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Climate Change
Our experienced Climate Change team regularly
publishes articles and updates - the full list of publications appears below.
If you'd like to be notified when we add new climate change publications to the site, please go to our
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The Garnaut Climate Change Review's Final Report, which was released today, contains no surprises but simply confirms many of the findings and recommendations made in the Review's previous reports. Partner Grant Anderson reports |
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Professor Ross Garnaut's Supplementary Draft Report released today proposes a 'soft approach' to emission reduction targets, with the development of a comprehensive international agreement being critical to Australia accepting increased targets. Partner Matthew Skinner and Senior Associate Suzanne Westgate report |
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The Voluntary Carbon Standard 2007 is one of the most internationally recognised voluntary standards for earning carbon credits. Partner Campbell Davidson and Lawyer Mark Harding examine the Voluntary Carbon Standard as an alternative, or complement, to Clean Development Mechanism approval for greenhouse gas-reducing projects in the PRC |
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In a landmark decision, the Victorian Civil and Administrative Tribunal has refused development consent to a housing development in South Gippsland because of climate change considerations, including the threat of increasing storm severity and rising sea levels. Partner Paul Lalich, Lawyer Fleur Ramsay and Paralegal Madeleine Ellicott report on the decision |
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The ACCC has released a guideline, Carbon claims and the Trade Practices Act, that is intended to inform both the providers and users of carbon offsets of their obligations under the Trade Practices Act 1974 (Cth) where they make claims based on those carbon offsets. Partner Grant Anderson and Lawyer Adam Ross report |
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Following on from our summary of the Federal Government's Green Paper on its proposed Carbon Pollution Reduction Scheme released on 16 July 2008, Partner Grant Anderson discusses in greater detail the proposals regarding the design of that Scheme |
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On 16 July 2008, the Minister for Climate Change and Water, Penny Wong, released a much-anticipated Green Paper that sets out the Federal Government's preferred model for Australia's proposed emissions trading scheme, to be known as the Carbon Pollution Reduction Scheme. Allens Arthur Robinson's Climate Change Group provides initial commentary on the key reforms proposed in the Green Paper. |
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On 2 July 2008, Federal Climate Change Minister Penny Wong released a discussion paper canvassing two regulatory approaches for an expanded national renewable energy target scheme. Partner Grant Anderson, Senior Associate Robyn Glindemann and Lawyer Jessica Moir look at the discussion paper |
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Following on from his summary of the draft report of the Garnaut Climate Change Review released on 4 July 2008, Partner Grant Anderson discusses in greater detail some of the principal findings and recommendations of the draft report |
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The eagerly awaited draft report of the Garnaut Climate Change Review was released at lunchtime today. Partner Grant Anderson and Senior Associate Suzanne Westgate provide initial commentary on the findings of the draft report |
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On June 26, the Federal Climate Change Minister Penny Wong released the National Greenhouse and Energy Reporting Regulations 2008, providing important detail for companies who may be required to report under the National Greenhouse and Energy Reporting Scheme which commences on 1 July 2008. Partner Grant Anderson, Senior Associate Robyn Glindemann and Lawyer Jess Moir look at the new regulations |
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The Federal Government has released its long-awaited exposure draft of the Offshore Petroleum Amendments (Greenhouse Gas Storage) Bill 2008. The Bill's purpose is to establish the framework for access to offshore geological storage formations, and the creation of property rights for greenhouse gas injection and storage activities in Commonwealth offshore waters. The Federal Government has described the legislation as being 'world first', and its terms will be subject to international scrutiny |
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Partner Darren Murphy and Senior Associate Caitlin Westgarth report on the Federal Government's announcement to amend the Energy Efficiency Opportunities Regulations 2006 with effect from 1 July 2008 to avoid duplication with the reporting requirements under the National Greenhouse and Energy Reporting System |
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A number of developments in the US indicate that it is likely to enact a federal climate change law, including nationwide mandatory caps on greenhouse gas emissions and the establishment of a nationwide emissions trading scheme. This would have a significant flow-on effect to the world carbon market. Partner Seamus Cornelius and Lawyer Mark Harding provide an overview of these recent developments |
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When the Federal Government implements the national emissions trading scheme (NETS), proposed to be in 2010, the New South Wales Greenhouse Gas Reduction Scheme (GGAS) will cease to operate. The NSW Government has released its long-awaited consultation paper on the possible transitional arrangements. Partner Andrew Mansour and Lawyer Andrew Daly outline the proposed transition options |
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Professor Ross Garnaut has released his discussion paper on the design of an Australian emissions trading scheme. The proposals contained in the paper will be an important input into the design of the Federal Government's scheme and some of them are likely to engender vigorous debate. Partner Grant Anderson reports |
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The extent to which climate change is relevant to major project assessment in NSW was recently examined by the NSW Land and Environment Court - this time in the context of 'flood impacts' and concept plan approvals under Part 3A of the Environmental Planning and Assessment Act 1979 (NSW). Partner Jim Parker and Senior Associate Suzanne Westgate review the court's recent decision in Walker v Minister of Planning and Anor |
