29th August 2012
By Ben Fuller
The regulator’s power to manage contaminated land in most Australian states is generally divided into investigation, remediation and ongoing maintenance powers. While a landowner typically focuses its spotlight on the risk of liability to remediate contamination, the cost and reputational risk issues arising from contamination investigation may also be material.
15th August 2012
By Ben Fuller
The appetite of State Governments in Australia to change the regulatory regime controlling the development of wind farms is well known to the wind industry sector. For example, in 2011 the Victorian Government introduced broad and more stringent controls for wind farm facilities. In 2012 the NSW Government is considering adopting similarly stringent controls in the as yet to be finalised ‘NSW Planning Guidelines: Wind Farms’.
16th November 2010
By Henrietta Watts-Russell, Kate Meikle, Emanuel Confos, Steven Choi, Stuart Brady
On 12 November 2010 in the decision of Parsons Brinckerhoff Australia Pty Limited v Downer EDI Works Pty Limited (Parsons v Downer) his Honour Justice Hammerschlag of the Supreme Court of New South Wales emphasised the dangers to any party to a construction contract in not specifying in the contract its “ordinary place of business” and not maintaining effective structures to ensure payment claims are properly dealt with.
20th September 2010
By Amanda Hempel, Emanuel Confos
Click here for a link to our broadcast with Emanuel Confos, Partner providing an in-depth overview of the Energy Efficiency Disclosure Act 2010 and examines the new disclosure requirements for owners, landlords and tenants in relation to the energy efficiency of certain commercial buildings.
11th August 2010
By Ben Fuller
The NSW Department of Planning (DoP) has recently released the draft State Environmental Planning Policy (Competition) 2010 (Draft Competition SEPP). The stated aims of the Draft Competition SEPP are to promote economic growth and competition and to remove anti-competitive barriers in environmental planning and assessment to commercial development. “Commercial development” means any development for the purposes of retail, business or office premises or any combination of these uses.
16th July 2010
The recent case of Fabcot Pty Ltd v Port Macquarie-Hastings Council [2010] NSWSC 726 (Fabcot) dealt with the question of whether, during a tender process, a customer can open negotiations with an alternative supplier (that is, not the down-selected supplier) even if no exclusivity arrangement is in place. This case provides a useful reminder of the importance of drafting clear provisions in a tender.
1st September 2009
By Amanda Hempel, Emanuel Confos
A copy of the article ‘Mandatory Disclosure of Commercial Building Energy Efficiency’ written by Gilbert + Tobin Partners Amanda Hempel and Emanuel Confos and Special Counsel Noni Shannon.
5th May 2009
The Commonwealth Government has announced significant changes to the Carbon Pollution Reduction Scheme (CPRS) including a higher reduction target and a delay in its introduction.
10th March 2009
By Diane Skapinker, Amanda Hempel
After the issue of our recent newsletter `When Every Dollar Counts – Market Rent Reviews for Leases in Changing Times` (Gilbert + Tobin – January 2009) we have been contacted by several clients asking about the consequences of a landlord or tenant not performing their respective obligations under a commercial lease for a variety of reasons.
27th February 2009
By Amanda Hempel, Diane Skapinker
From 27 February 2009 all section 149 planning certificates issued by councils are required to stipulate whether or not `complying development` can be carried out on the land. This amendment arises out of the Environmental Planning and Assessment Amendment (Complying Development) Regulation 2009 which inserts a new clause 3 into Schedule 4 of the Environmental Planning and Assessment Regulation 2000 requiring the following information to be specified in a section 149(2) certificate
28th January 2009
By Amanda Hempel, Diane Skapinker, Emanuel Confos
If we listen to politicians, market analysts, the media, and even `the man on the street`, it would seem that we are experiencing the most challenging financial conditions since the Great Depression. Whether we are at the beginning or the middle of those conditions is yet to be seen, but what we do know is that we are not at the end.
19th December 2008
The long anticipated White Paper for the Carbon Pollution Reduction Scheme (CPRS) was released by the Commonwealth Government (Government) on Monday, 15 December 2008 (White Paper). The White Paper outlines and provides detail on: – the final design of the CPRS; – the medium term carbon reduction target range; and – a number of supporting policies, initiatives and programs. These details establish more certainty in relation to the Government`s emission reduction strategy and signify the first concrete steps to the reality of a carbon constrained Australia.
