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Inside track: Property & Real Estate

06 April 2021

#Property, Planning & Development

Inside track: Property & Real Estate

In the media

Commonwealth

Chinese investors tipped to return this year
Chinese investors will re-enter the Australian real estate market in the second half of this year according to Asian proptech company Juwai (26 March 2021).  More...

Experts eye end of HomeBuilder
Experts predict the housing market is at a tipping point with the end of HomeBuilder looming on March 31 and international border closures stagnating growth (25 March 2021).  More...

Profitability in Australian dwellings rose over the December quarter, with Hobart coming in as the most profitable capital city
Eliza Owen, Core Logic’s Head said on the latest Pain and Gain report “As property values rose across each state and Territory through the December quarter, buoyed by a cash rate reduction through November, the value of profits also increased substantially” (24 March 2021).  More...

ANZ forecasts prudential changes to curb house prices
Strong tailwinds will bolster the Australian economy through the second half of the year, but macro-prudential measures are likely to be introduced to ease house price pressures in 2022 (24 March 2021).  More...

Flood crisis highlights need for ‘tough conversation’ about suburban spread: Littleproud
Australia must have a “tough conversation” about where people should build their homes, Emergency Management Minister David Littleproud says. State and local governments needed to urgently devise new rules for planning and developments, based on recommendations from the bushfires royal commission (22 March 2021).  More...

Housing lending may be cheap, but regulators argue it is not yet risky
New data suggests changes to mortgage lending rules in the near future are unlikely, despite rapidly rising home values. Recent data from the APRA suggests that while the proportion of loan originations that could be ‘higher risk’ showed a slight increase through the December quarter, the regulator saw no evidence of a “material relaxation in lending standards” (22 March 2021).  More...

Show us the evidence for benefits to customers: Mutual recognition
REIA has called for more evidence to back claims that AMR will grow productivity and reduce red tape with the introduction of the Mutual Recognition Bill to the Lower House (19 March 2021).  More...

Trees can curb urban heatwaves
The heat is on Melbourne, Brisbane and Sydney to increase urban vegetation and prevent scorching summer temperatures. Regions with higher levels of vegetation are cooler regardless of population density, according to Monash University’s temperature check report (18 March 2021).  More...

The planning system needs to get “climate conscious”, fast
The Planning Institute of Australia is committed to achieving zero net carbon from the built environment by 2050, if not sooner. But to achieve this goal it is critical that planning systems be a help – not a hindrance – by cutting greenhouse gas emissions and by adapting to climate change (18 March 2021).  More...

Australian Conservation Foundation: Temperature check: Greening Australia’s warming cities
Increasing urban vegetation will become essential for our three largest cities to reduce serious heatwave impacts by 2060-2080, finds a new report by the Australian Conservation Foundation and the Monash Climate Change Communication Research Hub (18 March 2021).  More...

New stewards bring a hole-in-one approach to recycling
The Morrison Government is taking its investment in product stewardship to close to $15 million and will now see a million sports shoes a year diverted from landfill, 200 tonnes of golf clubs recycled as well as industrial tyres and commercial furniture (16 March 2021).  More...

Property prices increase in all capital cities
Residential property prices rose 3.0 per cent in the December quarter 2020, the strongest quarterly growth since the December quarter 2019, according to figures released by the ABS (16 March 2021).  More...

GBCA: A circular economy discussion paper
The circular economy has been highlighted as one of the megatrends shaping the next phase of the built environment. Momentum is gathering across the world; however, Australia is lagging behind countries in Europe and Asia. (16 March 2021). Read the discussion paper here or the summary here.

Farmers open arms to climate testing
Four pilot locations have been selected to support the development of the Department of Agriculture, Water and the Environment’s Drought Resilience Self-Assessment Tool and Climate Services for Agriculture programs (15 March 2021).  More...

2021 UDIA State of the Land launched
UDIA National has launched the 20201State of the Land report - the industry’s most crucial and comprehensive overview of new home and apartment markets across our capital cities (12 March 2021).  More...

