The Property Mill – Queensland – 27 August 2013

August, 2013

In the media

Overwhelming business support for carbon price

A new AECOM report shows overwhelming business support for a price on carbon. The report, commissioned by Businesses for a Clean Economy, found that 88 per cent of the 180 businesses surveyed wanted a price on carbon to address climate change, with 65 per cent favouring an emissions trading scheme, and 29 per cent favouring a fixed price (19 August 2013)

To read more, please click here.

Coastal city floods to cost $1 trillion a year by 2050

New research has found that the cost of flooding in coastal cities is set to surpass $1 trillion a year globally unless significant investment in adaptation is made (19 August 2013)

To read more, please click here.

ACCC does not object to Sydney Airport’s proposed charges for regional airlines

The Australian Competition and Consumer Commission has issued its decision not to object to Sydney Airport Corporation Limited’s proposed charges for regional airlines that serve passengers travelling within New South Wales. The ACCC’s decision on Sydney Airport’s proposal is available at http://transition.accc.gov.au/content/index.phtml?itemId=1120997 (15 August 2013)

Pathway to a more productive Australia with Government $2 billion a year boost

The Green Building Council of Australia (GBCA) says improving the rating performance of the federal government’s building stock has the potential to boost public sector productivity by almost $2 billion a year (12 August 2013)

To read more, please click here.

Savill: big shopping centre deals back on the table

Savills latest research highlights that shopping centre transactions across the country hit $5.3 billion in the 12 months to June 2013, up from $3.9 billion the previous year (12 August 2013)

To read more, please click here.

Report claims signs of new climate ‘normal’ in hot 2012

Meant to be a guide for policymakers, the report did not attribute the changes in climate to any one factor, but made note of continued increases in heat-trapping greenhouse gases including carbon dioxide, methane and nitrous oxide (08 August 2013)

To read more, please click here.

Climate Commission: Australia has undergone a “quiet” solar revolution

A new report says that “a quiet energy revolution” has been taking place in Australia, with over one million households now getting energy from solar panels. The explosion in solar PV was due to a number of factors, including reducing costs and government policies including the renewable energy target, the carbon price and feed-in tariffs  (07 August 2013)

To read more, please click here.

Future of Government’s Mineral Resource Rent Tax decided in High Court

Mr Forrest and his Fortescue Metals Group (FMG) had argued the tax discriminated between states and interfered with the rights of states to control their own mineral resources. The court unanimously rejected the challenge, saying the act does not give preference to one state over another, and ordered Mr Forrest to pay costs (07 August 2013)

To read more, please click here.


Could Australia follow NZ on property damage definition

Insurers could end up paying more claims in the future after legal experts said it was possible that Australian law will adopt New Zealand’s definition of property damage (07 August 2013)

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UDIA: hidden Government charges destroying Australian home ownership

Exorbitant charges levied by governments on new housing are adding as much as $65,000 to the cost of a new home, worsening the housing affordability crisis and locking young families out of home ownership, according to the UDIA,  calling for the establishment of an inter-governmental agreement to ensure that local infrastructure charges are benchmarked between jurisdictions (06 August 2013)

To read more, please click here.


Groups call for federal regulation of sand mining on North Stradbroke Island

A new report claims sand mining on North Stradbroke Island off Brisbane should be regulated by federal not state environmental laws (20 August 2013)

To read more, please clieck here.

 
Grazing stations under receivers in Queensland

Receivers have been appointed to three major cattle stations owned by grazing company Dunrossie in central west Queensland after mortgage payments were not met (19 August 2013)

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State review to modernise Queensland Property Law

The Newman Government is partnering with the Queensland University of Technology to review the State’s property law to ensure a more streamlined and common sense approach to how Queenslanders buy, sell and manage property  (15 August 2013) To read more, please click here.

Regional tourism organisations to receive $3 million in tourism grants

Queensland tourism will receive a major boost with 22 regional projects sharing almost $3 million, as part of the Queensland Government’s Regional Tourism Organisation (RTO) Contestable Grants Funding Scheme (13 August 2013)

To read more, please click here.

Government boosts security of tenure on rural leases

The Newman Government has unveiled changes to leasehold land renewals and committed to setting clear pathways for farmers and graziers to upgrade from leasehold to freehold land (13 August 2013)

To read more, please click here.

Coordinator-General assessment of Galilee Coal project completed

The Queensland Coordinator-General today released his evaluation report on the environmental impact statement and approved the $6.4 billion mine and rail components of the Galilee Coal Project (Northern Export Facility) in central Queensland. The project is also being assessed in a parallel EIS under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (09 August 2013) To read more, please click here.