21st November 2008
By Amanda Hempel, Emanuel Confos
With the impending commencement of the Carbon Pollution Reduction Scheme (CPRS) and the new look National Renewable Energy Target Scheme (NRET), the Commonwealth Government has recognised that there will be greater emphasis on renewable energy projects in Australia, in particular wind farms. As a result of increased investment and development opportunities there will be a corresponding need to improve guidance and certainty in respect of the development, assessment and operation of wind farms. This is particularly important for key stakeholders in any wind farm proposal being developers, investors, financiers, local government and the community.
20th November 2008
The NSW Court of Appeal (CA) has overturned a key Land and Environment Court (LEC) climate change decision, but the Victorian Civil and Administrative Tribunal (VCAT) has strengthened climate change requirements on councils when considering development applications. What does all this mean for climate change considerations for development applications?
18th July 2008
By Luke Woodward, Amanda Hempel
Unless businesses and individuals over time bear the responsibility for their consumption and production decisions, the level of carbon pollution will remain at unsustainable levels. Emissions trading schemes are designed to redress this market failure. Emissions trading schemes are simply a mechanism to achieve an objective… Australia has a strong interest in promoting broad-based, market responses to climate change because these allow abatement to happen where and when it is most cost effective.[1]
15th July 2008
By Luke Woodward, Amanda Hempel
Australia would be hurt more than other developed countries by unmitigated climate change, and we therefore have an interest in encouraging the strongest feasible global effort. We are running out of time for effective global action, and it is important that we play our full part in nurturing the remaining chance.
24th June 2008
By Diane Skapinker, Amanda Hempel
The Liquor Act 2007 (NSW) (2007 Act) which comes into force on 1 July 2008 will bring about a number of changes to liquor licensing in New South Wales. The Casino, Liquor and Gaming Control Authority (CLCGA), which will determine applications under the Act, has yet to be set up and the guidelines for the administration of the Act have also yet to be published. The CLCGA will replace the Licensing Court and the Liquor Administration Board.
5th June 2008
By Diane Skapinker, Amanda Hempel, Hanh Chau
On 22 May 2008, the High Court in Commissioner of Taxation v Reliance Carpet Co Pty Limited confirmed that GST is payable on a deposit forfeited when a contract for the sale of land is terminated by a vendor. This case has a number of legal and commercial implications for parties entering into land and non-land related transactions that involve deposits.
19th May 2008
By Diane Skapinker, Amanda Hempel, Hanh Chau
As part of the Federal Budget on 13 May 2008, one unexpected proposal announced by the Government concerns amendments to the `margin scheme` provisions in the GST Act.
7th May 2008
The recently released planning reforms proposed by the Department of Planning in the Environmental Planning & Assessment Bill 2008 will change the face of development assessment and plan making in New South Wales.
21st April 2008
By Diane Skapinker, Amanda Hempel, Hanh Chau
The decision in Brady King Pty Ltd v Commissioner of Taxation [2008] FCA 1981 (Brady King) has forced a re-thinking of the availability of the `margin scheme` on the sale of `stratum` units (or `strata` units as they are known in NSW) created upon the registration of a strata plan of an office building or the sale of other interests in land created by other forms of land subdivisions.
25th March 2008
The difficulty, or virtual inability, to obtain costs orders in their favour in merits appeals to the Land and Environment Court has long frustrated many a successful party in class 1 or 2 proceedings. However the Court of Appeal has weighed in on the issue with two recent decisions signalling a change in the prospects for successful applicants.
6th March 2008
The NSW Department of Environment and Climate Change (DECC) recently released the Contaminated Land Management Amendment Bill 2007 (Draft Bill) for public comment. The principal purpose of the Draft Bill is to amend the Contaminated Lands Management Act 1997 (NSW) (Act) to ensure that its policy objectives remain appropriate and current. The Draft Bill was released after a long public consultation process including forums, workshops and the publication of an issues paper in 2003.
6th February 2008
‘Climate Change presents a risk to the survival of the human race and other species. Consequently, it’s a deadly serious issue.’ Justice Biscoe
1st February 2008
By Diane Skapinker, Amanda Hempel, Hanh Chau
(All `chapter`, `part` and `section` references below are to the Duties Act 1997 (NSW) (Act), unless otherwise stated, and references to property or land is to property or land in NSW.)
