This commitment aligns with broader real estate sustainability developments across Asia Pacific (21 June 2021).  More...

REIA urges homebuyer to secure their places in deposit guarantee scheme
Real Estate Institute of Australia (REIA) President, Adrian Kelly has welcomed the Morrison Government’s announcement expanding government led guarantees for single parents and first home buyers (21 June 2021).  More...

NSW

Next phase of apartment buyer protections commence
Apartment purchasers can have greater confidence to buy in NSW with new laws coming into effect.
For every new residential apartment building being constructed, the designers, engineers and builders involved in that work will have to be registered and comply with robust new requirements (01 July 2021).  More...

Queensland

Games inspire ‘golden decade’ of development in Queensland
Hosting the Olympic Games in Brisbane will provide a “once in a century” opportunity to attract global business investment and capital into the property sector according to a research report (02 July 2021).  More...

Youth arts group told 'under-utilised' home may be demolished
Backbone Youth Arts may have to relocate from its long-term home in Mowbray Park after Brisbane City Council announces a plan to demolish its leased building (02 July 2021).  More...

PCA: Property industry confident ahead of new challenges
The latest results of the ANZ/Property Council survey reveal Queensland’s property industry confidence was experiencing yet another boost in positive sentiment, in new data gathered prior to the current lockdown (01 July 2021).  More...

Rent reprieve boosts drought assistance for primary producers in Queensland
The Palaszczuk Government is continuing to roll out drought assistance measures with more than 8,000 Queensland state land lessees set to receive a 12 month land rent reprieve (30 June 2021).  More...

Moorooka's 'Magic Mile' may go under neighbourhood plan
Proposed zoning changes could allow three, five or even eight-storey developments across a handful of Brisbane suburbs that are currently zoned low or medium-density. Brisbane City Council is creating a neighbourhood plan for Moorooka, Salisbury and Nathan, within the 10-kilometre CBD ring and on the future Cross River Rail route (29 June 2021).  More...

PCA: Queensland State Budget 2021/22
It was with great relief that the Queensland State Budget did not replicate Victoria’s property tax hikes and instead provided a $1.8 billion boost to social housing. The Property Council appreciates that broader supply and affordability issues cannot be addressed in one budget (25 June 2021).  More...

New Queensland town to spring up as thousands stream over the border
The Southern Redland bayside precinct, a stone’s throw from an award-winning winery, will include thousands of homes, a town centre, a foreshore park and potentially a school ( 25 June 2021).  More...

Infrastructure funding to unlock land supply in SEQ
A new site in Southern Redland Bay will become a priority growth area, with the Queensland Government investing in catalyst infrastructure to unlock over 5,000 lots, improving land supply and housing affordability (25 June 2021).  More...

Brisbane City Council Budget 2021/22 released
Lord Mayor Adrian Schrinner handed down the city’s 2021/22 Budget on Wednesday 16 June, including in it a record $1.2 billion infrastructure investment, and a 3.75 per cent rate rise announced across all rating categories (25 June 2021).  More...

Brisbane takes a fresh swing at its strategy for inner-city industry
Brisbane is set to embark on a wholesale revamp of its industrial strategy, saying inner city industrial precincts need renewal and that future “urban enterprise areas” should include a mix of industrial and residential uses (24 June 2021).  More...

New QLD laws to ensure resident-operated villages exempt from buybacks
Queensland Housing Minister Leeanne Enoch said the Palaszczuk Government is honouring its election commitment to ensure resident-operated retirement villages are exempt from mandatory buyback requirements under the Retirement Villages Act 1999 (22 June 2021).  More...

Published – articles, papers, reports

Relationships between metropolitan, satellite and regional city size, spatial context and economic productivity
University of Adelaide, Curtin University; University of Glasgow: 28 June 2021
It reveals that as workers face rising housing costs due to metropolitan growth, households may not be able to move into areas that offer them the potential to earn a higher wage.  More...

Australian Bureau of Statistics
22 June 2021 National Land Account, Experimental Estimates

In practice and courts

Commonwealth

Consultation on potential national register of Enduring Powers of Attorney
The Commonwealth Attorney General’s Department has released a Consultation Paper seeking public and stakeholder views on possible arrangements for a National Register of Enduring Powers of Attorney. In particular, the Attorneys-General from each Australian jurisdiction are seeking views on: The interaction between existing land titles registers and the new National Register
For further information, please see: Commonwealth Attorney-General's consultation webpage and Public consultation paper and submission template Submissions close on 30 June 2021.

