05 September 2024
10 min read
#Property, Planning & Development
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Earlier this year, we wrote about the nation-wide ban on engineered stone, which had been implemented following findings that the materials contain silica dust, which causes serious respiratory illnesses when inhaled.
As of 1 September 2024, Safe Work Australia’s Model Work Health and Safety Regulations have been updated to impose stricter regulations for any work done on substances composed of more than one per cent crystalline silica, determined by weight (known as a crystalline silica substance or CSS).
New South Wales, Queensland, Tasmania and Western Australia have adopted these model laws as of 1 September 2024. The ACT, South Australia and the Northern Territory are expected to follow suit shortly. Victoria has slightly different requirements relating to CSS but has largely adopted the new requirements.
The new laws require persons processing a CSS to take a number of precautions to control the risk of silica dust inhalation by:
Under the new laws, CSS processing is only considered controlled if at least one of the following protective measures are used during processing:
In addition to any of the above, the person must be provided with and use respiratory protective equipment while the work is being carried out.
Further, the new laws impose a duty on individuals or businesses undertaking CSS processing to ensure that workers receive training on processing CSS and keep records of that training (for up to five years after the date that the worker stops working for that individual or business).
As CSS is found in a wide number of construction materials include tiles, concrete mixes and bricks, the laws will have a broad impact on the construction industry.
For more details on the regulations and what materials and processes have been regulated, please see the SafeWork NSW website. The Model WHS Regulations can be found here.
Authors: Christine Jones & Brandon Thai
The Greens have added a 'landlord watchdog' to a growing housing policy wish list
The Greens have proposed a national watchdog to fine landlords who breach tough rules including guaranteed tenancy renewal. The policy would be difficult to implement because it exceeds the constitutional powers of the federal government, but the framing reflects the minor party's desire to appeal to renters. The Greens want to hold the balance of power in the House of Representatives in the next election and are eyeing several Labor-held seats. Peter Tulip of the Centre for Independent Studies said the policy was "well-intentioned" but would backfire. (2 September 2014). Read more here.
Sydney's City of Ryde Council takes final stand to prevent TG Millner Fields from residential development
City of Ryde Council and nearby residents are making a final stand against a planned development of a historic sportsground. Purchased by North Ryde RSL club in 2017 and there is a proposal to turn the 6.2 hectare site into 132 townhouses. Those against the move fear what less green space will mean for future locals in the rapidly growing area. Last month, North Ryde RSL resubmitted its proposal with Ryde Council to rezone the TG Millner fields into residential land, after the initial proposal was stopped while the council tried to forcibly purchase the property. (23 August 2024). Read more here.
‘Fail mark’: NSW slammed over housing delays
The NSW housing planning system has been handed a failing grade, ranked as equal worst in the country according to a new building industry report. In its inaugural Planning Blueprint Scorecard, the Housing Industry Association has monitored the progress of key planning reform measures and scored NSW an unsatisfactory 1.5 out of five, blaming the poor score on inefficiencies leading to major delays. At the time, Cabinet also agreed to a National Planning Reform Blueprint to outline planning, zoning, land release and other measures to improve housing supply and affordability. (3 September 2024). Read more here.
More homes for the Northern Rivers as another site is released
As part of the Minns Government’s plan to build disaster-resilient housing in the Northern Rivers, a new agreement to progress the delivery of up to 1,000 homes for families in the Grafton area through one of Australia’s largest flood-resilience programs is now underway. This is the seventh land release of the $100 million Resilient Lands Program (RLP), which is being delivered alongside the joint State and Commonwealth funded $790 million Resilient Homes Program, providing safer choices for people to live in the Northern Rivers after the 2022 floods. (29 August 2024). Read more here.
Community to have its say on plans to revitalise Narrabri and deliver up to 2,100 new homes
The NSW Government and Narrabri Shire Council are seeking community feedback on the future of Narrabri and how they would like to see the city grow and evolve over the next 20 years. The draft Narrabri Place Strategy identifies the potential for up to 2,100 homes on flood-free land supported by local amenities in the residential precinct. This proposal will allow for a rezoning of land for new homes, community facilities, infrastructure and services to revitalise the area. (23 August 2024). Read more here.
Former CFMEU heads launch high court challenge over forced administration
Former CFMEU leaders have launched a legal challenge to laws forcing the union into administration. The federal government says a High Court challenge was expected and it will defend the matter. The former union leaders have launched a crowdfunding effort to support the challenge. Shadow Workplace Relations Minister Michaelia Cash said those laws were the start of "cleaning up" the union, and the federal government should now back the Coalition's push to re-establish the Australian Building and Construction Commission, which the government abolished after its election win. (3 September 2024). Read more here.