Victoria

‘Sale of the century’: Dozens of former school sites earmarked for market
Dozens of former schools across Victoria are being prepared for sale on the open market, but planning experts warn the state government may soon have to buy back nearby land at higher prices as more people move to the regions (24 March 2021).  More...

63 times the size of Melbourne's CBD: Victoria's farmland lost to thousands of residential developments
Rural shires report "phenomenal" population growth as regional and rural land is rezoned residential, and one expert says it will affect Melbourne's food supply (20 March 2021).  More...

Sustainable village delivering affordable housing
Dozens of Victorians at risk of or experiencing homelessness will benefit from secure housing, reduced power bills and the opportunity to build social connections in a ground-breaking new housing development in Brunswick (19 March 2021).  More...

Melbourne social housing projects win funding
Social housing projects are continuing to gain momentum with four projects in Melbourne receiving funding through the $1-billion National Housing Infrastructure Facility (17 March 2021).  More...

NSW

Stamp duty abolition: The end justifies the means
In replacing stamp duty with a more stable, efficient and equitable tax we should remain focused on the benefits of the reform, not the complexity of the transition, stated HIA’s Chief Economist, Tim Reardon. HIA provided a submission to the Consultation Paper-Buying in NSW, Building a Future and has released HIA’s Stamp Duty Watch report (19 March 2021).  More...

Queensland

Homecorp secures funding for $200m Build-to-Rent project
Homecorp Property Group will break ground on the Gold Coast’s first dedicated build-to-rent project after securing funding for the $200-million development from ANZ (25 March 2021).  More...

New city to be built from scratch north of Brisbane
Caboolture West in Moreton Bay has been picked as the pilot site of a planning strategy to ensure infrastructure can keep pace with population growth and housing demand in south-east Queensland (25 March 2021).  More...

Department to pass on secret Bulimba study for council bridge planning
A 2016 feasibility study for an ‘active transport bridge’ from Bulimba to Teneriffe, sought by the council amid efforts to find a fifth green bridge site, found more work needed to assess its cost (25 March 2021).  More...

Caboolture West SEQ’s first new growth area selected
A new suburb at Caboolture West has been selected as the first new growth area to accelerate land supply in the south east. Neighbourhood Development Plan 1 within Caboolture West, will be the first pilot site in a future growth program which will unlock growth, housing choice and affordability (25 March 2021).  More...

Land supply and growth challenges in South East Queensland
ShapingSEQ’s 50-year vision will place South East Queensland as a globally recognised region where people love to live, learn, work, invest and visit. The region is expected to grow by 1.5 million people by 2041. ShapingSEQ maps out how the state will sustainably and responsibly accommodate a growing population (25 March 2021).  More...

The population in this south-east Queensland region is set to exceed Tasmania
South-east Queensland's population is predicted to surge by more than 2 million people by 2036 and community groups in the Moreton Bay region are opposing the proliferation of developments proposed to cater for the population boom (24 March 2021).  More...

Grenfell-style cladding comes off CBD high-rise Brisbane Square
External wall panels similar to the ones used on London’s Grenfell Tower are being removed from the Brisbane Square building In George Street in a multimillion-dollar project (24 March 2021).  More...

‘Missing in action’: Student bed sector’s plea for plan after Brisbane boom
After being courted for years, Brisbane’s multibillion-dollar student housing sector has hit out at the council and governments for failing to work with them amid the challenges of COVID-19 (24 March 2021).  More...

‘Slimline’ hotel plans revealed for Roma St hub
Plans for a 26-storey slimline hotel in the Brisbane CBD just outside the Roma Street priority development area have been lodged (23 March 2021).  More...

Double towers unveiled for Brisbane fringe
Plans have been lodged to build two mixed-use towers opposite Westfield Garden City in one of Brisbane's fastest-growing suburbs on the southside (22 March 2021).  More...

