The Property Mill Queensland – 24th October 2014

October, 2014

In the Media

Bureau releases new national groundwater data tool

The Bureau of Meteorology today released a new online groundwater data tool. The Australian Groundwater Explorer presents a uniform approach to groundwater information to support a range of sustainable water resource management decisions at both local and national levels (21 October 2014)

To read more, please click here.

Don’t drop the ball on water’ urges National Water Commission

The National Water Commission today released its final assessment of Australia’s water reform progress. This report, Australia’s water blueprint, highlights the very real successes achieved since the historic signing of the National Water Initiative by the Council of Australian Governments (COAG) in 2004 and its predecessor (20 October 2014)

To read more, please click here.

Common sense quarry decision for Bundaberg

The Queensland Government has announced that the Holcrim Pty Ltd new quarry proposed for the Bundaberg region would not be allowed to proceed, while a neighbouring residential development by Austcorp has been approved (19 October 2014)

To read more, please click here.

New homes for Cairns step closer

The people and businesses of Cairns will benefit from Queensland Government funding that will pave the way for the construction of 18,500 new homes at Mount Peter, south of Cairns. The State Government has identified the first three projects to be funded under its Priority Development Infrastructure program (16 October 2014)

To read more, please click here.

Have your say on Queensland’s biosecurity regulations

Farmers, landowners and community members are invited to comment on new biosecurity regulations to protect the agricultural sector and our environment. The regulations would underpin the new Biosecurity Act 2014 passed by Parliament earlier this year (16 October 2014)

To read more, please click here.

Improving Great Barrier Reef Water Quality in the Wet Tropics

The Australian Government is working hard to protect the Great Barrier Reef with the opening of the $5 million Reef Trust Tender to improve water quality in the Wet Tropics. This competitive tender from the Coalition’s $40 million Reef Trust will provide financial incentives to sugar cane farmers in the Wet Tropics to improve their nitrogen use efficiency and farm sustainability (15 October 2014)

To read more, please click here.

ACCC to focus on sale of Queensland electricity assets

Electricity generation assets will be the Australian Competition and Consumer Commission’s focus when the privatisation of Queensland electricity assets is triggered. The ACCC hopes that the Queensland government will use this opportunity to establish a competitive structure when privatising its generation assets (13 October 2014)

To read more, please click here.

Sekisui House reveals preliminary design for Yaroomba development

Japanese developer Sekisui House has released the preliminary design for its $1 billion beachside development at Yaroomba near Coolum. To proceed, the controversial project needs council to amend the current four storey height limit for the site and Sekisui senior development manager Evan Aldridge says it is not a Gold Coast-style project (09 October 2014)

To read more, please click here.

Sekisui House unaware of land tenure/legal issues over Yaroomba site

The owner of a proposed $1 billion Sunshine Coast development is surprised council deferred possible changes to its planning scheme due to concerns over land tenure and legal issues at the site (03 October 2014)

To read more, please click here.

Asset leasing plan will reduce debt and create jobs

The Queensland Government announces the $80 billion debt would be reduced and funds would be freed up for job creating infrastructure under the final Strong Choices plan to lease some government-owned assets (07 October 2014)

To read more, please click here.

 

Published – articles, papers, reports

Agriculture Competitiveness Green Paper / Australian Government

Includes policy options to reduce the regulatory burden on farmers and potential changes to Australian competition laws (20 October 2014)

To read more, please click here.

The National Water Initiative: assessment report 2014 / NWC

Highlights the risk of Australia ‘backsliding’ on water reform, because “reduced government investment and deregulation” is putting pressure on available resources; cautions commercial projects in northern Australia to learn from the mismanagement of water in the southern states, particularly the over-allocated Murray-Darling; raises the pressing need for better regulation of the mining industry; Indigenous water allocations have mostly been talk without action

Gas at the crossroads: Australia’s hard choice / Tony Wood; Grattan Institute

This report argues that huge changes in Australia’s gas market will push up the average household bill in Melbourne by more than $300 a year, and in Sydney and Adelaide by more than $100 a year (19 October 2014)

To read more, please click here.

