Overhaul of development regulation in Qld - life after IPA - 25 June 2009
The long awaited and much anticipated, Sustainable Planning Bill 2009 (Qld) (“SPB”) was recently introduced into State Parliament. Eleven years after introducing significant reforms to Queensland’s development regulation and assessment processes, the Integrated Planning Act 1997 (Qld) (“IPA”) will be completely replaced by the SPB.
Urban Growth Boundary - invitation for public submissions - 19 June 2009
Submissions are invited by 17 July 2009 in response to a report released by the Victorian Government detailing proposed expansions to Melbourne’s Urban Growth Boundaries. You should consider whether the proposed changes have implications for land value and development and whether to make a submission. There are two core features which may affect our clients.
Commercially sensitive documents exposed by FOI in Queensland - 5 June 2009
On 2 June 2009, the Queensland Parliament passed the Right to Information Act 2009 (Qld) (the RTI Act) and Information Privacy Act 2009 (Qld) (the IP Act). These Acts create significant changes to the Freedom of Information (FOI) regime in Queensland. People will now have access to the documents of agencies and ministers, unless on balance, release of the material can be shown to be contrary to the public interest.
The low carbon crunch: momentum gathers towards Copenhagen - 29 May 2009
This year is critical for climate change policy and law. Proposals put forward by developed and developing countries foreshadow some far reaching changes in policy and law that will impact trade and investment globally. In this article, we consider the latest negotiation texts published by the United Nations and the China position paper on climate change negotiations.
Contaminated land: draft Guidelines on the duty to notify the NSW EPA - 16 April 2009
Draft Guidelines have been released on the “duty to notify” the Environment Protection Authority (EPA) of contaminated land. The Guidelines build on significant amendments to the duty to notify, in section 60 of the Contaminated Land Management Act 1997, which were passed by the NSW Parliament in December 2008.
Brisbane Energy and Resources legal update - January 2009
Amendments to Contaminated Land Management Act 1997 (NSW) - 10 December 2008
Last week the NSW Parliament passed significant amendments to the Contaminated Land Management Act 1997 (NSW). These amendments result from a major review of the Act undertaken over the past five years.
China environmental update - November 2008
This update contains an outline of tax concessions recently introduced for environment-friendly machinery and facilities in Hong Kong and China.
EPBC bilateral agreement - 7 November 2008
Victoria and the Commonwealth have recently prepared a draft bilateral agreement which proposes to streamline approval processes and minimise duplication in assessments between state and federal layers of environment assessments.
Worksafe Blitz in Victoria - are you ready? - 5 November 2008
Worksafe Victoria has begun conducting a 'blitz' on manual handling across the State. The campaign, which commenced on 1 November, will involve snap inspections across all sectors, targeting musculoskeletal disorder (MSD) injuries.
Treasury modelling suggests CCS development vital - 30 October 2008
The Government today launched its Australia's Low Pollution Future Report which presents the Treasury’s long awaited modelling on the costs and opportunities of climate change mitigation. The modelling suggests that Australia’s mitigation costs will be significantly reduced if carbon capture and storage (CCS) technology is commercially developed in Australia. The international trading of permits will also help to minimise Australia’s mitigation costs.
ATO changes view on GST and residential development costs - 21 August 2008
The ATO has recently published a new interpretative decision, ATO ID 2008/114, which sets outs its revised view on the entitlement of a developer of "new residential premises", to input tax credits (GST credits) where the developer temporarily leases the premises.
Greenhouse Gas Storage Bill - House of Representatives Report released - 15 August 2008
The House of Representatives Standing Committee on Primary Industries and Resources released its Final Report on the Offshore Petroleum (Greenhouse Gas Storage) Amendment Bill exposure draft (the CCS Bill). The Committee made significant recommendations in several areas, particularly in relation to the interaction between CCS and petroleum titles, and the long term liability of CCS operators.
Climate change impacts and planning controls - 8 August 2008
The risks of climate change impacts and sea level rise have led to the refusal of planning approval by the Victorian Civil and Administrative Tribunal for a 6 lot residential coastal development. This decision adds a new dimension to planning assessments for proposed coastal developments, and carries both practical and legal significance.
Government releases green paper on carbon trading - 16 July 2008
The Australian Government today released its much-anticipated policy paper on carbon trading, reiterating its earlier election policy to establish a broad-based “cap and trade” emissions trading scheme by 2010. Framed as a green paper (or options paper), today’s report canvasses a number of policy options, as well as flagging the Government’s preferred policy.
NSW liquor industry faces shake up - 1 July 2008
Today, the Liquor Act 2007, and its accompanying regulations, commences and replaces the existing statutes which regulate all liquor sales and related activities in Hotels, Registered Clubs and Star City Casino in New South Wales.
Victorian Planning Reforms - 23 May 2008
This week the Victorian State Government announced proposed reforms that will further centralise decision-making on key planning approvals. The Victorian Government’s responsiveness to applications for planning approvals by property developers and proponents of major infrastructure looks set to continue.
High Court decision overturns GST treatment of forfeited deposits - 22 May 2008
In a unanimous decision, the High Court has held that GST does apply to a forfeited deposit. This overturns the earlier decision of the Full Federal Court, which specified that GST does not apply to a forfeited deposit.
