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Inside track: Property & Real Estate

23 February 2021

#Property, Planning & Development

Inside track: Property & Real Estate

In the media

Greystar’s $1.3bn build-to-rent bet
US build-to-rent specialist Greystar has secured its largest capital raising to date to support new projects being rolled out within Australia’s emerging build-to-rent sector (11 February 2021).  More...

The house always wins: Homes outstrip unit sales
Corelogic estimates that for every 1 unit sold over the year, there were 2.9 house sales across Australia (11 February 2021).  More...

Green makeover for lifestyle villages and holiday parks to cut emissions and energy costs
A $75 million CEFC investment in affordable accommodation for lifestyle and holiday communities will spur market-leading sustainability measures across new and existing properties, helping lower carbon emissions and reduce electricity costs (11 February 2021) More...

New Home Sales fall as rush to HomeBuilder ends
New Home Sales in January 2021 were just 30 per cent of the number of sales achieved in December 2020 (10 February 2021).  More...

Unprecedented’: East coast offices benefit from January boom
The Agency’s east coast operation recorded a 94 per cent increase in listings across regional and metro markets in the east coast, along with an 80 per cent increase in sales turnover compared to the same time last year (09 February 2021).  More...

Empty offices didn’t hurt Australia’s biggest landlord
Dexus, the country’s largest office landlord, has weathered the disruption to the CBD sector with a slight dip in its interim earnings while confirming its full year distributions would hold steady with the previous year’s payout (09 February 2021).  More...

‘Back to office’ momentum continues
The latest survey of CBD occupancy by the Property Council of Australia found that nearly all capital city CBDs were busier at the end of January than they had been before Christmas (09 February 2021).  More...

PCA: Increased supply, reduced demand force office vacancies up
Australian office vacancies have edged higher as COVID-19 has reduced demand for office space at the same time that significant new supply has entered the market over the six months to January 2021. Australia’s office market vacancy rate increased from 9.6 percent to 11.7 percent (04 February 2021).  More...

REIA lists 12 priorities for the Federal Government to address in the Budget
Real Estate Institute of Australia is calling on the Federal Government to address several key issues impacting the property sector when it releases its May 2021 Budget (04 February 2021).  More...

Underinsurance is entrenching poverty as the vulnerable are hit hardest by disasters
In Australia, where one in six children live in poverty, significant rates of underinsurance entrench disadvantage and hardship. This dynamic will worsen as the consequences of unmitigated climate change unfold (04 February 2021).  More...

Will our regions thrive or dive under a Covid-induced boom?
People are evacuating Australia’s big cities in search of affordable, comfortable regional living in droves (02 February 2021).  More...

Infrastructure assets get GRESB treatment with new index
The Global Real Estate Sustainability Benchmark has partnered with Global Listed Infrastructure Organisation to offer a new index for infrastructure assets (01 February 2021).  More...

ACCC backs subsidies over cyclone reinsurance pool
Governments wanting to provide immediate relief to consumers battling expensive premiums in cyclone-prone regions of Australia should look at subsidies that can be clearly targeted, the Australian Competition and Consumer Commission says (01 February 2021).  More...

Road to recovery ‘can be long for regional communities’
Regional communities can take years to recover economically from natural disasters with the impacts often spilling over to nearby regions. A report released by SGS Economics & Planning and Suncorp Insurance highlights the importance of rapid insurance payments and the need to protect regions from future disasters (29 January 2021).  More...

2021-22 Federal Pre-Budget Submission
Urban Development Institute of Australia National has lodged its 2021/22 pre-budget submission with the Commonwealth Government. (29 January 2021).  More...

‘Post-recession rush’ predicted for Australia’s commercial property
According to Colliers International, as a growing number of workers return to their offices, vendors and investors are expected to review acquisitions, with demand for office assets expected to soar during what’s usually a relatively quiet period (29 January 2021).  More...

Victoria

Office occupancy begins its long journey back as confidence builds in Melbourne’s CBD
The Property Council of Australia’s periodic Office Occupancy Survey shows an increase from 13 per cent in December, after reaching a low of 7 per cent in October, and reflects a renewed confidence and the Victorian Government’s safe and progressive roadmap to the reopening of offices (09 February 2021).  More...