The mouse that roars: coal in the Queensland economy / Roderick Campbell; The Australia Institute

This report is intended to provide the Queensland public with a view of the coal industry in its wider economic context (17 October 2014)

To read more, please click here.

Introducing UK City Deals: A smart approach to supercharging economic growth and productivity / KPMG and the Property Council of Australia

The UK City Deal model is the British Government’s innovative strategy for building stronger urban and regional growth via smarter strategic planning, infrastructure investment and local governance, summarised here for the PCA and why it provides a model for Australia (released October 2014)

To read more, please click here.

Climate change, carbon and wildfires / Christopher D. Johns; Future Directions International

This report argues that atmospheric carbon estimates should include wildfires as a significant source of atmospheric greenhouse gas, and effort to reduce atmospheric carbon must include measures to curb wildfires (07 October 2014)

To read more, please click here.

 

In practice and courts

AER: revised Retailer authorisation guideline: consultation

On 14 October 2014 the AER released a revised Retailer authorisation guideline for consultation. The revisions streamline the guideline, simplifying the introductory section and providing further details to applicants about the AER’s assessment process. Interested parties are invited to make written submissions on the draft guideline by 14 November 2014 (14 October 2014)

To read more, please click here.

National Roundtable on dams and water infrastructure

A National Water Infrastructure Roundtable will be held on Wednesday, 29 October in Canberra.

The Australian Government’s Water Infrastructure Ministerial Working Group has identified a shortlist of projects which could potentially begin immediately, or which could be fast-tracked for development (14 October 2014)

To read more, please click here.

AER: Electricity post-tax revenue models – request for submissions

The AER has released its proposed amendments to the transmission and distribution post-tax revenue models (PTRMs) under the National Electricity Rules. Interested parties are invited to make written submissions on the proposed amendments to the PTRMs to the AER by 17 November 2014

To read more, please click here.

National Stronger Regions Fund is open for applications: Round one

The Fund will provide between $20,000 and $10 million for up to 50 per cent of the cost of projects.

The Guidelines for the National Stronger Regions Fund detail the type of project proposals sought, how to lodge an application, how assessments will be conducted, and critical program dates. Applications for round one close on 28 November, 2014.

To access the guidelines, and to lodge a round one application, visit please click here.

Draft Emissions Reduction Fund methods released for public consultation

Draft Emissions Reduction Fund methods on commercial buildings and avoided clearing of native regrowth released for public consultation. Consultation period closes 23 October2014

To read more, please click here.

Energy Green Paper 2014: Consultation

Submissions to the Green Paper will close on 4 November and will inform the development of the Energy White Paper outlining the Government’s long term energy policy. The Green Paper and details on how to make a submission are available on the Department of Industry’s website at

To read more, please click here.

 

Announcements, Draft Policies and Plans released 2014

Queensland’s biosecurity regulations: consultation

Farmers, landowners and community members are invited to comment on new biosecurity regulations to protect the agricultural sector and our environment. The regulations underpin the new Biosecurity Act 2014 passed by Parliament earlier this year. Comment as part of the consultation is open until November 21.

To read more, please click here.

Townsville City Council adoption of the Townsville City Plan and Planning Scheme Policies

On 13 October 2014, Townsville City Council adopted the Townsville City Council planning scheme. The Townsville City Plan and planning scheme policies will replace the existing planning schemes and all associated planning scheme policies of the former Townsville City Council City Plan 2005 and former Thuringowa City Council Planning Scheme 2003, commencing on 27 Oct0ober 2014.

To read more, please click here.

Approval of MacKay Airport Land Use Plan – August 2014

Jeff Seeney MP, Deputy Premier, approves pursuant to section 41(1) of the Airport Assets (Restructuring and Disposal) Act 2008 (s41(4), the Mackay Airport Land Use Plan – August 2014. The approval of the Mackay Airport Land Use Plan – August 2014 will take effect immediately on the day this notice is gazetted [10 October 2014].

To read more, please click here.

