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Federal Environment Minister Peter Garrett has released for comment a draft bilateral agreement with the Victorian Government that provides for the accreditation of several Victorian environmental assessment processes. The agreement allows for a more streamlined approval process for projects that require state and federal approval. Senior Associate Meg Lee reports

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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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Amendments to legislation in New South Wales will require developers to disclose political donations or gifts (of more than $1000 in value) when making a development or planning application. Additionally, the reforms require the relevant authorities to make a record of political donation disclosures and also the results of how councillors voted on planning decisions. Partner Paul Lalich and Lawyer Tom Cregan report

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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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A recent decision of the New South Wales Court of Appeal, Lennard v Jessica Estates Pty Limited, indicates that planning legislation could override private restrictive covenants to a greater extent than previously thought. Partner Nicholas Cowie, Senior Associate Emma Hodgson and Law Graduate Victoria Moore explain

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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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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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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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A new Bill introduced into the Western Australian Parliament by the Greens attempts to set a greenhouse gas emissions intensity standard for new power stations in Western Australia. Senior Associate Valeria Cooney and Lawyer Lorna Creewel report

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The Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008, which commenced on 1 June 2008, introduces a range of measures designed to regulate the underground storage of petroleum so as to minimise the risk of the discharge of substances that cause significant damage to the environment. Partner Paul Lalich and Paralegal Madeleine Ellicott report

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The Environmental Planning and Assessment Amendment Bill proposes the most significant reforms to the planning system since the inception of the Environmental Planning and Assessment Act 1979 (NSW). Partner Paul Lalich and Lawyer Joy Lam report

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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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The Queensland Deputy Premier and Minister for Infrastructure and Planning, Paul Lucas, released the draft Iconic Queensland Places Bill 2008 for stakeholder consultation on 7 December 2007. The draft legislation is a direct response to fears expressed by some local governments and their communities that the widespread local government amalgamations in Queensland would rob them of their identity and character through inappropriate planning decisions

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The Queensland Parliament has passed the Queensland Heritage and Other Legislation Amendment Act 2007, which will amend the Queensland Heritage Act 1992. This is the first major review of the heritage legislation in its 15-year life and will modify Queensland's heritage framework for the listing of places on the register and the approval of their redevelopment. The amending Act will commence on a date to be fixed by proclamation

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The NSW Independent Commission Against Corruption has released a report on corruption risks associated with the New South Wales development approval process. Partner Paul Lalich, Senior Associate Suzanne Westgate and Lawyer Will Potts consider the potential impact of the recommendations

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Less than two months ago, the Queensland Government announced 'sweeping reforms' to ensure more Queenslander's can own their home. On 11 September 2007, after limited consultation with industry, the Urban Land Development Authority Act 2007 commenced, purportedly to achieve this agenda. Senior Associate Anna Goethe-Hooper looks at how the new legislation is to work

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New legislation just passed by the Queensland Government effectively abolishes the Land & Resources Tribunal and confers its existing jurisdiction on the Land Court. Partner Ben Zillmann, Senior Associate Bill McCredie and Lawyer Oliver Lawson explain the changes

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Twelve months after the Queensland State Government released a discussion paper about problems with the planning legislation and the integrated development assessment system, a reform agenda has been released. Senior Associate Rosanne Meurling looks at the significant points of the proposed changes

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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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The Queensland Government has legislated to implement the recommendations of the independent Local Government Reform Commission into local government amalgamations. The changes, effective on 10 August 2007, will affect all those who deal with, or are employed by, local governments and will have ramifications for planning and development controls and local law application. Senior Associate Bill McCredie and Lawyer Simon Batten report

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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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New regulations coming into force in July 2007 give the Environment Protection Authority new powers to require financial assurances to be given for contaminated sites. The changes come in the wake of the Spotless Supreme Court contamination case in Barkly Street, Brunswick. Partner Chris Schulz and Senior Associate Meg Lee explain the new powers and their likely implications for contaminated site owners and developers