The Victorian Government's Green Paper - 22 May 2008
This alert is to invite clients to make submissions to the recently released Green Paper called “The Land and Biodiversity at a Time of Climate Change".
Greenhouse Gas Storage Bill released - 20 May 2008
After much anticipation, the long awaited exposure draft of the Offshore Petroleum (Greenhouse Gas Storage) Amendment Bill has been released for public comment. The bill is a significant step at the Federal level to set up a regulatory regime to facilitate carbon capture and storage (CCS), a major potential abatement measure to reduce the emissions of greenhouse gases.
Margin scheme changes flagged in Budget - 14 May 2008
Changes to the margin scheme provisions in the GST Act were flagged in the Federal Budget released on 13 May 2008.
Mandatory carbon reporting - are you ready? - 13 May 2008
A large number of Australian businesses will, for the first time, be required to monitor and report their energy use and greenhouse gas emissions under new Commonwealth legislation to take effect on 1 July 2008.
Harmonisation of Greenhouse Reporting Schemes - 7 May 2008
The Commonwealth has committed to removing regulatory overlap between the various greenhouse gas and energy use reporting schemes in place throughout Australia, from 1 July 2008. These proposed changes provide opportunities for you to streamline reporting and compliance systems.
Hong Kong's new Hazardous Chemicals Control Ordinance - 25 March 2008
The Hazardous Chemicals Control Ordinance will come into effect on 1 April 2008. The Ordinance provides a framework for the control of chemicals that have potentially significant adverse effects on human health and the environment in Hong Kong.
Air at the end of the tunnel, Part II - 3 March 2008
Facing growing pressure to address Hong Kong’s air pollution crisis and meet the emission reduction targets agreed with neighbouring Guangdong Province by 2010, the Hong Kong Government has stepped up its efforts to regulate emissions from the power sector.
Queensland Land and Resources Tribunal rejects greenhouse objections and approves mine expansion - 20 February 2007
Following the decision in Gray v Minister for Planning and Ors the Queensland Land and Resources Tribunal has recommended expansion of a coal mine in central Queensland be approved without conditions requiring the offsetting of greenhouse emissions.
Minister's decision upheld - no Commonwealth environmental approval required for Anvil Hill Project - 4 October 2007
On 20 September 2007, the Federal Court of Australia dismissed an application for judicial review of a decision made by the Minister for the Environment and Water Resources under the Environment Protection and Biodiversity Conservation Act 1999.
Energy Efficiency Opportunities Act 2006 (Cth) - Moving forward after registration - 23 April 2007
Our Alert of 22 March 2007 highlighted the need for corporate groups that used more than 0.5 petajoules (PJ) of energy in 2005-2006 to register under the Energy Efficiency Opportunities Act 2006 (Cth) by 31 March 2007. By now you will hopefully have assessed whether your corporate group was required to register.
Queensland Land and Resources Tribunal rejects greenhouse objections and approves mine expansion - 20 February 2007
Following the decision in Gray v Minister for Planning and Ors the Queensland Land and Resources Tribunal has recommended expansion of a coal mine in central Queensland be approved without conditions requiring the offsetting of greenhouse emissions.
Environment - Planning - Native Title - OH&S update - 13 December 2006
Our latest update contains a brief outline of recent developments in Environment, Planning and Occupational Health and Safety.
Environment Protection (Amendment) Act 2006 passed - 15 September 2006
The Environment Protection (Amendment) Act 2006 (Vic) was passed on 24 August 2006 and makes significant changes to the Environment Protection Act 1970. These changes will have significant ramifications for business, particularly those engaged in waste-related activities, and are summarised below.
Preparing for the Contaminated Sites Act (WA) - 5 things you should know - 31 August 2006
The Contaminated Sites Act 2003 (WA) will (finally!) come into force in Western Australia on 1 December 2006. The Act may affect you if you are in one of the following five categories: you have, or will, cause or contribute to land or water being contaminated, you own a contaminated site, you occupy or control a contaminated site, you are a mortgagee of a contaminated site or you are a director of, or a related corporation of, a corporation listed in the previous four categories.
Environment - Planning - Native Title - OH&S update - August 2006
Our latest update contains a brief outline of recent developments in Environment, Planning and Occupational Health and Safety.
Environment - Planning - Native Title - OH&S update - May 2006
Our latest update contains a brief outline of recent developments in Environment, Planning and Occupational Health and Safety.
Environment - Planning - Native Title - OH&S update - February 2006
This Update outlines recent developments in Environment and Occupational Health and Safety. Articles include avoiding dangerous climate change (climate change trigger) Bill, reform to transport of dangerous goods and other state specific initiatives.
Energy efficiency for large users, the push for “clean coal” and new Australia/China projects - 21 September 2005
Governments continue to implement initiatives to reduce greenhouse gas emissions that do not necessarily involve renewable energy. In this review, we consider new Australian legislation requiring large users of energy to assess and report on their energy use, the European Union’s move to embrace “clean coal” and new China/Australia joint projects aimed at reducing greenhouse gas emissions.
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