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Inside track: Construction & Infrastructure

20 November 2019

#Construction & Infrastructure

Inside track: Construction & Infrastructure

In the media

Progress of building sector reforms in NSW Parliament and inquiry report on the regulation of building standards
On behalf of our 25,000 members in NSW, Engineers Australia supports the first recommendation in the Shergold-Weir report and the Opal Tower report that there must be compulsory registration for a wide range of engineering practices in the NSW building sector (13 November 2019).  More...

Parliamentary report calls for independent building commission to fix NSW construction industry
A parliamentary committee report calls for the establishment of a building commission to improve standards across the construction industry in the wake of the Mascot Towers and Opal Tower scandals (13 November 2019).  More...

Review of Northern Australia infrastructure facility announced
Minister for Resources and Northern Australia, Matt Canavan, has announced a review of the $5 billion Northern Australia Infrastructure Facility to assess its ability to meet the Government’s development objectives in Northern Australia (12 November 2019).  More...

Stop work over demand for bigger shed costs CFMMEU and officials $50,500
The Federal Court has penalised the CFMMEU $38,000 and two of its officials a total of $12,500 after they organised a work stoppage at a $30 million Brighton apartment project over demands for a larger site shed and dedicated female toilet (13 November 2019).  More...

Infrastructure audit highlights growing need for new solutions in all industries
Engineers Australia’s Public Affairs team has prepared a response to the audit and in the report highlight more opportunities for Infrastructure Australia to consider (11 November 2019).  More...

PI cladding extension may be needed: ICA
The ongoing professional indemnity stalemate could drag on longer than expected, according to the Insurance Council of Australia (11 November 2019).  More...

Australian PCI: Construction decline eases as house building approaches stability
The Australian Industry Group/Housing Industry Association Australian Performance of Construction Index climbed 1.3 points to 43.9 in October, indicating a slight easing in the construction industry’s overall rate of contraction (readings below 50 indicate contraction in activity, with the distance from 50 indicating the strength of the decrease) (07 November 2019).  More...

Building surveyors fined for unsafe fire approvals
A Perth building surveying company has been fined a total of $35,000 for negligence after signing off on three buildings that failed to meet fire safety requirements (06 November 2019).  More...

No Australian city has a long-term vision for living sustainably. We can't go on like this
International and internal migration trends have driven rapid growth in the big cities, especially Melbourne and Sydney. This has created major problems with providing adequate housing, infrastructure and services. The fundamental issue is the reluctance of urban communities and their leaders to discuss what might be sustainable populations (05 November 2019).  More...

NSW

NSW tight-lipped over flammable cladding
The NSW government has come under criticism once after it refused to release a document which identifies hundreds of buildings across the state currently clad in potentially flammable material (15 November 2019).  More...

Consultation for Great Western Highway upgrade
The NSW government has announced they anticipate beginning the $2.5 billion duplication of the Great Western Highway between Katoomba and Lithgow in 2021. Community consultation will take place from 7 November and 16 December. Visit the interactive portal to have your say (12 November 2019).  More...

ISCA: Sydney Metro City & Southwest Tunnel and Station excavation works
The major tunnelling and station excavation works involve construction of 15.5 km of twin railway tunnels which will travel under Sydney Harbour, and excavating complex underground structures for six new metro railway stations. Sydney Metro City and Southwest TSE Design received a final verified score of 100 and therefore a level of “leading”. This is the highest score achieved for an IS Rating to date (13 November 2019).  More...

Dubbo Hospital redevelopment boosts economy
A new report shows health projects like the $240 million Dubbo Hospital redevelopment are not only delivering world-class healthcare, they’re boosting regional economies across NSW. The report shows a 15 per cent jump in healthcare jobs in Dubbo from 2011-2016, more than double the previous five-year period. There was also a significant boost to construction jobs, which had a spillover benefit to the local accommodation, travel, food and transport sector (06 November 2019).  More...

Queensland

Queensland’s biggest waterfront urban renewal precinct
A new multi-million-dollar land agreement at Hamilton Northshore means Queensland’s largest waterfront urban renewal precinct Northshore will see four new commercial buildings built in the next six years. The success of Northshore is directly linked to continual investment by EDQ in precinct infrastructure and place-making activities (14 November 2019).  More...