Docklands office tower gets green light
Digital Harbour Holdings’ has plans to build a $195 million, 22-storey office building on the western edge of the Docklands after receiving the final nod of approval. The state minister for planning referred the application to council who voted to support the plans at 208-226 Harbour Esplanade, Docklands at the newly-rebranded City Harbour (09 February 2021).  More...

Ten year vision for social and affordable housing
The Andrews Labor Government is inviting Victorians to have their say on social and affordable housing as part of a 10-year strategy that will ensure more Victorians have safe, suitable and secure housing (09 February 2021).  More...

Outdoor dining embraced by Melbourne’s hospitality traders
Hospitality traders have embraced the City of Melbourne’s extended outdoor dining program with the majority indicating their outdoor dining ‘parklets’ have helped them reopen and maintain seating capacity (07 February 2021).  More...

BEKL’s Southbank project gets council nod
Melbourne-based developer BEKL has been given the green light by council to build a triple-segment tower in Southbank. Deputy lord mayor Nicholas Reece commended the architects on the design of the site and said there were some 47 objections that were received for this proposal (04 February 2021).  More...

More funding to councils for outdoor dining
Minister for Local Government Shaun Leane announced an additional $5 million for a second round of funding to enable councils to continue to support their local hospitality venues. In total, 54 councils have fast-tracked application and approval processes for permits from venues (04 February 2021).  More...

Metropolitan Hotel gets makeover as new $70m boutique tower
Developer Colin DeLutis is defying the work-from-home trend and pushing ahead with construction of a 20-storey tower in the heart of Melbourne’s legal precinct (03 February 2021).  More...

Protecting our heritage from demolition
The Andrews Labor Government will introduce tough new laws into the Parliament to strengthen Victoria’s building system and provide greater protection for heritage listed places. The new provisions under the Planning and Environment Act 1987 will prevent developers from benefiting from the unlawful demolition or neglect of our precious heritage (02 February 2021).  More...

Delivering affordable homes in the South East
The Victorian Government is delivering more diverse housing opportunities for purchasers in Melbourne’s east, with the first release of the Coomoora Springvale South residential development launching (30 January 2021).  More...

Queensland

Office build bucking the trend in Brisbane’s fringe
In the face of ongoing office vacancy pressures, Consolidated Properties is bucking the trend to speculatively build a 15-storey office building in Brisbane (11 February 2021).  More...

Queen’s Wharf’s luxury shopping to be the envy of the nation
The $3.6 billion Queen’s Wharf Brisbane confirmed it will become one of the world’s finest luxury shopping precinct as Destination Brisbane Consortium announced it has secured a deal with retail giant DFS which boasts a portfolio of 750 of the world’s most sought-after brands (09 February 2021).  More...

Brisbane approves wave of waterfront developments
Brisbane’s city skyline will continue to transform with a wave of major development projects receiving the official tick of approval. (09 February 2021).  More...

REIQ: Beware of ‘Zombie’ and ‘Phoenix’ commercial tenants, warns industry leaders
Real estate agents have been warned to watch for ‘zombie’ and ‘phoenix’ companies seeking new commercial leases in the aftermath of the COVID-19 crisis. (09 February 2021).  More...

Quarry company fined for EA offences
A quarry company has been fined $60,000 in the Toowoomba Magistrates Court after pleading guilty to two offences of the Environmental Protection Act 1994 (09 February 2021).  More...

Brisbane historic riverside mansion Lamb House protected from development under council planning amendments
The Brisbane City Council has approved planning amendments that prevent the grounds of the heritage-listed, riverside mansion from being developed (09 February 2021).  More...

'We haven't seen this in years': Brisbane roads choked with 'alarming' congestion worse than pre-COVID
Congestion on Brisbane's roads is now worse than pre-COVID levels, largely due to the impact of coronavirus restrictions and the reluctance of commuters to return to the state's public transport network, Queensland's peak motoring body says (09 February 2021).  More...

