The Property Mill Queensland – 3 June 2015

June, 2015

In the media

Transport-oriented developments reshaping cities

Cities around the world are being shaped by the emergence of transit-oriented developments situated near major public transport hubs, according to new research by CBRE (26 May 2015).

To read more, please click here.

ACCC will not oppose Federation Centres’ proposed acquisition of Novion Property Group

The ACCC has announced that it will not oppose Federation Centres’ proposed acquisition of Novion Property Group after accepting court-enforceable undertakings from the parties to divest one of their shopping centres in South East Melbourne (21 May 2015).

To read more, please click here.

ASIC updates guidance for carbon market participants

ASIC today released updated regulatory guidance for carbon market participants. Given the broad range of financial services that may be provided in carbon markets, ASIC encourages carbon market participants to obtain their own professional advice on how the Corporations Act and other applicable laws apply to their particular circumstances (20 May 2015).

To read more, please click here.

UDIA: Budget Lacks Plan for Reform

Whilst avoiding the controversy that plagued last year’s Budget, the 2015-16 Federal Budget is light on the structural reforms necessary to drive Australia’s future economic growth. More focus must be placed on reforms to boost productivity, investment, and our standard of living, says the Urban Development Institute of Australia (UDIA) (12 May 2015).

To read more, please click here.

Queensland

Preferred developer of Brisbane riverfront site at Northshore Hamilton announced

A new $400 million waterfront community is a step closer after the Queensland Government announced it will work exclusively with Leighton Properties to finalise a detailed proposal to design and build apartment, retail and commercial buildings in Northshore Hamilton (26 May 2015).

To read more, please click here.

New State Govt $200 million infrastructure bonanza generates regional jobs

A new Palaszczuk Government infrastructure bonanza will pump $200 million over the next two years into regional projects, supporting about 600 jobs across the state (25 May 2015).

To read more, please click here.

Building Queensland Bill introduced to Parliament

The Honourable Jackie Trad MP, Minister for Transport, Minister for Infrastructure, Local Government and Planning, and Minister for Trade, introduced the Building Queensland Bill 2015 (the Bill) to Parliament on the 19th of May. The Bill provides the head of power for the commencement of the new independent statutory advisory body (21 May 2015).

To read more, please click here.

Next stage begins for Abbot Point expansion

Studies for an environmental impact statement will begin today for the proposed expansion of one of Queensland’s major coal export facilities, Abbot Point near Bowen. State Development Minister Dr Anthony Lynham said the EIS would take from six to nine months to complete and include 20 business days for public consultation (19 May 2015).

To read more, please click here.

Published – articles, papers, reports

Transit Oriented Developments: the convergence of factors: CBRE report

Several trends are creating opportunities for TOD projects in Australia and around the world.

Among those trends are increasing rates of urbanisation, declining productivity linked to increased travel times, a growing government focus on public transport infrastructure initiatives and greater sophistication in project and infrastructure funding (May 2015).

To read more, please click here.

In practice and courts

Public consultation: transition of Carbon Farming Initiative methods into the Emissions Reduction Fund: Department of the Environment

‎Public consultation is now open on the transition of nine Carbon Farming Initiative methods into the Emissions Reduction Fund, as foreshadowed in the Emissions Reduction Fund White Paper. Seventeen legacy Carbon Farming Initiative methods have now been superseded by new methods covering the same activities (19 May 2015).

To read more, please click here.

ACCC: input into review of water charge rules in the Murray-Darling Basin

The ACCC has released its issues paper seeking submissions on possible amendments to the Commonwealth water charge rules. Submissions should be provided to the ACCC by Friday 26 June 2015 (04 May 2015).

To read a copy of the issues paper, which includes details on how to make a submission, please click here.

Announcements, Draft Policies and Plans released 2015

Better Planning for Queensland: Directions Paper

The paper charts a strategic course for the next steps in planning reform, and is particularly focused on the immediate legislative reform agenda. A new Planning Bill will be introduced to the Queensland Parliament by October 2015 (25 May 2015).

To read more, please click here.

Cases

Sunshine Coast Regional Council v Parklands Blue Metal Pty Ltd & Ors [2015] QCA 091

REAL PROPERTY – CROWN LANDS – QUEENSLAND – ADMINISTRATION – APPEAL FROM THE PLANNING AND ENVIRONMENT COURT – where the applicant refused a development application made by the first respondent for a hard rock quarry in Yandina – where the first respondent successfully appealed to the Planning and Environment Court and the development permits were granted with strict conditions – where the proposed quarry was surrounded by mixed rural and acreage living – where the applicant contends that the primary judge erred in granting the application based on the construction of the relevant planning documents and the assessment of amenity impacts of the proposed quarry – whether the primary judge erred.

To read the case in full, please click here.

Davan Developments Pty Ltd v HLB Mann Judd (SE Qld) Pty Ltd [2015] QDC 121

Professional negligence – accounting advice and treatment of assets – whether “private” intentions for “limited development” of land – whether, if breach, there was causation.

To read the case in full, please click here.

Financial Securities Pty Ltd v Gold Coast City Council [2015] QSC 130

PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – JURISDICTION AND GENERALLY – GENERALLY – where the applicant sought declaratory relief – where the applicant sought to purchase land from the respondent – where the applicant wants the respondent to invoke a procedure under section 236 Local Government Regulation 2012 to facilitate the sale of land – where the respondent is not presently inclined to invoke the procedure – where the applicant seeks declaratory relief to overcome the respondents refusal to invoke the procedure – whether there is a present, factually-based controversy or dispute between the parties concerning actions taken by the council in relation to the procedure – whether the respondent had set up a barrier to the procedure.

