The Property Mill Queensland – 27 June 2014

June, 2014

In the Media

Coal accounts for record 30% of global use

The BP Statistical Review says wind generation rose 21 per cent last year, and solar 33 per cent, while oil remained the world’s leading fuel accounting for 33 per cent of all energy consumption, but its share continues to fall. Coal use for power generation grew 3 per cent last year, the fastest of the fossil fuels, to breach 30 per cent of the global energy market for the first time since 1970. (17 June 2014)

For more information, please click here.

Green jobs declining in Australia

Australia is one of the few places in the world where green jobs are decreasing according to figures released by the International Renewable Energy Agency. Globally the sector now provides an estimated 6.6 million jobs, an increase of 800,000 from 2013 figures. (17 June 2014)

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NEM Electricity Demand Continues Downward Trend

Electricity consumption in the National Electricity Market (NEM) is forecast to decline over the next three years. The 2014 NEFR published by the AEMO shows that excluding liquefied natural gas (LNG) projects in Queensland, there is a 1.1% average annual decrease in overall NEM electricity consumption in the short term to 2016-17. (16 June 2014)

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Improved health and increased funding for Great Barrier Reef

The Great Barrier Reef Report Card 2012 and 2013, released by Federal Minister for the Environment shows the efforts of farmers and graziers have made for the improved the quality of water entering the reef catchment. (12 June 2014)

For more information, please click here.

Ranger given approval to restart processing

The Australian Minister for Industry and Northern Territory Minister for Mines and Energy, have provided Energy Resources Australia (ERA) with approval to restart the Ranger processing plant.

This decision follows an intensive investigation of the leach tank circuit and other critical infrastructure by independent experts Noetic Risk Solution and HRL Technology. (05 June 2014)

For more information, please click here.

Home insurance premiums ‘may double’

Climate Institute research has found that extreme weather risk combined with climate events could double the price of home insurance premiums, and warns homebuyers that extreme weather risks and climate events could erode property values in some areas by 20 per cent or more within the term of a mortgage. (05 June 2014)

For more information, please click here.

GBCA: Green Star Design & As Built

The release of the draft credits is a major milestone in the evolution of Green Star.  Green Star – Design & As Built, a ‘next generation’ Green Star rating tool, will be able to assess the sustainability achievements of most building uses in Australia with the exception of single-unit dwellings. This is the first time GBCA have released an entire suite of draft credits for public comment. (02 June 2014)

For more information, please click here.

New plan for North West Queensland

Premier Campbell Newman launches the North West Queensland Strategic Development Study, led by Mt Isa to Townsville Economic development Zone (MITEZ). Growth in greenfield exploration and high-quality geoscience were identified as high priorities, as well as significant emphasis on promoting Queensland as an exploration jurisdiction of choice. (17 June 2014)

For more information, please click here.

Queensland LNG Projects Drive NEMs Highest Demand

Three large liquefied natural gas (LNG) projects ramping up in 2014-15 in Queensland are the single biggest driver of electricity consumption in the state over the next three years. (16 June 2014)

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Galilee rail zone reduced by 94 per cent

The State Government has taken the next step in unlocking the resource-rich Galilee Basin and creating up to 28,000 Queensland jobs by officially declaring the Galilee Basin State Development Area. (16 June 2014)

For more information, please click here.

Qld government takes over assessment of major wind farm from council

Political sentiment surrounding sustainable energy could soon become be highly changeable, especially as investors continue to pursue real commercial returns on major projects in regional areas. (13 June 2014)

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Leaseholders to benefit from more land reforms

There will be greater opportunities for local and regional development, economic prosperity will be built and thriving communities promoted after the launch of the second phase of the review of Queensland’s state land. This includes leasehold land, state forests, and land managed for broader community purposes such as community reserves, stock routes and local roads. (10 June 2014)

For more information, please click here.