Marginal increase in office vacancy underlines the need to support CBDs
The Property Council of Australia’s latest Office Market Report has reinforced the Brisbane office market’s resilience in the face of COVID-19, with only a moderate increase in office vacancy seen over the six months to January 2021 (08 February 2021).  More...

Kangaroo Point residents question developer influence on neighbourhood plan: Courts
Questions are being asked about the relationship between developers and Brisbane City Council as angry Kangaroo Point residents demand to know why a developer was allowed on a town planning committee: An arrangement they say they knew nothing about. (08 February 2021).  More...

Remote worker boom starting to squeeze locals out of their home towns
A planning expert says popular regions are facing impacts akin to a mining boom as a remote-worker influx pushes up house prices and rents, potentially forcing out locals (08 February 2021).  More...

Charter Hall, QuadReal partner on Brisbane office towers
In a bid to remain “flexible” in uncertain times, Charter Hall has lodged two sets of plans for a significant riverfront site in Brisbane’s fast-growing North Quarter precinct (04 February 2021).  More...

Give me land, lots of land - one in three want a tree change, but job comes first
A survey commissioned as part of an inquiry into regional Australia has found one in three people are now open to a tree change – but the practicalities are more important than the country ideals (03 February 2021).  More...

Building houses on basketball court-sized blocks 'better than nothing', says Gold Coast Mayor
Gold Coast Mayor Tom Tate says council will consider releasing blocks of land as small as 400 square metres, in an effort to boost the supply of housing (03 February 2021).  More...

Future of historic Brisbane property unclear after developer buys 'incredible' riverfront site
The heritage-listed 1851 riverfront property Shafston House in Brisbane has been sold to a property developer (03 February 2021).  More...

New owner plans to restore Brisbane’s third-oldest residence
State heritage-listed Shafston House is under new management, with plans for a full restoration, apart from the Shafston International College campus buildings, which will be demolished (03 February 2021).  More...

Moreton Bay courts big tech for innovation hub
Moreton Bay Regional Council launched its Regional Economic Development Strategy with the 460ha site at The Mill, a key piece of greenfield development, earmarked for an innovation and tech precinct (03 February 2021).  More...

Spyre Group lodges plans for Coolangatta tower
The Gold Coast’s apartment market is gaining momentum with local developers looking to take advantage of two-decades highs as interstate home-hunters continue to prove a major buying force (02 February 2021).  More...

Real estate professionals in demand as job vacancies rise
As demand for property continues to grow in Queensland, more career opportunities have become available in the real estate sector. The Queensland property market showed positive growth in 2020 despite the national economic downturn that resulted from COVID-19 (01 February 2021).  More...

Koala habitat destroyed in Redlands after 100-year-old gumtrees bulldozed
A koala habitat with 100-year-old gum tress on private land in the bayside suburb of Ormiston, east of Brisbane, is bulldozed to the ground, with locals saying the destruction was preventable and shows the council and Queensland Government value development over conservation (29 January 2021).  More...

Published – articles, papers, reports

Australian Bureau of Statistics

Private sector house approvals rose for the sixth consecutive month in December, seasonally adjusted, and reached a record high according to data released by the Australian Bureau of Statistics (03 February 2021).  More...
Building Approvals, Australia, December 2020

Productivity Commission: Report on Government Services 2021
The annual Report on Government Services provides information on the equity, effectiveness and efficiency of government services in Australia (January).  More...

In practice and courts

Commonwealth

Product Emissions Standards survey
We are asking businesses and other members of the community about their experiences working with the Product Emissions Standards. This feedback will help us improve the scheme. To have your say take our survey now.
Submit your feedback by 28 February 2021.

Announcements, Draft Policies and Plans released 2021

NSW Planning and Environment Court

Registrar General: New single-party eLease available
From 6 February 2021 a new single-party electronic lease dealing form will be available through Property Exchange Australia (08 February 2021).  More...

Strata statutory review: Consultation now open
The Government has commenced a wide-ranging review of the laws affecting strata schemes under the Strata Schemes Management Act 2015 and the Strata Schemes Development Act 2015.
Public consultation is now open and will close on 7 March 2021. Please visit the Have your say - strata statutory review website to access the Strata Discussion Paper and for surveys on management and development issues.

