What's New in Property, Planning and Environment

Developer Mark Stockwell’s bid to convert proposed business precincts to retail in his Noosa Civic development has failed, despite last minute appeals. The planning portfolio’s Russell Green said councillors had endorsed a review of the Noosa Business Centre and to do otherwise than vote against the proposal was to contradict that endorsement (02 June 2009)

The Queensland Government has reassured landholders that maps issued as part of the tree-clearing moratorium may not accurately indicate areas that are banned from clearing regrowth vegetation (04 June 2009)

 

The Queensland Government says a $6.5 billion coal project in the state's central-west still needs final environmental approval before it can go ahead (02 June 2009)http://www.abc.net.au/news/stories/2009/06/02/2586653.htm

 

The Revenue and Other Legislation Amendment Bill 2009 was introduced into Parliament on 3 June 2009. The Bill makes the following amendments to revenue legislation to support improved administration. These amendments will have effect for the 2009–10 and later financial years (02 June 2009) http://www.osr.qld.gov.au/news-updates/announcements/index.shtml?tab=tab5

 

The bill targets sugarcane growing and cattle grazing properties in the Burdekin Dry Tropics, Wet Tropics and Mackay Whitsundays catchments in north Queensland. Regulation is necessary to ensure farmers adopt management practices that reduce the levels of farm chemicals, fertiliser nutrients and sediment harming the Reef. The new regulations are designed to complement the Queensland and Australian Governments' Reef Plan and Reef Rescue initiatives (04 June 2009)

 

Criminal Code and Other Legislation (Misconduct, Breaches of Discipline andPublic Sector Ethics) Amendment Bill 2009

Revenue and Other Legislation Amendment Bill 2009

Great Barrier Reef Protection Amendment Bill 2009

 

Mines and Energy Legislation Amendment Regulation (No. 1) (SL No 73 of 2009)

Residential Tenancies and Rooming Accommodation Regulation (SL No 74 of 2009) amends the Residential Tenancies and Rooming Accommodation Act 2008 and State Penalties Enforcement Act 1999

Forestry and Nature Conservation Legislation Amendment Regulation (No. 2) (SL No 75 of 2009)

Nature Conservation (Protected Areas) Amendment Regulation (No. 1) (SL No 76 of 2009)

 

NATIVE TITLE – consideration of an application by indigenous respondents to dismiss an application for a compensation determination filed by Wallboard Aboriginal Corporation as registered native title body corporate for the purposes of the Hopevale determination, pursuant to s 50(2) of the Native Title Act 1993 (Cth) – consideration of the decision-making process by which the prescribed body corporate reached a decision to institute proceedings under s 61(1) of the Act – consideration of the Rules of the Corporation, the provisions of the Native Title Act and Native Title (Prescribed Bodies Corporate) Regulations 1999 as the source of the Corporation’s authority to commence the proceeding

 

LEAVE TO APPEAL – meaning of “decision” – final or interlocutory order - error of law – limited role of appellate court on factual findings – application to strike out vexatious or oppressive claim – discretion to award costs http://www.sclqld.org.au/qjudgment/2009/QDC/146

 

REAL PROPERTY – VALUATION OF LAND – Reduction in value of land encumbered by an easement limiting flexibility of development on the land

VALUATION OF LAND – SALES EVIDENCE – Application of sales – consideration given to hypothetical maximum development permitted on subject land and sales – sale of land after valuation date accepted as evidence of value – relevance of sales of significantly smaller parcels of land – treatment of sale affected by existing tenancy and demolition costs.