DES fines Ipswich company after odour complaints
The Department of Environment and Science has fined Wood Mulching Industries $13,345 for odour issues affecting residents in Redbank Plains (19 March 2021).  More...

Luxe eco-tourism resort planned for South Stradbroke Island
Plans for a six-star eco-tourism resort on the Gold Coast’s South Stradbroke Island have been lodged for the abandoned former McLaren’s Landing (19 March 2021).  More...

Shovel-ready projects rebuild Queensland tourism industry
Shovel-ready projects capable of creating new opportunities and spurring investment are part of Queensland’s plans to rebuild its $25.5-billion tourism industry (18 March 2021).  More...

‘Wellness hotel’ pitched to grow from long-term Valley nightclub site
The 14-storey Fortitude Valley Hotel has been proposed as a high-end attempt to revitalise the ‘long-standing eyesore’ that is the southern end of the Valley (18 March 2021).  More...

Legal advice released on possibility of retirement village on former North Lakes Golf Course
A controversial proposal to put a retirement village on a former golf course may have a step closer to reality with legal advice confirming a development application can be made (18 March 2021).  More...

Government paid $13 million over recommended value for water buyback
The Australian government paid almost $13 million more than was advised by an independent valuer, in an $80 million deal to secure water from two Queensland farms in 2017 (17 March 2021).  More...

Clive Palmer’s neglected Coolum Resort in for a $100m revamp
Billionaire former politician Clive Palmer is back in the tourism game after announcing the $100 million redevelopment of his eponymous resort on Queensland’s Sunshine Coast (17 March 2021).  More...

Springfield goes global in search for $15bn developer
Springfield City Group has gone global in its search for a partner to help deliver its $15-billion Knowledge Precinct that will complete the masterplanned Springfield CBD (17 March 2021).  More...

New roads, schools to be mapped out under 10-year Queensland blueprint
How to tackle Brisbane bottlenecks and safeguard drinking water in regional Queensland will be part of a review into the state’s long-term infrastructure strategy (16 March 2021).  More...

Surf park planned for Gold Coast resort
Parkwood Village has announced plans to build a ‘world-class’ wave pool by 2023, forming larger plans for its already approved integrated resort and leisure precinct on the Gold Coast (16 March 2021).  More...

Rainforest to be restored at The Spit
A bold rainforest restoration project will protect and improve 37 hectares of critically endangered littoral rainforest and coastal vegetation at The Spit for future generations (16 March 2021).  More...

Residents' input sought for 'once-in-a-generation' community precinct in Birkdale
Redland City Council is seeking ambitious ideas from residents to transform a 62-hectare block of land south-east of Brisbane into a major community precinct (16 March 2021).  More...

Published – articles, papers, reports

Australian Bureau of Statistics
16 March 2021 Residential Property Price Indexes: Eight Capital Cities

In practice and courts

Announcements, Draft Policies and Plans released 2021

NSW

Have your say on changes to how building design and construction is regulated in NSW
The development of supporting regulations is the next step on delivering on this piece of the Government’s building reform agenda, with the scheme commencing on 1 July 2021. The Design and Building Practitioners Regulation commences on this date.  More...

Registrar General: Free land titling support for NSW property owners affected by floods
NSW Land Registry Services (NSW LRS) are offering free land titling support to landholders impacted by the recent flooding in NSW. Landholders can contact NSW LRS for free assistance with title searches, replacement Certificates of Title and plan images (22 March 2021).  More...

Registrar General: Electronic signing options for dealings and plans extended to 31 December 2021
To assist customers during the pandemic, the option to sign dealings and plans electronically has been extended to the end of 2021. Version 3 of the Conveyancing Rules – (COVID-19 Pandemic) Amendment was published on 18 March 2021, and will cease to apply on 31 December 2021 (19 March 2021).  More...

