News
Brisbane building tops green-star rating
South Brisbane’s 154 Melbourne office precinct will receive the coveted five-star ‘Green Star’ rating upon its completion in June and is now aiming for the five-star ‘As Built’ certification. It’s applauded qualities include zoned lighting, water harvesting, water efficient fixtures, and maximum use of natural light and ventilation (08 May 2009)
Property Council questions SEQ Regional Plan
The Property Council is urging the State Government to revise its draft South East Queensland Regional Plan 2009-2031 before it is finalised in July. In response to recent demographic and housing trends, the Council has outlined a number of findings and recommendations which it says need to be considered (08 May 2009)
http://www.qbr.com.au/news/articleid/55871.aspx
Senate report slams CPRS
A Select Senate Committee has advised that the government's Carbon Pollution Reduction Scheme should be redesigned. Committee Chair Senator Cormann said the economy would suffer with no benefit to the environment if the government pushed ahead with the CPRS. The interim report can be viewed
here. (07 May 2009)
Landlords turn screws on retailers during GFC
Australian Retailers Association claims landlords are turning the screws on retailers with spiralling occupancy costs during the global financial crisis. New research reveals more than 85 percent of retailers are paying rents totalling in excess of 10 percent of their turnover (06 May 2009)
Fewer green loans available but now interest-free
The Rudd Government has slashed spending on the "green loan" election promise funded in last year's budget, but decided the energy efficiency lending should be cost-free to borrowers for four years. Households will be given low-interest $10,000 loans to green up their homes
Future of local government in safe hands
Local Government Minister Desley Boyle said the future of local government was in safe hands as the Future Leaders Forum, an initiative of the Local Government Managers Association (Qld), commenced in Brisbane today (07 May 2009)
Western Queensland set for $1 million facelift
Residents and visitors to Western Queensland can look forward to a revitalised Chinchilla CBD streetscape, upgrades to Dirranbandi Hall and extended water infrastructure for Cunnamulla following today’s announcement by Local Government Minister Desley Boyle’s of $1,028 million in State Government funding (08 May 2009)
Australian officials to seek US$18 million over toxic oil spill
Australia will seek more than US$18 million (S$26.5 million) in compensation from a Hong Kong-based shipping company over a massive toxic oil spill during a wild storm. Queensland Transport Minister Rachel Nolan they have a guarantee from Swire for US$20 million (S$29.4 million) and we will now pursue them for the remaining cost. Swire also faces A$1.5 million (S$1.6 million ) in fines if found guilty of environmental or maritime breaches. (06 May 2009)
A new target for reducing Australia’s carbon pollution
The Rudd Government has committed to reduce Australias carbon pollution by 25 per cent below 2000 levels by 2020 if the world agrees to an ambitious global deal to stabilise levels of CO 2 equivalent at 450 parts per million or lower by mid century. The United Kingdom has also recently announced a strengthening of its 2020 target for reducing carbon pollution (04 May 2009)
http://www.environment.gov.au/minister/wong/2009/mr20090504c.html
Helping all Australians on climate change
The Rudd Government will establish the Australian Carbon Trust for Australians to reduce Australia’s carbon pollution and to drive energy efficiency in commercial buildings and businesses. The Government will also take into account the contribution of individual households that purchase accredited (04 May 2009)
http://www.environment.gov.au/minister/wong/2009/mr20090504b.html
Legislation
Queensland
Acts
Vegetation Management (Regrowth Clearing Moratorium) Act 2009 (Act No 6 of 2009) (principal)
Current Reprints
Duties Act 2001 No.6
Environmental Protection (Waste Management) Regulation 2000 No.4 revised
Foreign Ownership of Land Register Act 1988 No.3
Integrated Planning Regulation 1998 No.8B
Land Court Act 2000 No.3
Planning (Urban Encroachment-Milton Brewery) Act 2009 No.1
Residential Tenancies Act 1994 No.8D
Residential Tenancies and Rooming Accommodation Act 2008 No.0A
Vegetation Management (Regrowth Clearing Moratorium) Act 2009 No.1
Cases
Lawyers for Forests Inc. v Minister for Environment, Heritage and the Arts (No 2) [2009] FCA 466
COSTS – discretion to award costs – whether appropriate to depart from general rule – public interest litigation WORDS AND PHRASES – “the public interest”
Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 3(1) (d) and 487
LEATHERBARROW & THE CHIEF EXECUTIVE, OFFICE OF FAIR TRADING, DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL v PACEYARD PTY LTD (IN LIQUIDATION), RICHARD JAMES KING (A BANKRUPT) & JILLIAN MAREE CATON-KING (A BANKRUPT) [2009] CCT PC008-08
CAPITAL FINANCE AUSTRALIA LIMITED, THE CHIEF EXECUTIVE, OFFICE OF FAIR TRADING DEPARTMENT OF JUSTICE AND ATTORNEYGENERAL v PACEYARD PTY LTD (IN LIQUIDATION), KING & CATON-KING [2009] CCT PC015-08
Property Agents and Motor Dealers Act 2000 – claim against the fund – Sections 470; 470(1) (e); 573 and 574(1)
DONOVAN, THE CHIEF EXECUTIVE, OFFICE OF FAIR TRADING v SCHOLZ MOTOR GROUP PTY LTD (IN LIQUIDATION) T/A GOLD COAST EUROPEAN AUTOMOBILES, SCHOLZ & SEYMOUR [2009] CCT PC048-07 Claim on fund set up under Property Agents and Motor Dealers Act 2000; is a lessee or hirer of a vehicle entitled to claim for financial loss; Property Agents and Motor Dealers Act 2000 sections 470 and 488(3)(a)http://www.tribunals.qld.gov.au/PAMD/pamdDecisions/PC048-07%20DEC%2024-04-09.pdf
SAYERS & THE CHIEF EXECUTIVE, OFFICE OF FAIR TRADING, DEPARTMENT OF EMPLOYMENT, ECONOMIC DEVELOPMENT & INNOVATION V RITTER [2009] CCT PC044-07
Claim against fund – breach of Chapter 12, Part 1 – breach of section 284 – licensed motor dealer – appointment to sell on consignment – Property Agents and Motor Dealers Act 2000, sections 284, 288, 470(1)(e)
