The Property Mill – Queensland – 12 August 2013

August, 2013

In the media

Investors taking note of climate risks: report

Global climate change investor groups have published a report finding that asset managers are taking note of climate change risks when making investment decisions. The report found a majority of investors view climate change as a material risk and have largely retained or advanced their commitment to addressing climate change in investment activities (06 August 2013)

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Colliers International: demand from global retailers ramps up

Retail landlords can prepare themselves for an influx of overseas retailers, with estimates indicating a potential increase of another 230 stores, totalling 220,000 sqm in major CBDs in the next five years (05 August 2013)

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Native title law inquiry terms of reference announced

The Attorney-General  has announced the final terms of reference for the ALRC inquiry into specific areas of native title law, to ensure that the native title system continues to meet the needs of indigenous people well into the future (03 August 2013)

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A New Standard for Adapting Settlements and Infrastructure to a Changing Climate

ISCA welcomes the release of this new Australian Standard AS 5334 Climate Change Adaptation for Settlements and Infrastructure, congratulates the committee on its work and recognises the benefits this will bring to the infrastructure industry (01 August 2013)

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$6.4 million to tackle Australia’s deadly asbestos legacy

The Minister for Workplace Relations has announced an additional $6.4 million for the new Asbestos Safety and Eradication Agency to implement the National Strategic Plan for Asbestos Awareness and Management  (31 July 2013)

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Surplus Commonwealth Land should be used for Housing

Tens of thousands of new homes could potentially be accommodated on underutilised Commonwealth Government land across Australia’s major cities, according to the UDIA, calling on the Government to undertake thorough, regular auditing of its land assets (30 July 2013)

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Draft Legislation released to bring forward Emissions Trading

The Rudd Government has released an exposure draft of legislation to implement an earlier start to emissions trading, after the 16 July announcement indicating it would terminate the carbon tax and bring forward the emissions trading  scheme to 1 July 2014. An early start to emissions trading is expected to result in a lower carbon price (25 July 2013)

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Federal court halts Tarkine mine development

The development of Shree Minerals’ proposed Nelson Bay iron ore mine in the Tarkine region of Tasmania has been halted by last week’s Federal Court’s decision that federal environmental approval was erroneously granted. The court’s decision was based on law that any conservation advice is required to be specifically referenced as per s 139(2) of the Environment Protection and Biodiversity Conservation Act 1999 (24 July 2013)

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New ecotourism framework for Queensland national parks

The National Parks Minister said the Queensland Eco and Sustainable Tourism (QuEST) policy would support development of new and innovative ecotourism ideas, helping position Queensland as the number one ecotourism destination in Australia  (30 July 2013)

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Proposed levee management to boost flood resilience

Queensland’s flood resilience will be strengthened by proposed new rules regarding the management of levee banks, releasing a Regulatory Impact Statement about a new regulatory framework for community consultation (26 July 2013)

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Feedback on future agricultural research plan

Agri-businesses and communities are encouraged to have their say on the Queensland Government’s agricultural Research Development and Extension (RD&E) plan, which will support the Government’s target of doubling the State’s agricultural production by 2040 (26 July 2013)

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Brisbane business wins Supreme Court case over stormwater insurance

A Supreme Court decision has overturned an insurance company decision not to pay out. In a ruling last week, a judge found that damage from water that backed up from swamped stormwater drains was covered by a Milton business’s insurance policy, rejecting its insurer’s bid not to pay (25 July 2013)

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Published – articles, papers, reports

State of Australian cities 2013 / Department of Infrastructure and Transport

This report brings together current research, including newly released data from the 2011 Census, to present a comprehensive snapshot of Australian cities (30 July 2013)

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Energy Use, Electricity Generation and Environmental Management2011-12/ ABS

This publication presents estimates of energy consumption and generation by Australian businesses for 2011-12. These estimates were compiled from the Energy, Water and Environment Survey conducted by the Australian Bureau of Statistics (ABS) (30 July 2013)

