In the media
Commonwealth
Chinese investors tipped to return this year
Chinese investors will re-enter the Australian real estate
market in the second half of this year according to Asian proptech
company Juwai (26 March 2021). More...
Experts eye end of HomeBuilder
Experts predict the housing market is at a tipping point
with the end of HomeBuilder looming on March 31 and international
border closures stagnating growth (25 March 2021). More...
Profitability in Australian dwellings rose over the
December quarter, with Hobart coming in as the most profitable
capital city
Eliza Owen, Core Logic's Head said on the latest Pain
and Gain report "As property values rose across each state and
Territory through the December quarter, buoyed by a cash rate
reduction through November, the value of profits also increased
substantially" (24 March 2021). More...
ANZ forecasts prudential changes to curb house
prices
Strong tailwinds will bolster the Australian economy
through the second half of the year, but macro-prudential measures
are likely to be introduced to ease house price pressures in 2022
(24 March 2021). More...
Flood crisis highlights need for 'tough
conversation' about suburban spread: Littleproud
Australia must have a "tough conversation" about
where people should build their homes, Emergency Management
Minister David Littleproud says. State and local governments needed
to urgently devise new rules for planning and developments, based
on recommendations from the bushfires royal commission (22 March
2021). More...
Housing lending may be cheap, but regulators argue it is
not yet risky
New data suggests changes to mortgage lending rules in the
near future are unlikely, despite rapidly rising home values.
Recent data from the APRA suggests that while the proportion of
loan originations that could be 'higher risk' showed a
slight increase through the December quarter, the regulator saw no
evidence of a "material relaxation in lending standards"
(22 March 2021). More...
Show us the evidence for benefits to customers: Mutual
recognition
REIA has called for more evidence to back claims that AMR
will grow productivity and reduce red tape with the introduction of
the Mutual Recognition Bill to the Lower House (19 March 2021).
More...
Trees can curb urban heatwaves
The heat is on Melbourne, Brisbane and Sydney to increase
urban vegetation and prevent scorching summer temperatures. Regions
with higher levels of vegetation are cooler regardless of
population density, according to Monash University's
temperature check report (18 March 2021). More...
The planning system needs to get "climate
conscious", fast
The Planning Institute of Australia is committed to
achieving zero net carbon from the built environment by 2050, if
not sooner. But to achieve this goal it is critical that planning
systems be a help - not a hindrance - by cutting greenhouse gas
emissions and by adapting to climate change (18 March 2021).
More...
Australian Conservation Foundation: Temperature check:
Greening Australia's warming cities
Increasing urban vegetation will become essential for our
three largest cities to reduce serious heatwave impacts by
2060-2080, finds a new report by the Australian Conservation
Foundation and the Monash Climate Change Communication Research Hub
(18 March 2021). More...
New stewards bring a hole-in-one approach to
recycling
The Morrison Government is taking its investment in
product stewardship to close to $15 million and will now see a
million sports shoes a year diverted from landfill, 200 tonnes of
golf clubs recycled as well as industrial tyres and commercial
furniture (16 March 2021). More...
Property prices increase in all capital cities
Residential property prices rose 3.0 per cent in the
December quarter 2020, the strongest quarterly growth since the
December quarter 2019, according to figures released by the ABS (16
March 2021). More...
GBCA: A circular economy discussion paper
The circular economy has been highlighted as one of the
megatrends shaping the next phase of the built environment.
Momentum is gathering across the world; however, Australia is
lagging behind countries in Europe and Asia. (16 March 2021). Read
the discussion paper here or the summary here.
Farmers open arms to climate testing
Four pilot locations have been selected to support the
development of the Department of Agriculture, Water and the
Environment's Drought Resilience Self-Assessment Tool and
Climate Services for Agriculture programs (15 March 2021). More...
2021 UDIA State of the Land launched
UDIA National has launched the 20201State of the Land
report - the industry's most crucial and comprehensive overview
of new home and apartment markets across our capital cities (12
March 2021). More...
Victoria
'Sale of the century': Dozens of former school
sites earmarked for market
Dozens of former schools across Victoria are being
prepared for sale on the open market, but planning experts warn the
state government may soon have to buy back nearby land at higher
prices as more people move to the regions (24 March 2021). More...
