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Inside track: Planning, Environment & Sustainability

20 July 2021

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media


Federal Court appeal
Minister for the Environment Sussan Ley has announced the Morrison Government’s intention to appeal the recent Federal Court judgment in relation to the Vickery Coal Mine decision (09 July 2021).  More...


First existing Australian building to achieve WELL Platinum certification
A 48-year-old office tower in Melbourne CBD has become the first existing building in Australia to achieve WELL Certification at the Platinum level. Owned by private property group Kamirice, the building located at 500 Collins Street was awarded the highest-level certification under the IWBI’s WELL Building Standard (09 July 2021).  More...

New funding for community organisations to reduce costs and greenhouse gas emissions
Over the next 2 years the 3.1 million Community Climate Change and Energy Action Program will deliver grant funds to approximately 100 Victorian community organisations (08 July 2021).  More...

New regional Community Power Hubs announced
Seven new hubs for community owned renewable energy will be established around Victoria under the next stage of our Community Power Hubs program (08 July 2021).  More...

Automatic mutual recognition has commenced in Victoria
Automatic mutual recognition commenced on 1 July 2021. AMR enables individuals licensed or registered for an occupation in one Australian state or territory to work in another state or territory using their home state licence (08 July 2021).  More...

Melbourne needs to lift its architecture game
If we do not take a stand and lift standards then our world-famous livability and appeal are at risk (05 July 2021).  More...

Council collaboration targets sustainable development
A collaboration of 28 Victorian councils has launched a bid to turn sustainable development into policy by embedding zero-carbon targets into state planning law (05 July 2021).  More...

EPA welcomes new environment protection laws
Environment Protection Authority Victoria (EPA) welcomes the new Environment Protection Act 2017 (Act), which comes into force. The new Act completes the legislative overhaul of EPA Victoria and gives Victoria stronger, more modern environment protection laws (01 July 2021).  More...

Delivering new homes for vulnerable Victorians
The Andrews Labor Government is ensuring vulnerable Victorians have the security and safety of a home, as the first residents move into Big Housing Build homes (29 June 2021).  More...

Two new sites for Melbourne's $5.3 billion social housing project
Collingwood and South Yarra will have new public housing as part of the Victorian government's $5.3 billion commitment to build more than 12,000 social and affordable homes over four years (27 June 2021).  More...


Plan to make it harder to kick tenants out a ‘breach of human rights’
With two bills before state Parliament to reform the rental system, Housing Minister Leeanne Enoch says the Greens’ plan would be a disincentive for investors (08 July 2021).  More...

Flood map update alters thousands of Brisbane property flood levels
More than 30,000 Brisbane properties are now deemed less likely to flood after Brisbane City Council recently updated its flood maps – but about 7,000 properties have had their flood levels increased (06 July 2021).  More...

In Practice and Courts


Designated bushfire prone areas (BPA) map ppdated
On 6 July 2021, BPA Review 18 updated the mapping in 15 municipalities. The Planning Property Report and VicPlan reflect the changes. The next review is now open (8 July 2021).  More...

Integrating environment protection reform into land use planning
New environment protection legislation is now operational. The Victorian Planning System and the environment protection framework are integrated to enable planners to consider matters as diverse as land contamination, noise, water and air quality when assessing both planning scheme amendments and planning permit applications. The planning changes are introduced by Amendment VC203.
A new Planning for Environment Protection website includes information on how planning supports environmental protection, with guidance on the updated provisions and links to relevant EPA information (01 July 2021).

Updated Planning Practice No 30: Potentially contaminated land
The updated practice note explains the operation of the planning system with regard to potentially contaminated land and links to the environment protection framework. The practice note outlines their use, includes the latest best practice in environment assessment and reflects changes made by Amendment VC203 and soon to be introduced Ministerial Direction No. 1. Potentially Contaminated Land (01 July 2021).  More...


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...



Yarrawonga Community Action Group Inc v Moira SC (Red Dot) [2021] VCAT 655
Facilitation of local government infrastructure projects; Clause 52.31 of all planning schemes; Whether objector review application should be dismissed
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE - LAW – issue of interpretation or application
Application of principles in Wittenbach v Cardinia SC [2017] VCAT 793
LEGISLATION – interpretation or application of statutory provision
Section 28 of the Interpretation of Legislation Act 1984
PLANNING SCHEME – interpretation or consideration of VPP provision
Clause 52.31 APPLICATION – significant, interesting or unusual use or development; application of policy, provision or principle; or circumstances
Whether the review right exemption in clause 52.31 affects an application under section 82 of the Planning and Environment Act 1987 brought before clause 52.31 commenced.


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.

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).



Mutual Recognition (Victoria) Amendment Act 2021 (Vic)
Act Number: 25/2021 Date of assent: 28 June 2021
Date of commencement: 1 July 2021

Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic)
Sections 1-81 of this Act came in by forced commencement on 1 July 2021 s.2
Act Number: 18/2021

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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