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CPI June quarter 2013 / Australian Bureau of Statistics

The Consumer Price Index (CPI) rose 0.4 per cent in the June quarter 2013. The most significant price rises in the June quarter 2013 were for medical and hospital services (+3.4%), tobacco (+3.0%), new dwelling purchase by owner-occupiers (0.9%), furniture (+4.8%) and rents (+1.1%) (24 July 2013)

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In practice and courts

AASB updated staff paper on Accounting for Carbon Tax by Emitters

The updated version of staff paper titled “Possible Financial Reporting Implications of the Fixed Price Phase of the Carbon Pricing Mechanism for Emitter Entities”  is designed to assist AASB constituents in identifying the key general purpose financial reporting issues that may arise for emitter entities during the fixed price phase of the Carbon Pricing Mechanism (CPM) (29 July 2013)

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Green Building Day 2013: megatrends for the property sector

This week’s Green Building Day keynote speech by GPT’s sustainability manager Bruce Precious summed up six key trends that will shape the property sector over the coming decades (25 July 2013)

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Department of Climate Change: public comment on draft emissions trading legislation

The Department is seeking public comment on the draft legislation to start emissions trading on 1 July 2014. The draft bills make amendments to the Clean Energy Act 2011, the Australian National Registry of Emissions Units Act 2011, the Fuel Tax Act 2006, and the Excise Tariff Act 1921. See Documents include Explanatory material and draft bills (23 July 2013)

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Announcements, Draft Policies and Plans released 2013

Changes under the Body Corporate and Community Management Act 1997

A new version of the Form 14 (Information Sheet) under the Body Corporate and Community Management Act 1997 is effective from Thursday 1 August 2013 (version 11), which includes strict requirements for presentation of prescribed warning statements and information sheets. Failure to comply may result in cancellation of the contract (01 August 2013)

See Office of the Commissioner for Body Corporate and Community Management and BCCM Form 14 here.

EHP: Draft eligibility criteria and standard conditions for prescribed environmentally relevant activities (ERAs) available for consultation 

Standard environmental authority applications for certain lower-risk activities are subject to eligibility criteria and standard conditions.  EHP has released the proposed eligibility criteria and standard conditions for 19 prescribed ERAs—including screening, small sewage treatment plants and meat processing—for public consultation.  Refer to the Consultation information sheet for further information on preparing your submission.  Submissions close 19 August 2013.

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EHP: Model mining conditions 

A model mining conditions guideline is now available for site specific mining activities.  The model conditions may be used as a basis for proposing environmental protection commitments for site specific mining activities (July 2013)

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Cases

Westlink Pty Ltd atf Westlink Industrial Trust v Lockyer Valley Regional Council & Ors (No 4) [2013] QPEC 035

Integrated Planning Act 1997 s3.5.14(2)(b) – development application for a natural gas-fired electric power station in a rural area near Gatton – use inconsistent with purpose of zone – further conflict (considered minor in light of other development existing, approved and possible under the planning scheme) with the “overall outcome” desired of rural landscape character – need for proposal established – it would assist meeting and add competition in respect of peak hours demand in South East Queensland for electricity, using relatively clean fuel in a favourable location, conformably with what the South East Queensland Regional Plan 2009-2031 called for – relevance of falling overall demand for electric power – respondent Council argued proposal was not viable.

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Dennis John Couper and Anita Clarie Couper v Valuer-General [2013] QLC 49

Practice and Procedure – onus of proof Valuation – valuation methodology – use of relevant sales best evidence – relativity of valuations of other blocks only relevant if those valuations are shown to be correct –“top down” or “bottom up”valuation approach –assessment of disabilities.

