The Property Mill Queensland – 21st July 2014

July, 2014

In the Media

Productivity Commission’s Final Report on Public Infrastructure released

The majority of reforms recommended by the Commission relate directly to state and territory governments, with the Government leveraging a record $125 billion of public and private investment in infrastructure over the next decade (15 July 2014)

To read more, please click here.

RBA Research Discussion Paper – Is Housing Overvalued

This paper examines whether it costs more to own a home or to rent. We argue this is a useful criterion for assessing housing overvaluation. We use a new Australian dataset, which includes prices and rents for matched properties, letting us value housing in levels (14 July 2014)

To read more, please click here.

CFMEU charged with contempt over Wind Farm blockade

FWBC has filed contempt of court charges in the Federal Court of Australia against the CFMEU alleging the union breached an undertaking it provided to the Court not to prevent, hinder or interfere with access to and from the Bald Hills Wind Farm Project (11 July 2014)

To read more, please click here.

Fair pricing for power

Reform of electricity tariffs is urgently needed to prevent all Australians paying too much for power and some people paying more than their fair share. A new report recommends a change to the way consumers pay for the network that carries electricity from generators to homes, so that it better reflects the cost of running the network (06 July 2014)

To read more, please click here.

Working towards rollout of 20 Million Trees

Work towards the commencement of the 20 Million Trees Programme is continuing to progress and the Government is now seeking feedback from organisations who may wish to be involved in the rollout (04 July 2014)

To read more, please click here.

CCC calls for comment on AqAuis’ proposed acquisition of the Reef Hotel Casino

The ACCC outlines potential competition concerns with the proposed acquisition has the potential to reduce the number of casino owners in Cairns from two to one, removing potential competition between the Reef Casino and the Aquis Resort (03 July 2014)

To read more, please click here.

Exploration development incentive boosts greenfields development

The Government has launched the Exploration Development Incentive, which will assist junior explorers in raising capital from private sector investors through a refundable tax offset (02 July 2014)

To read more, please click here.

Concerns as PNG prepares to return land to traditional owners

Community groups have welcomed the Papua New Guinea Government’s announcement it will abolish special agricultural business leases, but the Oakland Institute policy director says there’s concern that many leases already issued aren’t being revoked (01 July 2014)

To read more, please click here.

Sunshine Coast council cites near doubling of development approvals

The Sunshine Coast council says development activity in the region is at a three-year high, with more than 1,500 development lots approved in the past 12 months (10 July 2014)

To read more, please click here.

Government plan to supercharge Queensland regions

A new regional framework has identified six priority action areas, including planning for development and infrastructure services. There will also be a new whole-of-government plan to manage Projects of Regional Significance, nine of which have been identified (09 July 2014)

To read more, please click here.

Electricity providers trying to block solar from grid: Australian Solar Council

The council has criticised moves by Ergon and Energex to encourage new customers to install smaller solar systems that do not feed electricity back into the power grid (08 July 2014)

To read more, please click here.

30-year ResourcesQ vision open for comment

Queenslanders will get to have their say on the proposed 30-year ResourcesQ vision to drive economic growth and create jobs in the resources sector (07 July 2014)

To read more, please click here.

Coordinator General approves new Bowen Basin mine

The Queensland Government announces approval by Queensland’s independent Coordinator General of the $1.76 billion Byerwen Coal project, subject to 122 conditions to responsibly manage the impacts of the project. The full report will be available shortly at www.dsdip.qld.gov.au/byerwen (02 July 2014)

To read more, please click here.


Published – articles, papers, reports

Fighting dirty on clean energy: the case for the Renewable Energy Target / Matt Grudnoff; The Australia Institute

This paper is designed to demystify the Renewable Energy Target, look at what it has achieved and what it is capable of achieving, and to consider the challenges it faces in the near future (10 July 2014)

To read more, please click here.

Fair pricing for power / Grattan Institute

The report finds that a different way of charging customers could have saved network businesses nearly $8 billion in reduced investment over five years. A second tariff is recommended for households in geographic areas where the network is under greatest strain and where expensive new infrastructure will have to be built unless the strain is relieved (06 July 2014)

To read more, please click here.


In practice and courts

Wet Tropics Reef Trust project: request for tender

$5 million will be used to provide financial incentives to sugar cane farmers in the Wet Tropics to improve nutrient use efficiency and farm sustainability. The closing date for applications to be the service provider for the Reef Trust tender project is 5 August 2014.

To read the Request for Tender please click here. (11 July 2014)

Carbon Farming Initiative Update – 03 July 2014

The Carbon Credits (Carbon Farming Initiative) Act 2011 requires the Clean Energy Regulator to publish quarterly reports about the number of Australian carbon credit units (ACCUs) it has issued. The total number of ACCUs issued from 1 April 2014 to 30 June 2014 is 1,292,331.

