In the media
Commonwealth
Draft NCC 2022 provisions an important step change for
energy efficient homes
The ABCB released draft National Construction Code
provisions on energy efficient residential buildings for public
consultation. The ASBEC welcomes the release of the public
consultation draft as an important step change towards more healthy
and comfortable homes for Australian families (30 August 2021).
More...
Climate risk governance guide
Climate risk is no longer an issue facing select sectors,
but a standing item on many board agendas. To assist directors
address climate change governance, the AICD has developed a
practical guide. The Climate risk governance guide provides a
plain-language introduction to fundamental climate change concepts,
and considers this issue in the context of the non-executive
directors' role and duties (24 August 2021). More...
Finance accepts new land acquisition laws
The Department of Finance has released the findings of a
Review of the Lands Acquisition Act 1989 and accepted all 16
recommendations in full. The Review found that most acquisitions
occur relatively quickly, providing mutually agreed compensation to
landholders, however, it also identified a subset of cases where
landholders could benefit from more (23 August 2021). More...
Australian environmental group sues Santos over clean
energy claims
The ACCR filed a lawsuit in the Federal Court on Thursday,
and says it is the first case in the world to challenge the
validity of a company's net zero emissions target. The ACCR is
suing Santos Ltd alleging the company's statements about gas
being "clean" and having a clear pathway to net zero by
2040 were deceptive (26 August 2021). More...
Victoria
Gurner files plans for $250m Southbank tower
Gurner plans to build a $250 million, 40 storey apartment
tower at Southbank, adding to its $7 billion pipeline and
signalling confidence in a resurgent Melbourne apartment market (01
September 2021). More...
New strategy, planning controls for Fishermans
Bend
A new plan to build a centre of high-value industries and
jobs at Fishermans Bend unveiled today positions Victoria at the
forefront of global advanced manufacturing, engineering and design
innovation. The Advancing Manufacturing statement which outlines
five key priorities for the Fishermans Bend National Employment and
Innovation Cluster (01 September 2021). More...
Updated plans for Junction Place
A revised masterplan for the landmark Junction Place
precinct in Wodonga will be shared in the coming weeks, with a
refreshed vision for the site aimed at creating jobs and
stimulating economic growth, while also responding to renewed
interest in regional Victoria (31 August 2021). More...
Fortis adds $90m tower plan to Melbourne pipeline
Sydney-based developer Fortis' burgeoning Melbourne
pipeline has expanded with plans for a $90-million mixed-use
development in Richmond now before the council (31 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...
NSW
Delay to removal of flammable cladding from NSW
apartment buildings
The removal of cladding from the apartment towers as part
of a state government project has been delayed until early next
year (02 September 2021). More...
'Most risky' certifiers of NSW apartment
buildings in watchdog's sights
Almost a dozen certifiers will be put under intense
scrutiny by the state's building watchdog as it attempts to
boost public confidence in apartments (31 August 2021). More...
NSW government finally sees the light, ditches dark
roofs
The NSW government has finally responded to the pressing
issues of urban heat islands and energy efficiency by prohibiting
dark coloured roofs on new developments in the suburb of Wilton in
Sydney's south-west (The Wilton Development Control Plan (25
August 2021). More...
"Great day for environmental justice" as EPA
ordered to take action on climate change
A landmark ruling by the NSW Land and Environment Court
will require the state EPA to take action on greenhouse gas
emissions and climate change. It follows a case launched by
Bushfire Survivors for Climate Action against the EPA. Read the EPA
statement here (26 August 2021). More...
Green ban on Willow Grove lifted
NSW Minister for the Arts Don Harwin has announced that
the green ban imposed by the Construction, Forestry, Maritime,
Mining and Energy Union on Parramatta's Willow Grove site will
be lifted today. This decision follows consultation with the
community resulting in the retention of significant heritage items
(24 August 2021). More...
Queensland
CBD space fight erupts as developer behind city tower
hits out at hotel plan
In an objection lodged with Brisbane City Council,
property group Mirvac said its support for city revitalisation
could not extend to "unreasonable" hotel plans at the
corner of Roma and Turbot streets (01 September 2021). More...
New Palaszczuk Government regional quarantine facility
to keep Queenslanders safe
A dedicated regional quarantine facility will be built at
Wellcamp, Toowoomba under a joint agreement between the Palaszczuk
Government and the landowner, Wagner Corporation (26 August 2021).
More...
Broken ground for Queensland's first Build-to-Rent
project
Work is officially underway on the Palaszczuk
Government's first Build-to-Rent development, providing a boost
to jobs in the construction sector and making affordable housing
more accessible (24 August 2021). More...
City centres evolve as the pandemic changes the way we
work
The COVID-19 pandemic will mean 10 per cent fewer people
will work in Australia's city centres, while CBD office spaces
will get smaller, Australia's chief infrastructure body
believes. The changes will mean more professional workers will
shift to regional centres close to capital cities, including the
Gold and Sunshine coasts, Ipswich and Logan (22 August 2021).
