Shared Knowledge

We regularly distribute updates to our clients and contacts on specialised areas of law.

Please contact us if you wish to be added to the distribution list for these newsletters. The information is accurate at the time of writing but the law may have changed. You should treat this information as general advice only and seek specific advice for your particular circumstances.

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Native Title Newsletter – Key Considerations for Native Title Holders In Negotiating Land Use Agreements for Renewable Energy Projects.

This edition of our Native Title Newsletter covers a number of topical native title issues. The inquiry into the Futures Acts regime; the streamlining of Native Title Regulations; helping to build sustainable PBCs; and key considerations for native title holders in negotiating land use agreements for renewable energy projects. Plus, we share highlights from Gulf Connect 2024. Stay informed and empowered. Read the 2024 Native Title Newsletter

Our submission highlights that there is no identified “management” of CSG induced subsidence proposed

P & E Laws’ agribusiness and planning team has provided a submission on the proposed amendments to the MERCP Act. Our submission highlights that in terms of arresting potential damage and further potential liability the draft legislative is lacking. It does not address the subsidence impacts on lineal and other infrastructure. Those impacts and the ongoing intermittent and regular subsidence impact on farming land will continue long after the companies responsible for the subsidence have gone. An analysis of the monitoring, the science, and the liability for compensation in relation to CSG subsidence and the draft legislative proposals is provided. Suggested alternative legislative amendments are included.

CSG Activities and Cattle – Compensation for Impacts

This edition of our Landholder Newsletter focuses on the potential for compensation for the impacts of CSG activities on grazing land and stock. It also includes a review on the state of play regarding Mining Lease Objections.

Our submission seeks to prevent changes that threaten food and water security and private assets

P & E Law’s agribusiness and planning teams have provided a submission to the Department of State Development, Infrastructure, Local Government and Planning about the proposed amendments to the Regional Planning Interests Act 2014. The submission has focused on impacts on priority agricultural areas above the Walloon coal measures in the Condamine Alluvium. The examples given relate particularly to that area and are mostly directed to impacts on farms in priority agricultural areas for priority agricultural land uses. Many factors raised in the submission apply to the other areas of State significance including townships, environmental areas and strategic cropping land.

CSG – Deviated Drilling & Subsidence

This edition of our Landholder Newsletter covers CSG Deviated Drilling, CSG related subsidence, and Regional Interests Development Approvals in Priority agricultural areas & Strategic cropping areas.

Temporary Local Planning Instrument template

Is your local council area struggling to provide enough accommodation for its residents? In the interests of the community P&E Law has drawn up a Temporary Local Planning Instrument (TLPI) template that can be adopted by any local government to give IMMEDIATE relief to the housing shortage issue in a local government area. Whilst long term solutions are needed for the housing/rental shortage crisis, the time taken for more housing to be built is lengthy in the current market where there are significant labour and construction material shortages. This TPLI provides various opportunities for immediate housing accommodation. [Oct 2021]

The basics of the land acquisition process

What are your rights to object to land resumed for roads, railways and electrical works? What compensation are you entitled for land acquisitions? This article explains the basics of the land acquisition process. [May 2023]

Barking Dogs – both sides of the fence

The noise impacts from a barking dog can be a real nuisance to a neighbour. But on the other hand, if you are a dog owner, your dog may be wrongly accused of making an unreasonable amount of noise. This article outlines opportunities to resolve these issues. [May 2023]

P & E Law proposed amendment to Noosa Council Local Law No 3 – “Good Neighbourhoods” amendment

Is the short-term letting local law too divisive and can a better balance be achieved by a Good Neighbourhoods local law? As part of our commitment to the local community we drafted a proposed amendment to Noosa Council’s Local Law 3 to promote good behaviour in the community. The council in its 12-month review of the short-term letting local law is now considering a Good Neighbour Policy. [April 2023]

New Requirements for Directors Regarding Director Identification Number

The Federal Government recently passed new laws1 requiring any person who is a director of a corporation, including those corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act Corporations), to get an individual “Director Identification Number” (DIN)2. For CATSI Act Corporations3, depending on when a person is appointed as a director (including being appointed as an alternate director) will determine when that person must obtain their DIN4. How to get a DIN: There are three (3) ways to obtain a DIN: Apply online by setting up a “myGovID” profile (different to a “MyGov” profile for Centrelink purposes) at www.mygovid.gov.au; Apply over the phone by calling 13 62 50 and answering some proof-of-identity questions; or Apply…

P&E Law Planning Cheat Sheets – All

Our cheat sheets can provide a quick overview on minor changes, currency of development approvals and conditions. Handy tools if you work in the areas of planning or local government.

P&E Law Cheat Sheet: Minor changes to approvals

This cheat sheet provides a quick overview on Minor changes to approvals – handy if you work in the areas of planning or local government. Click here to download the PDF cheat sheet. [October 2021] The process for making a change application under the Planning Act is set out in sections 77 to 83, which includes the process for ‘minor change’ and ‘other change’ applications. Who is The Responsible Entity For Assessing A Change Application? (Section 78A) The ‘responsible entity’ for assessing a change application is: a) if the change is a minor change to a condition that a referral agency imposes – the referral agency; or b) the Planning and Environment Court if: i. the application is for a minor…

P&E Law Cheat Sheet: Conditions

This cheat sheet provides a quick overview on Conditions – handy if you work in the areas of planning or local government.

