The Property Mill Queensland – 28 August 2014

August, 2014

In the Media

Shopping centre income growth forecast

The BIS Shrapnel report finds that net income growth for shopping centres has fallen behind inflation and will average only around 2.6 per cent per annum over the next five years (25 August 2014)

To read more, please click here.

Big industry players back LHA Guidelines

Two major industry players have signalled their support for the design principles of Livable Housing Australia (LHA), with Grocon becoming the first Australian real estate developer to commit to building all future residential developments under national Livable Housing Design Guidelines.

To read more, please click here.

Energy companies confirm carbon tax savings for customers

In their Removal Substantiation Statement, Origin has confirmed that customers across Australia will benefit from the repeal of the carbon tax. These savings will be backdated to 1 July 2014 (22 August 2014) Energy companies confirm carbon tax savings for customers.

To read more, please click here.

Carbon Tax savings going to consumers
AGL Energy, one of Australia’s largest electricity and gas retailers, has now detailed the direct savings customers will have from the repeal of the carbon tax, in their Removal Substantiation Statement. These savings will be backdated to 1 July 2014 (21 August 2014).

To read more, please click here.

Government heeds message on Gold Coast Spit
Gold Coast residents and visitors will continue to have access to Doug Jennings Park and state-owned land on the Southport Spit after the Queensland Government decided to rule out development of these areas as part of a possible cruise ship terminal (26 August 2014).

To read more, please click here.

Sunshine Coast: Plan for the future
A new report into the Queensland Sunshine Coast’s economic fundamentals says the region has weathered the global financial crisis well, but it should widen its sectoral base to embrace new opportunities (25 August 2014).

To read more, please click here.

New roads and more jobs for the Sunshine Coast
Plans for a $440 million road project to slash congestion for drivers between Caloundra and Maroochydore and create 2,500 jobs for the Sunshine Coast have been unveiled, with consultation on planning and design to continue and should be finalised by early 2015 (19 August 2014).

To read more, please click here.

Cape York land returned to Traditional Owners
Traditional Aboriginal owners in central Cape York will have more economic opportunities and greater control of their future after the Queensland Government transferred 38,000 hectares of land to its traditional owners, the Thaypan people. About a quarter of the area (8,550 hectares) will be declared as Payrrape Nature Refuge (14 August 2014).

To read more, please click here.

Published – articles, papers, reports

Great Barrier Reef coastal zone strategic assessment: supplementary report / Department of State Development, Infrastructure and Planning (Queensland)
Provides information on the Great Barrier Reef coastal zone strategic assessment as part of a public consultation, Queensland’s assessment takes a ‘systems’ level approach and provides a broad landscape scale assessment of the state’s legislation, policies, plans and programs (the Program) (13 August 2014).

To read more, please click here.

In practice and courts

The Department of the Environment: threatened species maps released
The maps and data focus on native flora and fauna that are listed under national environment law as vulnerable, endangered and critically endangered. The maps are accompanied with an industry standard grid and summary spreadsheet which provides an index to each species map and links to further information. The maps can be downloaded at www.environment.gov.au/science/erin/databases-maps/snes.

Draft long-term strategy for environmental watering in the Murray–Darling Basin: public comment
Interested people are invited to give feedback on a draft long-term strategy which sets out basin long term goals. The Basin-wide Environmental Watering Strategy is a key component of work under the Basin Plan, with public comment open until the end of September (21 August 2014).

People can provide their feedback via the MDBA website.

Draft approval bilateral agreements released for public comment: ACT and Tasmania
Draft bilateral agreement that provides a single process for environmental approvals in the Australian Capital Territory and Tasmania have been released for public comment, closing in September 2014. See the drafts here:
Public consultation: draft approval bilateral agreement between the Commonwealth and the ACT
Public consultation: draft approval bilateral agreement between the Commonwealth and Tasmania

Locality Planning Energy – application for electricity retailer authorisation
On 11 August 2014, the Australian Energy Regulator (AER) accepted an application from Locality Planning Energy Pty Ltd (LPE) for an electricity retailer authorisation under the National Energy Retail Law. Submissions from interested parties on the application close on 10 September 2014.

To read more, please click here.

Announcements, draft policies and plans

Sunshine Coast: Plan for the future
The University of the Sunshine Coast report, A commentary on the Greater Sunshine Coast economy, provides economic snapshots of the region, which includes the local government areas of the Sunshine Coast Council and Noosa Shire (25 August 2014) To download a copy of the report, go to: http://research.usc.edu.au/vital/access/manager/Repository/usc:13397?queryType=vitalDismax&query=economic+commentary

Planning and Development Bill and Planning and Environment Court Bill: consultation reminder– The Planning and Development Bill will replace the Sustainable Planning Act 2009, and aims to reduce over-regulation, red tape and excessive timeframes. The draft Bill and the consultation draft for the Planning and Environment Court Bill comment closes on 26 September.
Draft Planning and Development Bill
Draft Planning and Environment Court Bill
Information Paper

Cases

Mid Brisbane River Irrigators Inc v The Treasurer and Minister for Trade of the State of Qld & Ors (No 2) [2014] QSC 197
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND EVIDENCE – APPLICATIONS – where the applicant applies for judicial review of a decision of the first and second respondents to direct the third respondent to set water prices at a particular rate – where the first respondent made an application for an interlocutory injunction restraining the third respondent from issuing invoices for charges set in accordance with the direction – whether the balance of convenience favoured the grant of the injunction.

To read more, please click here. 

Kinsella v Gold Coast City Council (No 2) [2014] QSC 181
Defendant pay 75 per cent of the plaintiffs’ costs of the application decided by the judgment
on 16 April 2014.

PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT –COSTS OF WHOLE ACTION
GENERALLY – where the plaintiffs were substantially successful in defending a strike out
Application – whether costs should follow the event, and if so, in what proportion should the defendant be ordered to pay the plaintiff’s costs – damages for nuisance.

To read more, please click here. 

 

Legislation

Bills Progress
Forestry and Another Act Amendment Bill 2014
Stage reached: Passed with amendment on 7/08/2014 Assent Date: 15/08/2014 Act No: 41 of 2014 Commences: see Act for details
State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Bill 2014
Stage reached: Passed with amendment on 5/08/2014 Assent Date: 15/08/2014 Act No: 40 of 2014 Commences: by Proclamation
Local Government Legislation Amendment Bill 2014
Stage reached: Report from Committee on 18/08/2014
Safe Night Out Legislation Amendment Bill 2014
Stage reached: Report from Committee on 18/08/2014

Acts
No 40: State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014 – 15 August 2014
No 41: Forestry and Another Act Amendment Act 2014 – 15 August 2014

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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