The Property Mill – 16 May 2014

May, 2014

In the Media

Renewables scheme will not be scrapped

Environment Minister Greg Hunt has appeared to rule out the possibility that the Renewable Energy Target (RET) will be abandoned altogether and existing investments in renewable energy left stranded (05 May 2014)

To read more, please click here.

Commission audit says slash climate agencies

The Government’s Commission of Audit has recommended that the government abolish a number of agencies aimed at addressing climate change and lowering carbon pollution. However it has not recommended any changes to the operation of the Clean Energy Regulator (02 May 2014)

To read more, please click here.

CER: near perfect compliance with renewables target in 2013

Clean Energy Regulator released report on performance of renewable energy target, provides an overview of the operations of the Renewable Energy (Electricity) Act 2000 in 2013. The regulator recorded 99.97% compliance (02 May 2014)

To read more, please click here.

UNESCO progress recognised in draft Great Barrier Reef decision

The draft decision released by the UNESCO World Heritage Centre recommends Great Barrier Reef review next year and welcomes the intention to focus port development in priority port development areas and to protect greenfield areas from the impacts of port development (01 May 2014)

To read more, please click here.

COAG wrestles with tax reform

A change to the GST distribution and a proposal to enable states to levy income tax appear to be doomed after a meeting of the Council of Australian Governments. But all governments signed an agreement on incentive payments for privatising assets and reinvesting the money in new projects (02 May 2014)

To read more, please click here.

First Australian branch of the Agricultural Bank of China opens in Australia

The Agricultural Bank of China, one of the world’s leading banks, has launched its first Australian branch in Sydney. It is expected that the new Agricultural Bank of China Sydney branch will encourage more Chinese companies to invest in NSW (29 May 2014)

To read more, please click here.

Australian banks financing companies accused of land grabs

Leading Australian banks are financing companies accused of land grabbing, child labour and illegal logging, according to an Oxfam report released today, stating  there is a real problem around due diligence, in terms of ethical and sustainable investment practices  (28 April 2014)

To read more, please click here.

Queensland’s Agriculture Minister says it’s time for banks to stick by farmers

Queensland Agriculture Minister John McVeigh said the major rural lending banks had assured him they were not more aggressively sending receivers and managers into troubled farm businesses, now that it had rained in many regions (06 May 2014)

To read more, please click here.

First time heritage grants to have a lasting effect

Queensland’s historic past will be better protected for the future, after the Queensland Government awarded more than $600,000 to community groups and owners of heritage-listed places, with 34 applicants successful in the first heritage phase of the Everyone’s Environment grants program (05 May 2014)

To read more, please click here.

Brisbane’s Cultural Precinct vision as the nation’s cultural hub

The Master Plan announced is a vision to guide future development and investment over the next 20 years, and grow the two economic pillars of tourism and construction (05 May 2014)

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Woman sues State Government over northern pipeline project

A number of landowners already have accepted payouts related to the impact of the $713 million Northern Pipeline Interconnector pipeline built in 2010 and 2011, but more claims remain in limbo (05 May 2014)

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Natural disaster funding concerns for Queensland

The federal government’s Commission of Audit recommends replacing natural disaster relief and recovery arrangements with a grant for each disaster, limited to between 25 per cent and 33 per cent of the estimated reconstruction costs (02 May 2014)

To read more, please click here.

Qld local councils appeal court rates ruling

Queensland’s local councils are appealing over a court decision that banned a regional council from discriminating against investors. Mackay Regional Council faces a $1.6 million refund bill after 300 landlords successfully won a Court challenge  where investors had paid an average of $250 a year more in rates than owner-occupiers (02 May 2014)

To read more, please click here.

Noosa council claims win as development case ends

The Noosa council says other councils across Queensland will welcome an historic Land and Environment Court victory against a developer who claimed almost $53 million in compensation over the council’s 1997 strategic plan and its effect on the scale of the Settler’s Cove development (30 May 2014)

To read more, please click here.

Linc Energy to face court over coal plant

The resources company faces fines of more than $2 million after Queensland’s Department of Environment and Heritage Protection charged it with four counts of causing serious environmental harm at its Chinchilla plant, in the state’s southwest (22 April 2014)

To read more, please click here.

Published – articles, papers, reports

Hire purchase agreements, unperfected security interests and the PPSA vesting rules / Michael Murray; ARITA

Reports on a recent decision that the PPSA vesting provisions are not constitutionally invalid (28 April 2014)

To read more, please click here.

Banking on Shaky Ground – Australia’s big four banks and land grabs / Oxfam Australia

Includes evidence that ANZ, Westpac, National Australia Bank and the Commonwealth Bank have backed companies that have contributed to illegal logging, forced evictions, inadequate compensation, food shortages and child labour (released April 2014)

To read more, please click here.

Power Pricing Internationally:

Learnings for Australia / Energy Supply Association of Australia found that many economies similar to Australia had already developed fairer ways to charge for power based on actual household capacity and their demand on the network (01 May 2014)

To read more, please click here.

In Practice and Courts

IP Watchdog: Greener Footprint: Innovating to Capture Carbon Dioxide

The profile recently published patent applications found in our search of the U.S. Patent and Trademark Office database, focusing on carbon capture and mitigation technologies (02 May 2014)

To read more, please click here.

Next generation Green Star rating tool: scoping paper

The scoping paper outlines the GBCA’s proposed approach to the new rating tool, including an improved certification pathway, online delivery platform and revised weighting system. Feedback period is open until 31 July 2014.