Life made easy for Queenslanders buying off the plan

After extensive consultation with the property industry, administrative processes will be streamlined to avoid the need for complicated forms, and duplicated disclosure obligations will be removed.   Buyers and sellers will also be given the freedom to make their own contractual agreement on small non-community title developments of 5 lots or less. (05 June 2014)

For more information, please click here.

Buyer-Beware: Home Insurance, Extreme Weather and Climate Change / Climate Institute; CHOICE: June 2014

The research reveals the growing risks for homeowners and also offers important new tools to assist homebuyers to assess current and future risk to what is often the biggest asset purchase of their lives.

For more information, please click here.

Renewables 2014 Global Status Report

Covers: expansion of supporting policies in developing economies; additions to electricity generating capacity; progress made in renewables heating and cooling; shifts in investments; leaders in renewable energy deployment; evolution of the renewable energy field in the last decade. (available June 2014)

For more information, please click here.

Exploration destination: Positioning Queensland as Australia’s premier exploration state / Ministerial Advisory Committee on Exploration report (MACE)

The report provided 18 recommendations across nine areas. The committee has advised the government to make more land available for exploration, deliver more high-level, world class geoscience and grow and expand incentives to support greenfield exploration. (released 17 June 2014)

For more information, please click here.

Published – articles, papers, reports

Queensland State Land – strengthening our economic future:  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.

For more information, please click here.

Queensland Heritage Act Review

The Government   has released a discussion paper on the review of the Queensland Heritage Act 1992.Our heritage: A collaborative effort provides an overview of the current and proposed operation of five parts of the Heritage Act which are up for review: 1. Queensland Heritage Register 2. Doing work to heritage places 3. Local government 4. Archaeology 5. Enforcement. Consultation on the discussion paper closes on Friday, 20 June.

For more information, please click here.

In practice and courts

Water Act 2007 Review

The overarching focus of the Review is to consider whether the Water Act is delivering on its objectives effectively and with the minimum necessary regulatory burden imposed on the water industry, water managers and irrigators. Submissions close Friday 4 July 2014.

For more information, please click here.

Next generation Green Star rating tool: scoping paper

The scoping paper outlines the GBCA’s proposed approach to the new rating tool, including an improved certification pathway, online delivery platform and revised weighting system. Feedback period is open until 31 July 2014. 

For more information, please click here.

[Draft] Cultural Precinct Master Plan

The plan will guide future development and investment in the South Bank cultural precinct over the next 20 years. The State has extended the consultation period on the draft Master Plan until June 27, 2014.

For more information, please click here and here.

Cidneo Pty Ltd v Chief Executive, Department of Transport and Main Roads [2014] QLAC 3

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – COMPENSATION – ASSESSMENT – GENERALLY – where the appellant owned a parcel of land, part of which was resumed by the respondent in order to upgrade the Ipswich Motorway – where the compensation was determined by the before and after method and use of hypothetical cash flows – where the method required assumptions about future contributions for road works –where the appellants submit that the contributions constitutedinjurious affection – whether compensation should be assessed under each head under s 20(1) of the Acquisition of Land Act 1967 (Qld) or by use of the before and after method.

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – COMPENSATION – ASSESSMENT – MARKET VALUE – BEFORE AND AFTER METHOD – where the compensation to be paid to the appellant was determined by application of the before and after method and cash flow analyses – where the valuer for the respondent assessed the compensation to be $6,877,800, with a period of 62 months for the development and sale of the land post-resumption, which was ultimately adopted by the Land Court – where the valuer for the appellant assessed the compensation to be $25,000,000, with 76 months for the development and sale of the land to take into account redesign, further traffic analysis, and slower rates of sale – where the valuers for the appellant and respondent used different assumptions about the time to commence development, the rate of sale and the construction program – whether the Land Court Member erred in not adopting the approach of the appellant’s valuer – whether the Land Court Member gave sufficient reasons for his findings.

