In the media – National

Changes to Building Code implementation are welcome: ACCI
The Government’s proposed changes to the implementation of the Building Code will help to restore the rule of law to construction sites sooner and should be supported by the Parliament, the Australian Chamber of Commerce and Industry said today (09 February 2017).  More...

Billions wasted on infrastructure projects
A global report finds billions of dollars are wasted on infrastructure projects because of bad planning, bureaucracy and the failure to retain good staff (08 February 2017).  More...

Government secures agreement to toughen building and construction laws
The Federal Government says it has secured an agreement with the Senate crossbench to toughen its building and construction laws (08 February 2017).  More...

Building Activity Set To Peak in 2017
Building activity, particularly for home building businesses, is set for a strong start in 2017, according to the latest national survey of builders. Master Builders National Survey of Building and Construction shows that the positive outlook at the national level (08 February 2017).  More...

In the media – Victoria

Australia's tallest tower to be built in Melbourne
The Victorian Government approves plans for Australia's tallest building — a six-star, 90-storey hotel and apartment complex to be built by casino operator Crown Melbourne (09 February 2017).  More...

In the media – New South Wales

Industry to have bigger say in NABERS – good idea or not?
Industry bodies could have greater influence on the direction of the NABERS rating system if proposed changes to the governance structure are adopted (02 February 2017).  More...

'Massive battle': Santos lodges long-awaited plans for controversial CSG project
Santos has submitted its State Significant Development Application and associated Environmental Impact Statement (EIS) for the new billion-dollar proposed gas field in the Pilliga State Forest and its surrounds. However, long-standing opponents of the plan predict the submission of plans will reignite a war over unconventional gas developments in New South Wales (01 February 2017).  More...

New South Wales’s solar bonanza about to become reality
Three big solar projects in NSW supported by the Australian Renewable Energy Agency (ARENA) are set to begin construction within weeks after getting the financial green light (01 February 2017).  More...

In the media – Queensland

Deputy Premier appointed Transport Minister
Deputy Premier Jackie Trad will be appointed Transport Minister with immediate priorities to fast-track the Strachan blueprint for Queensland Rail and progress the critical Cross River Rail project, Premier Annastacia Palaszczuk said (10 February 2017).  More...

North Queensland Stadium another step closer to kick-off
State Development Minister Dr Anthony Lynham today announced that CPB Contractors, Watpac Construction and Lendlease Building will be invited to tender next week for the managing contractor role. This project is a key component of the Palaszczuk Government’s wider commitment to advancing North Queensland, with more than $2.4 billion in infrastructure improvements allocated in NQ in the 2016-17 State Budget (10 February 2017).  More...

Brisbane to become home to Australia’s tallest timber tower
Brisbane will become home to Australia’s tallest engineered timber tower, being developed by Lendlease and Impact Investment Group. The 5 King Street building, which is located in the Showgrounds urban renewal precinct, will also become the world’s largest engineered timber structure by volume (09 February 2017).  More...

Queensland Apprentices Could Claim Millions in Back Pay
Unions in Queensland could be set to pursue millions of dollars’ worth of back pay claims on behalf of apprentices following a ruling that apprentices should be being paid under more generous federal awards as opposed to state based awards (09 February 2017).  More...

Power boost to support Sunshine Coast’s growth
Energex will recommence work on the $86.7 million SunCoast power project to keep up with the significant investment, development and rapid growth planned for the Sunshine Coast (08 February 2017).  More...

Queensland’s project pipeline continues to lead southern states
The latest Deloitte Access Economics Investment Monitor shows the pipeline of major projects in Queensland still leading New South Wales and Victoria (01 January 2017). More...

Queensland powers ahead with another renewable energy project
Energy Queensland, through Ergon Energy Retail, has entered a 12-year agreement with the Lilyvale Solar Farm in Central Queensland further cementing Queensland’s credentials as a renewable energy hub (31 January 2017).  More...

Palaszczuk Government to look at no-claim bonus for quality builders
Queensland builders with a history of good conduct could be rewarded under new reforms intended to level the playing field in the building industry (31 January 2017).  More...

Published

New coal in Australia: Why the business case doesn't stack up
Climate Institute: 4 February 2017
The Prime Minister made reference to the potential role of ultra-supercritical coal and carbon capture and storage in his address at the National Press Club on Tuesday. This analysis argues that there is no economic reason to invest in this technology.