API: APIV Scheme renewal application 2021-2026
The API announces its Australian Property Institute Valuers Limited (APIV) Professional Standards Scheme renewal application for 2021-2026 has been considered by the Professional Standards Councils (PSC) and is now closed for public consultation. The Scheme is anticipated to come into effect on 1 September 2021
The PSC’s Notice of the proposed APIV Scheme
The proposed APIV Scheme Instrument
The APIV Public Consultation Document

API: 2021 APREF defined research grant topics released
The APREF Research Committee and the wider property academic profession, APREF has released five defined research topics for funded research. Applications are now open! The APREF Research Fund’s objective is to facilitate scientific research in the property industry, specifically in the fields of valuation and land economy.. Submissions close on COB 30 August 2021.  More...

Register of foreign-owned water entitlements
The Commission will seek further information and feedback following the release of a draft report in August 2021. Draft report expected to be released in August 2021.  More...

GBCA: Green Star certification 2021 dates for your project
The guidelines below (based on typical time frames), specify the deadlines you’ll need to meet in order to have your project certified in time for key milestones (2021).  More...

Announcements, Draft Policies and Plans released 2021

NSW

Land Registry Services: Introducing NSW LRS Connect
On 5 July 2021, NSW LRS will launch the first stage of NSW LRS Connect, a new online portal for the property industry. In its first release, NSW LRS Connect will allow Surveyors to create Plan workspaces to digitally prepare: Deposited Plan administration sheets; Strata Plan administration sheets and s.88b instruments.  More...

Cancellation of certificates of title and 100 per cent eConveyancing from 11 October 2021
The Registrar General of NSW has declared that 11 October 2021 is the day on which all certificates of title (CTs) will be abolished, known as ‘cessation day’. By order under section 33AAA of the Real Property Act 1900, from cessation day all current CTs will have no legal effect and the Registrar General will no longer issue CTs for any reason. View the Gazette notice here (page 11) (02 July 2021).  More... 

NSW Revenue: Land Tax Build to Rent
The NSW Government is introducing a land tax discount for new build-to-rent housing projects until 2040 and a new Housing Diversity SEPP to provide more housing options, greater surety for renters, boost construction and support jobs during the COVID-19 recovery. Guidelines for the land tax reduction for build-to-rent properties can be read here

Queensland

Planning Regulation: Updates to fees and charges
On 1 July 2021, the Planning Legislation (Fees and Other Amounts) Amendment Regulation 2021 (Amendment Regulation) commenced, amending the Planning Regulation 2017 (Planning Regulation) and the Regional Planning Interests Regulation 2014 (RPI Regulation).
The Amendment Regulation updates the fees and charges in the Planning Regulation 2017 and the RPI Regulation 2014 to reflect annual indexation increases. The Amendment Regulation and accompanying explanatory notes can be viewed on the Queensland Government website.

Priority growth areas
The Growth Areas Team is working closely with state infrastructure agencies, local governments and the development industry to help accelerate land supply in South East Queensland.
Caboolture West and Southern Redland Bay have been identified as priority growth areas.
Last updated: July 2, 2021.  More...

Assessment fees: PDA development applications and making and amending development instruments
On 1 July 2021 EDQ fees and charges made pursuant to the Queensland Treasury Principles for Fees and Charges (January 2018) will increase by 1.7 per cent, as per the annual Government Indexation Rate for the 2021-22 financial year. The 2021/22 EDQ DA fees and charges schedule applies to PDA development applications lodged to Economic Development Queensland (EDQ) from 1 July 2021.

Brisbane Industrial Strategy Review 
The Brisbane City Council has released Our Productive City: Brisbane Industrial Future, a draft industrial strategy which is open for public consultation until 16 August 2021.

Land title practice manual
Updates Land title practice manual updates 21 June 2021 (PDF, 2.1MB).

When a Tenancy Agreement finishes early
Residential Tenancies Authority: 21 June 2021
The majority of tenancies run to the end date and beyond, but when a tenant or property owner’s circumstances change, the tenancy agreement may have to end earlier than expected. The Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) section 277 outlines the ways a residential tenancy agreement can end.  More...