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – COMPENSATION – ASSESSMENT – MARKET VALUE – BEFORE AND AFTER METHOD – where the valuers for both parties agreed that the best method to assess compensation payable to the appellant for the resumption of part of its land was by application of the before and after method – where valuers for both parties used cash flow analyses and internal rates of return to determine the value of the retained land after resumption – where the valuer for the respondent derived an internal rate of return from the cash flow analysis rather than adopting the rate as input for the analysis, which was the approach of the valuer for the appellant – where the internal rate of return adopted by the valuer for the respondent was significantly lower than that adopted by the valuer for the appellant – whether the Land Court Member failed to address the question – whether the Land Court Member erred in adopting the approach of the valuer for the respondent.

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – COMPENSATION – INJURIOUS AFFECTION OF ADJOINING PROPERTY – where the assumptions to be used for the cash flow analyses were to be determined by reference to knowledge available to the hypothetical vendor and purchaser at the date of resumption – where the respondent submits that contribution is an element of injurious affection under s 20(1) of the Acquisition of Land Act 1967 (Qld) and therefore the contribution agreed upon some years after resumption could be considered in determining the value of land at the date of resumption – where the respondent submits that fair compensation for the impacts of injurious affection should be assessed by reference to the contribution actually required – whether contribution for external road works constitutes injurious affection for the purposes of s 20(1) of the Acquisition of Land Act 1967 (Qld) – whether the Land Court Member erred in refusing to take into account the final contribution.

HIGHWAYS – CONSTRUCTION, MAINTENANCE AND REPAIR – LEVYING CONTRIBUTIONS FOR PARTICULAR WORKS OR EFFECTING AT INDIVIDUAL’S EXPENSE – where prior to resumption the land was the subject of a development application – where the respondent was a concurrence agency under the Integrated Planning Act 1997 (Qld) for that application –where the respondent gave notice of conditions to be imposed on that development application, one of which was a $30,000,000 contribution to upgrade the major roads – where that application was not approved – where the respondent submitted that in the current case $3,000,000 should be assumed as the contribution for external road works because of the reduced size of the development – where the appellant submitted that a contribution of $16,550,000 should be assumed – whether the Land Court Member erred in adopting the respondent’s assumption – whether the Land Court Member overlooked evidence.

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – PARTICULAR CASES INVOLVING ERROR OF LAW – FAILURE TO GIVE REASONS FOR DECISION – ADEQUACY OF REASONS – where the Land Court Member favoured the evidence presented by the respondent in regards to contribution, time for the development and sale of the land, the internal rate of return, and compensation – where the appellant submits that the Land Court Member overlooked evidence and did notprovide adequate reasons for his conclusions – whether the Land Court Member failed to give adequate reasons for decision.

For more information, please click here.

Grepo & Anor v Jam-Cal Bundaberg Pty Ltd [2014] QSC 119

REAL PROPERTY – TORRENS TITLE – LEASES – DETERMINATION – EJECTMENT AND RECOVERY OF LAND – the plaintiffs had carried on the business of scrap metal dealing for 16 years – the plaintiffs sold their business and leased part of their land to the defendant company and remained living on the remainder of the land in a residential house – the lease was for a period of 3 years with an option for an additional 3 years – the option required the defendant to have “at all times up to the date of expiration of the term … complied punctually with its obligations” – the plaintiffs allege the defendant breached a number of covenants including the payment of rent and rates, accumulation of rubbish, failing to keep the premises free of pests, production of excessive dust and fumes and sub-letting – the plaintiffs assert the option was not validly exercised and that the tenancy thus transformed into a monthly tenancy – the plaintiffs served notice on the defendant to vacate (either the required statutory notice or acceptance of repudiation) – whether the plaintiffs are entitled to recovery of their land.

For more information, please click here.

Gamma Wealth Management Pty Ltd v Clair [2013] QCAT 747

MINOR CIVIL CLAIMS – claim for money by Lessor allegedly owed due to breach of lease agreement – counter claim by tenant for return of Bond lodged for commercial lease – whether the failure of tenants to obtain certification for fit-out works was a breach of the lease – whether Lessor entitled to retention of bond and demand for payment of further costs for rectification works to obtaining certification of the premises – liability for certification of premises – whether parties consented to release tenant from certification obligations – whether parties contracted out of lease agreement obligations upon execution of exit agreement – assessment of damages – claim for legal costs.

