The Property Mill – Queensland – 10 October 2013

October, 2013

In the media

RP Data-Rismark capital city house price index hits record high in September

A jump in house prices in Sydney and Melbourne over the past month has pushed the average value of homes in Australia’s capital cities to a record high (01 September 2013)

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Climate Institute says IPCC report shows Coalition needs to rethink carbon reduction targets

Climate scientists have accused the Government of going in the opposite direction to the rest of the world on climate change in the wake of last week’s release of the latest Intergovernmental Panel on Climate Change (IPCC) report (30 September 2013)

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Federal Environment Minister says Five per cent the right target

The Federal Environment Minister Greg Hunt says the government will continue its policy stance of the last three years for a minimum 5 per cent reduction in carbon emissions by 2020 (30 September 2013)

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IPCC: Global warming ‘likely’ man-made

The latest major report on climate change by the United Nations says the world is on track to become hotter by 2C by 2100. The report adds it is now ”extremely likely” — with a 95 per cent certainty — that humans rather than natural variations, are the dominant cause global of warming (28 September 2013)

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Greg Hunt orders water studies on 47 coal projects in NSW, Queensland

The Environment Minister Greg Hunt has called for water studies on 47 large coal seam gas (CSG) and coal mining projects before federal approvals are granted (27 September 2013)

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National regulators Poles Apart On Network Rules

The diverging application of new national energy rules has demonstrated the need for a truly national energy regulator, with responsibility for all jurisdictions, the ENA  has said. Both the AER and the ERA have now issued Draft Guidelines for calculating the Rate of Return under the same Rules (26 September 2013)

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QBCA: New Green Star rulings to slash certification costs

Improvements to the Green Star rating tools operated by the Green Building Council of Australia (GBCA) have the potential to slash the cost of Green Star certification by as much as $50,000, according to the QBCA (25 September 2013)

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Streamlining Government Processes by Dissolving the Climate Commission

The Abbott government has abolished the Climate Commission, which had been established to provide public information on the effects of and potential solutions to global warming (19 September 2013)

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Coalition plans wind farm noise inquiry

Incoming Industry Minister Ian ­Macfarlane said he would begin talking to wind farm operators before parliament sits in November to discuss the scope of the inquiry and a law to establish real time monitoring (18 September 2013)

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PNG government repeals laws protecting BHP from legal action over pollution

Papua New Guinea’s government has passed legislation through parliament giving it complete ownership of the controversial Ok Tedi mine. This proposed bill now removes that waiver for BHP Billiton, meaning that the land owners or any other affected party are free to bring any action or enforce any right (19 September 2013)

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DNRM announces faster State land lodgement for Queenslanders

Natural Resources and Mines Minister announces the Department of Natural Resources and Mines (DNRM) has established a state-wide central point of lodgement for all new land tenure applications under the Land Act 1994 (01 October 2013)

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Sale of Brisbane Clem7 Tunnel announced

More than two years after it was placed in receivership, Brisbane’s Clem7 tunnel has been sold to Queensland Motorways for $618 million – a fraction of the $3 billion it cost to build. The sale is seen as a barometer for likely interest in Sydney’s Cross City Tunnel which was placed in receivership two weeks ago (28 September 2013)

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Draft MOU signed for streamlining environmental approvals

The Federal Minister for the Environment and the Queensland Minister for Environment and Heritage sign a draft memorandum of understanding in Canberra. The draft memorandum of understanding will now be shared with their respective leaders for their overall approval (25 September 2013)

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Developer unconcerned about ABC cancer cluster stigma

Sunland managing director said the unique aspects of a “residential enclave” he plans to build on the Coronation Drive site at Toowong would outweigh concerns associated with its history (20 September 2013)

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Queensland Aurukun proposals submitted

Two groups have submitted proposals to develop the Aurukun bauxite deposit in western Cape York, for the  State Government to evaluate the proposals based on their environmental merits as well as how they maximised benefits and returns to the native title holders, the Aurukun community and the state (18 September 2013)

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Sunshine Coast dams recreation review

Water Supply Minister has released the discussion papers for Baroon Pocket and Ewen Maddock dams, which are a part of Seqwater’s most extensive review of recreation of South East Queensland dams and catchments (18 September 2013)

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Published – articles, papers, reports

What’s the best way of communicating climate change uncertainties / James Painter; Reuters Institute for the Study of Journalism (RIS)

