April 2011 e-News

April 2011 e-News

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April 15 2011

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In this months issue of the API e-News:

  1. Presidents Address
  2. Funding Energy Efficiency Upgrades
  3. Disability Access To Premises
  4. Queensland strata law changes
  5. Amending ratchet provisions in retail leases

Presidents Address

Nick McDonald Crowley completed the first ever API member update, completely designed to be distributed via web video. For those that are not aware, Nick is 10 months through his 12 month term as National President. The API has spent the past year working hard to benefit members and this work is paying off. There have been significant achievements across sectors such as IT, training, education, industry support and Professional Indemnit.

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Funding Energy Efficiency Upgrades

(Henry Davis York)

Energy EfficiencyThe Local Government Amendment (Environmental Upgrade Agreements) Act 2010 (NSW) commenced on 18 February 2011 and establishes a new system to secure the lending of money to fund energy efficiency improvements to major commercial, industrial and residential flat buildings.

There are a range of existing barriers to funding major energy efficiency improvements to buildings. Among them is the limited availability of funding for major long term upgrades to buildings such as changing the heating, ventilation, lighting and cooling systems. Another is the split incentive issue where tenants would normally benefit from a landlord's investment. This legislation aims to overcome these barriers by introducing a new concept called Environmental Upgrade Agreements (EUA) which are secured by a new local government charge, called environmental upgrade charges.

The legislation is contained in Part 2A of the Local Government Act 1993 (the Act). Participation in the scheme is entirely voluntary. While any number of entities can be a party to an EUA, they are likely to most often be tripartite agreements between:

  1. the building owner;
  2. the bank or other financial institution or lender; and
  3. the relevant local council.

An EUA can be entered into in relation to an existing building which has an occupation certificate. The building must be for commercial, industrial or other non-residential use or be a strata building that is the subject of a multiresidence scheme of least 20 strata lots.

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Disability Access To Premises

Important information for local government, designers, architects, building professionals, facility managers and developers.

As you will be aware the Disability (Access to Premises - buildings)
Standards 2010 (Cth) (Premises Standards) commence on 1 May 2011. Any application for a building approval
for a new building or upgrade of an existing building on or after that date will trigger the application of the Premises Standards.

The purpose of the Premises Standards is:

  • to ensure that dignified, equitable, cost-effective and reasonably achievable access to buildings, and facilities and services within buildings, is provided for people with disability, and
  • to give certainty to building certifiers, developers and managers that if the Standards are complied with they cannot be subject to a successful complaint under the DDA in relation to those maters covered by the Premises Standards.

There is no doubt that the introduction of the Premises Standards will lead to widespread and important improvements in the accessibility and safety of all new and upgraded buildings that it covers throughout Australia.

These changes will improve the opportunities for people with disability to participate in and contribute to the economic, cultural, social and political life of our community as equal citizens.

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Queensland strata law changes require developer action

(Allans Arthur Robinson)

In brief: Changes to Queensland's Body Corporate and Community Management Act 1997 relating to lot entitlement methods of calculation and the disclosure of those to buyers will have an immediate impact on disclosure documents. The changes affect the sale of both off-the-plan lots and registered lots in a community titles scheme. Partner Tony Davies (view CV) and Lawyer Mark Steele look at how these legislative changes will affect developers.

  • Existing off-the-plan buyers
  • Future off-the-plan buyers
  • Registered lot buyers
  • Plain English
  • New Form 14 (BCCM Information Sheet)
  • Consequences of failure to comply
  • What you will need to do

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Amending ratchet provisions in retail lease

(Allans Arthur Robinson)

In brief: Those individuals or businesses in Queensland who may be affected by sections of the Retail Shop Leases Act that deal with ratchet provisions in retail lease rent reviews and compensation for assignees in the event of misrepresentation should be aware of amending legislation recently passed by the Queensland Parliament. Special Counsel Christine Adamson (view CV) and Lawyer Mark Steele explain.

  • Background
  • Amendments
  • How does it affect you?
  • What do you need to do?

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