Residential Tenancies and Rooming Accommodation (Tenants' Rights) and Other Legislation Amendment Bill 2021
The Bill was referred to the Community Support and Services Committee for detailed consideration and report by 26 November 2021. The explanatory notes state that the objective of the Bill is to improve rights for renters in Queensland, address rental affordability concerns and improve access to safe and secure housing.
The committee is simultaneously considering the Housing Legislation Amendment Bill 2021 which covers similar subject matter to the Bill. The committee has resolved to amend the timetable for its inquiry into the Bill to align with its inquiry into the Housing Legislation Amendment Bill 2021. The closing date for written submissions has been amended to 13 July 2021.  More...

REIQ: From 30 April: Updates to COVID-19 Response for Residential Tenancies
The Queensland Government has recently announced some changes to the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Amendment Regulation 2021. Some important temporary regulatory measures will continue until 30 September 2021. Please take note of the changes listed.  More...

REIQ training requirements for the Queensland real estate industry
The Office of Fair Trading has released new training requirements for the Queensland real estate industry. As of 30 September 2021, the current qualification will be superseded and replaced by a new property services training package. At the REIQ, the new training package not only recognises the significance of the work undertaken by real estate professionals, but also better reflects modern day real estate agency practice.

Brisbane City Council Budget 2021/22
The 2021/22 Budget has included provisions to continue the 50 per cent infrastructure charge rebate for Green Building Design and 33 per cent infrastructure charge rebate for Universal Design.

Extension of COVID Bill
State Parliament has moved to extend the timeframe for several measures introduced to allow Government to respond to the impacts of COVID-19 through the COVID-19 Emergency Response and Other Legislation Amendment Bill 2021, from 30 April to 30 September, 2021. This timeframe had previously been extended from its initial expiry of December 2020.

City of the Gold Coast: Express DA Service
As part of the City’s economic support during COVID-19(External link), the City is offering a 50 per cent discount on Express DAs for 12 months (from 27 October 2020 to 27 October 2021).  More...

Rockhampton Regional Council expands development incentives policy
Rockhampton Regional Council has expanded its development incentives policy to include multi-residential unit developments within close proximity to the CBD. The policy will apply to DA’s lodged between 1 January 2021 and 31 December 2021. For more information, please click here.

Planning (COVID-19 Emergency Response) Regulation 2020
This temporary regulation establishes requirements for keeping documents physically available for inspection and purchase in recognition of health and safety restrictions. This enables local governments to continue to meet their statutory obligations. The regulation is in effect to 30 September 2021.
View the Planning (COVID-19 Emergency Response) Regulation 2020 here.

Build-to-Rent Update - approved projects
The Queensland Government has approved two Brisbane-based affordable housing projects by developers following a Request for Detailed Proposals from shortlisted applicants from the Expression of Interest Phase of the Pilot Project. It is anticipated construction will commence mid-2021 following the finalisation of designs for the projects, with operations expected to commence in 2023.  More...

Prosecution bulletins
A selection of the department’s enforcement actions are summarised in prosecution bulletins outlining the facts and outcomes of finalised prosecutions.  More...

DAMS and SPP IMS updates

30 June 2021 Future railway corridor
Moreton Bay Rail Link removed remaining area between Mango Hill and Rothwell
Beerburrum to Nambour Rail Upgrade amendment to protected corridor at Glass House Mountains protected corridor area split into ‘rail upgrade 2 & 3 DTMR DAMS SPP IMS.

23 June 2021 aviation facility
Location of aviation facilities:
Data changes include: 38 new facilities; removal of 4 facilities, mapping coordinates changes for 6 facilities, changes to the metadata for 120 facilities.
Alteration of HF building restricted areas update the building restricted areas for HF aviation facilities to align with the National Airports Safeguarding Framework.
DTMR SPP IMS.  More...

Place Names – Current proposals
Job number 19-027: Yaraka
Closing date for comments: 16 July 2021
Additional information: This proposal addresses community concerns around confusion with addressing, provision of postal services and to reinstate historical connections.
Decided: Decision pending
Attachments: Proposal plan QPN1404 (PDF, 1.23MB)

Consultations
Water restriction targets for South East Queensland’s water security
Open until 9 July 2021 - Department of Natural Resources, Mines and Energy
Have your say on the anticipated duration of water restrictions in south east Queensland.
Seeking public submissions for the Noosa Area Draft Management Plan
Open until 25 July 2021. Have your say on the future management of Noosa Area’s national park and conservation reserves.