63 times the size of Melbourne's CBD: Victoria's
farmland lost to thousands of residential developments
Rural shires report "phenomenal" population
growth as regional and rural land is rezoned residential, and one
expert says it will affect Melbourne's food supply (20 March
2021). More...
Sustainable village delivering affordable housing
Dozens of Victorians at risk of or experiencing
homelessness will benefit from secure housing, reduced power bills
and the opportunity to build social connections in a
ground-breaking new housing development in Brunswick (19 March
2021). More...
Melbourne social housing projects win funding
Social housing projects are continuing to gain momentum
with four projects in Melbourne receiving funding through the
$1-billion National Housing Infrastructure Facility (17 March
2021). More...
NSW
Stamp duty abolition: The end justifies the means
In replacing stamp duty with a more stable, efficient and
equitable tax we should remain focused on the benefits of the
reform, not the complexity of the transition, stated HIA's
Chief Economist, Tim Reardon. HIA provided a submission to the
Consultation Paper-Buying in NSW, Building a Future and has
released HIA's Stamp Duty Watch report (19 March 2021).
More...
Queensland
Homecorp secures funding for $200m Build-to-Rent
project
Homecorp Property Group will break ground on the Gold
Coast's first dedicated build-to-rent project after securing
funding for the $200-million development from ANZ (25 March 2021).
More...
New city to be built from scratch north of
Brisbane
Caboolture West in Moreton Bay has been picked as the
pilot site of a planning strategy to ensure infrastructure can keep
pace with population growth and housing demand in south-east
Queensland (25 March 2021). More...
Department to pass on secret Bulimba study for council
bridge planning
A 2016 feasibility study for an 'active transport
bridge' from Bulimba to Teneriffe, sought by the council amid
efforts to find a fifth green bridge site, found more work needed
to assess its cost (25 March 2021). More...
Caboolture West SEQ's first new growth area
selected
A new suburb at Caboolture West has been selected as the
first new growth area to accelerate land supply in the south east.
Neighbourhood Development Plan 1 within Caboolture West, will be
the first pilot site in a future growth program which will unlock
growth, housing choice and affordability (25 March 2021). More...
Land supply and growth challenges in South East
Queensland
ShapingSEQ's 50-year vision will place South East
Queensland as a globally recognised region where people love to
live, learn, work, invest and visit. The region is expected to grow
by 1.5 million people by 2041. ShapingSEQ maps out how the state
will sustainably and responsibly accommodate a growing population
(25 March 2021). More...
The population in this south-east Queensland region is
set to exceed Tasmania
South-east Queensland's population is predicted to
surge by more than 2 million people by 2036 and community groups in
the Moreton Bay region are opposing the proliferation of
developments proposed to cater for the population boom (24 March
2021). More...
Grenfell-style cladding comes off CBD high-rise Brisbane
Square
External wall panels similar to the ones used on
London's Grenfell Tower are being removed from the Brisbane
Square building In George Street in a multimillion-dollar project
(24 March 2021). More...
'Missing in action': Student bed sector's
plea for plan after Brisbane boom
After being courted for years, Brisbane's
multibillion-dollar student housing sector has hit out at the
council and governments for failing to work with them amid the
challenges of COVID-19 (24 March 2021). More...
'Slimline' hotel plans revealed for Roma St
hub
Plans for a 26-storey slimline hotel in the Brisbane CBD
just outside the Roma Street priority development area have been
lodged (23 March 2021). More...
Double towers unveiled for Brisbane fringe
Plans have been lodged to build two mixed-use towers
opposite Westfield Garden City in one of Brisbane's
fastest-growing suburbs on the southside (22 March 2021). More...
DES fines Ipswich company after odour complaints
The Department of Environment and Science has fined Wood
Mulching Industries $13,345 for odour issues affecting residents in
Redbank Plains (19 March 2021). More...
Luxe eco-tourism resort planned for South Stradbroke
Island
Plans for a six-star eco-tourism resort on the Gold
Coast's South Stradbroke Island have been lodged for the
abandoned former McLaren's Landing (19 March 2021). More...
