What's News in Property, Planning and Environment

A new agreement between the peak clean energy industry bodies in Australia and Singapore will enhance commercial ties between the two countries. Australia's Clean Energy Council (CEC) and the Sustainable Energy Association of Singapore (SEAS) signed a Memorandum of Understanding (MoU) in Singapore

The federal government is pushing for changes to zoning laws and to shopping centre leasing arrangements that benefit Coles and Woolworths in an effort to increase competition in the grocery sector. The more immediate pressure on Coles and Woolworths is likely to come from a challenge to the restrictive terms of leasing agreements between the major retailers and shopping centre owners 01 August 2009)

The South Australian Government is being urged to intervene to prevent a potential environmental disaster in the state's far north-east. The Queensland Government is considering a proposal to reactivate dormant water licences in Cooper Creek, which would stop 10 gigalitres of water from reaching South Australia (03 August 2009)

The redrafted South East Queensland Regional Plan has forecast the region will need an extra 754,000 homes to help accommodate a population of 4.4 million by 2031 and discourages new housing estates on the city outskirts – in favour of "infill" development in established suburbs and around rail and bus corridors to limit car use (29 July 2009)

Queensland Executive Director Steve Greenwood raises questions regarding the expectation that 50 percent of new population growth will be housed in units and flats in the released SEQ Regional Plan.

He claims the the plan is proposing the re-engineering of the built form and the social structure of Brisbane and South East Queensland (29 July 2009)

Launching the SEQ Regional Plan 2009-2031, Infrastructure and Planning Minister Stirling Hinchliffe says the plan will promote balanced and diverse employment opportunities throughout the region. The plan identifies new health, education and training areas which will provide the focus for future business clusters and also indentifies new areas for industry (28 July 2009)

The Queensland Government vision for the future of the Fitzgibbon Urban Development Area (UDA), includes over 160 hectares of green space, new homes for up to 6,500 people, sport and recreation areas, and mixed-use residential, commercial and office precincts (27 July 2009)

Natural Resources, Mines and Energy Minister Stephen Robertson welcomed the Federal Court’s determination to recognise Native title in an additional 115,000 hectares of Cape York. The comprehensive agreement covers lands and waters on the western side of Cape York Peninsula between Weipa and Aurukun within parts of two mining leases held by Rio Tinto Aluminium Limited (29 July 2009)

 

Brisbane City Council (BCC), Leighton Properties and Leighton Contractors have announced a $2 million investment in the first stage in the largest upgrade of public space in urban Queensland. HQ is the latest six-star Green Star rated mixed-use precinct in Fortitude Valley. HQ’s master plan is in line with the BCC’s Vision 2026, which prioritises open public space, trees and street shading (28 July 2009)

 

The state government has left the door open to the Caloundra South development being doubled to accommodate 100,000 people, but has vowed to work with the council for the best environmental outcome (29 July 2009)

 

 

Plant Protection Regulation 2002 No.5D

Rural and Regional Adjustment Regulation 2000 No.4E

 

Water Amendment Regulation (No. 2) (SL No 156 of 2009) amends the Water Act 2000

Building Units and Group Titles Amendment Regulation (No. 1) (SL No 157 of 2009)

amends the Building Units and Group Titles Act 1980

Forestry and Nature Conservation Legislation Amendment Regulation (No. 3) (SL No 158 of 2009)

Proclamation commencing certain provisions of Queensland Civil and Administrative Tribunal Act 2009 (SL No 159 of 2009)

Queensland Civil and Administrative Tribunal Regulation (SL No 160 of 2009) amends the

Queensland Civil and Administrative Tribunal Act 2009

Public Trustee Amendment Regulation (No. 6) (SL No 161 of 2009) amends Public Trustee Act 1978

Uniform Civil Procedure Amendment Rule (No. 1) (SL No 162 of 2009) amends the Supreme Court of Queensland Act 1991

NATIVE TITLE – consent determination - request for orders to be made under s 87 of the Native Title Act 1993 (Cth) – consideration of whether the orders appear appropriate to the Court and whether orders ought to be made as sought determining native title rights and interests in the Gurungu/Kulumintini and other groups.

Costs – Land Appeal Court – security for costs order overturned – discretion in Court to award costs of appeal – costs follow event longstanding principle – but each case governed by its circumstances – relevant considerations – costs awarded to successful party.

Costs – Land Appeal Court – discrete appeal issue – substantive issue (for later hearing) relates to disputed rights under Mineral Resources Act – not akin to resumption case – legislative intervention between parties – such not decisive in exercise of costs discretion.

LANDLORD AND TENANT – COVENANTS – AS TO RESTRICTIONS ON USE TO WHICH PREMISES MAY BE PUT – where lease provided lessee must use premises only for purposes listed – whether lessee obliged to carry on all or any of the permitted uses – where landlord consented to addition of “mailroom solutions operations” as a permitted use under the lease – construction and meaning of the use “mailroom solutions operations” – where activities conducted at premises included security screening and scanning of mail of government and large corporate clients and receipt of government tenders and courier deliveries – whether use made of premises was permitted under lease

Integrated Planning Act 1997 s 4.1.23(2)(f) - Uniform Civil Procedure Rules - application by appellant developer in conditions appeal to amend notice of appeal to cover additional condition - whether appellant should pay costs - whether UCPR provisions available to support a costs order

Application for adjustment of Interest Schedule and Contribution Schedule – no evidence of “market values” of lots – adjustment allowed for Contribution Schedule, but claim dismissed for Interest Schedule – Body Corporate and Community Management Act 1997, sections 46, 47, 48, 49, 62

Adjustment of lot entitlements in Contribution Schedule – Body Corporate and Community Management Act 1997, sections 46, 47, 48 and 49

Disciplinary proceedings- Real estate agents-PAMDA sections 128,160(1), 160(2), 160(3),496, 497, 589- Carrying on business after cancellation of licence- “suitable person to hold a licence”- Nature of activity necessary to constitute “acting as a real estate agent”-

Whether disciplinary proceedings available against a person who has ceased to be a licensee or registered employee- Whether further particulars required