Queensland

State Infrastructure Strategy Announcement
A new State Infrastructure Strategy will be released in conjunction with seven regional infrastructure plans in aid of supporting our post COVID-19 economic recovery. This follows the recent announcement of the formation of a Growth Areas Delivery Team to address land supply issues in SEQ.
To find out more about the strategy, please click here. You're invited to have your say and help shape the State Infrastructure Strategy. You can share your views via the survey. Consultation closes on 31 May 2021.

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.
Among other changes, this includes extending the timeframe for the expiry of the dispute resolution provisions within the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation, from 30 April to 30 September, 2021. This timeframe had previously been extended from its initial expiry of December 2020.

Title Registry Alert Issue No 179: Titles Registry searches and notices
On the 22 March 2021, the Titles Registry introduced a new look for searches and notices. It should be noted that the old format searches may still be produced by some providers and are acceptable. To find out more about these changes please click here.

Have your say: Gold Coast City Plan amendments
The City of Gold Coast has opened consultation for a fourth round of amendments to the City Plan. Feedback on the amendments will close on April 8 2021. To provide feedback, please click here.

COVID emergency measures extend to 30 April 2021
The recently re-elected Queensland Government has introduced a Bill to extend the operation of COVID emergency measures until 30 April 2021.  More...

EDQ Amendments
Urgent amendments to Queensland's planning legislation were passed in March 2020 by Queensland Parliament to address concerns raised by a range of stakeholders, including local government and industry, in response to the COVID-19. The changes included: Declaring COVID-19 as an applicable event under the Planning Act 2016 on 19 March 2020 – extended to 30 April 2021.

Safer Buildings program enters final stage
The QBCC is administering the three-part Safer Buildings program to understand the extent of combustible cladding use in Queensland’s private buildings. The Safer Buildings program has advanced considerably with Part 3 of the combustible cladding checklist now underway. The deadline for building owners to finalise the Part 3 assessment is 3 May 2021.  More...

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...

Current processes: Expanded the Pilot Project 2021
Two new tender processes:
Expressions of Interest are being sought from proponents capable of delivering a Build-to-Rent development with an affordable housing component on the State-owned site of the former Childrens Court, 50 Quay Street. Further information regarding this process is located on the QTender website. Submissions close 9 April 2021.
Expressions of Interest are also being sought from proponents capable of delivering a Build-to-Rent development with an affordable housing component on a privately-owned inner Brisbane site. Further information regarding this process can be found on the QTender website. Submissions close 7 May 2021.

Consultations

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.

Inland Rail – Border to Gowrie project – draft environmental impact statement Closes 19 April 2021

Cases

Victoria

Bensons Property Group Pty Ltd v Key Infrastructure Australia Pty Ltd [2021] VSCA 69
CONTRACT – development management agreement – consultant to obtain planning permit by certain date – prevention principle – whether letter sent by applicant deprived respondent of substantial chance of obtaining permit by deadline – whether applicant breached implied duty of cooperation by sending letter – whether letter caused respondent loss and damage.

Ross v Fitzroy-Ezzy (Building and Property ) [2021] VCAT 275
Water Act 1989. Claims by two adjoining unit owners against above unit owners and the Owners Corporation in respect of damaging water leaks into the applicants’ units. Claims against one of the above unit owners, the third named respondent, settled. Order that the remaining above unit owner, the first respondent, carry out specified balcony rectification works to prevent the unreasonable flow of water into the applicants’ units below. The first respondent and the Owners Corporation to each bear 50 per cent of the cost of such works. Applicants also entitled to damages in respect of the water damage to each of their units. The first respondent and the Owners Corporation each ordered to pay 50 per cent of such damages. ‘Causation’ under the Water Act 1989 founded on the duty of the first respondent and the OC to take timely remedial action, and their omission to do so. The sum of damages payable to each applicant limited to the damages incurred after such duty arose, that is after the respondents had become aware of the existence and impact of the water leaks.