Cases

Gold Coast Motorsport Training Centre Pty Ltd v Gold Coast City Council & Ors [2021] QPEC 33
PLANNING AND ENVIRONMENT – APPEAL – DEVELOPMENT APPLICATION – where the Appellant seeks a development for an outdoor sport and recreation use being a kart racing and motorsport training facility – whether the proposed development conflicts with the planning scheme – whether the proposed development would detract from the amenity of the local area – whether the proposed development would have an unacceptable noise impact – whether there are sufficient grounds to justify approval despite the conflict
Local Government Act 2009 Qld s251; Planning Act 2016 Qld ss 264, 311
Planning and Environment Court Rules 2018 Qld r25; Planning Regulation 2017 Qld ss 70, sch 22
Sustainable Planning Act 2009 Qld ss 311, 314, 326, 341, 493, 495, 587, 590

Cement Australia (Exploration) Pty Ltd & Anor v East End Mine Action Group Inc & Anor (No 4) [2021] QLC 22
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – application to extend the mine – application for mining lease – application to amend environmental authority – where there were objections to applications – where objections raised issues regarding geology, groundwater, surface water impacts, groundwater to surface water interactions, flooding, noxious weeds and subsoil moisture
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – where the Court considered the standard criteria in s 269(4) of the Mineral Resources Act 1989 – where the criteria have been met – where the Court accepted that there would be an acceptable level of development and utilisation of the mineral resources within the area applied for – where the size and shape of the surface area is appropriate – where the applicants have the necessary financial and technical capability to undertake the proposed mining operations – where the past performance of the applicants have been satisfactory – where the operations to be carried out under the proposed mining lease conform with sound land use management – where there will be some groundwater drawdown impacts but where the surface water impacts will not be significant and the salinity of surface water beyond the mine should remain unchanged – where the applicants’ approach to avoid, minimise or mitigate adverse impacts mean the public right and interest will not be prejudiced – where there are no good reasons to refuse the grant of the MLA – where the proposed mining operation is an appropriate use of the land applied for
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – where the Court considered the standard criteria in schedule 4 of the 2013 Environmental Protection Act 1994 – where the Court was required to consider the National Strategy for Ecologically Sustainable Development – where the threats of environmental damage and scientific uncertainty are mitigated through adaptive management and government regulation – where the Court considered the s 233 criteria of the 2013 reprint of the Environmental Protection Act 1994 – where the application documents and regulatory requirements are met – where the standard criteria were considered including the character, resilience and values of the receiving environment, the best practice environmental management, and the public interest – where the Court considered each current objection
HUMAN RIGHTS – JURISDICTION AND PROCEDURE – QUEENSLAND – whether the Court has jurisdiction to consider the Human Rights Act 2019 in the absence of objections – where the Land Court has jurisdiction and a duty to consider human rights in the absence of submissions – where s 24(2) of the Human Rights Act 2019 was considered – where the human right to property would not be prejudiced – where the proposed expansion is proportionate to the public interest
Acts Interpretation Act 1954 Qld sch 1; Environmental Protection Act 1999 Qld sch 4, s 3, s 4, s 150, s 197, s 217, s 222, s 223, s 251, s 559, s 559, s 683

Thalanga Copper Mines Pty Ltd & Anor v Chief Executive, Department of Environment and Science [2021] QLC 21
ENERGY AND RESOURCES – MINERALS – ENVIRONMENTAL PROTECTION LEGISLATION – where parties resolved all grounds of appeal relying on expert reports prepared during Court Managed Expert Evidence – where a guideline states an approved calculation methodology and provides a financial assurance calculator – where the parties agreed the calculator and third-party quotes should be used to calculate the amount – where the Court found that relying on the calculator and third-party quotes is appropriate – where parties agreed on the items to be included in the calculator – where the third-party quotes met the guideline requirements – where parties agreed the correct amount for the financial assurance was $6,237,474 – where the Court allowed the appeal and made the orders proposed by the parties
Environmental Protection Act 1994 Qld ss 295(3), 295(4), 527, 528, 530, 530(2), 530(4)

Dowse v Commissioner of State Revenue [2021] QCAT 221
TAXES AND DUTIES – LAND TAX – LIABILITY FOR LAND TAX – review of a decision of the Commissioner of Land Tax for the 2017-18 and 2018-19 financial years – where Commissioner assessed taxpayer on reassessment as an absentee and not being entitled to the home exemption – where taxpayer working in the United Kingdom initially for a company associated with his Australian employer and then for a company without any Australian connection – where taxpayer had a dwelling in Queensland which he maintained for his return – whether taxpayer entitled to the exception to being an absentee on the basis that he was absent in the performance of his duty for his Australian employer – whether the taxpayer was eligible for the employer exception to be prorated – whether the taxpayer’s residence was his principal place of residence

