What’s New - Property Planning & Environment

Australia is facing a homeless crisis with more than 200,000 tenants in rented accommodation forecast to face eviction by next year - 80,000 in NSW alone. Tenants are deemed to be in breach of contracts if they fall two weeks behind with rent. With many of Australia's 1.9 million landlords needing the rent to cover mortgage payments, few give the tenants much extra time to pay arrears and tenants can find themselves on the streets within weeks (05 April 2009)

The Rudd Government's troubled climate change plan came under increased pressure yesterday after a more ambitious proposal to cut greenhouse pollution and promote jobs in clean energy was unveiled by the US. The Congress plan, backed by leading US Democrats, also potentially threatens Australia's high-polluting exporters with tariff barriers (02 April 2009)

The cost of a defamation action against former Douglas Shire mayor Mike Berwick has been borne by the Cairns Regional Council's insurers. Mr Berwick was sued by prominent developer and rival barra-mundi farmer Jeff McCloy over comments made about development on Mr McCloy’s Wonga Beach property. The details of the damages and costs settlement have not been made public and both Mr McCloy and Mr Berwick have been bound by a confidentiality agreement (04 April 2009)

Carbon trading in Australia will create millions of new green-collar jobs by expanding traditional industries and creating new ones, says the CSIRO's senior science leader (03 April 2009)

The Queensland Government says Cape York communities in the state's far north will not be disadvantaged by the declaration of three more so-called 'wild rivers'. Natural Resources Minister Stephen Robertson says the declaration does not stop activities like mining and grazing, but any development has to be environmentally sensitive (03 April 2009)

Almost 1400 Queensland schools are booked for a federally-funded facelift. Federal Education Minister Julia Gillard has announced that 1,359 schools in Queensland will share in $195.3 million for minor infrastructure and refurbishment projects (05 April 2009)

An environmental group says it is shocked by the Sunshine Coast Council's plans to allow future sand mining at Meridan Plains near Caloundra. The council wants to amend its planning scheme to allow mining in the 100 hectare Meridian Plains Extractive Resource Area (06 April 2009)

The State Government must outline contingency plans for the $4.8 billion Airport Link tunnel project now threatened by legal action in Melbourne and Brisbane, according to new Opposition Leader John-Paul Langbroek. Leighton Holdings, which has a contract to build the infrastructure for the toll road, has argued the wind-up proposal is not in the best interests of unitholders (03 April 2009)

 

Residents in south-east of Brisbane face the prospect of another legal stoush over plans to build a gravel quarry pit near their homes, with company set to challenge the ruling in the Court of Appeal. The Barro Group argues the proposed expansion will allow the company to rehabilitate the existing quarry area and restore the natural environment. Environmentalists have accused the Barro Group of extracting millions of dollars' worth of construction materials from a Government-owned road (03 April 2009)

 

Townsville bouncers have been put on notice and risk losing their security licences and jobs if caught accepting bribes from drunken, banned or underage nightclubbers seeking access to licensed venues.
Fair Trading Minister Peter Lawlor confirmed that his department was making formal inquiries following ‘disturbing’ allegations (02 April 2009)

Extra time for SEQ Regional Plan submissions

South East Queenslanders have an extra month to provide feedback on the draft SEQ Regional Plan 2009 – 2031. The focus of the growth will remain the Western Corridor, where the population will expand twice as fast as Brisbane and the coastal areas each year on average.” The natural environment is featuring strongly so far with feedback around koala issues, biodiversity, air, noise and coastal management (31 March 2009)

 

The draft Far North Queensland Regional Plan has taken out the top award at the Planning Institute of Australia’s National Awards for Planning Excellence. The draft plan also won the Rural and Regional Planning Achievement award, for its strategic approach to encourage development into less sensitive areas that can be serviced by public transport and its examination of climate change issues.

The Real Estate Institute of Australia welcomes decision to exempt trust accounts from Commonwealth’s Guarantee Scheme for Large Depots. In the case of real estate agents this cost cannot be offset against interest earned as all interest accrued on trust accounts is automatically transferred to the state and territory governments (31 March 2009)

Brisbane airport achieves top “quality of service” ranking for the fifth year running in ACCC airport monitoring report. The annual report evaluates the performance of Brisbane, Sydney, Melbourne, Perth and Adelaide airports to increase transparency within airport operations. The Government notes preliminary concerns from the ACCC that airport car parking charges may be being set above an efficient level (31 March 2009)

Brisbane City Council has revised its plans for the Howard Smith Wharves underneath the Story Bridge, tucking a proposed boutique hotel in closer to the cliffs and keeping the area's historic air raid shelters (31 March 2009)

 

Author: Sarah Sharples

Source: Lawyers Weekly, No 429 27 March 2009: p10

As crews continue the clean-up of the oil spill off the south-east Queensland coast, prosecutions, compensation claims and international treaties will all play an important role in ensuring those responsible are held accountable

Author: Dr GregTaylor

Source, Property Law Journal, Vol 16, No 3, March 2009: p175

Author: Mark Hilton and Jeanette Barbaro

Source, Property Law Journal, Vol 16, No 3, March 2009: p200

Author: Eileen Webb

Source, Property Law Journal, Vol 16, No 3, March 2009:p219

Author: Dr Kristy Richardson and Kate Galloway

Source, Property Law Journal, Vol 16, No 3, March 2009: p245

Author: Dr Sophie Riley and Dr Grace Li

Source, Property Law Journal, Vol 16, No 3, March 2009: p262

Author: Dr Heather Conway

Source, Property Law Journal, Vol 16, No 3, March 2009: p2

The draft South East Queensland (SEQ) Regional Plan and the draft state planning regulatory provisions are open for submissions from December 2008 to 1 May 2009 (extended closing date).

