In the media
Developers in drive for carbon-neutrality
Major developers are now challenging themselves more than
ever before to become the champions of change in sustainability and
to have as carbon-neutral projects as possible. What was a decade
ago a tick-the-box exercise to have a green star building, looking
after the environment from the ground up is now as important as
generating profits (14 August 2021).
Victoria
Solar power boost for volunteer community groups
Volunteer community groups will soon be saving thousands
of dollars on energy costs by installing solar PV systems at no
cost, thanks to the Andrews Labor Government (20 August 2021). More...
Powering the potential of neighbourhood batteries
The Victorian Government has awarded grants to jumpstart
the roll-out of neighbourhood-scale batteries and energy storage
studies to maximise benefits of solar for households, businesses
and community (20 August 2021). More...
Council endorses climate declarations
Three climate declarations were endorsed by City of
Melbourne councillors at the Future Melbourne Committee meeting -
Better Futures Australia, Edinburgh, and C40 Renewable Energy (18
August 2021). More...
Proposed measures to protect Melbourne's parks
City of Melbourne councillors will consider new laws to
safeguard Melbourne's winter sunlight, protecting more than 100
city parks from unreasonable overshadowing by new developments (17
August 2021). More...
Science meets mechanical fuel treatment
PHOENIX Rapidfire is a bushfire simulator developed by
researchers at The University of Melbourne. It is mainly used
during summer to predict the path of bushfires, it can also be used
for strategic planning, fuel treatment testing scenarios, and to
monitor risk in planned burn sites (16 August 2021). More...
Golf range dispute highlights fight for Melbourne's
green wedges
A golf driving range approved for Balnarring has come to
symbolise the debate over Melbourne's green wedges, which are
now under review (13 August 2021). More...
What EPA wants stone cutters to know
EPA officers conducted more than 30 inspections at
businesses in the Heidelberg West Industrial Estate after Darebin
Creek - to the west of the estate - was plagued by pollution
problems for several years. EPA Northern Metropolitan Regional
Manager Jeremy Settle says the operation targeting the industrial
estate made use of improved sources of information (13 August
2021). More...
Pocket park, underground power to energise Noble
Park
Noble Park residents will enjoy brighter and greener
streets and public spaces under a rejuvenation program backed by
the Victorian Government. Minister for Suburban Development Shaun
Leane announced the $1.3 million works in Ian and Frank streets as
part of the Noble Park Suburban Revitalisation program (13 August
2021). More...
NSW
Sydney to become a new green zone
NSW is proposing new planning rules that will cut red
tape, making it easier for homeowners to install solar batteries
and for telcos to install technology to improve mobile and internet
coverage (19 August 2021). More...
'Nightmare': Changed orders keep buyers locked
into defective Parramatta towers
Apartment buyers are demanding to know why the state's
building watchdog altered prohibition orders for the twin 22-storey
towers last month that could prevent them from getting their
deposits back (12 August 2021). More...
Stokes warns against delays to developer levies
shake-up
The Planning Minister's plans for a major overhaul of
levies to help pay for infrastructure projects has been dealt a
setback (11 August 2021). More...
Ground breaking recycling projects to roll out across
NSW
The Australian and New South Wales Governments have
announced 22 new recycling projects across metropolitan and
regional NSW as part of a $600 million national rollout of
recycling infrastructure (09 August 2021). More...
Developer reps slam proposed boarding house and
co-living changes for NSW
Those with a foot in developer camps have slammed proposed
changes to NSW housing policy, saying they will have the opposite
effect to what is desired and that government planners should start
again with the policy from scratch (06 August 2021). More...
Queensland
Pastoral company fined for land clearing in state
forest
A pastoral company has been fined $18,000 in the Dalby
Magistrates Court after pleading guilty to illegally clearing land
in the Kumbarilla State Forest, southwest of Dalby. The company was
also ordered to pay $1,500 in legal costs (16 August 2021). More...