More...
In Practice and Courts
Commonwealth
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.
Register of Foreign-owned Water Entitlements
This draft report was released on 17 August 2021.The draft
report presents the Commission's preliminary analysis and views
on the rationales for the Register, its effectiveness, costs and
benefits, and possible improvements, for both its current and
future forms.The Commission will seek further information and
feedback following the release of a draft report in August 2021.
Draft report expected to be released in August 2021.
More...
Announcements, Draft Policies and Plans released 2021
Victoria
Ministerial Direction No. 1 - Potentially Contaminated
Land
An updated Ministerial Direction No. 1 - Potentially
Contaminated Land
incorporating changes to align with the
Environment Protection Act 2017 was gazetted on 27 August 2021 and
is available on the DELWP website. More...
Approvals
Melbourne C371melb applies the Specific
Controls Overlay to part of the land at 221-245 Salmon Street, Port
Melbourne to facilitate its use and development for a new campus
for the University of Melbourne by inserting an incorporated
document titled 'The University of Melbourne Fishermans Bend
Campus, August 2020' and making other consequential changes to
the Melbourne Planning Scheme.
Melbourne C392melb introduces new policy
direction for the Fishermans Bend Employment Precinct at Clause
21.16 (Other local areas), applies a new schedule 74 to the Design
and Development Overlay to the precinct on an interim basis until
31 January 2022 and makes other associated changes to the Melbourne
Planning Scheme.
NSW
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...
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.
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...
Proposed citywide amendment to Brisbane City Plan 2014
(Amendment K)
Brisbane City Council was seeking public consultation on
proposed changes to Brisbane City Plan 2014 - Major Amendment package
K. Public consultation has now closed (24 August 2021). The
changes proposed to City Plan under Major amendment package K are
summarised here. The full details of the proposed amendment
can be found on City Plan online and the details of zone
and overlay mapping changes can be found in the schedule of amendments.
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.
Submissions are now being accepted. Submissions close on 8 October
2021.
Cases
Victoria
Thorpe v Head, Transport for Victoria
& Ors (Ruling No 2) [2021] VSC
533
INJUNCTION - Aboriginal Cultural Heritage - request for directions
- whether specified categories of activities are caught by the
interlocutory injunction - maintenance works - injunction must be
sufficiently clear - purpose and context of injunction - preserving
the status quo - proper construction of the term 'associated
works' - Aboriginal Heritage Act 2006 (Vic) - Aboriginal
Heritage Regulations 2018 (Vic) - Deal v Father Pius
Kodakkathanath [2016] HCA 31; (2016) 258 CLR 281
- Kia Australia Pty Ltd v Chief Executive Officer,
Customs [1998] 1060 FCA - Owen Daniel (A
pseudonym) v Secretary to the Department of
Justice [2015] VSCA 10 - Winslow Constructors v
Mt Holden Estates [2004] VSCA 159; [2004] 10 VR
435.
Willis v Johnson
[2021] NSWLEC 1513
TREES (DISPUTES BETWEEN NEIGHBOURS) - part 2 application -
overhanging tree - damage to property - risk of injury - brush
turkeys - brush turkey faeces - fire - debris - mould - remedy or
prevention is not available under the Trees Act.
Horseshoe Properties Pty Ltd v Tweed
Shire Council [2021] NSWLEC
1507
MODIFICATION APPLICATION - seeks to modify 101 lot residential
subdivision - increase in number of lots to 110 - extension of
approved road, deletion of open space to be dedicated to Council
from one location and to be provided in another location -whether
the development as proposed to be amended is substantially the same
as the development as originally approved - other merit issues not
necessary to consider.
The Owners - Strata Plan 3346 v The
Owners - Strata Plan 10848 [2021] NSWLEC
1504
TREES (DISPUTES BETWEEN NEIGHBOURS) - part 2 application - damage
to property - trees have been removed but stumps remain - consent
orders other than apportionment - actions and omissions of the
parties.
Bushfire Survivors for Climate Action
Incorporated v Environment Protection
Authority [2021] NSWLEC
92
JUDICIAL REVIEW - public duty - failure to perform - duty to
develop environmental quality objectives, guidelines and policies
to ensure environment protection - meaning and content of duty -
discretion in performing duty - controls on the exercise of
discretion - duty requires the development of objectives,
guidelines and policies to ensure environment protection from
climate change - breach of duty - mandamus to compel performance of
duty.
