The Property Mill Queensland – 2 October 2015

October, 2015

In the media

Government canvassed probe into BoM over global warming claims

The BoM strongly rejected assertions it was altering climate records to exaggerate estimates of global warming. The Department of Prime Minister and Cabinet originally wanted the taskforce to conduct “due diligence to ensure Australia’s climate and emissions data are the best possible (24 September 2015)

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The Turnbull Government to have a greater focus on regional cities

The organisation Regional Capitals Australia says the new Federal Government appeared to have upped its focus on regional cities (24 September 2015)

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New Zealand deports Kiribati ‘climate change refugee’ after a four-year battle

New Zealand has deported a Kiribati man who argued he should be allowed to stay in the country as a refugee because the effects of climate change threatened his homeland (23 September 2015)

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Money laundering poses risk to property lawyers

Money laundering activities are rife in the property industry and lawyers could be implicated if they are not careful, according to a financial crime consultant (22 September 2015)

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Carbon Reference Price under the AFMA Australian Carbon Benchmark Addendum

Further to AFMA Market Notice 4-2014 on 24 July 2014, and for the purposes of clarity, the “carbon reference price” for the purposes of the AFMA Australian Carbon Benchmark Addendum continues to be $0/tonne of CO2-e (exclusive of GST) (22 September 2015)

For more information, please click here.

Additional divestment of illegally owned properties

The Treasurer announces that he has ordered the sale of five additional residential properties unlawfully held by foreign nationals. The foreign investors involved either purchased established property without Foreign Investment Review Board approval, or had approval but their circumstances changed (16 September 2015)

For more information, please click here.

Queensland

Federal Government invests $3.5 million in Solar Plant for North Queensland

A $23.4 million Solar Plant will now supply renewable energy to Weipa’s bauxite mine, processing facilities, township and port in the first commercial diesel displacement solar plant at a remote mining operation in Northern Australia (29 September 2015)

For more information, please click here.

All systems go on the Gold Coast

Acting Premier Curtis Pitt visited the Gold Coast to discuss some of the city’s major development proposals and announces that ASF Consortium has appointed local architecture firm, Cox Rayner, to lead an international design team in the development of the Gold Coast Integrated Resort master plan (28 September 2015)

For more information, please click here.

Cleaning up our Great Barrier Reef ahead of the wet season

The Australian Government through its $140 million Reef Trust has provided $700,000 to clean-up marine debris across the Great Barrier Reef, protecting iconic species and helping to conserve the Reef’s outstanding universal value (22 September 2015)

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Aquis back into Integrated Resort Development process

The team behind the Aquis Great Barrier Reef Resort project in Cairns have signed a Process Deed to re-enter the Integrated Resort Development (IRD) Process (19 September 2015)

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Design progressing on Gateway Upgrade North project

Work on designing the $1.162 billion Gateway Upgrade North project between Nudgee and Bracken Ridge has progressed to its final stage (18 September 2015)

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Published – articles, papers, reports

Australian Bureau of Statistics

Residential Property Price Indexes: Eight Capital Cities, Jun 2015 (cat no. 6416.0) – 22 September 2015

To view the report, please click here.

In practice and courts

AER: Review of Retail Exempt Selling Guideline September 2015 – request for submissions

The AER published a draft revised version of its Exempt Selling guideline for consultation and accompanying Notice of Draft Instrument. Submissions close on 09 November 2015 (25 September 2015).

To view the draft revised version of the Exempt Selling guideline, please click here.

To access the invitation for submissions, please click here.

AER: Stockland Property Management (Balgowlah Shopping Centre) application for individual exemption

On 3 September 2015, the AER accepted an application from Stockland Property Management Pty Ltd for an individual electricity exemption from the requirement to hold a retailer authorisation under the National Energy Retail Law. AER are now seeking submissions from interested stakeholders on Stockland Property Management Pty Ltd’s application by 1 October 2015.

To view the invitation for submissions, please click here.

Announcements, Draft Policies and Plans released 2015

Register now for the AELERT Conference, Brisbane 28-29 October 2015

The AELERT Conference will be held in Brisbane in October 2015, with the theme ‘Focus on the future: Innovative approaches to environmental regulation’. The conference will showcase the best examples of innovative solutions to real-world problems and leading practice in environmental regulation from around the region and around the world.

For more information on the event, please click here.

Cases

Gladstone Regional Council v Homes R Us (Australia) Pty Ltd [2015] QCA 175

ENVIRONMENT AND PLANNING – BUILDING CONTROL – COUNCIL CONSENT AND APPROVAL – CONSENTS, APPROVALS AND PERMITS – REFUSAL – OTHER MATTERS – where the applicant council issued a development permit to the respondent developer which approved a reconfiguration of the land on the condition that the respondent developer pay an infrastructure charge – where the Sustainable Planning Act 2009 (Qld) was amended in a way which, in relation to future approvals of this kind, precluded the imposition of infrastructure charges – where the respondent developer subsequently applied for an approval to reconfigure the same land – where the applicant council refused this application upon the ground that the development was inconsistent with the conditions of an existing development permit – where the primary court judge held that this case involved merely the substitution of a development permit for a more advantageous one – whether the second permit was a mere substitution – whether the primary judge gave adequate reasons.

To read the full case, please click here.

Marriott v Brisbane City Council [2015] QPEC 045

ENVIRONMENT AND PLANNING – Development control – Demolition – Building subject to Traditional building character overlay and Traditional building character (demolition) overlay code – Whether the demolition code performance and acceptable outcomes are satisfied – Whether demolition will result in the loss of traditional building character – Whether the subject house is in a street that has no traditional character – Whether the subject house is a building which does not contribute positively to the visual character of the street.

To read the full case, please click here.

Brisbane Comedy Pty Ltd t/as Albion Comedy Club & Restaurant v Malisano & Ors [2015] QCAT 340

RETAIL SHOP LEASES – DETERMINATION OF CURRENT MARKET RENT – whether determination by specialist retail valuer complies with requirements of Retail Shop Leases Act – whether valuer failed to take into consideration associated arrangements – whether valuer failed to specify the matters taken into account – whether reasons for decision adequate

To read the full case, please click here.

Legislation

Commonwealth

Australian Radiation Protection and Nuclear Safety Amendment Act No 125 of 2015

An Act to amend the Australian Radiation Protection and Nuclear Safety Act 1998, and for related purposes – Registered 15 September 2015, Date of Assent 10 September 2015.

To read the legislation, please click here.

Trade Marks Amendment (Iconic Symbols of National Identity) Bill 2015

A Bill for an Act to amend the Trade Marks Act 1995, and for related purposes – Registered 14 September 2015, Introduced HR 14 September 2015.

To read the legislation, please click here.

Contact Mills Oakley

For more information, please contact:

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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