Registrar General: Timetable to digital survey plans in NSW launched
Some important deliverables in the next 12 months are:
July 2021: Surveyors will be able to create survey plan workspaces in the NSW Land Registry Services (LRS) portal and pre-fill titling documents online
End of 2021: Move to 100 per cent online lodgment along with new NSW LRS portal tools that make it easier for surveyors to lodge digital survey plans.  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.

Queensland

P&E Court: Updated COVID-19 arrangements
The Planning & Environment Court has revised its temporary COVID-19 arrangements (02 February 2021).  More... 

Report on post implementation review of Strong and Sustainable Resource Communities Act
Open to 30 April 2021- Department of State Development, Manufacturing, Infrastructure and Planning
Have your say on the consultation report for the Post Implementation Review of the Strong and Sustainable Resource Communities Act 2017.  More...

Gold Coast Coastal Adaptation Plan
The City of the Gold Coast has released its draft Coastal Adaptation Plan for feedback. The plan outlines a long-term strategy for how the Gold Coast responds to the impact of climate change. Community engagement runs from 19 January to 19 February 2021. To read the draft plan or to provide feedback, please click here.

PCA: New Sunshine Coast planning scheme
The Sunshine Coast Council will begin community consultation on a new planning scheme later this year. The changes are expected to align with newer state and local planning policies including the South-East Queensland Regional Plan which is set to be renewed next year. The new planning scheme is expected to be delivered in 2024 (February 2021).  More...

DAMS and SPP IMS updates

3 February 2021 State heritage place
The amendment reflects the updates to the Queensland heritage register.

3 February 2021 Future state-controlled road
An amendment to the Smithfield Bypass within Cairns Regional Council and an amendment to the Mareeba Bypass in Mareeba Shire Council due to alignment changes.

1 February 2021 Gladstone priority port precincts
This layer identifies the precincts from the Gladstone priority port master planned area. There are seven precincts:
Environmental management precinct; Infrastructure and supply chain corridors precinct; Interface precint
Marine infrastructure precinct; Marine precinct; Marine services and recreation precinct; Port, industry and commerce precinct.

1 February 2021 Gladstone turtle nesting areas
This layer identifies the marine turtle nesting beaches and habitat from the port overlay for the priority port of Gladstone.

Cases

Warburton Environment Inc v VicForests (No 3) [2021] VSC 35
PRACTICE AND PROCEDURE – timber harvesting of state forests – standing where plaintiff is an environment group – statement of claim – claim for declarations of criminal conduct in civil proceedings – adequacy of prayer for relief – interlocutory injunction – confidentiality of documents to be produced – Civil Procedure Act 2010 (Vic) s 47 – Supreme Court (General Civil Procedure) Rules 2015 (Vic) rr 29.10, 29.11, 47.04 – Sustainable Forests (Timber) Act 2004 (Vic) ss 14(2), 16, 46(a) – Illegal Logging Prohibition Act 2012 (Cth) – Code of Practice for Timber Production 2014 – Management Standards and Procedures for timber harvesting in Victorian State forests 2014.

Lahanis v Livesay & Ors [2021] VSC 29
PROPERTY LAW – restrictive covenant preventing more than one dwelling on a suburban land – application to modify the covenant to permit two dwellings to be constructed on the land – whether discharge or modification will not substantially injure the persons entitled to the benefit – whether neighbourhood retains the peaceful and tranquil character due to the network of single dwelling covenants – whether approval of modification would set a precedent for other modifications – whether existing multi-dwellings in the neighbourhood had already set such a precedent or had eroded any special character the covenant had previously assisted to maintain – Property Law Act 1958 (Vic) s 84(1)(c) – Re Cook [1964] VicRp 106; [1964] VR 808; Vrakas v Registrar of Titles [2008] VSC 281; Prowse v Johnstone [2012] VSC 4; MacLurkin v Searle [2015] VSC 750; Jiang v Monaygon Pty Ltd [2017] VSC 591; Randell v Uhl [2019] VSC 668; Hivance Pty Ltd v Moscatiello & Ors [2020] VSC 183.