Brisbane quarantine facility gets green light
A 1000-bed facility to "end to leaks from hotel
quarantine" got the green light near Brisbane Airport. A
memorandum of understanding was signed by the state and federal
governments for the facility to be built by mid-2022 on a
29-hectare site. More...
MOU signed on proposed quarantine facility in
Brisbane
The Queensland Government has signed a Memorandum of
Understanding (MoU) on the Australian
Government's Pinkenba quarantine facility bringing it a step
closer to reality (16 August 2021). More...
Making renewables work for Queensland workers, families
and communities
Minister for Energy, Renewables and Hydrogen Mick de Brenni
launched public consultation to collect community feedback on
Queensland's renewable energy zones (QREZs).
This will be the first time in the nation that communities will be
able to have their say on how renewable projects and energy
infrastructure within the QREZ (10 August 2021). More...
In Practice and Courts
PCA: Draft recovery plan for the Koala
released for public consultation
The Federal Government has released the draft National
Recovery Plan for the EPBC Act-listed Koala, identifying strategic
actions to support recovery of the nationally threatened species.
The public consultation period is open until 24 September
2021.
The draft conservation advice listing assessment for the koala is
also open for consultation until 30 July 2021. This document will
be incorporated into the draft National Recovery Plan as
well.
For more information on the draft national recovery plan, please
click here.
For more information on the draft conservation advice and listing
assessment for the koala , please click here.
Call for nominations - threatened species, ecological
communities or key threatening processes
Nominations are invited for species, ecological
communities or key threatening processes to be considered for
listing under national environment law during the assessment period
starting 1 October 2021. More...
GBCA: Green Star certification 2021 dates for your
project
The guidelines below (based on typical time frames),
specify the deadlines you'll need to meet in order to have your
project certified in time for key milestones (2021). More...
Announcements, Draft Policies and Plans released 2021
Victoria
Approvals
GC190 applies the Public Acquisition Overlay
to reserve the land for the compulsory acquisition of the land by
the Minister for Health for the future development of the Melton
Hospital and community hospitals in Torquay, Point Cook and
Pakenham.
VC196 changes the VPP and all planning schemes
in Victoria by: Providing stronger recognition and protection of
existing extractive industries, and to designate land with
State-significant earth resources, where extractive industries may
be established in the future, as strategic extractive resource
areas.
NSW
NSW LEC Judicial newsletters
Provide useful summaries of recent developments in
legislation, regulations, planning policies and case law both in
the Land and Environment Court and in appeal courts. View the Vol 13 Issue 2 - issued 17 August 2021.
Industrial lands policy review
The Greater Sydney Commission is undertaking a review of
the Industrial and Urban Services Lands Retain and Manage policy
under the Greater Sydney Region Plan. The policy applies to
industrial areas in Greater Sydney that should be safeguarded from
competing land use pressures. Submission close on13 August 2021.
The review is scheduled to be completed by the end of 2021. More...
Draft noise guide for local government
Public consultation closes on 27 September 2021. The draft
Guide makes it easier to find information on the legislative
framework to manage noise, who is responsible for managing noise,
and the options for management. The draft Guide also reflects
changes introduced by the Protection of the Environment (Noise
Control) Regulation 2017 and other legislative changes since 2013.
View the Draft Noise Guide for Local Government and
frequently asked questions and have your say on the proposed
changes.
Short-term rental accommodation policy
This framework includes limits on the number of days'
properties can be rented out in certain circumstances, new fire
safety standards, a government-run register, mandatory Code of
Conduct and an exclusion register to ensure properties are up to
scratch. The policy comes into effect on 30 July 2021. For more
information visit www.planning.nsw.gov.au/STRA. Policy update
Government to delay introduction to November 1 2021.