Queensland
Robertson & Ors v Brisbane City
Council & Ors [2021] QPEC
44
PLANNING AND ENVIRONMENT - APPEAL AGAINST APPROVAL - ORIGINATING
APPLICATION - where respondent council approved development
application for permit for building works and material change of
use for multiple dwellings - where development application approved
subject to conditions requiring work on Transport Network to remove
existing safety barrier for the purposes of refuse collection -
where originating application sought declaratory relief - where
relief sought concerned declaration that decision notice approving
development application was void and to no effect - where
declaration sought that decision notice be set aside - where
application dismissed
ASSESSMENT BENCHMARKS - where development application approved
subject to code assessment - whether jurisdictional error as to
basis of assessment - whether development application ought have
been impact assessable - whether proper construction of development
application such that it can be inferred the developer sought
approval for four storey dwelling - whether rooftop area comprising
lift shaft and stairs constitutes storey - whether approval of
development application unreasonable in context - whether council
failed to exercise statutory discretion to approve or refuse
development application
Planning Act 2016 Qld s 60; Planning and Environment Court Act 2016
Qld s 11.
The Proprietors Cathedral Village BUP
106957 v Cathedral Place Community Body
Corporate [2021] QCA
186
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS -
JUDGMENTS AND ORDERS - OTHER CASES - where the applicant paid the
respondent an amount pursuant to a District Court judgment - where
that judgment was successfully appealed and remitted to the
District Court - where the respondent did not repay the judgment
amount to the applicant - whether the judgment amount should be
repaid to the applicant with interest and costs. Civil Proceedings
Act 2001 Qld s 58(3), s 59(3); Mixed Use Development Act 1993 Qld s
193.
McKay v Brisbane City Council &
Anor; Panozzo v Brisbane City Council
& Anor; Jensen v Brisbane City
Council & Anor [2021] QPEC
42
PLANNING AND ENVIRONMENT - APPEAL - submitter appeal against
approval of a development application seeking a development permit
for material change of use for a six storey multiple dwelling in
the Medium density residential zone - whether the proposed
development is of an appropriate height, bulk and scale - whether
the proposed development will contribute to a cohesive streetscape
- whether the proposed development will be compatible with the
existing and intended character of the area - whether the proposed
development will cause any unacceptable amenity impact - whether
the proposed development provides for adequate deep planting and
landscaping - whether there is a need for the proposed development
- whether there are relevant matters that support approval of the
proposed development - whether the development application for the
proposed development should be approved in the exercise of the
planning discretion
Planning Act 2016 Qld s 45, s 59, s 60; Planning and Environment
Court Act 2016 Qld s 43, s 45, s 47.
Krieg v Woolgar Valley Aboriginal
Corporation [2021] QLC
28
ENERGY AND RESOURCES - MINERALS - MINING FOR MINERALS -
COMPENSATION - where the applicant requires compensation to be
decided - where the respondent at different stages of negotiations
referred to conduct and compensation - where the respondents offer
was contingent on agreement to pay legal and valuation costs ¬-
where the respondent is an Aboriginal Corporation - where the
applicant is subject to the laws of general application including
the Aboriginal Cultural Heritage Act 2004 (Qld) - where
valuer's report was provided - where compensation was
determined
ENERGY AND RESOURCES - MINERALS - MINING FOR MINERALS - OTHER
MATTERS - where costs were considered -- where the Court considered
the discretion to award costs for 'legal costs' ought not
be exercised - where the Court was assisted by the valuer's
report - where each party should bear half the cost of the
valuation report Mineral Resources Act 1989 Qld s 281(3); Land
Court Act 2000 Qld s 7, s 34.
Odna Group Pty Ltd v Logan City
Council [2021] QPEC
41
PLANNING AND ENVIRONMENT - APPEAL - appeal against refusal of a
development application for operational works for an electronic
advertising device - whether the development conflicts with the
advertising device code in the planning scheme - whether the
advertising device would materially affect the safety of the
movement network - whether the proposal complies with either the
performance outcome or the purpose and overall outcome of the code,
given the operation of the acceptable outcomes is excluded in
relation to safety - whether the advertising device would
materially adversely affect, rather than protect, the visual
amenity of the surrounding area - whether the acceptable outcomes
are met where, in part, they refer to standards for various signs,
none of which fit the description of the proposal - whether the
proposal meets the performance outcomes or the purpose and overall
outcomes in relation to visual amenity - whether public benefit
supports the favourable exercise of discretion Planning Act 2016
Qld ss 45(3), 60(2); Planning and Environment Court Act 2016 Qld ss
43, 45, 47.
Legislation
Victoria
Statutory Rules
No 107 Land Amendment Regulations
2021 31/08/2021
No 109 Land (Regulated Watercourse Land) Regulations
2021 31/08/2021
No 110 Conservation, Forests and Lands (Infringement
Notice) Amendment (Flora and Fauna Guarantee) Regulations
2021 31/08/2021
NSW
Regulations and other miscellaneous instruments
Residential Apartment Buildings (Compliance and
Enforcement Powers) Amendment (Miscellaneous) Regulation
2021 (2021-510) - published LW 3 September 2021
Contaminated Land Management (Adjustable Amounts)
Notice 2021 (2021-478) - published LW 27 August 2021
Protection of the Environment Operations (Clean
Air) Regulation 2021 (2021-485) - published LW 27 August
2021
Protection of the Environment Operations (General)
Regulation 2021 (2021-486) - published LW 27 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.
