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.
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.
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)
On 20 October 2016 the Queensland Government released the draft South East Queensland Regional Plan entitled 'ShapingSEQ'. Click here to view the draft plan.