Shovel-ready projects rebuild Queensland tourism
industry
Shovel-ready projects capable of creating new
opportunities and spurring investment are part of Queensland's
plans to rebuild its $25.5-billion tourism industry (18 March
2021). More...
'Wellness hotel' pitched to grow from long-term
Valley nightclub site
The 14-storey Fortitude Valley Hotel has been proposed as
a high-end attempt to revitalise the 'long-standing
eyesore' that is the southern end of the Valley (18 March
2021). More...
Legal advice released on possibility of retirement
village on former North Lakes Golf Course
A controversial proposal to put a retirement village on a
former golf course may have a step closer to reality with legal
advice confirming a development application can be made (18 March
2021). More...
Government paid $13 million over recommended value for
water buyback
The Australian government paid almost $13 million more
than was advised by an independent valuer, in an $80 million deal
to secure water from two Queensland farms in 2017 (17 March
2021). More...
Clive Palmer's neglected Coolum Resort in for a
$100m revamp
Billionaire former politician Clive Palmer is back in the
tourism game after announcing the $100 million redevelopment of his
eponymous resort on Queensland's Sunshine Coast (17 March
2021). More...
Springfield goes global in search for $15bn
developer
Springfield City Group has gone global in its search for a
partner to help deliver its $15-billion Knowledge Precinct that
will complete the masterplanned Springfield CBD (17 March 2021).
More...
New roads, schools to be mapped out under 10-year
Queensland blueprint
How to tackle Brisbane bottlenecks and safeguard drinking
water in regional Queensland will be part of a review into the
state's long-term infrastructure strategy (16 March 2021).
More...
Surf park planned for Gold Coast resort
Parkwood Village has announced plans to build a
'world-class' wave pool by 2023, forming larger plans for
its already approved integrated resort and leisure precinct on the
Gold Coast (16 March 2021). More...
Rainforest to be restored at The Spit
A bold rainforest restoration project will protect and
improve 37 hectares of critically endangered littoral rainforest
and coastal vegetation at The Spit for future generations (16 March
2021). More...
Residents' input sought for
'once-in-a-generation' community precinct in Birkdale
Redland City Council is seeking ambitious ideas from
residents to transform a 62-hectare block of land south-east of
Brisbane into a major community precinct (16 March 2021). More...
Published - articles, papers, reports
Australian Bureau of Statistics
16 March 2021 Residential Property Price Indexes: Eight Capital
Cities
In practice and courts
Announcements, Draft Policies and Plans released 2021
NSW
Have your say on changes to how building design and
construction is regulated in NSW
The development of supporting regulations is the next step
on delivering on this piece of the Government's building reform
agenda, with the scheme commencing on 1 July 2021. The Design
and Building Practitioners Regulation commences on this date.
More...
Registrar General: Free land titling support for NSW
property owners affected by floods
NSW Land Registry Services (NSW LRS) are
offering free land titling support to landholders
impacted by the recent flooding in NSW. Landholders can contact NSW
LRS for free assistance with title searches, replacement
Certificates of Title and plan images (22 March 2021). More...
Registrar General: Electronic signing options for
dealings and plans extended to 31 December 2021
To assist customers during the pandemic, the option to
sign dealings and plans electronically has been extended to the end
of 2021. Version 3 of the Conveyancing Rules - (COVID-19
Pandemic) Amendment was published on 18 March 2021, and
will cease to apply on 31 December 2021 (19 March 2021). More...
Queensland
State Infrastructure Strategy Announcement
A new State Infrastructure Strategy will be
released in conjunction with seven regional infrastructure plans in
aid of supporting our post COVID-19 economic recovery. This follows
the recent announcement of the formation of a Growth Areas Delivery Team to address land
supply issues in SEQ.
To find out more about the strategy, please click here. You're invited to have your say and
help shape the State Infrastructure Strategy. You can share
your views via the survey. Consultation closes on 31
May 2021.
Extension of COVID Bill
State Parliament has moved to extend the timeframe for
several measures introduced to allow Government to respond to the
impacts of COVID-19 through the COVID-19 Emergency Response and Other Legislation
Amendment Bill 2021.
Among other changes, this includes extending the timeframe for the
expiry of the dispute resolution provisions within the Retail Shop
Leases and Other Commercial Leases (COVID-19 Emergency Response)
Regulation, from 30 April to 30 September, 2021. This timeframe had
previously been extended from its initial expiry of December
2020.