Published – articles, papers, reports

Understanding the Impact of a Carbon Price on Australian Business: A Survey of Business Perspectives / AECOM Australia Pty Ltd

45 per cent reported that uncertainty around the future of the carbon price had changed investment decisions, while 48 per cent reported that carbon uncertainty was having a negative impact on business. For those actively involved in the clean economy, 78 per cent said that the uncertainty around carbon pricing was having a negative effect on business, with 60 per cent saying it had delayed expansion into new markets, products, services or investment  (19 August 2013)  To read more, please click here. 

 Coalition climate policy and the national climate interest / Erwin Jackson, Climate Institute

This paper outlines the results of an analysis of both the Government’s legislated policies and a range of approaches the Coalition could take to implement its policy platform (15 August 2013)

To read more, please click here.

 House Price Indexes: Eight Capital Cities, Jun 2013 / Australian Bureau of Statistics

Preliminary estimates show that the price index for established houses for the weighted average of the eight capital cities rose 2.4% in the June quarter 2013. The capital city indexes rose in Sydney (+2.7%), Melbourne (+2.4%), Perth (+3.4%), Brisbane (+1.9%), Canberra (+1.0%), Adelaide (+0.3%) and Darwin (+2.9%) and fell in Hobart (-1.0%) (06 August 2013)

See http://www.abs.gov.au/ausstats/abs@.nsf/mf/6416.0?OpenDocument

 The Critical Decade: Australia’s future – solar energy / Climate Commission

Identifies the enormous, but largely underutilised, potential for solar generation in the world’s sunniest continent. This report provides an overview of the rapidly changing solar industry, including international developments and opportunities for Australia to better utilise and benefit from solar resources in the future (released 07 August 2013)

To read more, please click here.

In practice and courts

Announcements, Draft Policies and Plans released 2013

 Reminder: Queensland Plan submissions close 30 August

Queenslanders only have two more weeks to contribute to The Queensland Plan and join more than 33,000 people who have provided their views to date on where they want their state to be in 30 years’ time. Visit the Queensland Plan website at www.queenslandplan.qld.gov.au (16 August 2013)

To read more, please click here.

 Queensland Property Law Review 2013

The first two issue papers include seller disclosure requirements and body corporate lot entitlements will be released early in the New Year. To keep track of this review on the website at To read more, please click here.

Cases

Fabcot Pty Ltd v Cairns Regional Council [2013] QPEC 038

Planning and Environment – Applicant appeal against refusal of development application seeking a preliminary approval overriding the planning scheme – Proposed supermarket based shopping centre on land in Residential 2 Area – Whether achievement of relevant DEO’s would be compromised – Whether conflict otherwise with the planning scheme and/or Regional Plan – Need – Whether facilities could be accommodated in the designated town centre to the east – Likely impact in the District Centre – Likely impact on a vacant Local Centre site to the west – Social impact – Amenity and urban design http://www.sclqld.org.au/qjudgment/2013/QPEC/038

Mahoney v Corrin [2013] QCAT 318

STATUTES – ACTS OF PARLIAMENT – OPERATION AND EFFECT OF STATUTES – RETROSPECTIVE OPERATION – INTERPRETATION – where applicants purchased property with view of the city prior to the commencement of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 – where trees in respondent’s property allegedly now interfere with the applicant’s view – where s 66 of the Act provides that QCAT may make orders to remedy, restrain or prevent substantial, ongoing and unreasonable interferences with the use and enjoyment of land – where interference includes obstruction of a view – where common law presumption that legislation does not operate retrospectively – whether s 66 of the Act may apply to a view that existed before the commencement of the Act http://www.sclqld.org.au/qjudgment/2013/QCAT/318

Modi & Clements v SDW Projects Pty Ltd & Ors [2013] QCA 221

CONVEYANCING – STATUTORY OBLIGATIONS OR RESTRICTIONS RELATING TO CONTRACT FOR SALE – PROTECTION OF PURCHASERS – OBLIGATIONS ON VENDOR: DISCLOSURE, WARNING AND LIKE MATTERS – where the appellants were solicitors retained by the first respondent to assist in conveying units in a proposed development – where buyers under the contracts of sale withdrew their offers to purchase, arguing that they were not bound because of non-compliance with s 365(2A)(c)(ii) of the Property Agents and Motor Dealers Act 2000 – where the first respondent obtained a declaration that letters sent by the appellants to the buyers’ solicitors, returning executed contracts with warning statements and information sheets, did not direct the buyers’ attention to the warning and information sheet, as required by s 365(2A)(c)(ii) – whether reference in the letters to the “Contract of Sale” could be regarded as encompassing the warning statement and information sheet – whether the context in which the letters were received or the form of the documents obviated the need to make specific reference to the relevant documents – whether the letters met the requirements of s 365(2A)(c)(ii)

Fabcot Pty Ltd v Cairns Regional Council [2013] QPEC 038

Planning and Environment – Applicant appeal against refusal of development application seeking a preliminary approval overriding the planning scheme – Proposed supermarket based shopping centre on land in Residential 2 Area – Whether achievement of relevant DEO’s would be compromised – Whether conflict otherwise with the planning scheme and/or Regional Plan – Need – Whether facilities could be accommodated in the designated town centre to the east – Likely impact in the District Centre – Likely impact on a vacant Local Centre site to the west – Social impact – Amenity and urban design To read more, please click here.