The Board of Trustees of the Brisbane Grammar School v Brisbane City Council [2009] QLC 0061
Application pursuant to the Uniform Civil Procedure Rules 1999 and Land Court Act 2000 for a separate and preliminary hearing of questions – consideration of factors tending to support and tell against the making of orders for a preliminary determination of a question – not shown that the hearing of separate questions would be likely to contribute to the saving of time and/or costs by substantially narrowing the issues for trial
Papillon Mining & Exploration P/L v Minister for Mines and Energy [2009] QSC 097
Administrative law – Judicial review – Grounds of review – Irrelevant considerations – Relevant considerations – Adverse effect on public interest – Political considerations – Fact of public objections – Ministerial decision – Renewal of mining lease
Energy and resources – Minerals – Determination of titles – Expiry of term of lease – Application for renewal – Power of minister to refuse
Zonebar Pty Ltd v Global Management Corporation Pty Ltd & Anor [2009] QCA 121
LIMITATION OF ACTIONS – POSTPONEMENT OF THE BAR – EXTENSION OF PERIOD – OTHER CAUSES OF ACTION – where applicant contends primary judge erred by characterising causes of action as new and not arising from same facts as a cause of action already claimed – whether primary judge erred by refusing to extend limitation period under r 376(4) of the Uniform Civil Procedure Rules 1999 (Qld) - owner and developer of land engaged respondent to provide project management and supervisory services in connection with the development and construction of the project
Crowther v State of Queensland [2009] QPEC 031
ENVIRONMENT AND PLANNING – POLLUTION – NOISE POLLUTION AND CONTROL – where compliance with court order to remedy environmental nuisance is sought – whether provisions of a court order associated with noise were breached
Kalglen Pty Ltd v Brisbane City Council & Ors; Stratcliff Pty Ltd v Brisbane City Council & Anor [2009] QPEC 032
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – DEVELOPMENT CONTROL – APPLICATIONS – where development application was made, requiring easements over neighbouring property but that property was not included in development application – where council conditions required reciprocal rights to easements between neighbours – where conditions for easements not complied with by applicant – whether an enforcement order requiring a non-compliant party to comply with the condition of development to grant an easement should be made
Kalglen Pty Ltd v Brisbane City Council & Ors; Stratcliff Pty Ltd v Brisbane City Council & Anor [2009] QPEC 034
ENVIRONMENT AND PLANNING – PRACTICE AND PROCEDURE – COSTS – COSTS IN PLANNING AND ENVIRONMENT COURT – where applications made were frivolous and vexatious – where applicant ignored own obligation to grant an easement whilst seeking an order that the reciprocal obligation of the other party to grant an easement be enforced – whether the circumstances warrant an exercise of discretion to award indemnity costs – whether costs should include both senior and junior counsel
Kangaroo Point Residents Association v Brisbane City Council & Anor [2009] QPEC 033
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – DEVELOPMENT CONTROL – APPLICATIONS – SUBMISSIONS - where applicant faxed a submission to the Council – where the Council could not locate the fax but deemed the submission as made – whether the submission was properly made – where notice of appeal was not filed by submitter within time – whether there are sufficient grounds for an extension of time within which to file the notice of appeal
Jahnke v Cassowary Coast Regional Council (Formerly Johnstone Shire Council) & Ors [2009] QPEC 036 Adverse submitter appeal – date of making of relevant development application contentious, as multiple IDAS Form 1 development applications were lodged – triggers for concurrence agencies changed – held that referral coordination applied for each potential date (albeit for different reasons) – consequence that 30 business days was necessary for public notification – period allowed fell far short – “common material” less extensive than if all proper concurrence and advice agencies had been brought in – development application should be returned to acknowledgement stage if relief for non-compliance is not obtained – whether development application “involving” environmentally relevant activity (ERA) of a large on-site sewage treatment/disposal facility, notwithstanding that developer did not presently seek a material change of use (MCU) or a licence for it as part of a MCU for a “golf course/residential/tourist/recreation, etc” proposal – although ERA was not included in the approval sought development application not invalid as “piecemeal”
FKP Residential Developments Pty Ltd v Maroochy Shire Council [2009] QPEC 035
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – DEVELOPMENT CONTROL – CONSENTS, APPROVALS AND PERMITS – CONDITIONS – RELEVANCE AND REASONABLENESS – INFRASTRUCTURE CHARGES – where council imposed infrastructure charges associated with storm water runoff – whether policy used to calculate infrastructure charges contains flawed methodology – whether charges relevant and reasonable – whether invalid – whether council prevented from imposing charges by earlier preliminary approval
Sgualdino v Woodlands Enterprises Pty Ltd & Anor [2009] QPEC 030
PLANNING – PLANNING LAW – where a lot of land proposed for reconfiguration partly in Township Residential Precinct of Beerwah Township Planning Area and partly in Rural Precinct of Pumicestone Planning Area – where part of land in Township Residential Precinct proposed for subdivision into a number of lots – where part of land in Rural Precinct retained in one lot below minimum area for rural land – whether assessment required was impact or code assessment
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