Title Registry Alert Issue No 179: Titles Registry
searches and notices
On the 22 March 2021, the Titles Registry introduced a new
look for searches and notices. It should be noted that the old
format searches may still be produced by some providers and are
acceptable. To find out more about these changes please
click here.
Have your say: Gold Coast City Plan amendments
The City of Gold Coast has opened consultation for a
fourth round of amendments to the City Plan. Feedback on the
amendments will close on April 8 2021. To provide feedback, please
click here.
COVID emergency measures extend to 30 April
2021
The recently re-elected Queensland Government has
introduced a Bill to extend the operation of COVID emergency
measures until 30 April 2021. More...
EDQ Amendments
Urgent amendments to Queensland's planning
legislation were passed in March 2020 by Queensland
Parliament to address concerns raised by a range of stakeholders,
including local government and industry, in response to the
COVID-19. The changes included: Declaring COVID-19 as an applicable
event under the Planning Act 2016 on 19 March 2020 - extended to 30 April 2021.
Safer Buildings program enters final stage
The QBCC is administering the three-part Safer Buildings
program to understand the extent of combustible cladding use in
Queensland's private buildings. The Safer Buildings program has
advanced considerably with Part 3 of the combustible cladding
checklist now underway. The deadline for building owners to
finalise the Part 3 assessment is 3 May 2021. More...
Build-to-Rent update - approved
projects
The Queensland Government has approved two Brisbane-based
affordable housing projects by developers following a Request for
Detailed Proposals from shortlisted applicants from the Expression
of Interest Phase of the Pilot Project. It is anticipated
construction will commence mid-2021 following the finalisation of
designs for the projects, with operations expected to commence in
2023. More...
Current processes: Expanded the Pilot
Project 2021
Two new tender processes:
Expressions of Interest are being sought from proponents capable of
delivering a Build-to-Rent development with an affordable housing
component on the State-owned site of the former Childrens Court, 50
Quay Street. Further information regarding this process is located
on the QTender website. Submissions close 9 April
2021.
Expressions of Interest are also being sought from proponents
capable of delivering a Build-to-Rent development with an
affordable housing component on a privately-owned inner Brisbane
site. Further information regarding this process can be found on
the QTender website. Submissions close 7 May
2021.
Consultations
Report on Post Implementation Review of Strong and
Sustainable Resource Communities Act
Open to 30 April 2021 - Department of State Development,
Manufacturing, Infrastructure and Planning
Have your say on the consultation report for the Post
Implementation Review of the Strong and Sustainable Resource
Communities Act 2017.
Inland Rail - Border to Gowrie project - draft environmental impact statement Closes 19 April 2021
Cases
Victoria
Bensons Property Group Pty Ltd v Key
Infrastructure Australia Pty Ltd [2021]
VSCA 69
CONTRACT - development management agreement - consultant to obtain
planning permit by certain date - prevention principle - whether
letter sent by applicant deprived respondent of substantial chance
of obtaining permit by deadline - whether applicant breached
implied duty of cooperation by sending letter - whether letter
caused respondent loss and damage.
Ross v Fitzroy-Ezzy (Building and
Property ) [2021] VCAT
275
Water Act 1989. Claims by two adjoining unit owners against above
unit owners and the Owners Corporation in respect of damaging water
leaks into the applicants' units. Claims against one of the
above unit owners, the third named respondent, settled. Order that
the remaining above unit owner, the first respondent, carry out
specified balcony rectification works to prevent the unreasonable
flow of water into the applicants' units below. The first
respondent and the Owners Corporation to each bear 50 per cent of
the cost of such works. Applicants also entitled to damages in
respect of the water damage to each of their units. The first
respondent and the Owners Corporation each ordered to pay 50 per
cent of such damages. 'Causation' under the Water Act 1989
founded on the duty of the first respondent and the OC to take
timely remedial action, and their omission to do so. The sum of
damages payable to each applicant limited to the damages incurred
after such duty arose, that is after the respondents had become
aware of the existence and impact of the water leaks.
