What's New in Property, Planning and Environment

Mr Combet has lobbied the removal of "legacy emissions" because it would have been unfair for council and ratepayers. "The removal of legacy waste emissions from the scheme will reduce costs to small local councils and landfill operators, and their customers, while retaining a strong incentive for these operators to reduce their greenhouse gas emissions. Emission liabilities for landfill facilities will now only apply to waste deposited after the scheme starts in July 2011 (15 May 2009)

Laws introducing fluoride to Queensland's water supply contained a clause banning legal action for compensation if problems should arise that allegedly cover malfunctions such as the 300,000 litres of contaminated water pumped to up to 4000 northern Brisbane homes for three hours on May 1 2009 (15 May 2009)

A big rise in loans for construction and purchase of new dwellings in March highlights the importance of maintaining the first home owners ‘boost’ scheme, particularly for new houses, according to the MBA (12 May 2009)

Fresh divisions have emerged between Aboriginal leaders on Cape York over Queensland's wild rivers legislation as the row widened into a debate over the merits of agricultural development in tropical Australia (13 May 2009)

The Royal National Agricultural and Industrial Association of Queensland (RNA) has announced the appointment of Lend Lease Development as its preferred development partner for the $3 billion master-planned redevelopment of the RNA Showgrounds (13 May 2009)

Attorney-General Robert McClelland has announced a number of 2009/2010 budget and funding policies in relation to the following areas:

An additional $50.1 million over four years in funding for the native title system will be provided by the federal government aimed at shifting the focus to agreement making rather than protracted litigation. This will consist of $45.8 million for Native Title Representative Bodies and $4.3 million to improve state and territory claims resolution processes.

Personal Property Securities Register:

An additional $1.4 million will be applied to the development of the information technology requirements of a new Personal Property Securities Register.

The commercial property market is the ninth industry casualty of the global recession, according to IBISWorld. IBISWorld predicts the market won’t return to the level of activity or prices of pre-recession 2006/2007 until 2011 and beyond (12 May 2009)

Further evidence is emerging of the hit being taken on property values by the country's tourism sector, with a Port Douglas resort selling yesterday to the owner of the Rydges hotel chain at a sharply discounted price of about $22million (16 May 2009)

At the International Trade Outlook 2009 conference, Mr Robertson said that Queensland’s focus on clean coal, solar energy, biofuels and biotechnology research and development in recent years made the State a prime candidate to build on valuable global partnerships. The Bligh Government’s Toward Q2 - Tomorrow’s Queensland - strategy aims to reduce Queensland’s carbon footprint by one-third by 2020 (14 May 2009) http://www.cabinet.qld.gov.au/MMS/StatementDisplaySingle.aspx?id=63909

 

Member for Inala Annastacia Palaszczuk today unveiled cutting edge plans for the $40 million Richlands train station on behalf of Transport Minister Rachel Nolan. Ms Palaszczuk commended the key environmental features proposed in its design and said the station set a benchmark for rail infrastructure design in south east Queensland. The design also features energy efficient lighting and native, drought-tolerant trees and plants, including species selected by the community during public consultation (14 May 2009) http://www.cabinet.qld.gov.au/MMS/StatementDisplaySingle.aspx?id=63917

Mr Brett Tony Best of Brisbane, has pleaded guilty in the Brisbane District Court following an investigation by ASIC into the operation and promotion of an illegal managed investment scheme (11 May 2009) http://www.asic.gov.au/asic/asic.nsf

Legal Profession (Society Rules) Notice 2007 No.2A

Public Trustee Regulation 2001 No.4E

Trusts Act 1973 No.4C
Water Regulation 2002 No.6A

 

Revenue Legislation Amendment Regulation (No. 1) (SL No 54 of 2009)

Amends the Duties Act 2001; Fuel Subsidy Act 1997; Land Tax Act 1915

 

Supervisor is of the opinion that the information the investors are required to have to properly consider the progress of the scheme and the risks faced, is insufficiently provided in the reports to date – amendments approved

 

REAL PROPERTY – TORRENS TITLE – INSTRUMENTS GENERALLY – ATTESTATION AND EXECUTION – EXECUTION UNDER POWER OF ATTORNEY – where letter of offer expressly excluded the taking of security over property

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – HARSH AND UNCONSCIONABLE CONTRACTS AND STATUTORY REMEDIES – where plaintiff sought to execute Power of Attorney clause over defendants’ home

EQUITY – UNCONSCIONABILITY – whether first and second defendant were at a special disadvantage as against the plaintiff – whether the plaintiff had an unfair advantage as against first and second defendant http://www.sclqld.org.au/qjudgment/2009/QSC/113

 

ENERGY AND RESOURCES – ELECTRICITY – ELECTRICITY AUTHORITIES AND UNDERTAKINGS – QUEENSLAND – where Act requires decided prices to continue as notified prices until pricing entity decides new notified prices even though decided prices have been set aside – where tariff must be based on “relevant tariff component”

ADMINISTRATIVE LAW – JUDICAIL REVIEW – PROCEDURE AND EVIDENCE – COSTS – where applicants were successful on first issue – where respondents were successful on second issue – where neither party was entirely successful on third issue – where overall outcome favoured applicants – where second applicant abandoned one ground of review immediately prior to hearing – where “costs follow the event” – whether “the event” is the issue or the proceedings as a whole

REAL PROPERTY – EASEMENTS – EASEMENTS GENERALLY – ABANDONMENT, SUSPENSION, EXTINGUISHMENT OR MODIFICATION – EXTINGUISHMENT – STATUTORY – where easements granted in favour of respondent by developer of residential estate for purpose of pedestrian access – where first appellant represents lot owners in residential estate – where second appellant is body corporate of which lot owners are members – where appellants applied to extinguish easements under ss 181(1)(b) and (d) Property Law Act 1974 (Qld) – where proceeding was dismissed by the learned trial judge with no order as to costs – whether the learned primary judge erred in application of s 181(1)(b) – whether members of the public were “entitled to the benefit” of the easements under s 181(1)(b) or “entitled to” the easements under s 181(1)(d) – whether the learned primary judge erred in exercising discretion under s 181 to not to order extinguishment of the easements

Body Corporate and Community Management Act 1997 s 289 - appeal to District Court against adjudicator's determination that appellant penthouse owners vacate possession of a second car space and storage area on the basis no resolution without dissent authorised exclusive use of them - whether appeal (on the eve of the hearing date) should be adjourned, with a view to being transferred to the Commercial and Consumer Tribunal and being heard with a foreshadowed appeal against a new decision of another adjudicator upon a related matter

COSTS – General Rule – costs follow the event

COSTS – Whether to order that costs be paid within a nominated time

PRATICE AND PROCEDURE – Whether to correct an aspect of original judgment – where correction related to interpretation of a file note which was a substantive aspect of the judgment – where the ultimate decision was not affected by the original interpretation

 

ADMINISTRATIVE LAW – Professions – Disciplinary proceedings – Disciplinary grounds – Penalty – Jurisdiction of Tribunal to make orders where company in liquidation

 

Integrated Planning Act 1997 s 3.5.33 - developer's originating application seeking changes to development conditions set by the court in its earlier appeal served only on the Council - whether the changes constituted "assessable development" - whether adverse submitters who became co-respondents by election in the appeal should be involved

Mining – application for lease – objections by landowner – landowner limited to grounds of objection at Court hearing

Mining – Mineral Resources Act 1989 s.245 – Court has no general supervisory jurisdiction over Mining Registrar – statutory requirements satisfied

Valuation – Allowance for easements – Aircraft noise Local authority precinct areas