To read more, please click here.

Mirvac Queensland Pty Ltd & Anor v Principal Body Corporate for the Ephraim Island [2015] QCAT 160

BODY CORPORATE – COMPLEX DISPUTE – JOINDER – whether discretion to join should be exercised – second joinder application – whether abuse of process – future possible cause of action or indemnity

Comfortable Homes v QBSA [2001] QBT 61 Coral Homes (Qld) Pty Ltd v Queensland Building Services Authority [2012] QCATA 241 MGM Containers Pty Ltd v Wockner [2006] QCA 502 Just GI Pty Ltd v Pig Improvement Co Aust Pty Ltd [2001] QCA 48 McNab Constructions Australia Pty Ltd v Donovan Hill Pty Ltd & Ors [2014] QCATA 172

To read the case in full, please click here.

Hammercall Pty Ltd v Minister for Transport & Main Roads & Ors [2015] QSC 114

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – GENERALLY – where the applicant submitted that their objections were not heard by an authorised delegate – where there were two notices of intention to resume issued – where there were two objection hearings in relation to the notices – where there was a factual question as to the position held by the individual who heard the objections – where s 7(3)(e)(iii) of the Acquisition of Land Act 1967 provided that objections may be heard by the constructing authority or its delegate – whether the individual who heard the objections was an authorised delegate under the Transport Planning and Co-ordination Act 1994 and the Acquisition of Land Act 1967.

STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – REFERENCE TO CONTEXT – where the applicant submitted that there were departures from the requirements of the Acquisition of Land Act 1967 – whether there was a legislative purpose to invalidate an act which failed to comply with the requirements of the Acquisition of Land Act 1967.

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – GENERALLY – where the applicant submitted that the Minister was not provided with the required information under s 9(3) of the Acquisition of Land Act 1967 – whether the application to the Minister met the requirements of s 9(3) of the Acquisition of Land Act 1967.

STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – WHOLE ACT TO BE CONSIDERED – whether the constructing authority under s 5(1)(a), (b) or (c) of the Acquisition of Land Act 1967.

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – PURPOSE OF ACQUISITION – where the applicant relied upon the fact that the land to be resumed would be used for both State and local government controlled roads – where the applicant relied upon the fact that part of the land to be resumed may have been used for the construction of a road that would provide access to a proposed quarry – where the applicant submitted that the land was being resumed for the purpose of an electricity provider laying cables on the land – where the applicant submitted that the resumption was for a ‘future’ purpose – taking of the land for the ‘purposes of transport’ – whether the notice of resumption was issued for a proper purpose under the Acquisition of Land Act 1967.

REAL PROPERTY – COMPULSORY ACQUISITION OF LAND – POWERS OF ACQUISITION – RIGHT TO BE HEARD – where the applicant relies upon the fact it did not have opportunity to reply to the written application to the Minister to take the land – whether the applicant was denied natural justice.

To read the case in full, please click here.

Dickson Properties Pty Ltd as Trustee for the Dickson Investment Trust v Brisbane City Council & Ors [2015] QPEC 018

APPLICATION – MINOR CHANGE – whether changes to the proposed development are minor changes for the purposes of the Integrated Planning Act 1997 and Sustainable Planning Act 2009 – where only substantive issue left in dispute was whether the introduction of an assembly point and flood emergency accommodation was a minor change – where proposed development located in a flood prone area – where respondent Council has refused development but does not contest the minor change application – where opposing co-respondents by election are long term residents of area who have suffered significant flood events – whether introduction of assembly point and flood emergency accommodation introduced a new use and unacceptable risks and was therefore not a minor change.

To read the case in full, please click here.

Chief Executive of the Department of Justice and Attorney-General v Kollosche & Anor [2015] QCAT 145

APPLICATION FOR STAY – DISCIPLINARY MATTER – REAL ESTATE AGENT – where disciplinary proceedings were brought against a real estate agent in the Tribunal, and the real estate agent was involved in Supreme Court civil proceedings in relation to the same property and involving some of the same witnesses – whether it was appropriate to order a stay – where there is a public interest in disciplinary proceedings – whether the possible disadvantage to be suffered by the real estate agent in conducting simultaneous proceedings is outweighed by the public interest and the interests of justice.

To read the case in full, please click here.

Legislation

Commonwealth

Personal Property Securities (Fees) Determination 2015

13/05/15 – This instrument determines the fees payable and also specifies the kinds of arrangements for the payment of fees that may be approved by the Registrar of Personal Property Securities (the Registrar) under subsection 190(4) of the Personal Property Securities Act 2009. It does not list those matters that do not incur a fee

To read more, please click here.

Carbon Credits (Carbon Farming Initiative—Reforestation and Afforestation 2.0) Methodology Determination 2015

13/05/2015 – This determination streamlines the earlier method released for use under the Carbon Farming Initiative in mid 2012. It sets out the detailed rules that landholders can use to cut their emissions by planting trees.

To read more, please click here.

Queensland

Subordinate Legislation as made

No 26: Aboriginal Land Amendment Regulation (No. 1) 2015 – 15 May 2015 – amends the Aboriginal Land Act 1991.

To read more, please click here.

Bills

Building Queensland Bill 2015 – 19 May 2015

To read more, please click here.

Sugar Industry (Real Choice in Marketing) Amendment Bill 2015* – 19 May 2015

To read more, please click here.

Contact Mills Oakley

 

tony-butler

Tony Butler  |  Partner
Property and Commercial
P: (07) 3228 0432
E: tbutler@millsoakley.com.au

tim-cox

Tim Cox  |  Partner
Property and Commercial
P: (07) 3228 0442
E: tcox@millsoakley.com.au

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