The Property Mill Queensland – 8 July 2014

July, 2014

In the Media

Great Barrier Reef dredging modelling for Abbot Point coal terminal ‘flawed’: AIMS

The Federal Government’s marine research agency believes modelling done for the expansion of a coal terminal near the Great Barrier Reef is “deficient” and “flawed” (30 June 2014)

To read more, please click here.

Federal Government under internal pressure to scrap Renewable Energy Target costs for aluminium industry

A call from Federal Government backbenchers to scrap Renewable Energy Target (RET) costs for the aluminium industry is understood to have the Environment Minister’s support. The RET is designed to ensure Australia gets 20 per cent of its electricity from renewable sources by 2020 (30 June 2014)

To read more, please click here.

Report claims Property Sector outperforming on sustainable supply chain

A report released in June by Sustainability at Work, with support from the NSW Office of Environment and Heritage on supply chain management has found that the property sector is one of the top performers, thanks to green building rating systems such as Green Star and LEED (24 June 2014)

To read more, please click here.

Audit office uncovers serious problems with Environment Department’s monitoring of major projects A report from the ANAO has found the department’s compliance with the Environment Protection and Biodiversity Conservation Act, showed “limited awareness” of the progress of many major project developments.

To read more, please click here.

Landcare trial to raise money through crowd funding The national environment organisation Landcare will trial crowd funding as an alternative way to source money to fund its projects. From September, 25 Landcare projects will be launched online.

To read more, please click here.

Australian Government: no priority for climate change at G20: Australia The Australian Foreign Minister, says her government won’t be making climate change a priority at the G20 summit in Brisbane later this year.

To read more, please click here.

New water vision to boost economic development

A Queensland Government proposal released for consultation aims to revitalise the management of water resources across the state to boost economic development opportunities for industries using water (02 July 2014)

To read more, please click here.

Self-read meters deliver savings for irrigators

Queensland irrigators in un-supplemented water areas could save up to $120 a year by reading their own water meters as part of a new Queensland Government initiative. The statewide roll out of self-reading of water meters (where water is taken from a bore or watercourse) begins June 30, 2014. The first readings are due by 14 July 2014 (26 June 2014)

To read more, please click here.

Queensland’s Labor opposition wants the Crime and Misconduct Commission to see if a sand mining extension is linked to an LNP donation.

The Queensland corruption watchdog has been asked to investigate if a donation to the state’s Liberal National Party led to an extension of sand mining on North Stradbroke Island. Last year the LNP government extended Sibelco’s lease for its main Enterprise mine from 2019 to 2035 (24 June 2014)

To read more, please click here.

WaterQ: a plan for Queensland’s water future

Queensland families will have safer, more secure and more affordable water with the launch of a 30 year strategy for the Queensland’s water sector (24 June 2014)

To read more, please click here.

Queensland Integrity Commissioner appointed

The Premier has announced Richard Bingham would become the Queensland Integrity Commissioner from 1 July 2014. The Integrity Commissioner has an important role providing advice to politicians and public servants about integrity and ethics issues and to maintain the lobbyists register (24 June 2014)

To read more, please click here.

Green group wants new protections after wild rivers declarations ruled invalid

Traditional owners of the Stewart, Lockhart and Archer river basins have won a four-year legal battle in the Federal Court to have the declarations, overturned. The Federal Court found the legislation by the then-Labor government was so unreasonable it was an abuse of power (18 June 2014)

To read more, please click here.

Published – articles, papers, reports

Land Management and Farming in Australia / ABS

Information on a variety of management practices being adopted by Australian agricultural businesses, including cropping and pasture management, soil management, fertiliser use, natural environment conservation protection, and water use (27 June 2014)

To read more, please click here.

Climate of the nation 2014 – Australian attitudes on climate change: are Australians climate dinosaurs / Kristina Stefanova, John Connor, Tim O’Halloran; Climate Institute

This report, which benchmarks Australian attitudes to climate change, argues that political leaders risk being stuck in the past as public attitudes on climate change and its solutions are on the rebound (23 June 2014)

To read more, please click here.

In practice and courts

Federal Court: Native title rights recognised

The Federal Court of Australia has recognised native title rights for:

Kooma People native title rights recognised – 25 June 2014

Northern Cape York Peoples’ native title rights recognised – 20 June 2014

Water Act 2007 Review

The overarching focus of the Review is to consider whether the Water Act is delivering on its objectives effectively and with the minimum necessary regulatory burden imposed on the water industry, water managers and irrigators. Submissions close 4 July 2014

To read the review of the Water Act 2007, please click here.

National Water Commission – National Water Initiative

The National Water Commission releases an e-book which highlights significant benefits that have flowed to individual water users, communities, industries and the environment (25 June 2014)

To read more, please click here.

Brisbane City Plan 2014 commences 30 June 2014

The revised plan commences 30 June 2014. From this time, the new plan will be known as Brisbane City Plan 2014.

