| Newsletter | September 2001 | December 2001 | May 2002 | Earlier | Contents List | ||||||||||
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JUNE 2000 Leonie Kelleher
Elected to LIV Council In May this year, Leonie Kelleher was elected to
the Council of the Law Institute of Victoria, the governing body of
the legal profession. Ms Kelleher’s appointment is a great honour
for the firm and a measure of her high standing in the legal
community. It is also a
tribute to her ongoing commitment and contribution to the profession.
Over the years, only a small percentage of Councillors have been
women, and even fewer have come from suburban law practices, making Ms
Kelleher’s achievement particularly significant. As well as
representing the “suburbs” category, Ms Kelleher’s appointment
will give the specialty of planning, local government and
environmental law a voice on the Council. Serious Flaws in New
Environment Legislation Under the legislation, anyone proposing to take
an action that is likely to have a significant impact on world
heritage properties, declared RAMSAR wetlands, listed threatened and
migratory species, and Commonwealth marine areas must obtain the
approval of the Commonwealth Environment Minister.
These actions are known as “controlled actions”. However, as there is only restricted information available on the precise locations of these protected sites and species, it is difficult for anyone to know whether their project will have an environmental impact. Even when it is clear that a project is a
“controlled action”, applicants must obtain all other approvals
before submitting their proposal to
The strategy covers most aspects of Victoria’s
non-indigenous cultural heritage including built structures, gardens,
trees, shipwrecks, sites, streetscapes, objects, collections of
objects and works of art not located in major public or private
collections. Over the next three to five years the strategy
will implement programs to: •
Increase knowledge of Victoria’s heritage places and objects. •
Enhance community understanding and appreciation of heritage. •
Provide mechanisms for the strategic and practical protection
of heritage places and objects. •
Support proactive management and sustainable use of heritage
assets. In short, the strategy will provide valuable
guidance to everyone involved in heritage issues. LIV Supports Tax
Deductions for Child Care The Law Institute of Victoria supports child-care
expenses being made tax deductible, following the adoption of
recommendations from an in-house discussion paper.
The discussion paper argues that such tax concessions would
create a more equitable situation by enabling more women to afford to
return to work after having children. The LIV’s next step is to undertake further
consultation and research before preparing a draft outline for tax
reform which will be presented to community groups, government and the
media for comment. During
this process, the LIV will examine issues such as who should be
eligible for tax deductions and what the level of those tax deductions
should be. Exit Good Design Guide:
Enter ResCode The Good Design Guide and Vic Code 1 are now
obsolete following the State Government’s recent launch of ResCode
(in draft from). While ResCode retains many of the development
standards of the previous codes, it makes neighbourhood character a
mandatory starting point for all residential development.
Anyone undertaking a residential development must now submit a
site analysis plan to their local council for approval before planning
and building permits will be issued.
At present, a site analysis plan is only required for
multi-dwellings. Our experience has shown that a site analysis
plan does not necessarily mean a development will blend in well with
the neighbourhood. However,
its widespread use may eventually educate and encourage developers to
be more sensitive to the local surroundings. Planning approval will not be required for
single-dwelling and two-dwelling developments as long as mandatory
standards regarding neighbourhood character and amenity are met.
Where standards are not met, or where multiple dwellings or
subdivisions are proposed, a planning permit is still required. Although the ResCode commentary assures us that
this situation “is not a return to the days of dual occupancy”
(where no planning permit was required), we find it alarming that
two-dwelling developments do not require planning approval. The Department of Infrastructure is now
undertaking consultation on the draft Code and we will keep you
informed of any changes that may result. If you would like to view the draft Code, our office has a copy. Please call Karen to arrange a convenient time. |
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