Seven of the emissions-intensive trade-exposed activities that may be eligible for free permits under the Carbon Pollution Reduction Scheme have had their activity defined to allow for the next stage of data collection. Firms will receive free permits in relation to their production levels and calculated by reference to the average emissions of their particular industry activity for Silicon, Carbon black, Glass containers, Fused alumina, Synthetic rutile, Methanol Zinc smelting. The approved activity definitions are available at:

http://www.climatechange.gov.au/(01 April 2009)

 

This instrument lists the bodies to receive Roads to Recovery funding between July 2009 and June 2014 and the amounts each is entitled to receive. Date Registered: 31/03/2009

Disaster Management (Further Extension of Disaster Situation—Brisbane) Regulation (No. 2) (SL No 29 of 2009)

 

Claim against fund- PAMDA ss408, 470(1), 488, 489, 490, 530, 574- Failure by motor dealer company to pay out finance agreement as promised- Circumstances in which company officers not “responsible”

Company in liquidation- Whether proceedings against company valid without leave to proceed under s 471B of Corporations Law- Analysis of proceedings for claim against fund- Leave to proceed not required in claims against fund under PAMDA.

 

JUDGMENT – SUMMARY JUDGMENT – second application – whether leave should be granted - whether no real prospects of defence – whether need for a trial of the issues – where application for summary judgment dismissed - Nightbreeze relied upon acts of performance to establish the contract was formed - case has not been pleaded

 

Integrated Planning Act 1997, s4.1.52(2)(b) - changes to proposed residential development considered minor change - relocation further from important vegetation

LANDLORD AND TENANT – RENT – PROVISIONS AS TO RENT IN AGREEMENT FOR LEASE OR LEASE – RENT REVIEW CLAUSES – TIME – where applicant and respondent are respectively the lessee and the lessor of commercial premises – where lease is for a term of six years commencing on 1 July 2004 with an option to renew for four years expiring on 30 June 2014 – where lease provides for a base rent and two mechanisms for its review (fixed percentage reviews and market reviews) – where these reviews are to occur as at Review Dates listed in the Reference Schedule – where dispute relates to the market review as at 1 July 2008 – where procedure for initiating rent review is provided for by clause 2(a) of Schedule 3 – where clause 2(a) confers a power upon the lessor to serve a notice reviewing the Base Rent which notice may be served at any time during a specified period – where that period commences "three (3) months before a Market Review Date" and expires "on the next Market Review Date (or, if there is no following Market Review Date under this lease…the expiration of the Term)" – whether "next Market Review Date" denotes the very same date as the subject Market Review Date or whether "next Market Review Date" means the Market Review Date which is next after the subject Market Review Date – where lessor gave notice to the lessee on 30 October 2008 – whether that notice was a valid notice for the purpose of clause 2(a) – application dismissed, applicant pay costs

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – WHAT IS – DISTINCTION BETWEEN QUESTION OF LAW AND QUESTION OF FACT – where applicant raised numerous grounds of appeal against initial judgment – whether applicant could demonstrate an error on the part of the trial judge – whether applicant raised any errors of law

REAL PROPERTY – STRATA AND RELATED TITLES AND OCCUPANCY – COMMON PROPERTY – whether the grant of an exclusive licence amounts to a disposition of common property

REAL PROPERTY – STRATA AND RELATED TITLES AND OCCUPANCY – MANAGEMENT AND CONTROL – BODY CORPORATE – POWERS DUTIES AND LIABILITIES – DUTY TO REPAIR AND MAINTAIN COMMON PROPERTY – where a body corporate passed a special resolution to allow the extension of a bulkhead over common property – whether the grant of an exclusive licence amounts to a disposition of common property – whether the resolution should have been passed without dissent

HUMAN RIGHTS – Disability discrimination – contention that the Body Corporate has contravened the provisions of the Disability Discrimination Act which prohibit indirect discrimination in the provision of goods and services and facilities by not permitting her access to common property with her dog – contends that the Body Corporate contravened the provision of the Act by refusing to permit her to live at Kookaburra Park with her dog – whether the applicant has a disability as defined in Section 4 of the Act – whether the applicant has been directly discriminated against pursuant to Section 9 of the Act – whether the respondent has unlawfully discriminated against the applicant pursuant to Section 24(1) in the case that Section 6 and 9 of the Act apply – whether respondent can prove unjustifiable hardship under Section 24(2) of the Act – whether respondent has contravened section 5 of the Act – whether the respondent has contravened Section 25 of the Act – whether the applicant is entitled to compensation if the respondent did contravene the Act.