For more information, please click here.

Annandale Pharmacies (NQ) Pty Ltd t/as Terry White Pharmacy v The Angliss Estate (Annandale) Pty Ltd [2014] QCAT 171

RETAIL SHOP LEASES – DETERMINATION OF CURRENT MARKET RENT – whether determination by specialist retail valuer complies with requirements of Retail Shop Leases Act 1991 – whether valuer assessed current market rent on basis that premises unoccupied- whether valuer took into account goodwill and fixtures and fittings – whether valuer failed to specify the matters taken into account.

Anthony v Coffee Club [2000] QSC 198 Family and Kids Care Foundation Inc v Bilby Lay Enterprises Pty Ltd [2005] QRSLT 7

For more information, please click here.

Legislation 

Carbon Credits (Carbon Farming Initiative) Amendment Regulation 2014 (No. 1) SLI 2014 No. 72

This regulation amends the Carbon Credits (Carbon Farming Initiative) Regulations 2011 as part of the ongoing implementation of the Carbon Farming Initiative (CFI). It specifies further project types which are eligible for participation under the CFI (using phytocaps on landfills, sequestering soil carbon in grazing systems, and early finishing of beef cattle). The regulation also extends the crediting period for soil carbon projects and aims to clarify CFI administrative arrangements by updating a reference to the New South Wales (NSW) Crown lands Minister Registered 13 June 2014.

For more information, please click here.

Energy Efficiency Opportunities Repeal Regulation 2014 SLI 2014 No. 83

This regulation repeals the Energy Efficiency Opportunities Regulations 2006

Registered 13 June 2014; to be ceased 15 June 2014.

For more information, please click here.

Water Amendment (Murray-Darling Basin Agreement) Regulation 2014 (No. 1)

SLI 2014 No. 75

This regulation amends the Water Act 2007 and Water Regulations 2008 to give effect to the governance reforms for Joint Programs, as agreed by the Ministerial Council.

Registered 17 June 2014; to be ceased 18 Jun 2014.

For more information, please click here.

Queensland

Bills progress

Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Bill 2014

Introduced on 8/05/2014

Stage reached: passed with amendment on 4/06/2014.

State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Bill 2014

Introduced on 3/06/2014

Stage reached: referred to Committee on 3/06/2014.

Land Sales and Other Legislation Amendment Bill 2014

Introduced on 3/06/2014

Stage reached: referred to Committee on 3/06/2014.

Water Legislation (Miscellaneous Provisions) Amendment Bill 2014

Introduced on 3/06/2014

Stage reached: referred to Committee on 3/06/2014.

Local Government Legislation Amendment Bill 2014

Introduced on 3/06/2014

Stage reached: referred to Committee on 3/06/2014.

Revenue Legislation Amendment Bill 2014

Introduced on 3/06/2014

Stage reached: passed with amendment on 6/06/2014.

Mineral and Energy Resources (Common Provisions) Bill 2014

Introduced on 5/06/2014

Stage reached: referred to Committee on 5/06/2014.

Safe Night Out Legislation Amendment Bill 2014

Introduced on 6/06/2014

Stage reached: referred to Committee on 6/06/2014.

Acts as passed – 12 June 2014

No 35: Revenue Legislation Amendment Act 2014

Subordinate legislation as made – 13 June 2014

No 85 State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 1) 2014

No 86 Proclamation commencing remaining provisions of the Regional Planning Interests Act 2014

No 87 Land Sales Amendment Regulation (No. 1) 2014

No 88 Regional Planning Interests Regulation 2014

No 89 Liquor Amendment Regulation (No. 2) 2014

No 92 Rural and Regional Adjustment Amendment Regulation (No. 3) 2014

No 93 Proclamation commencing remaining provisions of the Electricity and Other Legislation Amendment Act 2014

No 94 Electricity and Another Regulation Amendment Regulation (No. 1) 2014

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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