ACA Gold Pty Ltd atf ACA Gold Property Trust v Argo Architects Pty Ltd [2021] QCAT 218
LANDLORD AND TENANT – RETAIL AND COMMERCIAL TENANCIES LEGISLATION – JURISDICTION, POWERS AND APPEALS OF COURTS AND TRIBUNALS – OTHER MATTERS – whether an interim order should be granted – where seeks same relief as final relief
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – OTHER MATTERS – dispute between commercial tenant and landlord – whether Tribunal has jurisdiction – whether a retail tenancy dispute or an eligible lease dispute – whether misconceived and lacking substance – whether costs should be awarded

Cases to 28 June 2021

Sheldrick v Sheldrick & Anor [2021] QDC 118
REAL PROPERTY – STATUTORY TRUSTEES – APPLICATION – SALE OF INTEREST IN PROPERTY – where the applicant and first respondent each have a 50 per cent interest in the property – where the applicant wishes to purchase the first respondent’s 50 per cent interest in the property – where the first respondent wishes the property to be sold and the proceeds divided - where statutory trustees have been appointed to facilitate the sale of the property – where the statutory trustees have been restrained from selling the property until further order by the Court - where the applicant applies to cease the public auction of the property and execute a contract of sale of the first respondent’s 50 per cent interest in the property to her for the sum of $145,000 – whether the proposed contract adequately reflects the reasonable costs incurred by the trustees in facilitating the sale of the property and other expenses directly attributable to the applicant’s conduct – whether the contract is consistent with the trustees’ obligation to obtain the best price reasonably obtainable for the property – whether the order of the Court restraining the trustees from selling the property until further order should be set aside
REAL PROPERTY – STATUTORY TRUSTEES – where the applicant resided at the property – where the applicant was ordered by the Court to vacate the property – where the applicant left personal items on the property after vacating it – where the trustees’ notified the applicant’s solicitors of the applicant’s personal items left at the property – whether the trustees’ acted appropriately in relation to the applicant’s personal property
Property Law Act 1974 Qld

JSFNQ 1 Pty Ltd v Townsville City Council [2021] QPEC 28
PLANNING AND ENVIORNMENT – APPEAL AGAINST REFUSAL OF DEVELOPMENT APPLICATION – where development application concerned material change of use permit – where proposed development involved construction of service station and food and drink outlets – where proposed in High Density Residential Zone
CONFLICT WITH PLANNING SCHEME – whether proposed development contrary to existing and intended standard of amenity and character – whether proposed development an appropriate use – where proposed development not contemplated by planning scheme
GROUNDS – whether proposed development assists in activation and enhancement of premises – whether proposed development contrary to reasonable community expectations – where proposed development did not meet an existing latent unsatisfied economic and planning need
Planning Act 2016 Qld s45; Planning and Environment Court Act 2016 Qld ss 43, 45

Ahwang v Torres Strait Island Regional Council [2021] QSC 147
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – FAILURE TO OBSERVE STATUTORY PROCEDURE – where the respondent is the trustee of a grant of land in fee simple at St Pauls on Moa Island – where as trustee the respondent is obliged to hold the land on trust for the benefit of the Islander inhabitants – where the applicant and another person submitted to the respondent expressions of interest in leasing the property – where the respondent granted the lease to the other person and not the applicant – where the applicant sought a statutory order of review of this decision – whether the decision to grant the lease was a decision as per s 4 Judicial Review Act 1991 (Qld) – whether the respondent’s decision making process had to be in compliance with s 135 Torres Strait Islander Land Act 1991 (Qld) – whether the decision was made in compliance with the requirements of s 135 Torres Strait Islander Land Act – whether the decision was actually made in compliance with the respondents adopted decision making process
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – TIME, EXTENSION AND ABRIDGMENT – where the application was filed over seven months out of time – whether an extension of time in which to apply should be granted. Judicial Review Act 1991 Qld ss 4, 5(d), 20, 26