Further extension of strata and community lands COVID-19
Regulations
The Strata Schemes Management Amendment (COVID-19)
Regulation 2021 and Community Land Management Amendment (COVID-19)
Regulation 2021 commenced on 12 May 2021. Practitioners should
note that the relief measures introduced for the holding of
meetings have not been extended. The temporary measures for
execution of documents have been extended until 12 November
2021.
Inquiry into flammable cladding and private
certification
The NSW Upper House Public Accountability Committee will
report on flammable cladding and private certification as part of a
further inquiry into the regulation of building standards. View the
terms of reference, Submissions close 29
August 2021.
More...
New flood-prone planning to combat disasters
Safety and certainty are at the heart of the release of
the NSW Government's updated flood-prone land planning and
development rules and guidelines, with the launch of the Flood
Prone Land Package. For more information visit the flooding web page. More...
NSW Planning Department: Have your say - draft plans and policies
Telecommunications and other communication
facilities
Notification start-end date 16/08/2021 - 13/09/2021
We have prepared an amendment to the Infrastructure SEPP to help
speed up the delivery of new telecommunications infrastructure. The
proposed amendments will simplify planning pathways for
telecommunications infrastructure. More...
Electricity generating works or solar energy
systems
Notification start-end date 16/08/2021 - 13/09/2021
The NSW Government is making it easier to install solar energy
battery systems in your home. The proposed changes will make
household scale solar batteries systems exempt development. This
means you will not need development consent, under the amended the
State Environmental Planning Policy (Infrastructure) 2007. More...
Proposed Environmental Planning and Assessment
Regulation 2021
Notification start-end date 05/08/2021 - 22/09/2021
We are seeking feedback on proposed changes to the Environmental
Planning and Assessment Regulation 2000. These changes are detailed
in the exhibition draft of the proposed Environmental Planning and
Assessment Regulation 2021 and supporting materials at the attached
link. More...
Queensland
Public consultation: Queensland's renewable energy
zones (QREZs)
Public consultation would be followed by a technical paper
later in the year, for feedback from industry and other energy
stakeholders on the framework for QREZ design and access. The
online survey is open until 30 September 2021. More...
Queensland climate action consultation
Open until 27 August 2021; Department of Environment and
Science
Have your say on the future of Queensland's climate action. More...
Brisbane City Council proposed citywide amendment -
major amendment package K
The Property Council provided industry feedback on the
proposed changes to the proposed citywide amendment - Major
amendment package K. The council's industrial strategy Our Productive Future: Brisbane's Industrial
Future is also out for consultation and this submission was a
chance to outline the importance of the strategy and the proposed
amendments aligning to unlock the future economic potential of the
industrial sector to Brisbane (19 August 2021).
Land Restoration Fund: Round 2
Applications are open for the Land Restoration Fund Investment Round 2. For
more information about details required under Stage 1 and 2 read
the LRF Investment Application Guidelines.
Acceptance of offers - offers will be conveyed to successful
applicants in the form of a Project Investment Agreement. Updated 12
August 2021.
Prosecution bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions. More...
Cases
Victoria
The People of the Small Town of
Hawkesdale Incorporated v Minister for Planning
[2021] VSC 510
ADMINISTRATIVE LAW - Judicial review - planning permit for
development and use of land as wind farm - Request for extension of
time for completion of development before expiry of permit -
Minister's decision to extend time - standing of plaintiff -
where plaintiff is an incorporated association - principles
concerning standing - whether plaintiff has a special interest in
the subject matter of the proceeding - where plaintiff formed
association in order to bring proceeding - whether the association
can derive standing from the interests of its members - Plaintiff
has no standing - validity of extension decision - whether
Minister's power in s 69(2) of the Planning and Environment Act
1987 (Vic) to extend permit was enlivened - who requested the
extension - Whether Minister had an alternative power to extend
permit pursuant to permit condition - whether Minister's
decision affected by error of law on the face of the record -
Minister's decision not invalid - proceeding dismissed -
Planning and Environment Act 1987 (Vic), ss 62, 68, 69.
