The Property Mill – Queensland – 25 March 2014

March, 2014

In the Media

Reserve Bank says tighter lending standards could stem real estate over-exuberance

At the end of last week, the Reserve Bank offered a possible glimpse of the future for its housing market policy (10 March 2014)

To read more, please click here.

Climate Council report: More than 150 weather records broken last summer

Australia has endured another summer of searing temperatures, with more than 150 weather records broken, a new report shows. The Climate Council says extreme temperatures are being caused by climate change (10 March 2014)

To read more, please click here.

CSIRO casts doubt on key aspect of Government’s Direct Action climate change plan

The CSIRO has cast doubt on a key aspect of the Federal Government’s climate change plan, saying storing carbon in soil is only likely to result in a “low level” cut to greenhouse gas emissions (07 March 2014)

To read more, please click here.

Emissions budget $2.5bn short: Garnaut

Economist Ross Garnaut says it will cost at least $4 billion to $5bn to meet the government’s target of reducing greenhouse gas emissions by 5 per cent by 2020 (07 March 2014)

To read more, please click here.

Mineral and Energy Resource Exploration Inquiry report

This report was released on 5 March 2014 and provides a description of resource exploration, the role of governments and examines the exploration licencing process. It also assesses non-financial barriers relating to workforce issues — labour skills, workplace relations and workplace health and safety (05 March 2014)

To read more, please click here.

Fire, Drought and Climate Change: Political Rhetoric vs. Scientific Reality

The Government’s self-identified ‘primary advisers ‘ on climate, BoM and CSIRO today clearly linked carbon emissions, climate change, fire and drought in stark contrast to their own reluctance to do so,” says the CEO of The Climate Institute (04 March 2014)

To read more, please click here.

Chinese buyers to invest $44b in Australian real estate: analysts

Global investment bank Credit Suisse expects Chinese nationals to sink around $44 billion into Australian residential real estate over the next seven years (05 March 2014)

To read more, please click here.

Supporting drought affected farmers

As part of a $320 million comprehensive drought support package, the Government has announced it will  bring forward more generous income support arrangements for farmers and their families, extend concessional loans to eligible drought affected farm businesses and provide funds for water infrastructure and pest eradication (26 February 2014)

To read more, please click here.

ACCC to keep a close eye on prices before carbon tax is axed

The consumer watchdog will start monitoring electricity and gas prices to establish a baseline price, ensuring that customers, both business and consumers, are not charged higher prices once the carbon tax is abolished by the Federal Government (25 February 2014)

To read more, please click here.

Airport sustainability – Who’s performing and who’s lagging

Australia’s airports clearly demonstrate that what constitutes “sustainability” is open to a wide variety of interpretations, which therefore results in dramatically different outcomes in terms of actual green measures (25 February 2014)

To read more, please click here.

New valuations reflect softening rural values

A summary of Queensland’s property market released today, ahead of the March 12 issue of the 2014 annual statutory land valuations, reflects the softening of rural values and evidence of increasing values in some urban areas across Queensland’s property market (10 February 2014)

To read more, please click here.

Industry backs Toowoomba Second Range Crossing

The infrastructure sector has thrown its support behind the Abbott and Newman governments’ Toowoomba Second Range Crossing project with 63 consortia and individual companies submitting Registrations of Interest (ROI) (08 March 2014)

To read more, please click here.

The largest area of Queensland ever drought declared

Emergency aid and funding will be made available to another 15 shires after 79 per cent of Queensland was declared in drought, the largest area ever recorded (07 March 2014)

To read more, please click here.

Insurance data predicts lift in construction activity

Construction activity is set to boom across the state, with insurance policy data released by the Queensland Building and Construction Commission (QBCC) increasing by 27 per cent in two years (06 March 2014)

To read more, please click here.

Nineteen bidders vie for integrated resorts

A total of 19 national and international developers have registered their interest in delivering up to three new world-class Integrated Resort Developments in Queensland. Proponents now have until 31 March to make a formal Expression of Interest (05 March 2014)

To read more, please click here.

Capricorn Resort step closer

The proposed $600 million Capricorn Integrated Resort near Yeppoon has moved to the next stage after the Coordinator-General released the final terms of reference for the project’s environmental impact statement (EIS) (05 March 2014)

To read more, please click here.