See documents here Brisbane City Plan 2014 (ePlan), Brisbane City Plan 2014 mapping and Fact sheets

PowerQ

PowerQ will give Queensland households, small businesses and industry greater choice, flexibility and control over how they use and pay for electricity.

PowerQ is available at www.dews.qld.gov.au

Queensland State Land Review: discussion paper

The review will focus on: improving investment certainty for business and residential leaseholders by providing them with greater flexibility to allow the leased land to be used by third parties; providing greater flexibility to local government as managers of state land and streamlining government administration of state land. Submissions close on 31 August 2014

To read more, please click here.

Cases

Hymix Australia Pty Ltd v Brisbane City Council & Ors [2014] QPEC 035

PLANNING AND ENVIRONMENT – Proposal to re-establish the use of an industrial development previously developed within a green space and rural area as exempt development – where exemption had expired – whether undesirable entrenchment – conflict with the planning scheme – sufficiency of grounds – SEQRP regulatory provisions.

To read more, please click here.

Camp Seabee Properties Pty Ltd v Commissioner of State Revenue [2014] QCAT 258

GENERAL ADMINISTRATIVE REVIEW – STAMP DUTY – where duty assessed on 5 transactions for the purchase of real property in one development – where same vendor, developer and purchaser in each transaction – where all contracts dated the same day, subject to same conditions and settled on the same day – where Commissioner later reassessed duty payable, aggregating the dutiable transactions and assessing as one transaction under s 30 of the Duties Act 2001 – whether the transactions together form, evidence, give effect to or arise from what is substantially one arrangement.

To read more, please click here.

Legislation

Bills – 24 June 2014

Clean Energy (Income Tax Rates and Other Amendments) Bill 2013

Clean Energy Finance Corporation (Abolition) Bill 2014 – repealed 26 June 2014

Clean Energy Legislation (Carbon Tax Repeal) Bill 2013

Climate Change Authority (Abolition) Bill 2013

Minerals Resource Rent Tax Repeal and Other Measures Bill 2013

Bills – 23 June 2014

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) (Transitional Provisions) Bill 2013

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) Bill 2013 [No. 2]

Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) Bill 2013 [No. 2]

True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Bill 2013 [No. 2]

True-up Shortfall Levy (General) (Carbon Tax Repeal) Bill 2013 [No. 2]

Bills – 19 June 2014

Australian Renewable Energy Agency (Repeal) Bill 2014

The Australian Renewable Energy Agency (Repeal) Bill will close the Australian Renewable Energy Agency by repealing the Australian Renewable Energy Agency Act 2011 Registered 19 June 2014 Introduced HR 19 June 2014

To read more, please click here.

Carbon Farming Initiative Amendment Bill 2014

The Carbon Farming Initiative Amendment Bill 2014 amends the Carbon Credits (Carbon Farming Initiative) Act 2011 (CFI Act), the National Greenhouse and Energy Reporting Act 2007 (NGER Act), the Australian National Registry of Emissions Units Act 2011 (ANREU Act) and the Clean Energy Regulator Act 2011 (CER Act) to provide for the establishment of the Emissions Reduction Fund. Registered 19 June 2014 Introduced HR 18 June 2014

To read more, please click here.

Water Amendment (Interactions with State Laws) Regulation 2014 (No. 1) SLI 2014 No. 97

This instrument amends the Water Regulation 2008 to extend recognition of transitional water resource plans under the Water Act 2007 for New South Wales—State plans that prevail over Basin Plan, to January 2014 Registered 28 June 2014

To read more, please click here.

National Greenhouse and Energy Reporting (Measurement) Amendment Determination 2014 (No. 1)

This Instrument aims to achieve the following: provide clarification of methodologies to simplify, streamline and improve the accuracy of emission estimation methods; respond to feedback from stakeholders; and update scope 2 emissions factors for the consumption of electricity, which require annual adjustment in line with dispatch decisions within the electricity market made throughout the last financial year. Registered 26 June 2014

To read more, please click here.

Subordinate legislation

No 123 Revenue Legislation Amendment Regulation (No. 1) 2014

No 134 Environmental Protection Amendment Regulation (No. 2) 2014

No 135 River Improvement Trust Amendment Regulation (No. 1) 2014

No 137 Sustainable Planning Amendment Regulation (No. 5) 2014

No 138 Energy Legislation Amendment Regulation (No. 1) 2014

No 142 Water Resource Plans Amendment Plan (No. 1) 2014

No 145 Environmental Offsets Regulation 2014

No 146 Environmental Offsets (Transitional) Regulation 2014

No 114 Rural and Regional Adjustment Amendment Regulation (No. 4) 2014

No 115 Environment and Heritage Protection Legislation Amendment Regulation (No. 1) 2014

No 116 Proclamation commencing remaining provisions of the Land and Other Legislation Amendment Act 2014

No 117 Land and Other Legislation Amendment Regulation (No. 1) 2014

No 118 Electricity Amendment Regulation (No. 1) 2014

No 119 National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 1) 2014

 

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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