Giswick Pty Ltd V Ajaimi (Building and
Property) [2021] VCAT
267
Retail Leases Act 2003 ss 52, 54 and 57(1)(b); Limitation of
Actions Act 1958 s 5; Australian Consumer Law (Victoria) s 18;
Clauses 6.1, 6.4 and 8.1 of the Lease; breach of covenant of quiet
possession; failure by Respondent to repair leased premises;
interference with Applicant's conduct of business; false and
misleading representation by conduct; persistent disruption and
damage caused to Applicant's newsagency business by persistent
water and sewage ingresses to leased premises; Applicant entitled
to compensation and damages by way of abatement of rent and
outgoings, direct and consequential loss of profits and direct
costs.
The Respondent must pay the Applicant $399,405.68, inclusive of
interest, on the Applicant's claims.
Global Fashion Service Pty Ltd v ESR
Investment Nominees 3 (Australia) Pty Ltd (Building and
Property) [2021] VCAT
224
LANDLORD AND TENANT - COVID-19 Omnibus (Emergency Measures)
(Commercial Leases and Licences) Regulations 2020 (the
Regulations); whether tenant entered into an for rent
relief agreement pursuant to reg 10(6) of the Regulations; whether
landlord entitled to re-enter the demised premises after request
for rent relief made. INJUNCTION - whether interlocutory injunction
should be granted; whether questions over the terms of a rent
relief agreement have been complied with raise a serious question
to be tried; whether alleged acquiescence on the part of a landlord
prevents a landlord from subsequently purporting to exercise its
rights under a lease.
Razzy Australia Pty Ltd & Anor v
Commissioner of State Revenue [2021] VSC
124
DUTIES ACT - chapter 3 - duty on acquisition of 'significant
interest' in landholder - transfer of dutiable property from
one complying superannuation fund to another - redemption of units
in a unit trust - application of exemption in s 89D(a)
incorporating s 40(1) - duty payable after aggregation of exempt
and non-exempt acquisitions - meaning of 'transfer' and
'in connection with' in s 40(1) - Commissioner of
State Revenue v STIC (Australia) Pty Ltd [2010] VSC 608
- Collector of Customs v Cliffs Robe River Iron
Associates [1985] FCA 96; (1985) 7 FCR 271
- Western Australia v Ward (2012) 213 CLR 1
- Travelex Ltd v Federal Commissioner of
Taxation [2010] HCA 33; (2010) 241 CLR 510 cited - Duties
Act 2000 (Vic) ss 7, 8, 40(1), 77-78, 80, 89D(a).
Queensland
HSBC Bank Australia Ltd v Wang &
Ors [2021] QSC 58
REAL PROPERTY - TORRENS TITLE - CAVEATS AGAINST DEALINGS - REMOVAL
- PARTICULAR CASES - where the first respondents purchased a
property on Hope Island (the property) for an
amount which was financed by a loan facility provided by the
applicant and secured by a first registered mortgage over the
property - where the first respondents fell into arrears on the
loan and the applicant obtained default judgment for recovery of
possession of the property - where the applicant contracted to sell
the property to the second respondents - where, prior to settlement
of the contract, the first respondents lodged a caveat claiming an
equitable interest in the property on the ground that the applicant
had failed to act in good faith in exercising its power of sale as
mortgagee - where the marketing of the Property was made more
difficult by government restrictions imposed during the COVID-19
pandemic and economic uncertainty - where the first respondents
contend that the applicant sold the property too rapidly and at a
significant undervalue - where the first respondents contend that
the applicant should have waited for conditions to improve and
continued to market the property - whether the claim that the
applicant breached its duty to act in good faith in exercising the
power of sale constitutes a serious question to be tried - whether
the balance of convenience favours the removal of the caveat
Land Title Act 1994 Qld s 122(1)(c), s 127
Hawke v Brisbane City
Council [2021] QPEC
16
PLANNING AND ENVIRONMENT - APPEAL AGAINST REFUSAL OF CODE
ASSESSABLE DEVELOPMENT APPLICATION - where proposed development
involved demolition of a pre-1947 house - where central issue was
whether the subject house contributed to the traditional building
character of that part of the street within the Traditional
building character overlay. Planning Act 2016 Qld s 45, 60;
Planning and Environment Court Act 2016 Qld s 43
Guernier & Anor v Chelsea on the
Park Pty Ltd [2021] QLC
13