 Mahoney v Corrin [2013] QCAT 318

STATUTES – ACTS OF PARLIAMENT – OPERATION AND EFFECT OF STATUTES – RETROSPECTIVE OPERATION – INTERPRETATION – where applicants purchased property with view of the city prior to the commencement of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 – where trees in respondent’s property allegedly now interfere with the applicant’s view – where s 66 of the Act provides that QCAT may make orders to remedy, restrain or prevent substantial, ongoing and unreasonable interferences with the use and enjoyment of land – where interference includes obstruction of a view – where common law presumption that legislation does not operate retrospectively – whether s 66 of the Act may apply to a view that existed before the commencement of the Act To read more, please click here.

Modi & Clements v SDW Projects Pty Ltd & Ors [2013] QCA 221

CONVEYANCING – STATUTORY OBLIGATIONS OR RESTRICTIONS RELATING TO CONTRACT FOR SALE – PROTECTION OF PURCHASERS – OBLIGATIONS ON VENDOR: DISCLOSURE, WARNING AND LIKE MATTERS – where the appellants were solicitors retained by the first respondent to assist in conveying units in a proposed development – where buyers under the contracts of sale withdrew their offers to purchase, arguing that they were not bound because of non-compliance with s 365(2A)(c)(ii) of the Property Agents and Motor Dealers Act 2000 – where the first respondent obtained a declaration that letters sent by the appellants to the buyers’ solicitors, returning executed contracts with warning statements and information sheets, did not direct the buyers’ attention to the warning and information sheet, as required by s 365(2A)(c)(ii) – whether reference in the letters to the “Contract of Sale” could be regarded as encompassing the warning statement and information sheet – whether the context in which the letters were received or the form of the documents obviated the need to make specific reference to the relevant documents – whether the letters met the requirements of s 365(2A)(c)(ii) To read more, please click here.

Legislation

 Commonwealth

Water Efficiency Labelling and Standards (Registration Fees) Determination 2013

This determination sets the registration fees (as a tax) for applications to the WELS Scheme, and the rules for registration of ‘minor products’. This determination commences on 15 September 2013 (15 August 2013) To read more, please click here.

Water Efficiency Labelling and Standards Determination 2013 (No. 2)

This determination sets the registration requirements and rules for products that are covered by the WELS Scheme. Administered by: Sustainability, Environment, Water, Population and Communities (15 August 2013) To read more, please click here.

Migration Regulations 1994 – Specification under regulation 5.19B – Eligible Managed Fund Investments – July 2013

This instrument specifies eligible managed fund investments. These include infrastructure projects in Australia; cash held by Australian deposit taking institutions; bonds; term deposits; real property in Australia;  Australian Agribusiness; annuities; derivatives This instrument, IMMI 13/092, commences on 23 November 2013 (13 August 2013)

To read more, please click here.

 Energy Efficiency Opportunities Amendment (Assessments and Reporting) Regulation 2013 SLI 227/2013

This regulation commences on the day after it is registered. This regulation amends the Energy Efficiency Opportunities Regulations 2006 to streamliance compliance and reporting requirements (06 August 2013) To read more, please click here.

 Carbon Credits (Carbon Farming Initiative) Amendment (Additionality Test and Other Measures) Regulation 2013 SLI 2013 No. 223

This regulation amends the Carbon Credits (Carbon Farming Initiative) Regulations 2011 by inserting additional provisions and making minor amendments to existing provisions (08 August 2013)

To read more, please click here.

 Queensland

 No 56: Duties Regulation 2013 – 16-08-2013

Amends the Duties Act 2001 for declared public unit trusts, activities for prescribed business and fees payable for administrative function

 No 57: Rural and Regional Adjustment Amendment Regulation (No. 5) 2013 – 16-08-2013

Amends the Rural and Regional Adjustment Act 1994

 No 58: Environmental Protection (Water) Amendment Policy (No. 1) 2013 – 16-08-2013

Amends the Environmental Protection Act 1994 ss 16 on Development and implementation of environmental plans and sch 1 Environmental values and water quality objectives for waters

 No 59: Local Government (Aboriginal Lands) Amendment Regulation (No. 1) 2013 – 16-08-2013

Amends the Aurukun and Mornington Shire Leases Act 1978

Contact Mills Oakley

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Tony Butler | Partner 
T: +61 7 3228 0432
E: tbutler@millsoakley.com.au

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