Noosa Shire Council enforcement notices for unlawful vegetation clearing held to be defective

In April 2019, Noosa Shire Council issued multiple enforcement notices to the joint owners of a large rural parcel alleging unlawful vegetation clearing being a development offence under the Planning Act 2016 (Qld) (PA). All of the recipients appealed against the enforcement notices to the Planning and Environment Court which in Serratore & Anor v […]

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Councillor roles in development matters

The conduct of councillors in development matters and their dealings with developers and submitters is often controversial and can pose corruption and misconduct risks. To assist councillors and others manage this engagement, the Office of the Independent Assessor (OIA) has released guidance. The OIA is an independent statutory body responsible for assessing, investigating and prosecuting […]

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Coastal Adaption Planning

Like other coastal councils in Queensland, the City of Gold Coast is focused on managing coastal adaption. To this end, Council’s Coast Adaption Plan (CAP) is the latest step from Council and is intended to guide future investigations and actions. Background The City of Gold Coast is one of Australia’s most iconic coastal cities with […]

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Countering Victoria’s Land Tax Grab

Amidst the outcry over the Victorian Government’s recently announced increases in land tax rates, it is more important than ever for landowners to consider potential strategies for containing their land tax cost. Indeed the latest announcement is just a further symptom of the Government over-reliance on land tax, which is also impacting landlords in a […]

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The new General Environmental Duty – What does this mean for directors?

Victoria’s approach to environmental protection and human health is changing soon. Coming into effect from 1 July 2021, the General Environmental Duty (GED) will be the cornerstone of the new Environment Protection Amendment Act 2018 (Vic) (EPA Act). The new GED will require all Victorian businesses and individuals to take proactive steps to prevent and […]

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Amendment VC194: Fast track of state and local infrastructure projects

Amendment VC194 (Amendment) was gazetted by the Minister for Planning earlier this week. The Amendment inserts two new particular provisions at clauses 52.30 (State projects) and 52.31 (Local government projects) into the VIC Planning Provisions and all local planning schemes. Fast track of state and local infrastructure projects   The new particular provisions provide planning permit […]

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If it walks like a duck… Telstra’s new payphones and what they mean for the streetscape

If it walks and quacks like a duck, it’s probably a duck… This is what the Full Court of the Federal Court decided in considering whether or not Telstra’s new payphone cabinets, which feature large digital billboards, constituted ‘low-impact facilities’ (which would be exempt from State and Territory planning laws).[1] Importance of decision The decision […]

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Doing Business in Australia

The revised 2020 edition of Gadens’ Doing Business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, and practical advice on how to go about setting up and doing business in Australia. The Australian Government welcomes foreign investment. With well-developed infrastructure, a stable political environment, a robust, […]

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What’s that ‘new’ levy on my title?

You may not be aware, but there may be a ‘new’ levy on your title! On 1 July 2020, the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 (Vic) (MSA Act) came into effect. It imposes an obligation to pay a levy prior to certain works being undertaken in specified areas of Melbourne’s growth corridors […]

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Developer loses appeal against refusal for overdevelopment of land for retirement village

In GTH Resorts No 5 Pty Ltd v Gold Coast City Council [2020] QPEC 2020, the Planning and Environment Court was required to determine whether a proposed retirement village was an overdevelopment of the land and, if so, were there relevant grounds to justify approval despite the overdevelopment. The land the subject of the proposed […]

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Landowners win against council in rating categorisation dispute

In a major win for the owners of two Bunnings warehouses in Ipswich, the Court of Appeal has held that the Ipswich City Council wrongly categorised their properties for rating purposes. The decision highlights the financial impact, as well as the difficulties, that can arise in applying differential rating categories to land. The long running […]

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What weight should be given to a draft Planning Scheme or Planning Scheme Amendment?

A proposed amendment to a planning scheme may have drastic consequences for the development potential of land, particularly where land is proposed to be ‘down zoned’ or a more restrictive overlay constraint is proposed. There are a number of key issues which need careful consideration in terms of appropriately timing development in light of a […]

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