Giswick Pty Ltd V Ajaimi (Building and Property) [2021] VCAT 267
Retail Leases Act 2003 ss 52, 54 and 57(1)(b); Limitation of Actions Act 1958 s 5; Australian Consumer Law (Victoria) s 18; Clauses 6.1, 6.4 and 8.1 of the Lease; breach of covenant of quiet possession; failure by Respondent to repair leased premises; interference with Applicant’s conduct of business; false and misleading representation by conduct; persistent disruption and damage caused to Applicant’s newsagency business by persistent water and sewage ingresses to leased premises; Applicant entitled to compensation and damages by way of abatement of rent and outgoings, direct and consequential loss of profits and direct costs.
The Respondent must pay the Applicant $399,405.68, inclusive of interest, on the Applicant’s claims.

Global Fashion Service Pty Ltd v ESR Investment Nominees 3 (Australia) Pty Ltd (Building and Property) [2021] VCAT 224
LANDLORD AND TENANT – COVID-19 Omnibus (Emergency Measures) (Commercial Leases and Licences) Regulations 2020 (the Regulations); whether tenant entered into an for rent relief agreement pursuant to reg 10(6) of the Regulations; whether landlord entitled to re-enter the demised premises after request for rent relief made. INJUNCTION – whether interlocutory injunction should be granted; whether questions over the terms of a rent relief agreement have been complied with raise a serious question to be tried; whether alleged acquiescence on the part of a landlord prevents a landlord from subsequently purporting to exercise its rights under a lease.

Razzy Australia Pty Ltd & Anor v Commissioner of State Revenue [2021] VSC 124
DUTIES ACT — chapter 3 — duty on acquisition of ‘significant interest’ in landholder — transfer of dutiable property from one complying superannuation fund to another — redemption of units in a unit trust — application of exemption in s 89D(a) incorporating s 40(1) — duty payable after aggregation of exempt and non-exempt acquisitions — meaning of ‘transfer’ and ‘in connection with’ in s 40(1) — Commissioner of State Revenue v STIC (Australia) Pty Ltd [2010] VSC 608 — Collector of Customs v Cliffs Robe River Iron Associates [1985] FCA 96; (1985) 7 FCR 271 — Western Australia v Ward (2012) 213 CLR 1 — Travelex Ltd v Federal Commissioner of Taxation [2010] HCA 33; (2010) 241 CLR 510 cited — Duties Act 2000 (Vic) ss 7, 8, 40(1), 77–78, 80, 89D(a).

Queensland

HSBC Bank Australia Ltd v Wang & Ors [2021] QSC 58
REAL PROPERTY – TORRENS TITLE – CAVEATS AGAINST DEALINGS – REMOVAL – PARTICULAR CASES – where the first respondents purchased a property on Hope Island (the property) for an amount which was financed by a loan facility provided by the applicant and secured by a first registered mortgage over the property – where the first respondents fell into arrears on the loan and the applicant obtained default judgment for recovery of possession of the property – where the applicant contracted to sell the property to the second respondents – where, prior to settlement of the contract, the first respondents lodged a caveat claiming an equitable interest in the property on the ground that the applicant had failed to act in good faith in exercising its power of sale as mortgagee – where the marketing of the Property was made more difficult by government restrictions imposed during the COVID-19 pandemic and economic uncertainty – where the first respondents contend that the applicant sold the property too rapidly and at a significant undervalue – where the first respondents contend that the applicant should have waited for conditions to improve and continued to market the property – whether the claim that the applicant breached its duty to act in good faith in exercising the power of sale constitutes a serious question to be tried – whether the balance of convenience favours the removal of the caveat
Land Title Act 1994 Qld s 122(1)(c), s 127

Hawke v Brisbane City Council [2021] QPEC 16
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF CODE ASSESSABLE DEVELOPMENT APPLICATION – where proposed development involved demolition of a pre-1947 house – where central issue was whether the subject house contributed to the traditional building character of that part of the street within the Traditional building character overlay. Planning Act 2016 Qld s 45, 60; Planning and Environment Court Act 2016 Qld s 43 