Milestone for Mackay’s biggest-ever road project
The Queensland Government has recently completed Mackay Ring Road $497 million – Stage 1’s largest overpass in Ooralea. The $497 million project is jointly funded, with the Australian Government committing up to $397.9 million and the Queensland Government $99.4 million (12 November 2019).  More...

Brisbane certifier Trevor Gerhardt loses his licence to practise
Queensland’s building regulator has cancelled the certifier licence of Trevor Gerhardt, whose public licence record shows four findings of unsatisfactory conduct against him between 2015 and 2018. In addition to the findings of unsatisfactory conduct by the QBCC, the QCAT in September 2018 reprimanded Mr Gerhardt and ordered him to pay a penalty to the QBCC of $7,500 (08 November 2019).  More...

Practice and courts

National Airports Safeguarding Advisory Group
The NASAG is undertaking a review of implementation of the National Airports Safeguarding Framework (NASF). The review is intended to consider implementation of NASF across jurisdictions; and seeks submissions from all levels of government, industry and community stakeholders. Submissions close on 22 November 2019.  More...

CASA: Funding for regional airports
Regional airports can start the process of seeking new funds for safety upgrades, with guidelines are now available to give airport owners and operators more information on their eligibility for the $100 million program (including safer runways, taxiways, fencing). Round one of the program closes on 12 December 2019.  More...

Australian Constructors Association: Submission
01 November 2019 - Attorney-General’s Department discussion paper on: Attracting major infrastructure, resources and energy projects to increase employment - Project life greenfields agreements.  More...

GBCA Important Deadlines - Green Star certification for your project
Many project teams have timelines set around major events. To support this, these guidelines below (based on typical time frames), which specify the deadlines you’ll need to meet in order to have your project certified in time for key milestones in 2019. Deadlines are from 08 April – 04 November 2019.  More...

NSW

Cladding guideline
Standards Australia has developed a permanent labelling system of aluminium composite panel products to support the identification of these products throughout their life-cycle. The new guideline can be purchased from the Standards Australia website.

NSW Fair Trading: Part 6 of the EP&A Act postponed until 1 December 2019
The Part 6 provisions of the Environmental Planning and Assessment Act have been postponed and will now start on 1 December 2019. This delay will allow time for the sector to adjust to the regulatory changes that have been progressing around fire safety and the Building and Development Certifiers Act 2018.  More...

Planning Circular – Commencement of Part 6 (building and subdivision certification provisions)
FAQ - Occupation certificate
FAQ - New mandatory compliance powers for private principal certifiers
FAQ - New subdivision works certificate
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
If you have any queries, please contact the Department of Planning, Industry and Environment.  More...

Queensland

HPW: Building and plumbing newsflashes

No 570: Advice on the responsibilities of building certifiers requesting and issuing Forms 15 and 16​
To advise building industry practitioners about the role of Forms 15 and 16 in building assessment approval process and the responsibilities of individuals using these forms in the inspection processes. Two new guidelines have been published to clarify the obligations of building certifiers (13 November 2019).  More...

No 569: Clarification on the requirements for a site classification report and sanitary drainage articulation design​
To clarify: When a site classification report and a sanitary drainage articulation design (articulation design) must be supplied to local government in accordance with schedule 6 of the Plumbing and Drainage Regulation 2019; and who can prepare the report (12 November 2019).  More...

Victoria

Proposed Electricity Safety (Electric Line Clearance) Regulations 2020
ESV invites interested parties to make comments on the regulatory impact statement and proposed Regulations including any proposed fees. Submissions must be received by Friday 6 March 2020.  More...

Planning and building approvals process review discussion paper
The paper examines planning and building delays and bottlenecks to identify how the systems can be improved. The report considers challenges caused by a shortage of building surveyors and other building practitioners as well as the overlap between the planning and building regulatory regimes. Consultation for the discussion paper closed on 15 November 2019.  More... 