Largest overhaul of Gold Coast waterways in 30 years

Gold Coast residents will get improved access to local waterways with the finalisation of the 10-year Waterways Management Strategy (05 March 2014)

To read more, please click here.

Greater certainty delivered for industry and landholders

Growth and certainty in the resources industry will be encouraged with proposed reforms to streamline legislation, with the Minister for Natural Resources and Mines releasing  two discussion papers for public consultation to address mining lease notification and objections and restricted land access (04 March 2014)

To read more, please click here.

Growth and security the focus of review

Water allocation and management is expected to be made quicker and simpler as part of a review into the Water Act 2000. Access to secure water resources is critical in creating a sustainable irrigated agricultural industry and supporting economic development in the other economic pillars: construction, resources and tourism (04 March 2014)

To read more, please click here.

Kangaroo Point bridge step closer to being built

The highly anticipated cross river connection is one of six priority projects identified in Brisbane City Council’s 20 year vision for CBD development, the City Centre Master Plan 2014, which is expected to be approved at Tuesday’s council meeting (28 February 2014)

To read more, please click here.

EDO mounts legal challenge on Abbot Point dredging

The Environmental Defenders Office has mounted a legal challenge against the Great Barrier Reef Marine Park Authority’s decision to grant a permit for the dumping of three million cubic metres of dredge spoil from the Abbot Point coal terminal development into the World Heritage Area (27 February 2014)

To read more, please click here.

Mine expansion reflects resources strength in Queensland

Innovative technology to extract thick seams of coal will be used in Queensland for the first time thanks to a $1 billion expansion of a coal mine in the Bowen Basin (26 February 2014)

To read more, please click here.

Published – articles, papers, reports

Resource development and landholders’ rights: a quick guide

This guide examines a proposed bill that would give landholders an absolute veto over exploration or production of coal or unconventional gas on their land

To read more, please click here.

State of the Climate 2014: A clear picture of Australia’s climate

A definitive report on observed changes in long term trends in Australia’s climate. Temperatures across Australia were, on average, almost 1°C warmer than they were a century ago, with most of the warming having occurred since 1950. Australia’s mean temperature has warmed by 0.9°C since 1910

To read more, please click here.

The financing of residential development in Australia

This project provided policy-makers with an understanding of the complexity of property finance, its role in the supply of all housing types and tenures and the impact of the GFC on property lending (26 February 2014)

To read more, please click here.

Report No. 51: Property Occupations Bill 2013

The Committee recommends the Attorney-General and Minister for Justice clarify whether it is intended for an auctioneer, in the course of conducting an auction, to be in breach of the provisions if they announce a property is ‘on the market’ or similar – after the reserve price has been reached

To read more, please click here.

In Practice and Courts

National Waste Reporting 2013

National Waste Reporting 2013 is a new online resource developed by the Australian Government along with the states and territories providing improved access to data about waste and recycling in Australia

To read more, please click here.

Application form to opt-in to the carbon pricing mechanism for 2014-15 is now available

By opting in, your fuel emissions will be directly covered by the carbon pricing mechanism and you will not face an equivalent carbon price through the fuel tax

To read  more, please click here.

Announcements, Draft Policies and Plans released 2013

Financial Assurance under the Environmental Protection Act 1994 (Version 2)

A copy of this Guideline is open for public inspection. To view an electronic version, go to www.ehp.qld.gov.au  (07 March 2014)

Queensland Property Law Review: issues papers

The Queensland Government Property Law Review has released two issues for comment. Feedback is now invited on the first two issues papers prepared as part of this review. There are different closing dates on the papers

To read Issues Paper 2: Lot Entitlements under the Body Corporate and Community Management Act 1997, please click here.

To read Issues Paper 1: Seller Disclosure in Queensland, please click here.

Current consultations

[Draft] Logan Planning Scheme 2014: consultation

In accordance with the changes in local government boundaries, the draft scheme replaces three existing planning schemes; the Beaudesert Shire Planning Scheme 2007, Gold Coast Planning Scheme 2003 and Logan Planning Scheme 2006. The planning scheme is open for comment until 30 April 2014.

To make an online submission, please click here.