Brighton Foreshore Association Inc v Bayside City Council [2021] VSC 26
ADMINISTRATIVE LAW – appeal on question of law – application to challenge decision of VCAT granting planning permit for use of land as life saving club, function room, and café – whether VCAT obliged to take into account provisions in an Act to vest land in the Mayor Councillors and Burgesses of the Borough of Brighton for purposes of Public Recreation 1877 (Vic) (Vesting Act) – whether obligation arises by reason of s 61(4) Planning and Environment Act 1987 (Vic) – whether Vesting Act was otherwise a mandatory consideration – whether VCAT correctly applied Vesting Act in any event – whether open to find land is used for ‘public resort or recreation’ – Randwick Corporation v Rutledge [1959] HCA 63; (1959) 102 CLR 54, applied – whether open to find restricted use is ancillary or incidental to public use of land - Planning and Environment Act 1987 (Vic) ss 1, 3(1) (definition of ‘registered restrictive covenant’), 60(1)(f), 60(1A)(j), 61(4), 84B(1), 84B(2)(k) – Transfer of Land Act 1958 (Vic) s 106 – Subdivision Act 1988 (Vic) s 3(1) (definition of ‘restriction’) – Local Government Act 1874 (Vic) s 483 – Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 148.

Apex Outdoor Pty Ltd v Cross River Rail Delivery Authority [2021] QLC 5
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – EXPERT EVIDENCE – CONFIDENTIAL INFORMATION – where the respondent nominated an expert witness about billboard advertising in the applicant’s claim for compensation for resumption of land on which it intended to construct and operate a billboard – where the applicant had previously sought advice from another director of the expert witness’s firm – where the applicant sought to restrain the respondent from calling its nominated expert witness - whether there was a real and sensible risk the respondent’s expert witness might misuse confidential information – where the Court found there was not.

Goldsmith & Anor v AMP Life Limited [2021] QCA 20
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – FROM DISTRICT COURT – BY LEAVE OF COURT – where from 11 October 2004 Gold Tip (News) Pty Ltd operated a newsagency business in premises that it leased from the respondent at a shopping centre – where the applicants were the owners and managers of Gold Tip and operated the business – where commencing in June 2008, the respondent undertook major renovations to the shopping centre, including an expansion of it – where the renovations took some two years to complete – where during the course of the renovations, Gold Tip moved its business from the original premises to new premises in the newly constructed mall that was part of the centre – where in April 2012 Gold Tip was placed into liquidation – where the applicants took an assignment of Gold Tip’s right to bring proceedings against the respondent – where prior to the commencement of the renovations, Gold Tip and the respondent commenced negotiations for a new lease, new shop, to accommodate the business in a new location but still within the expanded centre – where the second lease commenced on 4 February 2010 when the business commenced operating from the new shop – where the business did not succeed, and Gold Tip was wound up in insolvency on 30 March 2012 – where the applicants alleged that various actions of the respondent in the course of the renovation works gave rise to a right to compensation on the part of Gold Tip for losses caused by those actions – where the right to compensation was said to arise under s 43(1) of the Retail Shop Leases Act 1994 (Qld) – where the respondent denied any entitlement to compensation under either lease and contended that any claim under the first lease was statute barred – where it also raised a set-off and counterclaim for unpaid rent due by Gold Tip under the second lease – where the learned trial judge found that reasonable compensation payable under the first lease was the subject of an equitable set-off for the unpaid rent due under the second lease – where the applicants seek leave to appeal under s 118(3) of the District Court of Queensland Act 1967 (Qld) – whether leave to appeal should be granted.