Cases

Australian Building and Construction Commissioner v Hynes & Anor [2019] FCCA 3145
INDUSTRIAL LAW – Commonwealth – compliance and enforcement – civil remedies – right of entry – entry permit holder – act in an improper manner – assessment of appropriate penalty
Fair Work Act 2009 (Cth), ss.500, 512, 546, 550(1), 550(2); Work Health and Safety Act 2011 (Qld), ss.117, 134
The applicant submits that by engaging in this contravening conduct, Mr Hynes: flouted the privileges conferred on him as a federal permit holder and a State OHS permit holder

Queensland

Cherwell Creek Coal Pty Ltd v BHP Queensland Coal Investments Pty Ltd & Ors (No 21) [2019] QLC 41
CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COURT SUPERVISION – AMENDMENT – ORIGINATING PROCESS, PLEADINGS ETC – where the respondent sought to amend its defence – whether leave was required – where the Court found leave was not required – where the Court held that, if leave was required, it would not have adjourned the application and would have granted leave
CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PROCEDURAL ASPECTS OF EVIDENCE – EXPERT REPORTS AND EXPERT EVIDENCE – OTHER MATTERS – where the respondent gave additional instructions to their expert – where leave was required to do so – where the Court made orders to allow the applicant to provide further instructions to its expert on the same matter
Mineral Resources Act 1989 Qld s 334ZJ(4), s 334ZJ(5), s 334ZJ(8)(k)
Uniform Civil Procedure Rules 1999 Qld r 378

National Management Group Pty Ltd v Biriel Industries Pty Ltd trading as Master Steel & Ors (No 2) [2019] QSC 276
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT – GENERAL PRINCIPLES AND EXERCISE OF DISCRETION – where the applicant applied to set aside two adjudication decisions made under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) on the basis of jurisdictional error – where the applicant was successful in respect of one of the adjudication decisions – where, on an issue by issue analysis, both parties enjoyed some success – whether costs should be disposed of in accordance with the general rule. Uniform Civil Procedure Rules 1999 Qld r 681, 684

Victoria

Argyrou v Victorian Building Authority [2019] VSC 721
INJUNCTION – application for interlocutory injunction to restrain defendant conducting disciplinary proceedings – serious issue to be tried as to whether defendant has jurisdiction to undertake disciplinary proceeding – application brought at early stage of disciplinary proceeding – plaintiff entitled to exercise rights of internal review and appeal to Victorian Civil and Administrative Tribunal if dissatisfied with outcome of disciplinary proceeding – application for injunction refused – Building Industry Act 1993 (Vic) ss 179, 182B, 182E, 185, 186, 187 sch 8 cls 3, 4 – Interpretation of Legislation Act 1984 (Vic) s 14(2) – Victorian Civil and Administrative Tribunal Act 1998 ss 51, 148, 187 – Supreme Court (General Civil Procedure) Rules 2015 o 56

Vodafone Hutchinson Australia Pty Ltd v Greater Geelong CC [2019] VCAT 1729
Section 77 of the Planning and Environment Act 1987 – Greater Geelong Planning Scheme – commercial 1 Zone – Design and Development Overlay – telecommunications facility – 20 metres high monopole containing three antennae – whether permission required for use of land – visual impact – orderly and proper planning – co-location of telecommunications facilities

Dinh v Westgate Joinery & Cabinet Making Pty Ltd (Building and Property) [2019] VCAT 1709
Domestic Building Contracts Act 1995 – s.8 – implied warranties – whether work defective – evidence – cost of rectification – order the Respondent to pay to the Applicant $93,500.00

Legislation

NSW

Bills revised following amendment in Committee – 15 November 2019
Design and Building Practitioners Bill 2019
Fines Amendment Bill 2019
Water Supply (Critical Needs) Bill 2019

Bills passed by both Houses of Parliament
Water Supply (Critical Needs) Bill 2019

Victoria

Acts
Renewable Energy (Jobs and Investment) Amendment Act 2019
Act Number: 42/2019 Date of assent: 6 November 2019

Bills
Building Amendment (Cladding Rectification) Bill 2019
Committee Date Committed: 11/12/2019
Third Reading Completed: Passed Date: 11/12/2019

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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