To read the full report, please click here.

OSR: updated rulings 07 July 2014

Public Ruling DA000.1.3—Private rulings on unexecuted instruments or proposed transactions removes references to mortgage duty, given the abolition of mortgage duty from 1 July 2008. The Ruling takes effect from 25 June 2014.

Public Ruling TAA000.1.6—Part 6 of the Taxation Administration Act 2001—objections, reviews and appeals clarifies the objection, appeal and review rights available to taxpayers.
The Ruling takes effect from 1 July 2014.

Development applications and compliance permits from 04 July 2014

Development of land listed on the EMR or CLR, which is for a material change of use to a sensitive use or a commercial use involving an accessible underground facility, now requires a compliance permit from an approved contaminated land auditor.

For further information please click here.

Current reviews

Queensland State Land Review: discussion paper

The review will focus on: improving investment certainty for business and residential leaseholders by providing them with greater flexibility to allow the leased land to be used by third parties; providing greater flexibility to local government as managers of state land and streamlining government administration of state land. Submissions close on 31 August 2014

To read more, please click here.

 

Cases

Jones v Jones [2014] QDC 150

EQUITY – TRUSTS AND TRUSTEES – IMPLIED TRUSTS – CONSTRUCTIVE AND RESULTING TRUSTS – UNCONSCIONABILITY, UNCONSCIONABLE DEALINGS AND OTHER FORMS OF EQUITABLE FRAUD – where the plaintiff claims that payment was made to the defendant on account of her having a life tenancy or interest in the defendant’s property – whether a constructive trust arose in order to protect against the equitable fraud or unconscionability inherent in the defendant’s insistence upon his right to evict the plaintiff from occupancy of the property

EQUITY – GENERAL PRINCIPLES – UNCONSCIONABLE CONDUCT AND UNCONSCIENTIOUS DEALING – Whether the transaction was an unconscionable dealing and should be set aside – Where plaintiff was the defendant’s mother and cared for the defendant’s daughter – whether the plaintiff had a special disability in terms of her emotional attachment to the care of her granddaughter and to pleasing her son

EQUITY – EQUITABLE REMEDIES – identifying and valuing allowance to be made for the benefit the plaintiff received by way of residence and payments made by the defendant – where declaration of a constructive trust cannot be effective relief – award for equitable compensation – whether appropriate compensation should include an allowance for compound interest

To read more, please click here.

 

Legislation

Bills

Clean Energy Legislation (Carbon Tax Repeal) Bill 2014

Environment Minister Greg Hunt second reading speech introducing the legislation on 14 July 2014

To read more, please click here.

True-up Shortfall Levy (General) (Carbon Tax Repeal) Bill 2014

Environment Minister Greg Hunt second reading speech introducing the legislation on 14 July 2014

To read more, please click here.

True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Bill 2014

Environment Minister Greg Hunt second reading speech introducing the legislation on 14 July 2014

To read more, please click here.

Acts

Environment Protection and Biodiversity Conservation Amendment (Cost Recovery) Act No 75 of 2014

An Act to amend the Environment Protection and Biodiversity Conservation Act 1999, and for related purposes Originating Bill: Environment Protection and Biodiversity Conservation Amendment (Cost Recovery) Bill 2014 Registered 02 Jul 2014 Date of Assent 30 Jun 2014

To read more, please click here.

Subordinate legislation

No 147 Proclamation commencing remaining provisions of the Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 on 04 July 2014

No 148 State Development and Public Works Organisation Amendment Regulation (No. 1) 2014 – 04 July 2014

No 149 Sustainable Planning Amendment Regulation (No. 4) 2014 – 04 July 2014

No 151 Water Amendment Regulation (No. 1) 2014 04 July 2014 – new section on desired level of service objectives and water security program

No 153 Aboriginal Land Amendment Regulation (No. 4) 2014 – 04 July 2014

No 155: Economic Development Amendment Regulation (No. 3) 2014 – 11 July 2014 –

Economic Development Act 2012 – The purpose of this regulation is to give effect to the Maroochydore City Centre Priority Development Area (PDA) Development Scheme.

The Maroochydore City Centre PDA Development Scheme will replace the existing Interim Land Use Plan that was introduced by regulation at the time of the declaration of the PDA and expires 12 months after commencement.

No 157: Nature Conservation (Protected Areas Management) Amendment Regulation (No. 2) 2014 – 11 July 2014 – Nature Conservation Act 1992 – Permitted uses in relevant areas amended to include installation of infrastructure for “Communications use” for D’Aguilar Range National Park, Dinden National Park and Magnetic Island National Park

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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