Unauthorised discharges and inadequate storage prove costly for environmental authority holders

Under the Environmental Protection Act 1994, operators of prescribed activities are required to hold environmental authorities (EA) and substantial penalties apply to a breach of an EA. As demonstrated by the following cases, the Department of Environment and Science (Department) will prosecute non-compliance and EA holders can incur significant financial costs for the failure to […]

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Landowners win appeal against rating categorisation

Local governments in Queensland have a broad discretion to impose rates on land which are a major source of funding for local government. However, landowners have the right to challenge the rating categorisation applied to their land. In BWP Management Limited v Ipswich City Council; W & V Nominees Pty Ltd as Tte for the […]

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Dealing with the sale of contaminated land in Queensland – the importance of giving correct notice

The case of FKP Commercial Developments Pty Ltd v Albion Mill FCP Pty & Anor [2017] QSC 322 highlights the importance of ensuring the appropriate notice under section 408 of the Environmental Protection Act 1994 (Qld) (EPA) is given when disposing of land in Queensland which is contaminated. In May 2015, FKP Commercial Developments Pty […]

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Solar farm prevails over good quality agricultural land

In Mirani Solar Farm Pty Ltd v Mackay Regional Council & Anor [2018] QPEC 38, the Planning and Environment Court was required to determine whether a large scale solar farm development should be approved on land comprising Good Quality Agricultural Land (GQAL). The proposed solar farm was intended to be for a ‘limited’ period of […]

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Company fined for unlawful clearing of marine plants

In the course of carrying out works on private land fronting the Maroochy River on the Sunshine Coast, a company deposited waste building material and fill over an area of low lying land on the property and an adjacent wetland area. Following a complaint from the public, the Queensland Boating and Fisheries Patrol (QBFP) commenced […]

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Application for summary judgment dismissed by Planning and Environment Court

The Planning and Environment Court has refused an application for a summary judgment in relation to an originating application made by the Council of the City of Gold Coast seeking declarations and consequential orders in respect of non-compliance with conditions of a development approval for a motor vehicle repair station over premises located in Ormeau. […]

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Brisbane’s Future Blueprint

Brisbane is one of the fastest growing cities in Australia and Brisbane City Council has released Brisbane’s Future Blueprint to guide the Council’s actions in shaping the future of Brisbane. While intended to improve planning and development outcomes for the city, the Blueprint presents a number of risks and challenges and has the potential to […]

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Changes to a 15 level multi-unit residential development are not a minor change

The Planning and Environment Court has refused an appeal against the decision of Brisbane City Council to refuse a change application for a minor change to a development approval on the basis that the change would result in ‘substantially different development’. The decision provides useful guidance on the consideration of whether proposed changes are a […]

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Temporary Local Planning Instrument proposed for Gold Coast

The City of Gold Coast is seeking to adopt a new Temporary Local Planning Instrument (TLPI) to better manage flood hazards in the City.  If approved, the TLPI will have retrospective effect for 2 years from 8 December 2017. Implications The TLPI will impact on all premises located within the Council’s Flood Overlay which include […]

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Council water charges found to be unlawful

The Supreme Court has held that water service charges issued by Mount Isa Council are unlawful due to non-compliance with the Local Government Act 2009.  This decision has important implications for Local Government and land owners in relation to the methodology and calculation of utility charges. Implications       A utility charge is a type of rate and charge […]

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Court orders Noosa Council to amend Infrastructure Charges Notice

In an appeal against the lawfulness of an infrastructure charges notice (ICN) issued by Noosa Council, the appellant has failed to show that the ICN was unreasonable but has been successful on the limited ground that the Council had failed to properly take into account the existing lawful use of the premises in calculating the […]

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Prosecution for unlawful access to Marine Park

The Queensland Parks and Wildlife Service has successfully prosecuted a person who drove their vehicle onto a designated pedestrian-only beach in the Great Barrier Reef Coast Marine Park contrary to regulatory notices.  The person was fined and ordered to pay legal and investigation costs by the Magistrates Court for the offence. Implications It is an […]

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