The Property Mill – Queensland – 10 September 2013

September, 2013

In the media

Brisbane leads August recovery as Melbourne and Perth record weakest monthly change

Brisbane dwelling prices bounced back 1.5% over the month of August, according to RP Data. The median dwelling price in Brisbane is currently at $429,000 – up 1.7% for the quarter and 2.5% for the year (02 September 2013)

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Disaster-struck regions take years to recover economically

The Regional Australia Institute (RAI) report has found communities hit by natural disasters are still recovering more than five years later, due to long-term economic impacts (29 August 2013)

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GBCA announces green star to adopt life cycle assessment

The Green Building Council of Australia has announced new credits available for life cycle assessment as part of its Green Star 2014 program. Up to eight points can be claimed under the updated Innovation category, with the maximum points in the category being raised from five to 10 (28 August 2013)

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New legislation for alternatives for accessibility

Since the introduction of the Disability (Access to Premises – Buildings) Standards 2010, the property industry has been awash with misinformation about how existing property assets must be upgraded to comply with the new legislation (31 August 2013)

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Patent Shows Promise for Improved Method of Carbon Capture

According to a United States patent based on research by Dr. Jason Bara, an innovative method for stripping greenhouse gases such as carbon dioxide from industrial emissions is potentially cheaper and more efficient than current methods (27 August 2013)

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Queensland council financial probe launched

The Queensland government will instigate a ministerial probe into the financial operations of the Fraser Coast Regional Council and the Wide Bay Water Corporation (WBWC) after highly publicised board sackings, resignations and a $73.5 million debt created between the council and the WBWC (30 August 2013)

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University of Queensland’s Zero energy, carbon neutral Global Change opens

The University of Queensland’s $32 million, 3865 square metre building  zero energy, carbon neutral Global Change Institute has officially opened (29 August 2013)

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Queensland national parks set to shine

Visitors to Queensland could soon be swapping humdrum hotels for secluded shearers quarters and homesteads, under a new plan to repurpose facilities through outback Queensland’s national parks (28 August 2013)

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Livestock dominates Queensland land use, but residential land is worth more

The first land account for Queensland has found that livestock grazing is the largest use of the state’s land, using 102 million hectares or 59 percent of the state, according to a report released today by the Australian Bureau of Statistics (ABS) (28 August 2013)

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Queensland Ecotourism Plan released

Queensland’s future as Australia’s top nature-based tourism destination is all mapped out, with the release of the Ecotourism Plan 2013–2020. The Ecotourism Plan proposes 43 actions to be delivered over three years to ensure Queensland is a world leader in ecotourism (27 August 2013)

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Queensland liquor red tape slashed

The Newman Government continues to deliver on its commitment to slash red tape with a range of liquor licensing reforms approved by Cabinet. Queensland’s restaurants, cafes and small community clubs as licensed venues will no longer require an approved manager to be on site if they don’t operate past midnight (27 August 2013)

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Ports back to pre-GFC coal volumes

Queensland’s coal passing through the major ports has returned to pre-GFC and pre-flood production in a further sign of a strengthening economy. The 16.257 million tonnes (Mt) of coal that moved through Queensland ports last month was the highest July total ever recorded  (22 August 2013)

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Published – articles, papers, reports

On Track; Implementing High Speed Rail in Australia / High Speed Rail Advisory Group Report

Major recommendations include: Formally commit to high speed rail and settle arrangements; Protect the corridor (initially through national legislation) and Refer high speed rail to Infrastructure Australia for initial assessment (26 August 2013)

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Coal and gas mining in Australia: opportunities for national law reform / The Australia Institute (TAI)

This report identifies existing Commonwealth law and policy relevant to the regulation of coal mining and unconventional gas exploration and production in Australia (21 August 2013)

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In practice and courts

Australian National Conference on Resources and Energy 2013

The conference in Canberra, 03-04 October,  will provide an opportunity to showcase leading-edge Australian and international research on key issues such as the global gas revolution, China’s growth prospects, the community licence to operate, Indigenous communities and mining, renewable energy developments and also energy efficiency.

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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

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Announcements, Draft Policies and Plans released 2013

State Planning Policy 1/03: Mitigating the adverse impacts of flood, bushfire and landslide

The SPP 1/03 expires on 01 September 2013. Local governments will not be able to make any new designations of natural hazard management areas (flood) for an interim period from 1 September 2013. Designations made prior to 1 September 2013 will continue to apply

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City Centre Master Plan 2013 launch

The new  City Centre Master Plan 2013 sets out how Council will guide the future economy, cultural and transport systems of Brisbane’s CBD over the next 20 years. The Master Plan will set new directions for architecture and public spaces in the city centre (02 September 2013)

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OSR updates

Updated Public Ruling for transfer duty

The Commissioner has issued Public Ruling DA000.7.2—Transfer duty relief on acquisition of rural properties for farm rationalisation purposes.  The Ruling has been amended to clarify that relief under the Ruling is only available (provided all other conditions are met) for transactions entered into on or before 31 August 2013.  This is consistent with the discontinuance of the scheme published under the Ruling from 1 September 2013, as announced on 18 July 2013 (20 August 2013)

Recent approvals and opportunities to object to Mining Lease and Environmental Authority Applications

GVK and Hancock Coal’s Kevin’s Corner coal mine – Mining Lease and Environmental The proposed by Hancock Galillee Pty Ltd near Emerald is open for public objection. The project proposes 40 years of coal mining. View the public notice of the application here: http://www.edo.org.au/edoqld/wp-content/uploads/2013/08/2013-08-Kevins-Corner-EA-and-ML.jpg The last day to file an objection is 6 September 2013.