ENERGY AND RESOURCES - MINERALS - MINING FOR MINERALS -
COMPENSATION - where the applicant owned a mining lease situated on
the land of the respondent - whether and, if so, what compensation
was payable under s 281(3) of the Mineral Resources Act 1989
Mineral and Energy Resources (Common Provisions) Act 2014 Qld s
91
Mineral Resources Act 1989 Qld s 281
Cases to 22 March 2021
Washington v
Skelton [2021] QLC 11
ENERGY AND RESOURCES - MINERALS - MINING FOR MINERALS -
COMPENSATION - where the applicant owned a mining lease situated on
the land of the respondent - whether and, if so, what compensation
was payable under s 85 of the Mineral Resources Act 1989
Apex Outdoor Pty Ltd v Cross River Rail
Delivery Authority (No 2) [2021] QLC
10
PROCEDURE - CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS - COSTS
- where the Court refused an application that would prevent the
respondent from calling evidence from a nominated expert - where
the respondent sought costs under s 27A of the Land Court Act 2000
on grounds that it successfully resisted the application - where
the applicant submitted that costs are governed by s 27 of the
Acquisition of Land Act 1967 - where the Court held that s27 of the
ALA provides an additional constraint on its discretion to award
costs - where the Court held that costs should be reserved pending
final determination of the claim. Acquisition of Land Act 1967 Qld
s 27, s 27(1), s 27(2); Land Court Act 2000 Qld s 27A
Highgate Partners Qld Pty Ltd v
Sunshine Coast Regional Council [2021]
QPEC 15
PLANNING AND ENVIRONMENT - APPLICATION - where the applicant was
successful in obtaining a development approval granted by order of
this Court on 17 October 2008, for staged sub-division of land at
Burnside - where that development approval has previously been
changed by order of this Court on three occasions: On 29 April
2011, 24 June 2016 and 13 April 2017, with a result of 53
separately owned subdivided lots and a yet to be sub-divided
balance lot - where the applicant now seeks that the development
approval be changed to facilitate the further staged subdivision of
the balance lot - where the application is considered to be for a
"minor change" within the meaning of s 78A of the
Planning Act 2016 - whether the applicant has satisfied all of the
requirements of s 79 of the Planning Act 2016 - whether s 79(1A) of
the Planning Act 2016 requires the consent of all the owners -
whether the 53 previously subdivided residential lots are
"excluded premises" within the meaning of s 79(1A) and
Schedule 2 of the Planning Act 2016 - whether the application
should be approved upon assessment pursuant to s 81 of the Planning
Act 2016
Acts Interpretation Act 1954 Qld ss 14, 14B; Building Act 1975 Qld
s 65; Integrated Planning Act 1997 Qld ss 3.5.33(3), 4.1.5A;
Planning Act 2016 Qld ss 31, 35, 51, 73, 78, 78A(2), 79, 81, 84,
86, 280, Schedule 2
Planning and Environment Court Act 2016 Qld s 37; Planning Bill
2015 Qld; Sustainable Planning Act 2009 Qld ss 200, 245, 263, 367,
371, 379, 383, 440, 704
The Trust Company Limited v
Valuer-General [2021] QLC
9
STATUTES - ACTS OF PARLIAMENT - INTERPRETATION - GENERAL APPROACHES
TO INTERPRETATION - where parties did not agree about the operation
of s 22 of the Land Valuation Act 2010 - whether it is necessary to
make adjustment to site market value when there is an existing
development approval - where the appellants contended a value must
be assigned to the development approval so that it may be removed -
where the Value-General disagreed with this approach - whether the
Valuer-General's approach includes the development approval as
part of the unencumbered estate in fee simple - where the Court
held that the existing use assumption does not affect the
hypothetical estate in fee simple - where the Court considered it
incongruent with the plain words used in s 22 to exclude the value
of the development approval - where the appellants argued the
Valuer-General's approach wrongly included the value of an
intangible improvement as part of the site value - where the
Valuer-General did not assert this - where extrinsic material
indicates an intention to exclude the added value of a development
approval in valuing a property - where the Court considered added
value must mean a value other than that inherent in the
authorisation of the use - where the Court held that s 22 does not
require the valuers to adjust the value of the subject properties
to remove the value of their development approval