Cases

Evans & Anor v Robcorp Pty Ltd & Anor [2014] QSC 026

EQUITY – EQUITABLE REMEDIES – SPECIFIC PERFORMANCE – RELEVANT CONSIDERATIONS AND DEFENCE MATTERS – HARDSHIP – INABILITY TO COMPLY WITH ORDER – where there was evidence that the respondent purchaser does not have the financial capacity to perform its obligation under the contract for the sale of land – where the applicant vendors seek summary judgment for specific performance of the contract – where the impecuniosity of the respondent arose subsequent to the contract – whether specific performance might be refused on the basis of hardship on the respondent, or on the basis that it could not comply with the order.

To read more, please click here.

Legislation

Commonwealth

Taxation Administration Act 1953 – Provision of further time for lodgement of the 2014 Minerals Resource Rent Tax (MRRT) Return – Low volume non-payers’ Instrument (No. 1) 2014

This instrument allows entities that are covered by it further time to lodge their 2014 MRRT return in light of the announcement to repeal the MRRT law with effect from 1 July 2014.

To read more, please click here.

Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) Amendment Instrument 2014 (No. 3)

This instrument amends the Agricultural and Veterinary Chemicals Code Instrument No. 4 (MRL Standard) 2012 to set new and varied MRLs and make other changes to the Tables with respect to certain residue definitions, commodities and substances. Registered 07 March 2014

To read more, please click here.

National Capital Plan – Amendment 84 – Pialligo Section 9 Part Block 4 and Section 12 Part Block 2

This instrument amends the National Capital Plan to change the land use policy of part Block 4 Section 9 and part Block 2 Section 12 Pialligo from Broadacre Areas to Urban Areas as depicted in the General Policy Plan – Metropolitan Canberra (28 February 2014)

To read more, please click here.

National Capital Plan – Amendment 82 – Amtech Estate

This instrument amends the National Capital Plan to remove restrictive land use provisions on the site that require the site be developed as an ‘Advanced Technology Park’. The Commonwealths interest in Canberra Avenue and the Monaro Highway frontages as Approach Routes to the National Capital will remain (28 February 2014)

To read more, please click here.

Bills

Competition and Consumer Amendment (Misuse of Market Power) Bill 2014

A Bill for an Act to amend the Competition and Consumer Act 2010, and for related purposes – After section 80AC new section 80AD Divestiture where contravention of section 46

To read more, please click here.

Native Title Amendment (Reform) Bill 2014

A Bill for an Act to amend the Native Title Act 1993 to further the interests of Aboriginal peoples and Torres Strait Islanders, and for related purposes

To read more, please click here.

Land Transport Infrastructure Amendment Bill 2014

Under the National Land Transport Act 2014, amends definitions of approved funding recipient, approved purposes, Corridor Strategy, funding agreements and project approval instrument. Registered 27 February 2014

To read more, please click here.

Bills Progress

Climate Change Authority (Abolition) Bill 2013

Senate 3/3/2014 Motion for second reading lost (Bill rejected)

Queensland

Regulations

No 20: Industrial Relations Amendment Regulation (No. 1) 2014 – 28 February 2014

Industrial Relations Act 1999 – Amendment of s 146A (Extension of nominal expiry date—Act; Amendment of sch 5C (Wage increases—Act, s 830)

To read more, please click here.

No 21: Coastal Protection and Management Amendment Regulation (No. 1) 2014 –  07 March 2014 – Coastal Protection and Management Act 1995 – Commencement: 07 March 2014

The amendments to the prescribed tidal work code are in response to a recommendation made by the Queensland Floods Commission of Inquiry (QFCoI) in its Final Report (2012) to consider whether the design and construction standards should be made more stringent than the existing standards

To read more, please click here.

Bills

Penalties and Sentences (Indexation) Amendment Bill 2013

Introduced on 19/11/2013 Stage reached: Passed on 5/03/2014

To read more, please click here.

Biosecurity Bill 2013

A Bill for An Act to provide for a comprehensive biosecurity framework to manage the impacts of animal and plant diseases and pests in a timely and effective way and ensure the safety and quality of animal feed, fertilisers and other agricultural inputs, to repeal  legislation and  make consequential amendments of the Acts mentioned in schedule 4 – Stage reached: Passed with amendment on 6/03/2014

To read more, please click here.

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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