Brakar Pty Ltd v Sunshine Developments (Vic) Pty Ltd [2021] QCAT 217
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – ENDING PROCEEDINGS EARLY – OTHER MATTERS – dispute between commercial tenant and landlord – whether Tribunal has jurisdiction – whether a retail
COVID-19 Emergency Response Act 2020 Qld s23
Queensland Civil and Administrative Tribunal Act 2009 Qld ss 47, 48, 52
Retail Shop Leases Act 1994 Qld ss 5A, 5B, 5C, 55, 103, sch; Retail Shop Lease and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 Qld ss 2, 9, 12, 21, 26, 40, 41, Sch 1; Retail Shop Leases Regulation 2016 Qld ss 8, Sch 1

Legislation

Commonwealth

National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Bill 2020
Assent Act no: 59 Year: 2021 29 June 2021
Establishes a National Radioactive Waste Management Facility to permanently dispose of low level radioactive waste and temporarily store intermediate level radioactive waste by amending the National Radioactive Waste Management Act 2012 to: Specify the site selected and enable the acquisition of additional land for the facility; abolish the National Repository Capital Contribution Fund and establish a Community Fund to provide economic and social sustainability for the community in which the facility will be located; and provide clear and objective links between the operation of the Act and the relevant Constitutional heads of power.

Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021
24 June 2021 – Consideration of message in HR and Senate - Amends the Water Act 2007 to: Establish the role of an independent Inspector-General of Water Compliance to monitor, and provide independent oversight of, water compliance; provide for the Inspector-General's powers and functions; introduce new offence and civil penalty provisions for unlawful conduct relating to the taking of water and new civil penalties for conduct relating to trading of water rights; and make minor amendments. Also makes consequential amendments to the Basin Plan 2012.

Regulations

National Housing Finance and Investment Corporation Investment Mandate Amendment (Family Home Guarantee) Direction 2021
02/07/2021 – No longer in force - This instrument amends the National Housing Finance and Investment Corporation Investment Mandate Direction 2018 to establish the Family Home Guarantee, extend the New Home Guarantee and amend the price caps applicable to the First Home Loan Deposit Scheme.

Native Title (Recognition as Representative Body – North Queensland Land Council) Instrument 2021
29/06/2021 - This instrument recognises the North Queensland Land Council as a native title representative body for three years from 1 July 2021 to 30 June 2023.

Queensland

Bills
Housing Legislation Amendment Bill 2021
Introduced by: Hon L Enoch MP on 18/06/2021
Stage reached: Referred to Committee on 18/06/2021
An Act to amend the Residential Tenancies and Rooming Accommodation Act 2008, the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response)Regulation 2020, the Residential Tenancies and Rooming Accommodation Regulation 2009 and the Retirement Villages Act 1999
Resources and Other Legislation Amendment Bill 2021
Introduced by: Hon S Stewart MP on 16/06/2021
Stage reached: Referred to Committee on 16/06/2021

Subordinate legislation as made – 30 June 2021
No 78 Planning Legislation (Fees and Other Amounts) Amendment Regulation 2021
No 79 State Penalties Enforcement Amendment Regulation 2021
No 83 Energy and Public Works Legislation (Fees) Amendment Regulation 2021
No 87 Housing Legislation (Fees) Amendment Regulation 2021
No 88 South-East Queensland Water (Distribution and Retail Restructuring) Regulation 2021
No 90 Environmental Legislation (Fees) Amendment Regulation 2021
No 91 Professional Standards (The Australian Institute of Building Surveyors Professional Standards Scheme) Notice 2021
No 92 Professional Standards (Australian Property Institute Valuers Limited Professional Standards Scheme) Notice 2021

Subordinate legislation as made – 18 June 2021
No 60 Revenue Legislation (Fees) Amendment Regulation 2021
No 61 Proclamation—Queensland Future Fund (Titles Registry) Act 2021 (commencing remaining provisions)
No 62 Queensland Future Fund (Titles Registry) (Transitional) Regulation 2021
No 70 Water (Fees) Amendment Regulation 2021
No 71 Water Plan (Fitzroy Basin) Amendment Plan 2021
No 72 Water Amendment Regulation 2021
No 75 Resources Safety and Health Legislation (Fees and Other Matters) Amendment Regulation 2021

Subordinate legislation as made – reminders
No 49 Water Plan (Mary Basin) (Postponement of Expiry) Notice 2021
For section 56(1) of the Act, the new expiry date for the Water Plan (Mary Basin) 2006, as postponed under section 55 of the Act, is 28 May 2024.
No 50 Planning (COVID-19 Vaccination Service) Amendment Regulation 2021
Insert 20A When material change of use for providing COVID-19 vaccination service is not assessable development. This section expires on 31 December 2021.

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.

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