P&E Law Cheat Sheet: Currency of Development Approvals

This cheat sheet provides a quick overview on Currency of Development Approval – handy if you work in the areas of planning or local government. Click here to download the PDF cheat sheet. [October 2021] WHEN CAN DEVELOPMENT START? Development under a development approval may start when – any necessary development permits have started to have effect pursuant to s 71 of the Planning Act; any development conditions of the permits that are required to be complied with before development starts have been complied with; and if there is an appeal – when the appeal ends or the tribunal/court makes an order permitting the development to commence. WHAT ARE THE DEFAULT CURRENCY PERIODS? Material change of use – 6 years.…

Native title compensation

Native title compensation has become a popular talking point over the last three years with many of our clients interested in learning more about what to do and consider if lodging a compensation claim. This article provides some guidance and considers two compensation claims that were recently struck out: Saunders on behalf of the Bigambul People v State of Queensland (No 2) [2021] FCA 190 (Bigambul); and Wharton on behalf of the Kooma People v State of Queensland (No 2) [2021] FCA 191 (Kooma). Compensation for acts affecting native title – some background In general terms native title holders can apply to the Federal Court for a determination of compensation for any act that causes an impairment to their native…

Noosa Short-Term Long-Term Accommodation Information Booklet

There has been much public discussion of the impact of the changes in the 2020 Noosa Planning Scheme on Short-Term and Long-Term Accommodation. In this article we review the history around the changes, the definition of Short-Term and Long-Term Accommodation, existing use rights, some considerations around existing approvals, superseded planning scheme applications and the prospects of obtaining an approval for Short-Term accommodation. Click here to download the PDF document. [October 2021] NOOSA — SHORT-TERM AND LONG-TERM ACCOMMODATION History Noosa Plan 2020 commenced on 31 July 2020. The public consultation about the draft Planning Scheme showed a divided community in relation to the allocation of short and long-term accommodation. Noosa Council attempted to address that division by substantially redrafting Planning Scheme provisions…

Latest CSG Industry Snapshot – How has it changed, what does it look like, what is planned?

The latest Underground Water Impact Report (UWIR 2019) was finalised by the Department of Environment and Science and released in November 2019. It provides an important snapshot into the coal seam gas (CSG) industry and the gas companies’ plans for future development. With the recent plummet in oil and gas prices, the figures and planned development for CSG will no doubt change. However the UWIR 2019 still provides useful industry insight. Since 2016, the area of existing and planned CSG production in the Surat cumulative management area (CMA) (which includes the Surat and Bowen Basins) has expanded by about 17%. Currently, there are approximately 6,800 CSG wells within existing production areas. According to UWIR 2019, this is projected to increase…

Audit on CSG Regulators

One of P&E Law’s key concerns representing landowners affected by the coal seam gas (CSG) industry over the last decade has been the lack of enforcement of environmental authority conditions by the Department of Environment and Science (DES), including conditions relating to noise, weeds, dust and land rehabilitation. As a result, P&E Law have always emphasised the importance of including strong contractual obligations into a Conduct and Compensation Agreement (CCA) requiring CSG companies to comply with environmental authority conditions so that landowners themselves have the power to enforce compliance. The Queensland Audit Office has recently audited the Department of Natural Resources, Mines and Energy (DNRME), DES and the Gasfields Commission Queensland in relation to compliance with their regulatory roles and…

Appeals filed after the commencement of the Planning Act 2016

On 30 April 2018, Her Honour Judge Kefford DCJ delivered her Judgment in Jakel Pty Ltd & Ors v Brisbane City Council & Anor [2018] QPEC 21. The Issue One of the primary issues in this case was whether the decision making regime under the Sustainable Planning Act 2009 (SPA) or the Planning Act 2016 (PA) applies, in respect of a development application that was: lodged while the SPA was in force; decided after commencement of the PA; and the subject of an appeal filed after commencement of the PA (on 3 July 2016). Both parties accepted that pursuant to section 311(4) of the PA, the administrative steps/process applicable to the appeal are those prescribed under the PA. The dispute…

The Blue Dot

Protected Plants Flora Survey Trigger Map There has been a spike in “blue dot” enquiries on vegetation mapping. Numerous requests have been raised about the “high risk area” trigger map under Nature Conservation Act 1992 (“NCA”) and Nature Conservation (Wildlife Management) Regulation 2006 and interactions with the Property Maps of Assessable Vegetation (PMAV) under the Vegetation Management Act 1999 (“VMA”). Interaction between different legislation Where property is shown as ‘category X’ non-remnant vegetation in the Regulated Vegetation Management Map, registration of a PMAV should ensure this category of vegetation is “locked in”, subject to future legislative changes, should any occur. Regulated Vegetation Management Map However, where your land appears under a NCA trigger map as a high risk area for…