In-House Memorandum ~ Contamination Clean Up Ongoing challenges exist for Councils and residents involved in and affected by clean-up works to remove historical contamination from former industrial uses in urban areas. Site contamination may often be compounded by a host […]
Continue reading...In-House Memorandum ~ Procedures after Council receives a Planning Panel’s report Following a report by Planning Panels Victoria with respect to a proposed Planning Scheme Amendment, the Planning Authority (‘the Authority’) must follow certain steps in order to comply with […]
Continue reading...S173 has been a part of the Planning and Environment Act 1987 (Vic) (‘PE Act’) since 1987, but its predecessor was S52 of the Town and Country Planning Act 1961. The section provides for agreements between a landowner, responsible authority […]
Continue reading...In-House Memorandum ~ Caveatable Interests A caveat is an important tool used to protect a person’s interest in land, but when used incorrectly it exposes the caveator to considerable risk. The Transfer of Land Act 1958 (Vic) (TLA) provides that […]
Continue reading...In-House Memorandum ~ Creating a Wetland Habitat Each vulnerable and threatened species requires habitat to survive. Where this is not naturally available in a particular location, habitat may be created. Where a water reliant endangered species is involved, such as […]
Continue reading...In-House Memorandum ~ Part-Payment as Complete Payment of a Debt Commercial disputes are frequently resolved by a compromise involving part payment. If this occurs, great care is needed to ensure that this is confirmed in writing and accepted. At the […]
Continue reading...In-House Memorandum ~ Valuation of Land 2014 marks the 8th biennial revaluation of Victorian properties since the introduction of the current system of revaluation in 2000. Revaluation can help to prevent large percentage shifts in property value, where long intervals […]
Continue reading...In-House Memorandum ~ Confidentiality in Mediation Parties must be careful not to disadvantage another party in proceedings, as VCAT may dismiss or strike them out or determine the proceedings in favour of the applicant (s78, VCAT Act). The must also […]
Continue reading...In-House Memorandum ~ Status of Federal Environment Legislation and Bilateral Agreements The Federal Government’s ‘One Stop Shop’ framework includes a network of bilateral agreements established under the EPBC Act, which delegate approval powers for projects assessed under EPBC Act to […]
Continue reading...In-House Memorandum ~ Permit Conditions or s173 Agreements Section 173 Agreements (‘S173’) are complex and often inappropriately sought or challenged, however they are a useful and powerful tool to secure long term planning objectives, we consider some cases that discuss […]
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