Island Resorts (Apartments) Pty Ltd v Gold Coast City Council [2021] QCA 19
LOCAL GOVERNMENT – POWERS, FUNCTIONS AND DUTIES OF COUNCILS GENERALLY – PARTICULAR POWERS AND FUNCTIONS – MISCELLANEOUS POWERS – where the appellant owns properties within the local government area of the respondent – where one of the respondent’s functions as a council is to levy general rates on all rateable land within its local government area – where the respondent considers that land used for tourism and tourism-related business and industry should generate a greater contribution to general rate revenue than land that is not used for a commercial purpose – where residential lots used to provide rental accommodation to “permanent residents” were categorised as Category 2T and residential lots used to provide rental accommodation to “itinerants” were categorised as Category 3T – whether the primary judge erred in not finding that deciding rating categories based on whether the rateable land was rented to an “itinerant” or “permanent resident” was characterising land solely on the basis of the personal characteristics of the occupant from time to time – whether the primary judge erred in not finding that the differential general rating categories 2T and 3T characterised land based upon the personal characteristics of a person who may occupy the land from time to time – whether the primary judge erred in not finding that the respondent impermissibly took into account an irrelevant consideration – whether the appeal should be dismissed
Judicial Review Act 1991 Qld s 20(2)(e), s 23(a); Local Government Act 2009 Qld s 4(2), s 92, s 93, s 94, s 96; Local Government Regulation 2012 Qld s 80, s 81.

Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 2) [2021] QLC 4
HUMAN RIGHTS – JURISDICTION AND PROCEDURE – QUEENSLAND – where the objectors contended that the grant of a mining lease and environmental authority would be incompatible with the Human Rights Act 2019 – where the objectors provided particulars to that effect – where the applicant contended that particulars provided did not adequately inform the applicant as to the case they had to meet nor the real issues in dispute – where the applicant sought further and better particulars – where the Department of Environment and Science identified five steps for the Court in complying with s 58 of the Human Rights Act 2019 – where the Department of Environment and Science submitted that the human rights case raised by the objectors was not adequately articulated – where the human rights case involves questions of law and policy as well as facts and circumstances – where the Court concluded requiring further particulars was not the best way to fully articulate the human rights case – where the Court identified different processes for that to occur.

Cases to 08 February 2021

National Property Acquisitions Pty Ltd v IDS Investments Group Pty Ltd [2021] QCAT 24
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 restraining the lessor from taking an alleged prescribed action during the response or extension period – whether damages an adequate remedy
COVID-19 Emergency Response Act 2020 Qld s 4A, s 23, s 25
Queensland Civil and Administrative Tribunal Act 2009 Qld s 48, s 58
Retail Shop Leases Act 1994 Qld s 5B, s 55, s 63, s 64
Retail Shop Lease and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 Qld s 5, s 6, s 9, s 12, s 21, s 26, s 27, s 41, Schedule 1.

We Kando Pty Ltd v Maranoa Regional Council [2021] QPEC 1
PLANNING AND ENVIRONMENT – ORIGINATING APPLICATION – application to further change a development approval for a regulated waste storage facility
PLANNING AND ENVIRONMENT – APPEAL – appeal against the decision of the respondent to refuse an application to extend the currency period for the regulated waste storage facility
Planning Act 2016 Qld ss 78A, 81, 87 and Schedule 2
Planning and Environment Court Act 2016 Qld ss 43 and 45.

ACP Properties (Townsville) Pty Ltd v 11 Oonoonba Road Pty Ltd [2021] QDC 10
MORTGAGES – ESTATE, RIGHTS AND LIABILITIES OF MORTGAGOR AND MORTGAGEE – DISCHARGE OR RECONVEYANCE – ASSIGNMENT OR TRANSFER TO THIRD PARTY – the second plaintiff and first defendant entered into an agreement to develop a property – the agreement provided that the second plaintiff would provide a loan to the first defendant secured by a mortgage over the first defendant’s interest in the property – further funding was provided by another lender by way of a finance facility secured by a mortgage to another lender, to be first in priority over the second plaintiff’s mortgage – the first plaintiff paid to discharge the debt owed under the finance facility and was assigned this debt – the first defendant defaulted on both loans –the second plaintiff exercised its power of sale and sold the property to the first plaintiff – whether sale meant that first plaintiff took equitable ownership subject to first mortgage – whether payment of finance facility debt by first plaintiff discharged that debt for all parties.

Patterson v Council of the City of Gold Coast & Ors [2020] QPEC 69
PLANNING AND ENVIRONMENT – COSTS – where application to vary earlier orders necessitated by late notification of additional expert – where limited costs order made.