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Professor Garnaut's recently released interim report on the impact of climate change in Australia outlines the type of recommendations that may feature in the ultimate report which will be released in September this year. Partner Grant Anderson and Senior Associate Suzanne Westgate report |
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The ACCC has released a guideline entitled Green Marketing and the Trade Practices Act that is intended to assist manufacturers, suppliers and advertisers to avoid making misleading claims about the environmental benefits of the products or services that they produce, supply or advertise. Partner Grant Anderson and Articled Clerk Adel Mohamed report |
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The National Greenhouse and Energy Reporting Act 2007 (Cth) provides the legislative framework for the operation of the National Greenhouse and Energy Reporting System, which will be a key element of the proposed Australian emissions trading scheme. The Federal Government has released a policy paper that sets out the content of the regulations to be made under that Act. Partner Grant Anderson analyses the key points arising out of the paper |
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The Australian Competition and Consumer Commission has signalled that it will closely examine advertising containing references to carbon offsets and 'green' products to ensure that it is not misleading or deceptive. As part of its focus on this area, the ACCC has recently instituted proceedings in respect of particular advertisements and has also released an issues paper outlining its concerns over this form of advertising. Partner Grant Anderson and Lawyer Adam Ross report |
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The Clean Development Mechanism (CDM) is potentially a useful tool for companies from developed nations, providing a cost-effective way to reduce greenhouse gas emissions and to generate an additional revenue stream for projects in developing nations. Partner Campbell Davidson and Lawyer Mark Harding provide an introduction to the CDM in China, which is currently one of the most attractive places for CDM investment |
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Following two weeks of meetings, and a fractious plenary session that went all night, the 187 country participants at the 2007 Conference of the Parties to the United Nations Framework Convention on Climate Change in Bali eventually agreed the 'Bali Action Plan' or 'road map'. Partner Grant Anderson outlines the principal components of the Bali Action Plan and the opportunities for Australian businesses now Australia has ratified the Kyoto Protocol. |
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With climate change issues being one of the key agenda items for the newly elected ALP Federal Government, Partners Anna Collyer and Scott Langford and Senior Associate Hayley McNamara review the current status of the development of a legislative framework for the implementation of carbon capture and storage technologies in the Australian energy sector |
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The National Greenhouse and Energy Reporting Act 2007 came into operation on 28 September 2007. This Act provides the legislative framework for the National Greenhouse and Energy Reporting System, which will be a key element of any Australian emissions trading scheme. A discussion paper on the proposed regulations that will fill out the details of the reporting system was released last week. |
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Partners Matthew Skinner and Annette Hughes and Lawyer Jonathan Pagan look at three recent decisions - one in Australia and two from the US - dealing with climate change and the law |
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The Prime Minister's Task Group on Emissions Trading has released a discussion paper for public comment on incentives for abatement in the period leading up to the commencement of a national emissions trading scheme in 2011. The Early Abatement Incentives Discussion Paper was released on the same day as the Prime Minister announced the new Commonwealth 30,000 gigawatt hours clean energy target by 2020 and comes amid mounting election pressure to take concrete steps to address climate change. |
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The NSW Land and Environment Court has again examined the issue of the extent to which climate change impacts should be assessed for major project proposals. Partner Matthew Skinner, Senior Associate Felicity Rourke and Lawyer Elizabeth Lamaro review the court's decision in Drake-Brockman v Minister of Planning & Anor and comment on the guidance it provides on the assessment of greenhouse gas emissions for major development projects in NSW |
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In addition to the newly launched Australian Climate Exchange that precedes the establishment of a national climate exchange market by the Federal Government, Australian companies are involved in generating and trading greenhouse gas emission reductions on international climate exchange markets. |
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The Federal Government has taken an important step towards a national emissions trading scheme with the introduction of the National Greenhouse and Energy Reporting Bill 2007. Partner Ben Zillmann, Special Counsel Philip Murray and Lawyer Simon Batten report |
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China's recently released National Climate Change Program focuses on reducing China's energy consumption per unit of GDP by encouraging growth of renewable and nuclear energy, energy conservation and clean technology sectors. It is also part of China's long-term strategy to develop its domestic high technology and low energy consuming sectors. Partner Campbell Davidson, Senior Associate Li Hong and Lawyer Mark Harding highlight the program's key aspects |
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Since the NSW Land and Environment Court's landmark decision in November 2006 requiring the environmental assessment of the proposed Anvil Hill coal mine to consider the impact of downstream greenhouse gas emissions, the decision of the NSW Minister for Planning on whether the project should proceed has been eagerly awaited. |
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The Prime Minister's Task Group on Emissions Trading has released its long-awaited findings. Partner John Greig and Senior Associate Suzanne Westgate provide initial commentary on the Task Group's findings |
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