 

Cases

Bakers Creek Developments P/L atf for Bakers Creek Trust v Pacific Homes (Mackay) P/L & Anor [2014] QDC 237

PRACTICE & PROCEDURE – CONTRACTS – BREACH – SPECIFIC PERFORMANCE – whether first defendant in breach of three contracts as buyer of residential land – failure to complete in time – whether willing or able – alleged oral terms prior to execution of written contracts that are contrary to written terms – both parties legally represented at material times – no allegation by first defendant of any misleading or deceptive conduct by plaintiff – no equitable defence – no hardship made out – where second defendant on behalf of first defendant has not fully disclosed financial circumstances – where plaintiff has shown prima facie that first defendant and arguably second defendant had financial resources not disclosed – where onus of proof of hardship not discharged – whether specific performance should be granted

PRACTICE & PROCEDURE – SUMMARY JUDGMENT APPLICATION – whether any real prospect of first defendant successfully defending all or part of plaintiff’s claim – whether there is a need for a trial of the claim or part of the claim – where first defendant in clear breach of the contracts – we know defence made out – whether summary judgment appropriate to bring dispute to finality.

To read more, please click here.

Briridge Pty Ltd v Charter Hall Real Estate Management Services Pty Ltd [2014] QCAT 469

RETAIL SHOP LEASE DISPUTE – CLAIM FOR COMPENSATION – claim for audited accounts – whether tenant had suffered any loss as a result of landlords conduct – where no evidence provided by tenant

To read more, please click here.

Reinhold v Island Emporium Pty Ltd [2014] QCAT 467

RETAIL SHOP LEASE- APPLICATION FOR INTERIM ORDER- orders sought be lessee to restrain fit out and commencement of trading in other leased premises in the centre

To read more, please click here.

 

Legislation

Legislative Instruments

National Land Transport (Exemption from Public Tenders for State Projects) Determination 2014

This determination allows for States and Territories to be exempt from calling for public tenders if the work is below $100,000. Administered by: Infrastructure and Regional Development (10 October 2014) To be ceased 01 Apr 2025.

To read more, please click here.

Greenhouse and Energy Minimum Standards (Exemption) Instrument (No. 3) 2014

This instrument exempts the air conditioner models specified in the Schedule attached to the instrument from the requirements of section 6 of the Greenhouse and Energy Minimum Standards (Air Conditioners and Heat Pumps) Determination 2013 (08 October 2014)

To read more, please click here.

Industrial Chemicals (Notification and Assessment) Amendment (Rotterdam Convention) Regulation 2014 SLI 2014 No. 143

This regulation amends the Industrial Chemicals (Notification and Assessment) Regulations 1990 to amend chemicals recently added to Annex III of the Rotterdam Convention to the existing list of chemicals subject to prior informed consent for introduction or export (07 October 2014)

To read more, please click here.

Fisheries Management Amendment (2014 Measures No. 1) Regulation 2014

This regulation amends the Fisheries Management Regulations 1992 in order to reduce complexity, improve flexibility and reduce costs to the Australian Fisheries Management Authority and industry stakeholders (08 October 2014) http://www.comlaw.gov.au/Details/F2014L01330

Bills Updated

Major Events Bill 2014

Introduced on 26/08/2014 Report from Committee on 20/10/2014

The policy objective of the Bill is to provide a generic legislative framework that can be used for the conduct of major events across Queensland. This includes the Gold Coast 2018 Commonwealth Games, 2015 Asian Cup, V8 Supercars motor racing events, and other major events Queensland may decide to host in the future

Queensland Plan Bill 2014: Introduced on 26/08/2014; PASSED with amendment on 16/10/2014 Exp Note

Professional Engineers and Other Legislation Amendment Bill 2014: Introduced on 22/05/2014; PASSED with amendment on 15/10/2014

Disaster Management Amendment Bill 2014: Introduced on 9/09/2014; PASSED with amendment on 14/10/2014

Recreation Areas Management and Another Act Amendment Bill 2014: Introduced on 14/10/2014; Referred to Committee on 14/10/2014

Subordinate legislation as made

No 235: Aboriginal Land Amendment Regulation (No. 6) 2014 – 17 October 2014

Aboriginal Land Act 1991- Amendment of sch 2 (Available State land that is transferable land)

 

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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