Planning and Environment (161)

The new Planning Act 2016 will take effect this coming Monday, 3 July 2017 and along with the Planning and Environment Court Act 2016 and the Planning Regulation 2017 will replace the Sustainable Planning Act 2009 as the legislation governing planning and development in Queensland. 

The Environment Protection Bill 2017 (Bill), introduced into Parliament last week, aims to create a modern EPA focussed on protecting Victorians and Victoria's environment from the impacts of pollution and waste. This will in part be achieved by bringing the review of health issues clearly within the EPA's competencies.

The Victorian Civil and Administrative Tribunal recently granted a planning permit for the development of a 32 storey, 100 metre high hotel at 274-278 Little Lonsdale Street, Melbourne.

Almost nine months after its completion in July 2016, the Report of the Major Hazard Facilities Advisory Committee (Committee) was released in March 2017. The Committee reviewed Victoria's land use planning framework for areas surrounding Major Hazard Facilities (MHFs), and has made recommendations intended to better protect MHFs from encroachment by more sensitive uses such as residential development. Some examples of registered MHFs include oil refineries, LPG facilities, large fuel and chemical storage sites, and chemical plants.

State wide changes to the Bushfire Management Overlay (BMO) mapping and the State Planning Policy Framework - Bushfire are proposed to be introduced via a Ministerial amendment.

When land is reserved for a public purpose due to the making or an amendment of a planning scheme, the owner of the land is entitled to seek compensation for injurious affection. This is because the value of the land reserved under a planning scheme may be affected by the existence of the reservation.  In a decision handed down on 8 February 2017, the High Court concluded that compensation is only available to the owner at the time of the reservation, setting aside the WA Court of Appeal decision in Southregal Pty Ltd v Western Australian Planning Commission.

The Victorian Government recently introduced the Climate Change Bill 2016 (Bill) into Parliament following an independent review of the current Climate Change Act 2010 (Act).

With licensees in Queensland reportedly feeling the financial effect of the Queensland Government's enhanced "lockout laws", it is timely to remind those with a financial interest in a licensed venue of their rights in the event that the licensee experiences financial difficulties or declares bankruptcy.

On 20 October 2016 we advised that the Victorian Government had introduced amendments to the Victorian Parliament that would fundamentally alter the operation of the Growth Areas Infrastructure Contribution (GAIC) regime. (Click here to read article)

Revised planning and subdivision fees took effect on 13 October 2016.

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