Articles

Over the last 10 years we have witnessed major changes to the law in the local government, environment and development areas. Legislative examples include the Local Government Act 1993, the Environmental Protection Act 1994, the Coastal Protection & Management Act 1995, Integrated Planning Act 1997, the Water Act 2000, and the Vegetation Management Act 2000 to name but a few.

On this site we share with you articles on changes in the law (either legislative or case law). New articles are added every month.

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• Environment and Planning article August 2008: Queensland Built Heritage Legislation

  Over the last 15 years there has been an increasing recognition of the importance of preserving Queensland’s built heritage. As a result both State and local governments have adopted legislative requirements dealing with the preservation of Queensland’s built heritage. These legislative requirements are now an integral part of the development assessment process and consequently impact on the use rights attached to land.

  1 Aug 08 Ian Walker

• Environment and Planning article July 2008: Examining the “diabolical” policy problem

  The Garnaut Climate Change Review draft report has suggested that climate change is a diabolical policy problem – “it is harder than any other issue of high importance that has come before our polity in living memory”.

  11 Jul 08 Elisa de Wit

• Environment and Planning article June 2008: “Let Icons be Icons” - Making a Statement… But at what cost?

  When the Local Government amalgamations were first proposed in 2007, concerns arose about the impacts the amalgamations would have on iconic places, such as Noosa and Douglas Shires.

  2 Jun 08 Lorrae Hendry and Kate Cook

• Environment and Planning article May 2008: Changed Again: How well do you understand IDAS Referrals? “Coastal Management Referrals”

  What I will be speaking about this evening is the topic of coastal management referrals. Like all other referrals the coastal management referrals are found in Schedule 2 of the Integrated Planning Regulation 1998.

  15 May 08 Michael Leong

• Environment and Planning article April 2008: Land Tax in Queensland – The Ongoing Saga

  The Valuation of Land Amendment Act 2008 (the 2008 Amendment) received assent on 17 March 2008. The 2008 Amendment has a profound impact on the valuations that are currently being issued, ongoing valuations and in many situations will impact on past valuations. Significant parts of the 2008 Amendment are retrospective.

  11 Apr 08 Cameron Cooling

• Environment and Planning article March 2008: Additional EPA approval now required for clearing least concern native vegetation

  Just when you thought the vegetation approvals system in Queensland could not get any more complicated! The EPA has expanded its role and now generally requires clearing of all plants indigenous to Australia to be carried out under a clearing permit under the Nature Conservation Act 1992 (NC Act), regardless of whether a development approval for the clearing is in place under the Integrated Planning Act 1997 (IPA).

  3 Mar 08 Melanie Simmonds

• Environment and Planning article February 2008: Are the Pieces Falling Into Place? - Local Government Boundary Changes and Mergers

  This note discusses the structural reforms which Queensland Local Governments undertook in early 2008. The purpose of this note is to emphasise the importance of certain Regulations which provide for: the transition of 115 existing local governments on the changeover date, namely 15 March 2008; and the transition of adjusted local government areas on the changeover date.

  1 Feb 08 Michael Walton , Kate Cook

• Environment and Planning article January 2008: Infrastructure Planning and Charging at the Local Government Level

  Chapter 5, Parts 1 and 2 of the Integrated Planning Act 1997 that deal with Infrastructure Planning and Funding and Infrastructure Agreements respectively. This paper examines the tools available in Qld for infastructure planning and funding from a local government perspective.

  1 Jan 08 Wendy Evans

• Environment and Planning article December 2007

  In the recent case of Walker v Minister for Planning [2007] NSWLEC 741 a successful challenge was brought to the validity of a concept plan approved by the Minister for Planning under the Environmental Planning and Assessment Act 1979 (Act). The concept plan was for a residential subdivision and a retirement development on approximately 25 hectares at Sandon Point. Central to this case was the consideration of ‘climate change’ and its relevance to the decision by the Minister in approving a concept plan.

  12 Dec 07 Elisa de Wit, Jacinta Studdert

• Environment and Planning article November 2007: Queensland Heritage and Other Legislation Amendment Act 2007

  The Queensland Heritage and Other Legislation Amendment Act 2007 (the Act) was assented to on 25 October 2007 and it is likely to take effect at the end of March 2008 following the placement of the necessary administrative arrangements.

  27 Nov 07 Ian Walker