Guernier & Anor v Chelsea on the Park Pty Ltd [2021] QLC 13
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where the applicant owned a mining lease situated on the land of the respondent – whether and, if so, what compensation was payable under s 281(3) of the Mineral Resources Act 1989
Mineral and Energy Resources (Common Provisions) Act 2014 Qld s 91
Mineral Resources Act 1989 Qld s 281

Cases to 22 March 2021

Washington v Skelton [2021] QLC 11
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS – COMPENSATION – where the applicant owned a mining lease situated on the land of the respondent – whether and, if so, what compensation was payable under s 85 of the Mineral Resources Act 1989 

Apex Outdoor Pty Ltd v Cross River Rail Delivery Authority (No 2) [2021] QLC 10
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – where the Court refused an application that would prevent the respondent from calling evidence from a nominated expert – where the respondent sought costs under s 27A of the Land Court Act 2000 on grounds that it successfully resisted the application – where the applicant submitted that costs are governed by s 27 of the Acquisition of Land Act 1967 – where the Court held that s27 of the ALA provides an additional constraint on its discretion to award costs – where the Court held that costs should be reserved pending final determination of the claim. Acquisition of Land Act 1967 Qld s 27, s 27(1), s 27(2); Land Court Act 2000 Qld s 27A

Highgate Partners Qld Pty Ltd v Sunshine Coast Regional Council [2021] QPEC 15
PLANNING AND ENVIRONMENT – APPLICATION – where the applicant was successful in obtaining a development approval granted by order of this Court on 17 October 2008, for staged sub-division of land at Burnside – where that development approval has previously been changed by order of this Court on three occasions: On 29 April 2011, 24 June 2016 and 13 April 2017, with a result of 53 separately owned subdivided lots and a yet to be sub-divided balance lot – where the applicant now seeks that the development approval be changed to facilitate the further staged subdivision of the balance lot – where the application is considered to be for a “minor change” within the meaning of s 78A of the Planning Act 2016 – whether the applicant has satisfied all of the requirements of s 79 of the Planning Act 2016 – whether s 79(1A) of the Planning Act 2016 requires the consent of all the owners – whether the 53 previously subdivided residential lots are “excluded premises” within the meaning of s 79(1A) and Schedule 2 of the Planning Act 2016 – whether the application should be approved upon assessment pursuant to s 81 of the Planning Act 2016
Acts Interpretation Act 1954 Qld ss 14, 14B; Building Act 1975 Qld s 65; Integrated Planning Act 1997 Qld ss 3.5.33(3), 4.1.5A; Planning Act 2016 Qld ss 31, 35, 51, 73, 78, 78A(2), 79, 81, 84, 86, 280, Schedule 2
Planning and Environment Court Act 2016 Qld s 37; Planning Bill 2015 Qld; Sustainable Planning Act 2009 Qld ss 200, 245, 263, 367, 371, 379, 383, 440, 704