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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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On 28 May 2007, a new system of Aboriginal heritage protection in Victoria will come into force. Cultural heritage management plans are a significant feature of the new regime, with draft regulations setting out when these plans will be required. Partner Chris Schulz and Senior Associate Penny Creswell take a look at the proposed requirements for Aboriginal heritage plans

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On 31 May 2007, the six-month grace period ends for reporting known or suspected contaminated sites to the Western Australian Department of Environment and Conservation pursuant to the Contaminated Sites Act 2003 (WA). From 1 June 2007, the statutory time limits for reporting will apply. Senior Associate Robyn Glindemann looks at the impact of the legislation

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Partner Matthew Skinner and Lawyer Julie-Anne Pearce report on a recent decision of the United States Supreme Court with potentially significant implications for greenhouse gas emitting industries

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The Brisbane City Council has introduced its Sustainable Development Policy, which includes a system of grants for developers of sustainable office buildings. This signals a growing commitment from the Brisbane City Council to drive sustainability in the built environment. Senior Associate Rosanne Meurling, Lawyer Simon Batten and Law Graduate Nikki O'Leary look at the new policy

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In March, the Standing Committee of Officials of the Ministerial Council on Energy released its response to submissions on the exposure draft of the National Gas Law. Senior Associate Louise Thomson and Lawyer Damian Jacobs discuss the proposed reforms and their ongoing evolution

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As the question of using nuclear energy in Australia heats up, Partner Anna Collyer and Lawyer Jeremy Loeliger revisit the major aspects of the Federal Government's recent report on uranium mining, processing and energy

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Against the backdrop of the recent report to the Federal Government on uranium mining, processing and the production of nuclear energy by the Uranium Mining, Processing and Nuclear Energy Review Taskforce, Senior Associate Igor Bogdanich and Lawyer Jeremy Loeliger set out the key elements of the regulatory regimes that currently govern the mining of uranium, and the construction and operation of nuclear power plants, in Australia

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The State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007, which was gazetted on 16 February 2007, should bring some welcome consistency to certain aspects of planning law to these industries across NSW. It may be of more limited assistance for coal and mineral sands miners. Senior Associate Felicity Rourke looks at the new policy

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The Queensland Government has legislated to ban the construction or operation of nuclear facilities in the state. As Partner Ken MacDonald and Lawyer John Hedge report, this was prompted by the Federal Government's moves to consider the use of nuclear energy to help meet Australia's future energy needs

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In a landmark decision for the Queensland mining industry, the Queensland Land and Resources Tribunal has handed down its first ruling regarding greenhouse gas emissions. Lawyer Oliver Lawson and Partner Ben Zillmann report

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On 19 December 2006, the Federal Court held that Forestry Tasmania was not conducting its forestry operations in accordance with a Regional Forest Agreement and, as a result, an exemption from the requirement for an approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) no longer applied. Partner Paul Lalich and Lawyer Gillian Duggin consider possible implications of the decision

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The New South Wales Land and Environment Court's long-standing approach to the application of designated development provisions has been overturned in a recent decision of the New South Wales Court of Appeal. Partner Paul Lalich and Lawyer Joy Lam report

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On 4 December 2006, the Threatened Species Conservation Amendment (Biodiversity Banking) Act 2006 commenced. This Act establishes a biodiversity offset and land banking scheme by which the NSW Government intends to introduce a market-based approach to addressing the impacts of expanding urban development on biodiversity. Partner Mark Stubbings and Lawyer Kristy Owen look at what the new NSW legislation means for landholders

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On 27 November 2006, the NSW Land and Environment Court handed down a landmark decision, finding that the developer of the proposed Anvil Hill coal mine had failed to adequately assess the climate change impacts of the mine. Partner Annette Hughes and Lawyer Julie-Anne Pearce consider the court's decision against the backdrop of an increasing awareness of the legal aspects of climate change