Century Mining Limited v Department of Environment and Science [2021] QLC 3
ENERGY AND RESOURCES – MINERALS – ENVIRONMENTAL PROTECTION LEGISLATION – where the miner appealed the estimated rehabilitation cost fixed under s 300 the Environmental Protection Act 1994 – where the Department of Environment and Science (and the Court on appeal) must have regard to the guideline issued under s 550 of the Environmental Protection Act 1994 when calculating the estimated rehabilitation cost – where the guideline provides an approved calculation methodology – where the agreed ERC amount does not adopt the approved calculation methodology in all respects – whether an ERC amount not calculated strictly in accordance with the approved calculation methodology complies with the guideline – where the Court found that it did – where the Court allowed the appeal and made the orders proposed by the parties
Environmental Protection Act 1994 Qld s 298, s 300, s 524, s 527, s 528, s 530, s 550.

Legislation

Native Title Legislation Amendment Bill 2020
Amends the: Native Title Act 1993 to: Allow a native title claim or compensation group to impose conditions on the authority of its authorised applicant and require public notification of any such conditions; clarify the duties of the applicant to the claim group; allow the applicant to act by majority as the default position; allow the composition of the applicant to be changed without further authorisation in certain circumstances; allow the claim group to put in place succession-planning arrangements for individual members of the applicant; allow body corporate Indigenous Land Use Agreements (ILUAs) to cover areas where native title has been extinguished; remove the requirement for the Native Title Registrar to notify an area ILUA unless satisfied it meets the ILUA requirements; allow minor amendments to be made to an ILUA without a new registration process; specify that the removal of an ILUA from the register does not invalidate future acts subject to that ILUA; extend the circumstances in which historical extinguishment can be disregarded to areas of national, state or territory parks, and certain pastoral leases; allow a registered native title body corporate to bring a compensation application over an area where native title has been extinguished; require the registrar to create and maintain a public record of section 31 agreements; and make a number of technical amendments; and Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act) to: Require registered native title bodies corporate (RNTBC) constitutions to include dispute resolution pathways for persons who are or who claim to be common law holders, and provide for all the common law holders to be directly or indirectly represented in the RNTBC; limit the grounds for cancelling the membership of a member of a RNTBC to certain grounds; remove the discretion of directors of RNTBCs to refuse certain membership applications; specify that the registrar may place a RNTBC under special administration in certain circumstances; and ensure that proceedings in respect of a civil matter arising under the Act that relate to a RNTBC are to be instituted and determined exclusively in the Federal Court, unless transferred to another court with jurisdiction; confirm the validity of certain section 31 agreements; and provide that a person would be entitled to compensation if the bill effects the acquisition of property of a person other than on just terms (within the meaning of paragraph 51(xxxi) of the Constitution).
Finally passed both Houses 03 February 2021.

Regulation

Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2021
08/02/2021 - This instrument exempts real estate development projects situated outside of a National Broadband Network fixed line rollout region from the requirements to install fibre-ready pit and pipe under Part 20A of the Telecommunications Act 1997. 

Industry Research and Development (Hotel Energy Uplift Program) Instrument 2021
04/02/2021 – This instrument prescribes the Hotel Energy Uplift Program to support hotels to reduce their energy consumption. 

Queensland

Subordinate legislation as made – 05 February 2021
No 7 Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Amendment Regulation 2021
This Regulation is made under the COVID-19 Emergency Response Act 2020 and Retail Shop Leases Act 1994. The policy objective of the Regulation is to restore the less than $50 million turnover threshold for small-medium sized enterprise (SME) entities under the Regulation, while allowing any dispute or other matter for a lease held by an SME entity above that threshold that had been finalised or resolved prior to commencement of the Amendment Regulation to be unaffected.

Acts

COVID-19 Emergency Response and Other Legislation Amendment Act 2020
Commencement
(3)Section 39 and schedule 1 commence on 1 March 2021. Schedule 1 amends the regulation modules under the Body Corporate and Community Management Act 1997 it mentions.

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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