VALUATION OF LAND - METHODS OF VALUATION - GENERALLY - where the
subject properties are used for childcare centres - where the
valuers agreed on the direct comparison method but disagreed about
whether valuation should be on a rate per square metre of land or a
rate per number of approved long day care places - where the Land
Valuation Act 2010 does not prescribe a statutory methodology for
arriving at the expected realisation of the land - where the
appellant contended that their valuation methodology was fitting
for the subject site's highest and best use and was consistent
with industry practice - where the Court found the evidence did not
establish that method as an industry practice - where statutory
valuation must consider that land may be used for any purpose for
which it could be used at the date of valuation - where the method
used by the valuer for the respondent was conventional and better
suited to asses the potentiality of the land
VALUATION OF LAND - METHODS OF VALUATION - COMPARABLE SALES - where
the valuers did not agree upon all the comparable sales for each
appeal - where the valuers did not agree upon how the comparable
sales should be analysed - where the Court rejected the
appellants' valuations because it rejected the methodology used
by their valuer - where the Court considered the appellants'
valuer's evidence about what sales are comparable and how they
should be analysed in assessing the valuations made by the
respondent's valuer, whose methodology the Court did
accept
Acts Interpretation Act 1954 Qld s 14B(1); Land Court Act 2000 Qld
s 7; Land Valuation Act 2010 Qld s 5, s 7, s 16, s 17, s 17(1), s
17(2), s 18, s 19, s 22, s22(2), s 23, s 23(1)(g), s 170(b);
Valuation of Land Act 1944 Qld s 3(2B), s 3(4)
Bond v Chief Executive, Department of
Environment and Science [2021] QPEC
14
ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH ENVIRONMENT
JURISDICTION - QUEENSLAND - PLANNING AND ENVIRONMENT COURT AND ITS
PREDECESSORS - PROCEDURE - where the applicant is subject to an
Environmental Protection Order as a "related person"
under s363AD of the Environmental Protection Act (1994) - where the
order required the applicant to lodge a bank Guarantee of
$5,500,000 to secure compliance and to carry out specific
rehabilitation works - where the operational period of the order
has expired - where the rehabilitation works required by the order
have been carried out pursuant to a Direction Notice issued to the
Department of Natural Resources Mines and Energy
APPLICATION FOR STAY - where the applicant seeks a stay pursuant to
s539B(2) of the Environmental Protection Act (1994) of the
Environmental Protection Order to which he is subject- where the
applicant submits that the stay is necessary to secure the
effectiveness of an appeal to this court in relation to the making
of the Environmental Protection Order - where a stay has been
refused on two earlier occasions - whether "significant"
new facts and circumstances have arisen which justify the further
application for a stay being made - whether the interests of
justice warrant a further hearing of the application - whether it
is necessary on the facts to consider competing discretionary
factors - whether the application amounts to an abuse of
process
Environmental Protection Act 1994 Qld ss 535, 539B, 358, 363AD,
363AG
Legislation
Commonwealth
Industrial Chemicals Environmental
Management (Register) Charge (Excise) Bill 2020
HR third reading 18 March 2021 - Part of a package of five bills to
establish a national framework to manage the ongoing use, handling
and disposal of industrial chemicals, the bill imposes an annual
scheduling charge on registered introducers of industrial
chemicals, so far as that charge is a duty of excise.
Queensland
Bills Updated in the last week
Liquor (Artisan Liquor) Amendment Bill
2020
Assent Date: 15/03/2021Act No: 4 of 2021 Commences: By
Proclamation
Waste Reduction and Recycling (Plastic Items)
Amendment Bill 2020
Assent Date: 15/03/2021 Act No: 5 of 2021 Commences: See Act for
details
Acts
No 5 Waste Reduction and Recycling (Plastic Items)
Amendment Act 2021
19/03/2021
Subordinate legislation as made - 19 March 2021
No 18 First Home Owner Grant and Other Home Owner Grants
Regulation 2021
No 19 Land Tax Regulation 2021
No 21 Nature Conservation (Protected Areas Management)
(Communications Facility) Amendment Regulation 2021
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