Australia Bureau of Statistics
02/02/2017 Building Approvals, Australia, Dec 2016 (cat no. 8731.0).

Who moves what where: better informing transport planning for Australians
National Transport Commission: 31 January 2017
This discussion paper seeks stakeholder feedback on the draft recommendations to ministers to better inform and equip Australia’s transport planning decision-makers.

Practice and courts

Public Consultation Paper released outlining plans to modernise airspace protection
National airspace protection is the focus of a new consultation paper released today, with stakeholder feedback being sought on a range of proposals to modernise airspace regulatory arrangements. Submissions on the paper will be accepted until 28 February 2017. To view the Paper and for details on how to make a submission, visit here.

Select Committee into the Resilience of Electricity Infrastructure in a Warming World
The closing date for submissions was 27 January 2017. The committee is due to report to the Senate on or before 24 March 2017.  More...

Senate Inquiry Update
Non-conforming building products
Status: Accepting Submissions; Date Referred: 11 October 2016; Submissions Closed: 01 December 2016; Reporting Date: 25 May 2017.

Announcements, Draft Policies and Plans released 2016

QBCC: Immediate review of building industry financial reporting
The financial-reporting requirements for members of the building industry will be immediately reviewed amid harsh criticism that a policy introduced by the previous QBC Board has weakened the industry regulator's effectiveness in monitoring the financial health of its licensees (08 February 2017).

Queensland Building Plan: discussion paper
The government would be rolling out a comprehensive consultation program through early 2017 with public consultation sessions right across the state. The Queensland Building Plan discussion paper and information about the consultation can be found at www.hpw.qld.gov.au.  Closes: 31 March 2017.  More...

Cases

Power Rental Op Co Australia, LLC v Forge Group Power Pty Ltd (in liq) (receivers and managers appointed) [2017] NSWCA 8
PERSONAL PROPERTY SECURITIES LAW – Personal Property Securities Act 2009 (Cth) ss 8(1)(j), 10, 13(2)(a), 267 – meaning of fixtures and land in s  – whether lease of mobile gas turbines was a PPS lease as defined in s 13 – whether “affixed to land” in s 10 imported common law concepts or a bespoke test.  REAL PROPERTY – fixtures to land – intention of parties – purpose of annexation – whether turbines connected for better enjoyment of turbines themselves or for better enjoyment of land – where lessee contractually obliged to return turbines – temporary nature of annexation – whether analogy with tenant’s fixtures appropriate – degree of annexation - resting by own weight – where removal of turbines would cause no damage to land – where cost of removal does not exceed value of the turbines – where contract includes express term that property in turbines does not pass to owner of land.  STATUTORY INTERPRETATION – general principles – use of extrinsic materials.

Legislation - Commonwealth

Building and Construction Industry (Improving Productivity) Amendment Bill 2017
08/02/2017 - The Building and Construction Industry (Improving Productivity) Amendment Bill 2017 amends a provision of the Building and Construction Industry (Improving Productivity) Act 2016 (the BCI Act) that transitionally exempts building industry participants from the requirement to comply with any enterprise agreement content rules in a document issued under section 34 of the BCI Act as a condition of eligibility to submit expressions of interest, tender for or be awarded Commonwealth funded building work.

 

Contacts:

Brisbane

Troy Lewis, Partner & National Head of Construction and Infrastructure
T: +61 7 3135 0614
E: troy.lewis@holdingredlich.com

Stephen Burton, Partner
T: +61 7 3135 0604
E: stephen.burton@holdingredlich.com

Suzy Cairney, Partner
T: T: +61 7 3135 0684
E: suzy.cairney@holdingredlich.com

Melbourne

Stephen Natoli, Partner
T: +61 3 9321 9796
E: stephen.natoli@holdingredlich.com

Kyle Siebel, Partner
T: +61 3 9321 9877
E: kyle.siebel@holdingredlich.com

Sydney

Scott Alden, Partner
T: +61 2 8083 0419
E: scott.alden@holdingredlich.com

Christine Jones, Partner
T: +61 2 8083 0477
E: christine.jones@holdingredlich.com

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 publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

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