Brooks v Stonnington CC (Red
Dot) [2021] VCAT
930
Whether existing use rights for land are lost on
demolition of all buildings on that land
LOCATION OF PASSAGE OF INTEREST Paragraphs 44 to 69
REASONS WHY DECISION IS OF INTEREST OR SIGNIFICANCE LAW - issue of
interpretation or application
Existing use rights
PLANNING SCHEME - interpretation or consideration of VPP provision
Clause 63.10
ANALYSIS - exposition of how to assess an issue or matters to
consider - whether 'destruction' of a building in clause
63.10 includes 'demolition' of the building
CHANGE TO LEGISLATION OR VPPS - whether change to VPPs or statutory
provisions is required or desirable
The decision is forwarded to the Minister for Planning to consider
whether any amendment to clause 63.10 is warranted.
NSW
Ku-ring-gai Council v Buyozo Pty
Ltd [2021] NSWCA
177
ENVIRONMENT AND PLANNING - consent - application to modify
consent - condition of consent requiring payment of monetary
contribution - power to reduce contribution - no change to
development - contribution paid in full - calculation of
contribution - construction of "gross floor area"-
loading areas excluded - only loading areas in approved plans
excluded - no utility in modification.
Turnbull v Office of Environment and
Heritage [2021] NSWCCA
190
CRIME - accusatorial principle - admissions in civil
proceedings sought to be used in subsequent criminal prosecution -
plaintiff and prosecutor same legal person - admissions made
voluntarily and on legal advice of counsel - admissions made in
open court - applicant deposed he would not have made admissions if
advised of possible criminal prosecution - use of admissions in
subsequent criminal proceedings said to breach accusatorial
principle - application for a stay distinguished - practical
difficulties in restraining use of admissions ENVIRONMENT AND
PLANNING - land clearing offence prosecuted in Land and Environment
Court - Class 4 and Class 5 jurisdictions - proceedings based on
same alleged acts commenced in both jurisdictions - admissions made
disputing extent of civil contravention of Native Vegetation
Act.
Queensland
Cheung & Ors v Brisbane City
Council & Ors [2021] QPEC
39
PLANNING AND ENVIRONMENT - CONSOLIDATED APPEALS - where
the appellants appeal a decision by the Brisbane City Council to
approve a development application to build a 28 dwelling unit
complex on 5,335m2 of land at Ascot - whether the development is of
such a bulk, form, intensity and height and scale that it complies
with the assessment benchmarks of the Brisbane City Plan - whether
the impacts of the development on local amenity comply with the
assessment benchmarks of the Brisbane City Plan - whether the
development is to be considered an 'overdevelopment' under
the Brisbane City Plan - whether there are other relevant matters
in favour of approval
Planning Act 2016 Qld ss 43, 59; Planning and Environment Court Act
2016 Qld ss 43, 45, 46(2), 47; Planning Regulation 2017 Qld s
31(1), Schedule 24.
Fabcot v Cairns Regional Council (No
2) [2021] QPEC 40
PLANNING & ENVIRONMENT - APPLICATION - Application to
adduce further evidence at the remitted hearing of the appeal -
extent to which further evidence should be adduced
Planning Act 2016 Qld ss 45, 60; Planning and Environment Court Act
2016 Qld ss 46, 63, 65.
Legislation
Victoria
Statutory Rules
Date of assent: 10 August 2021
Energy Legislation Amendment (Energy Fairness) Act
2021 (Vic)
Act Number: 28/2021
NSW
Proclamations commencing Acts
Local Government Amendment (Governance and
Planning) Act 2016 No 38 (2021-453) - published LW 20 August
2021.
Regulations and other miscellaneous instruments
Local Government (General) Amendment (Integrated
Planning and Reporting) Regulation 2021 (2021-459) - published
LW 20 August 2021.
Local Government (Manufactured Home Estates,
Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation
2021 (2021-461) - published LW 20 August 2021.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.