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LMT Surgical P/L v Allianz Australia Insurance Ltd [2013] QSC 181

INSURANCE – PROPERTY AND PECUNIARY LOSS INSURANCE – CONDITIONS, WARRANTIES AND EXCEPTIONS – FLOOD DAMAGE – where the plaintiff had insurance in relation to a property in Milton – where plaintiff’s premises was inundated by water from local run-off and from a back-flow of water from the Brisbane River through two local storm water drainage pipes – where the insurance policy contained a clause that exempted the insurer from being liable if “damage occasioned by or happened through flood” – whether water overflowed from the normal confines of a natural watercourse – whether insurer liable to indemnify plaintiff

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Legislation

Commonwealth

Australia New Zealand Food Standards Code — Standard 1.4.2 — Maximum Residue Limits Amendment Instrument No. APVMA 4, 2013

This Instrument amends the Australia New Zealand Food Standards Code – Standard 1.4.2 – Maximum Residue Limits (Australia Only) to include or change maximum residue limits pertaining to agricultural and veterinary chemical products (01 August 2013)

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Greenhouse and Energy Minimum Standards (Television) Determination 2013 (No. 2)

The determination covers the Greenhouse and Energy Minimum Standard (GEMS) requirements for televisions that are ordinarily supplied for personal, domestic or household use (01 August 2013)

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Greenhouse and Energy Minimum Standards (Registration Fees) Instrument 2013 (No. 2)

This instrument specifies registration fees payable in relation to applications under section 41 of the Greenhouse and Energy Minimum Standards Act 2012 (01 August 2013)

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Clean and Renewable Energy Legislation Amendment (Various Measures) Regulation 2013 SLI 144/2013

Commencement 29/07/2013-  This regulation provides for the gradual phasing out (from 2017) of the upfront certificate allocations for eligible small-scale renewable energy systems, removes the requirement to provide out-of-pocket cost data in relation to eligible small-scale generation systems, and reduces documentation requirements for small-scale generation returns

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Competition and Consumer Act 2010 Prices, Costs and Profits Relating to Supply Unleaded Petrol

Competition and Consumer Act 2010 – Monitoring of the Prices, Costs and Profits Relating to the Supply of Unleaded Petroleum Products in the Petroleum Industry in Australia (15/07/2013): This direction gives effect to the ACCC to monitor the prices, costs and profits relating to the supply of unleaded petroleum products in the petroleum industry in Australia for one year, effective from 17 December 2013 (25 July 2013)

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Marine Order 98 (Marine pollution – anti-fouling systems) 2013  AMSA MO 2013/13

This order gives effect to those provisions of the Convention that provide for controls on anti-fouling systems and for the survey, inspection and certification of ships for those systems, and prescribes survey and certification requirements and forms to be used to report happenings (24 July 2013)

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Queensland

Regulations

No 145: Liquor Amendment Regulation (No. 1) 2013–  26 July 2013 – Amends the Liquor Act 1992 with Prescribed criteria for show or exhibition—Act, s 4, definition small regional Show, the prescribed criteria for a show or exhibition including dates, liquor trading hours and duration of show

No 147: Aboriginal Land Amendment Regulation (No. 5) 2013 – 26 July 2013 – Amends the Aboriginal Land Act 1991

No148: Local Government Legislation Amendment Regulation (No. 3) 2013 – 26 July 2013 – Amends the City of Brisbane Act 2010; Local Government Act 2009 with preparation and content of budget for local government and City of Brisbane

No 150: Transport and Other Legislation Amendment Regulation (No. 1) 2013 – 26 July 2013 – Amends the State Penalties Enforcement Act 1999; Transport Operations (Road Use Management) Act 1995

No 151:  Sustainable Planning Amendment Regulation (No. 4) 2013 – 02 August 2013 – Amends the Sustainable Planning Act 2009 with excluded matters for SCL or potential SCL concurrence agency jurisdiction) and clearing of native vegetation—not assessable development

No 152:  Foreign Ownership of Land Register Regulation 2013 – 02 August 2013 – Amends the Foreign Ownership of Land Register Act 1988 – new fees schedule effective from 01 September   –  Computer printout of the details, recorded in the register,of interests in land held by a person (Act, s 14) – $14.90

Contact Mills Oakley

 

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

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