Managing infrastructure charges and currency periods

Gadens understands the immediate and multi-faceted pressures placed on companies dealing with the fall out of the COVID-19 pandemic.  In these troubling circumstances, Gadens are sharing, across a variety of practice areas, some of our thoughts on practical measures which can be taken to relieve some of the pressure.  Our Planning and Environment Team has […]

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The importance of owner’s consent

Where the applicant for a development application is not the owner of the land to which the application applies, the application is required to be supported by the written consent of the owner of the land to the application applies in a range of circumstances. The need for, and consequences of, not providing owner’s consent […]

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Changing development approvals – don’t take the Court’s discretion for granted

The lack of unit sales associated with a development to be constructed in accordance with a development permit for 20 multiple dwelling units and a shopping complex (Development Approval), forced a Sunshine Coast developer to reconsider its options for the delivery of its project. To address financing and project delivery issues, the developer sought to amend […]

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New koala protections for South East Queensland

Koala populations have been in long-term decline in South East Queensland with estimates that koala numbers have decreased by 50-80 percent in key habitat areas over the last 20 years. To address this situation, the Queensland Government released the draft Koala Conservation Strategy (KCS) in December 2019 and has followed this up with a range […]

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Council pays the price for taking enforcement action against the wrong party

Background Gold Coast City Council (Council) issued an enforcement notice to the owner of a lot in a community title scheme (CTS).  The lot adjoins a buffer area, which is common property of the CTS (the Buffer Area), and borders Saltwater Creek in Helensvale.  Pursuant to the community management statement for the CTS, the lot […]

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You’re Out of Time … Start Again

In Supreme Renovators Pty Ltd v Logan City Council [2019] QPEC 63 the applicant attempted to convince the Planning and Environment Court (Court) that there were “sufficient grounds” to extend the timeframe for filing an appeal out of time.  The applicant missed its appeal period by approximately two months and one week. The applicant sought two […]

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Clarification of Exemptions for Vegetation Clearing for Bushfire Management Activities

The previous arrangement surrounding clearing vegetation for bushfire management activities was confusing.  The Planning (Spit Master Plan and Other Matters) Amendment Regulation 2019 (Qld) which commenced on 6 December 2019, is an attempt to clear up some of this confusion as to the exemptions for vegetation clearing for bushfire management activities.   The amendment A new […]

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Ban on High-Rise Development at The Spit

The Spit Master Plan in 2019 was adopted by the Queensland Government in 2019 after an extensive 18 month planning and consultation period, which attracted more than 23,000 pieces of feedback.[1] The Spit Master Plan is a non-statutory document until introduced into the Gold Coast City Plan 2016, a process likely to take some time.  […]

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New development controls to protect koalas in South East Queensland

The koala is an Australian icon and was once commonly found in South East Queensland.  However, as Brisbane and its surrounding communities have grown and expanded, koala populations have dramatically declined as a result of habitat loss and associated impacts from urbanisation.  According to government figures, over the last twenty years, koala populations have decreased […]

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Successful compliance and enforcement actions

Compliance and enforcement is a cornerstone of the implementation of the laws and policies administered by government departments and authorities. Effective compliance and enforcement is important to promote voluntary compliance and deter and penalise non-compliance. Compliance and enforcement activities are particularly important where non-compliance can have serious impacts on third parties and the public interest, […]

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Developing Resilient Future Cities

The 2019 Asia Pacific Cities Summit (APCS) and Mayors’ Forum provided a platform for connection and conversations on cities’ innovation, mobility, liveability and sustainability. A powerful contingent of some 1480+ delegates, spanning 140 cities, close to 90 Mayors and Deputy Mayors, and entrepreneurs came together to solve complex problems to develop resilient future cities. What does this […]

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Businesses pay high price for environmental non-compliance

In Queensland, businesses that fail to comply with environmental obligations under the Environmental Protection Act 1994 (EP Act) risk enforcement and prosecution action by the Department of Environment and Science (Department), including the imposition of significant fines and recording of convictions, as illustrated by the following cases.   Waste Transfer Business A company operating a waste transfer […]

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