The first of the blockbuster Intergovernmental Panel on Climate Change (IPCC) reports is due to be published next week, and already the debate is hotting up over two key uncertainties: how much temperature rise can we expect, and how much the sea level might increase (22 September 2013)

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The drone debate: sudden bullet or slow boomerang / Roderic Alley; Centre for Strategic Studies

The expansion of unmanned aerial vehicles (UAVs or drones) has been remarkable, as has their accompanying controversy, both aspects explored in this paper which tests a claim that the drone phenomenon has become a lightning rod illuminating a range of hard legal, ethical and policy differences (19 September 2013)

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Australian demographic statistics, Mar 2013 / Australian Bureau of Statistics (ABS)

This paper presents quarterly estimates of total population for states, territories and Australia. It includes numbers (and some rates) of births, deaths, infant deaths, interstate and overseas movements (26 September 2013)

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In practice and courts

Greenhouse Conference 2013

The conference to be held 08-11 October 2013 in Adelaide, South Australia, will feature briefings on the contents of the IPCC 5th Assessment Report. The Working Group 1 (science). Dr Thomas Stocker (co-chair of IPCC’s Working Group 1) will be speaking at the conference

To read more, please click here.

East Coast Gas Outlook Conference 2013

The Sydney Harbour Marriott Conference on 21-22 October 2013 which will outline opportunities and options to secure gas supply on the east coast of Australia

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EHP: Draft Coastal Management Plan 2013 consultation

A copy of the draft amendment, the Draft Coastal Management Plan (in accordance with the Coastal Protection and Management Act 1995) is available from the Department of Environment and Heritage Protection website www.ehp.qld.gov.au. The public are invited to make submissions from 20 September 2013 until 21 October 2013 (September 2013)

Clearing native vegetation –  Amended IDAS form 11

The IDAS form 11 – Clearing native vegetation, version 3.1 is now available. This form will be the approved form for lodging development applications related to clearing native vegetation from Monday 23 September 2013. Version 3.0 will remain the approved form for lodging development applications up until that date (September 2013)

Queensland Submissions open for comment

Reminder: The Draft Brisbane City Centre Master Plan 2013

This will achieve the vision of being an ‘open city’ through a coordinated framework of five strategies and the delivery of transformative projects and initiatives. These projects and initiatives have been grouped together into the 10 city-making moves. Submission close for the draft master plan on 25 October 2013

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Cases

Hookham Constructions Pty Ltd v Lindemann [2013] QCA 274

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – MATTERS NOT GIVING RISE TO BINDING CONTRACT – VAGUENESS AND UNCERTAINTY – where both the director of the appellant and respondent signed their names to a handwritten note that the appellant purported, together with an oral agreement, included details of an arrangement for the sale of a property owned by the respondent – where the appellant argued that the trial judge had erred in not finding an agreement for the sale of the property had taken place on 30 July 2011 – where the appellant contends that the learned trial judge misunderstood its basis for formation of the contract, as being one which was partly oral, partly written and partly evidenced by conduct – whether a contract was formed at the meeting of 30 July 2011

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – POINTS AND OBJECTIONS NOT TAKEN BELOW – GENERALLY – where the appellant sought to advance a case on appeal that was quite different from the case advanced at trial – whether by allowing the appellant to advance their case in that way would deny the respondent the opportunity to test the efficacy of alleged contractual documents – whether the general rule that the appellant is bound by the conduct of the case below is applicable

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Factory Direct Fencing Pty Ltd v Kong AH International Company Limited [2013] QDC 239

Sale of Goods-Property, passing of-FOB contract-bill of lading-whether title passed to buyer on loading-whether seller in breach for failing to authorise delivery before payment

Negligence-Duty of care-economic loss from fraudster’s interference in email communications-whether seller had duty of care to buyer to guard against misdirecting emails

Contract-implied term-where seller and buyer communicated by email-whether term implied that seller will send emails to correct recipient-where fraudster received emails intended for buyer-where fraudster tricked buyer into paying fraudster

Civil Liability Act-concurrent wrongdoers-where seller misdirects emails to fraudster-where fraudster tricked buyer into paying fraudster-whether seller and fraudster “concurrent wrongdoers”

Apportionment-where fraudster sending emails to buyer and seller-where fraudster tricked buyer into paying into bank account of fraudster-where seller unaware of trick-where buyer suspicious-where buyer sought email assurances from fraudster-where buyer failed to telephone seller for confirmation between fraudster and seller-where fraudster not a party to proceeding-apportionment between buyer and seller-apportionment between seller and fraudster