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Cases

Clift Investments Pty Ltd v Valuer-General [2013] [2013] QLC 56

Valuation – site value – single unit residential lot – vacant (or lightly improved) sales best evidence of value – rationale – preferred to improve d sales or applied values to other properties – need to assess added value of improvements. Valuation – mortgagee sales – many passed in at auction – whether evidence of falling market – countered by sales evidence showing improved trend

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Bruce and Cheryl Gatfield v Valuer-General [2013] [2013] QLC 55

Valuation – site value of single residential property – scarcity of unimproved sales for basis – whether sufficient to establish market – whether premium attached to sales – evidence necessary – none provided – onus of proof on appellant. Valuation – site value of single residential property –  relationship between land size and value per m² – need to consider all features – size, aspect, topography, location, shape of block, zoning – area comparison not proper valuation practice. Valuation – site value – single residential property – sub- market established for prestige area – relativity between properties desirable – but sales key comparison.

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Cases to 27 August 2013

Orsay Holdings Pty Ltd v Mecanovic & Ors [2013] QCA 232

LANDLORD AND TENANT – RETAIL AND COMMERCIAL TENANCIES LEGISLATION – JURISDICTION, POWERS AND APPEALS OF COURTS AND TRIBUNALS – JURISDICTION GENERALLY – where tenant brought action against landlord for damages for breach of the covenant for quiet enjoyment – where tenant alternatively sought compensation under s 43 of the Retail Shop Leases Act 1994 (Qld) – where damages and compensation sought for periods before and after the expiry of the lease – where landlord argued QCAT did not have jurisdiction to award compensation under s 43 after expiry of the lease – where lease remained a “retail shop lease” after its expiry – where tenant’s claim for damages for breach of covenant was a “retail tenancy dispute” – whether QCAT has jurisdiction to award compensation under s 43 after expiry of the lease – whether QCAT has jurisdiction to award damages for breach of covenant for quiet enjoyment after the expiry of the lease

LANDLORD AND TENANT – RETAIL AND COMMERCIAL TENANCIES LEGISLATION – JURISDICTION, POWERS AND APPEALS OF COURTS AND TRIBUNALS – APPEALS – where tenant brought action against landlord in QCAT for breach of covenant for quiet enjoyment – where tenant was successful – where landlord appealed unsuccessfully to the QCAT appeal tribunal – where landlord applies for leave to appeal from the decision of the appeal tribunal – where landlord argued appeal tribunal overlooked legal principle – where legal principle had been considered in original QCAT decision – whether question of law or fact – whether application for leave to appeal should be granted

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Reeves v O’Riley [2013] QCA 229

CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – FORMATION OF CONTRACTUAL RELATIONS – AGREEMENTS CONTEMPLATING EXECUTION OF FORMAL DOCUMENT – WHERE CONCLUDED CONTRACT – where tenants in common corresponded through their solicitors with a view to the transfer of the interest of one to the other – where the proposed transferor died without having signed the transfer documents, leaving a will in which he devised his interest in the property to his son – whether the trial judge erred in finding that the letters exchanged constituted offer and acceptance – whether the letter from the transferor’s solicitors constituted a memorandum of the contract as required by s 59 of the Property Law Act – whether the transferor’s solicitor had authority to sign the letter

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Legislation

Commonwealth

Marine Order 97 (Marine pollution prevention — air pollution) 2013

AMSA MO 2013/16 – This order repeals Marine Order (Marine pollution prevention — air pollution) 2007 and gives effect to Annex VI of MARPOL, which deals with prevention of air pollution from vessels (02 September 2013)

To read more, please click here.

Queensland

Regulations

No 162:  Statutory Instruments Amendment Regulation (No. 1) 2013 – 23-08-2013 – Statutory Instruments Act 1992-2013 – Instruments mentioned in this part expires on 31 August 2014

No 164:  Nature Conservation Legislation Amendment Regulation (No. 1) 2013 – 23-08-2013 – Nature Conservation Act 1992

No 165:  Proclamation commencing certain provisions of the Land, Water and Other Legislation Amendment Act 2013 (part 13, division 3 of the Act) on 23 August 2013

No 166: River Improvement Trust Regulation 2013 – 23-08-2013 – River Improvement Trust Act 1940 – register and numbering of improvement notices

No 167: Valuers Registration Regulation 2013 – 23-08-2013 – Valuers Registration Act 1992 – code of professional conduct and schedule of fees

No 168:  Sustainable Planning Amendment Regulation (No. 5) 2013 – 30-08-2013 – Sustainable Planning Act 2009 – for development for the G20 component of the Government Wireless Network Project necessary to provide a radiocommunications network to support the G20 events in Queensland in 2014

No 170:  Mineral Resources Regulation 2013 – 30-08-2013 – Coal Mining Safety and Health Act 1999; Mineral Resources Act 1989 and  Petroleum and Gas (Production and Safety) Act 2004  –  for mining  tenements, licences, leases and royalties

No 173:  Plant Protection (Approved Sugarcane Varieties) Amendment Declaration (No. 1) 2013 – 30-08-2013 – Plant Protection Act 1989

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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