To read more, please click here.

Announcements, Draft Policies and Plans released 2013

Draft amendments to the State Planning Policy (SPP): public comment

The department has prepared a draft  schedule of mapping amendments  for public consultation. For more information refer to the SPP Interactive Mapping System fact sheet  The Public are invited to have your say on the amendments. Submissions can be lodged from 1 May 2014 to 30 May 2014

To read the draft schedule of mapping amendments, please click here.

Draft Queensland Waste Avoidance and Resource Productivity Strategy (2014–2024): public consultation

This is an industry-led strategy that has been developed collaboratively with a steering committee. The draft strategy  proposes a high-level vision and direction for Queensland over the next 10 years.. Submissions close on 30 May 2014 (22 April 2014)

To read the draft Queensland Waste Avoidance and Resource Productivity Strategy, please click here.

Cases

Paton & Ors v Mackay Regional Council [2014] QSC 075

REAL PROPERTY – where the applicant submits that the respondent’s decisions to impose differential rates are invalid – where the applicant contends that the respondent took into account irrelevant considerations including the capacity of landowners to pay rates in making its decision – whether the decision to impose differential rates by the respondent is invalid

To read more, please click here.

Hydrox Nominees Pty Ltd v Noosa Shire Council [2014] QPEC 018

PLANNING AND ENVIRONMENT – appeal against refusal of development application for establishment of a Masters Home Improvement Centre and a showroom at Noosaville – where showroom uncontroversial – where proposed Masters consistent with the regional plan – where proposal not a “consistent use” or an “inconsistent use” pursuant to the planning scheme – whether conflict – community, economic and planning need – economic impact – sufficiency of grounds to justify approval notwithstanding conflict

To read more, please click here.

R F Thompson (Qld) Pty Ltd v Noosa Shire Council [2014] QPEC 017

PLANNING AND ENVIRONMENT – appeal against respondent Council’s refusal of compensation for injurious affection asserted by coming into force of a new strategic plan – preferred dominant land use (PDLU) mapping and descriptions of designations changed – open space PDLU designation (with wording allegedly more restrictive of development) significantly expanded to overlie more land zoned Residential High Density

To read more, please click here.

Legislation

Commonwealth

Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2014 (No. 5)

This instrument amends the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 to set new and varied MRLs and make other changes to the Tables with respect to certain residue definitions, commodities and substances (02 May 2014)

To read more, please click here.

Queensland

Bills update

Environmental Offsets Bill 2014

Introduced by: A C Powell MP on 13/02/2014
Stage reached: 2nd reading to be moved on 29/04/2014

To read more, please click here.

Crime and Misconduct and Other Legislation Amendment Bill 2014

Introduced by: J P Bleijie MP on 19/03/2014
Stage reached: Report from Committee on 30/04/2014

To read more, please click here.

Subordinate Legislation

No 46: Economic Development Amendment Regulation (No. 1) 2014 – 24 April 2014 – amends the Economic Development Act 2012-  Amendment of sch 2 (Interim land use plans) and Amendment of sch 4 (Development schemes for priority development areas)

To read more, please click here.

No 47: Sustainable Planning Amendment Regulation (No. 2) 2014 – 24 April 2014 – amends the Sustainable Planning Act 2009  – 4 Amendment of sch 4 (Development that cannot be declared to be development of a particular type—Act, section 232(2)); Amendment of sch 9 (Development impacting on State transport infrastructure and thresholds)

To read more, please click here.

No 51: Rural and Regional Adjustment Amendment Regulation (No. 2) 2014 – 24 April 2014 – amends the Rural and Regional Adjustment Act 1994

To read more, please click here.

No 54 Nature Conservation (Protected Areas) Amendment Regulation (No. 1) 2014 – 02 May 2014 – amends the Nature Conservation Act 1992 – 3 Amendment of sch 5 (Nature refuges)

To read more, please click here.

Current reprints

Nature Conservation (Protected Areas) Regulation 1994 2 May 2014
Queensland Rail Transit Authority Act 2013 4 May 2014
Sustainable Planning Regulation 2009 28 April 2014

Queensland legislation can be accessed at www.legislation.qld.gov.au

Contact Mills Oakley

Melbourne


James Price | Partner 
T: +61 3 9605 0824
E: jprice@millsoakley.com.au


Anthony Brearley | Partner
T: +61 3 9605 0810
E: abrearley@millsoakley.com.au


Tom Cantwell | Partner
T: +61 3 9605 0958
E: tcantwell@millsoakley.com.au

luke-westmore

Luke Westmore | Partner
T: +61 3 9605 0061
E: lwestmore@millsoakley.com.au

Brisbane

tony-butler

Tony Butler | Partner 
T: +61 7 3228 0432
E: tbutler@millsoakley.com.au

Sydney


lachlan-paterson

Lachlan Paterson | Partner
T: +61 2 8289 5895
E: lpaterson@millsoakley.com.au

Catherine Hallgath | Partner
T: +61 2 8289 5806
E: challgath@millsoakley.com.au

Tim L’Orange | Partner 
T: +61 2 8289 5816
E: tlorange@millsoakley.com.au

Canberra

adam-peppinck

Adam Peppinck | Partner
T: +61 2 6196 5203
E: apeppinck@millsoakley.com.au

Perth

andrew-logan

Andrew Logan | Partner
T: +61 8 6167 9802
E: alogan@millsoakley.com.au

patrick-thaung

Patrick Thaung | Partner
T: +61 8  6167 9803
E: pthaung@millsoakley.com.au

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