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Virdian Noosa Pty Ltd (Receivers and Managers Appointed) v Sunshine Coast Regional Council [2013] QPEC 054

Appeal against Council refusal of development application – Application for material change of use of 38 of 198 apartments in an approved, fully constructed resort development on Noosa Hill – application sought use for permanent residence as a new use- existing approval limited in accordance with the planning scheme to temporary visitor accommodation – whether grounds to justify a favourable decision notwithstanding conflict with the planning scheme – “additional choice and flexibility” held insufficient

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The Proprietors Cathedral Village Building Units Plan No 106957 & Ors v Cathedral Place Community Body Corporate & Ors [2013] QCA 264

REAL PROPERTY – STRATA AND RELATED TITLES – MANAGEMENT AND CONTROL – BYLAWS – GENERALLY – where the first appellant had been operating a commercial car park in the development Cathedral Place since 2001 – where the area of the car park is principally the common property of four bodies corporate including Cathedral Village which has six car spaces as part of its common property – where a controversy arose surrounding the provision made for car parking for the owners of units in Cathedral Village through the purported adoption of by-law 28 by the first respondent on 29 November 2000 – where the trial judge made findings that the appellants had no legal or equitable interest in the area of the car park beyond its own common property and that no statutory right of user should be imposed on the car park land in favour of Cathedral Village or its members – whether the trial judge erred in making such findings

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Legislation

Commonwealth

A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities Variation 2013

This instrument amends the A Code of Access to Telecommunications Transmission Towers, Sites of Towers and Underground Facilities (also known as the Facilities Access Code) to provide a default set of non-price terms of access to telecommunications transmission sites and towers and underground facilities that are designed to hold lines, and includes both mandatory and non-mandatory conditions of access (23 September 2013)

To read more, please click here.

Queensland

Bills Progress

Agriculture and Forestry Legislation Amendment Bill 2013

Introduced on 21/05/2013 Stage reached: Passed on 10/09/2013
Assent Date: 23/09/2013 Act No: 41 of 2013

Treasury and Trade and Other Legislation Amendment Bill 2013

Introduced on 5/06/2013 Stage reached: Passed with amendment on 10/09/2013
Assent Date: 23/09/2013 Act No: 39 of 2013. This Bill repeals a number of acts including the Energy Assets (Restructuring and Disposal) Act 2006

Energy and Water Legislation Amendment Bill 2013

Introduced on 5/06/2013 Stage reached: Passed with amendment on 11/09/2013
Assent Date: 23/09/2013 Act No: 42 of 2013. The objectives of the Bill are to amend the Electricity Act 1994 to cease the Queensland Gas Scheme (the Gas Scheme) as at 31 December 2013; make consequential amendments to the Energy and Water Ombudsman Act 2006;  repeal the Clean Energy Act 2008 to cease the Smart Energy Savings Program (SESP) immediately;

Transport Legislation (Port Pilotage) Amendment Bill 2013

Introduced on 6/08/2013 Stage reached: Passed with amendment on 10/09/2013
Assent Date: 23/09/2013 Act No: 40 of 2013

Regulation

No 181:  Proclamation commencing remaining provision of the Waste Reduction and Recycling and Other Legislation Amendment Act 2013 – 20-09-2013

No 182:  Waste Reduction and Recycling and Other Legislation Amendment Regulation (No. 1) 2013 – 20-09-2013 – Environmental Protection Act 1994; Waste Reduction and Recycling Act 2011 with amendment of sch 2 (Prescribed ERAs and aggregate environmental scores)

No 183:  National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 1) 2013 – 20-09-2013 –Forestry Act 1959; Marine Parks Act 2004; Nature Conservation Act 1992; Racing Act 2002; Recreation Areas Management Act 2006

No 184:  Proclamation commencing certain provisions of the Trade and Investment Queensland Act 2013 – 27-09-2013

No 188:  Nature Conservation Legislation Amendment Regulation (No. 2) 2013 – 27-09-2013 Nature Conservation Act 1992

No 189:  Proclamation commencing certain provisions of the Land, Water and Other Legislation Amendment Act 2013 – 27-09-2013

No 190:  Water and Another Regulation Amendment Regulation (No. 1) 2013 – 27-09-2013 Sustainable Planning Act 2009; Water Act 2000

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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