The Trust Company Limited v Valuer-General [2021] QLC 9
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – where parties did not agree about the operation of s 22 of the Land Valuation Act 2010 – whether it is necessary to make adjustment to site market value when there is an existing development approval – where the appellants contended a value must be assigned to the development approval so that it may be removed – where the Value-General disagreed with this approach – whether the Valuer-General’s approach includes the development approval as part of the unencumbered estate in fee simple – where the Court held that the existing use assumption does not affect the hypothetical estate in fee simple – where the Court considered it incongruent with the plain words used in s 22 to exclude the value of the development approval – where the appellants argued the Valuer-General's approach wrongly included the value of an intangible improvement as part of the site value – where the Valuer-General did not assert this – where extrinsic material indicates an intention to exclude the added value of a development approval in valuing a property – where the Court considered added value must mean a value other than that inherent in the authorisation of the use – where the Court held that s 22 does not require the valuers to adjust the value of the subject properties to remove the value of their development approval
VALUATION OF LAND – METHODS OF VALUATION – GENERALLY – where the subject properties are used for childcare centres – where the valuers agreed on the direct comparison method but disagreed about whether valuation should be on a rate per square metre of land or a rate per number of approved long day care places – where the Land Valuation Act 2010 does not prescribe a statutory methodology for arriving at the expected realisation of the land – where the appellant contended that their valuation methodology was fitting for the subject site’s highest and best use and was consistent with industry practice – where the Court found the evidence did not establish that method as an industry practice – where statutory valuation must consider that land may be used for any purpose for which it could be used at the date of valuation – where the method used by the valuer for the respondent was conventional and better suited to asses the potentiality of the land
VALUATION OF LAND – METHODS OF VALUATION – COMPARABLE SALES – where the valuers did not agree upon all the comparable sales for each appeal – where the valuers did not agree upon how the comparable sales should be analysed – where the Court rejected the appellants’ valuations because it rejected the methodology used by their valuer – where the Court considered the appellants’ valuer’s evidence about what sales are comparable and how they should be analysed in assessing the valuations made by the respondent’s valuer, whose methodology the Court did accept
Acts Interpretation Act 1954 Qld s 14B(1); Land Court Act 2000 Qld s 7; Land Valuation Act 2010 Qld s 5, s 7, s 16, s 17, s 17(1), s 17(2), s 18, s 19, s 22, s22(2), s 23, s 23(1)(g), s 170(b); Valuation of Land Act 1944 Qld s 3(2B), s 3(4) 

Bond v Chief Executive, Department of Environment and Science [2021] QPEC 14
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND ENVIRONMENT COURT AND ITS PREDECESSORS – PROCEDURE - where the applicant is subject to an Environmental Protection Order as a “related person” under s363AD of the Environmental Protection Act (1994) – where the order required the applicant to lodge a bank Guarantee of $5,500,000 to secure compliance and to carry out specific rehabilitation works – where the operational period of the order has expired – where the rehabilitation works required by the order have been carried out pursuant to a Direction Notice issued to the Department of Natural Resources Mines and Energy
APPLICATION FOR STAY – where the applicant seeks a stay pursuant to s539B(2) of the Environmental Protection Act (1994) of the Environmental Protection Order to which he is subject– where the applicant submits that the stay is necessary to secure the effectiveness of an appeal to this court in relation to the making of the Environmental Protection Order – where a stay has been refused on two earlier occasions – whether “significant” new facts and circumstances have arisen which justify the further application for a stay being made – whether the interests of justice warrant a further hearing of the application – whether it is necessary on the facts to consider competing discretionary factors – whether the application amounts to an abuse of process
Environmental Protection Act 1994 Qld ss 535, 539B, 358, 363AD, 363AG

Legislation

Commonwealth

Industrial Chemicals Environmental Management (Register) Charge (Excise) Bill 2020
HR third reading 18 March 2021 - Part of a package of five bills to establish a national framework to manage the ongoing use, handling and disposal of industrial chemicals, the bill imposes an annual scheduling charge on registered introducers of industrial chemicals, so far as that charge is a duty of excise.

Queensland

Bills Updated in the last week
Liquor (Artisan Liquor) Amendment Bill 2020
Assent Date: 15/03/2021Act No: 4 of 2021 Commences: By Proclamation

Waste Reduction and Recycling (Plastic Items) Amendment Bill 2020
Assent Date: 15/03/2021 Act No: 5 of 2021 Commences: See Act for details

Acts
No 5 Waste Reduction and Recycling (Plastic Items) Amendment Act 2021
19/03/2021

Subordinate legislation as made – 19 March 2021
No 18 First Home Owner Grant and Other Home Owner Grants Regulation 2021
No 19 Land Tax Regulation 2021
No 21 Nature Conservation (Protected Areas Management) (Communications Facility) Amendment Regulation 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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