Companies sued over dangerous cladding continue Australian court fight
Two firms that produced and imported building cladding linked to numerous blazes worldwide, including the deadly Grenfell Tower fire in London, will continue to fight a class action by Australian property owners. The cladding was advertised as safe for use in residential, commercial and public buildings by German manufacturer 3A Composites and its Australian distributor Halifax Vogal Group (HVG), a court heard yesterday. However the components were claimed to be "wholly unsuitable" for that purpose, as they were made of flammable material which could accelerate the spread of fire throughout a building. (3 September 2024). Read more here.
Construction Work Done, Australia, Preliminary
The Australian Bureau of Statistics provides preliminary estimates of value of total construction work done, building work done and engineering construction work done. In seasonally adjusted terms in the June quarter: total construction work done rose 0.1% to $64,932.1m; building work done fell 0.3% to $33,815.0m; engineering work done rose 0.5% to $31,117.1m. The trend estimate for total construction work done fell 0.4%. (28 August 2024). Read more here.
Building Approvals, Australia
The Australian Bureau of Statistics provides the number of dwelling units and value of buildings approved. The July 2024 seasonally adjusted estimate: Total dwellings approved rose 10.4%, to 14,797. Private sector dwellings excluding houses rose 32.1%, to 5,234, while private sector houses rose 0.6%, to 9,252. The value of total residential building rose 9.0%, to $8.49b. The value of non-residential building rose 3.2%, to $4.69b. (2 September 2024). Read more here.
NSW home building outlook remains constrained
Housing Industry Association recently released its latest Economic and Industry Outlook report. The report includes updated forecasts for new home building and renovation activity nationally and for each of the eight states and territories. “The 2024/25 financial year is expected to mark the trough in the cycle for New South Wales detached housing, concluding the two weakest years for house commencements since 2012/13,” added Mr Bare, the NSW Executive Director. “Higher density housing development is even more constrained. Commencements of multi-units have halved since 2016, with 2023/24 marking the weakest year for the sector since 2011/12. Activity is not expected to truly gain steam until the second half of 2025. (28 August 2024). Read more here.
Donohoe v Albulario [2024] NSWCATAP 166
APPEALS – procedural fairness – applicable principles – whether failure to afford procedural fairness by Tribunal member not informing unrepresented party of right to cross-examine witness and to apply for an adjournment – appeal dismissed
Dziurek v Secretary of the Department of Customer Service [2024] NSWCATOD 140
ADMINISTRATIVE REVIEW – Home Building – application for contractor licence – bankruptcy – whether Secretary’s discretion should be exercised within three year bar
Proclamations commencing Acts
Residential (Land Lease) Communities Amendment Act 2024 No 46 (2024-400) – published LW 23 August 2024
Residential (Land Lease) Communities Amendment Regulation 2024 (2024-415) – published LW 23 August 2024
Environmental Planning Instruments
Fairfield Local Environmental Plan 2013 (Map Amendment No 7) (2024-424) – published LW 23 August 2024
Orange Local Environmental Plan 2011 (Amendment No 37) (2024-429) – published LW 23 August 2024
Port Stephens Local Environmental Plan 2013 (Map Amendment No 8) (2024-425) – published LW 23 August 2024
Shoalhaven Local Environmental Plan 2014 (Amendment No 54) (2024-426) – published LW 23 August 2024
State Environmental Planning Policy (Precincts – Regional) Amendment (Activation Precincts) 2024 (2024-427) – published LW 23 August 2024
Warringah Local Environmental Plan 2011 (Amendment No 29) (2024-428) – published LW 23 August 2024
Armidale Regional Local Environmental Plan 2012 (Map Amendment No 3) (2024-448) – published LW 30 August 2024
Cessnock Local Environmental Plan 2011 (Amendment No 43) (2024-449) – published LW 30 August 2024
Fairfield Local Environmental Plan 2013 (Map Amendment No 9) (2024-450) – published LW 30 August 2024
Gunnedah Local Environmental Plan 2012 (Map Amendment No 3) (2024-451) – published LW 30 August 2024
Inner West Local Environmental Plan Amendment (Electric Vehicle Charging Units) 2024 (2024-452) – published LW 30 August 2024
Murray Local Environmental Plan 2011 (Amendment No 17) (2024-453) – published LW 30 August 2024
Orange Local Environmental Plan 2011 (Map Amendment No 8) (2024-454) – published LW 30 August 2024
Port Stephens Local Environmental Plan 2013 (Amendment No 44) (2024-455) – published LW 30 August 2024
Disclaimer
The information in this article is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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