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After a 13-year gestation period, the Contaminated Sites Act 2003 (WA) is due to come into effect on 1 December 2006. Senior Associate Robyn Glindemann outlines the key provisions of the Act and implications for landowners and occupiers in Western Australia

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The National Emissions Trading Taskforce has released a blueprint of a proposed national greenhouse gas emissions trading scheme and is inviting consultation on the plan. Senior Associate Julie Freeman and Articled Clerk Alan Grinceri review the proposed scheme

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To give effect to various initiatives from its Our Environment, Our Future - Sustainability Action Statement 2006, the Victorian Government has introduced several pieces of legislation into Parliament, including the Environment Protection (Amendment) Bill. Senior Associate Meg Lee and Lawyer Caroline Ray report on the Bill, which will streamline the Environment Protection Act 1970 and give the Environment Protection Authority new efficiency and enforcement tools

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The Victorian Government has introduced a Bill to Parliament to create a renewable energy target scheme to supplement the Federal Government's mandatory renewable energy target. Partner Paul Kenny and Articled Clerk Alan Grinceri discuss the proposed VRET scheme

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We look at the latest changes to the Environmental Protection Act 1986 (WA) and the state's ambitious water reform

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A parliamentary inquiry into corporate responsibility in Australia, concluded in June, has attracted little attention despite several recent high-profile corporate collapses and scandals. The Corporate responsibility: Managing risk and creating value report that surfaced from the inquiry found that no major changes to the law were necessary.

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Purchasers and developers can no longer assume that developments facilitating 'as of right' uses under the current Victorian zoning can be pursued without restriction. Partner Chris Schulz and Senior Associate Meg Lee explain new traps for purchasers and developers arising out of a recent Supreme Court of Victoria case and the process of local structure planning

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The first challenge to the consideration of the effects of greenhouse gas emissions under the Commonwealth's environmental legislation has been dismissed by the Federal Court. Special Counsel Philip Murray and Lawyer Simon Batten report

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The Environmental Planning and Assessment Amendment (Existing Uses) Regulation 2006 was gazetted by the NSW Government on 29 March 2006 and is now in force. Partner Noel Hemmings QC and Lawyer Wen-Juan Zheng look at what will change with the new Regulation

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A Bill to amend the Commonwealth Renewable Energy (Electricity) Act 2000 will enhance the operation of the renewable energy certificates market by implementing selected recommendations of the Tambling Review. Partner Grant Anderson and Articled Clerk Alan Grinceri review the reforms proposed in the Bill

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Senior Associate Robyn Glindemann and Lawyer Ashley Phelps outline important changes to Western Australian planning and building legislation with the forthcoming operation of a new Planning and Development Act and proposed new building legislation

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Proposed reforms to development contributions and assessment of development applications were introduced into NSW Parliament on 28 February this year. Partner Paul Lalich, Senior Associate Bill McCredie and Law Graduate Fiona Williams outline the proposed reforms and look at the impact they will have on developers, investors and local government

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In its first decision on cultural heritage management plans, the Queensland Land and Resources Tribunal demonstrated that it will recommend approval of a plan considered fair and reasonable in the circumstances. It also made important determinations on a number of contentious issues common to most CHMPs. Senior Associate Ben Zillmann and Strati Pantges report

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New regulations under the 1999 Commonwealth Environment Protection and Biodiversity Conservation Act establish a regime for controlling access to, and use of, biological resources in Commonwealth areas. The new regulations, which came into force on 1 December 2005, are designed to regulate 'bioprospecting'. Partner Chris Schulz and Lawyer Juanita Pope report

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On 18 October, the Victorian Government released the exposure draft of the Aboriginal Heritage Bill which aims to strengthen the protection of Aboriginal cultural heritage in Victoria. Senior Associate, Julie Freeman and Lawyer Emily Gerrard, look at the changes proposed by the draft Bill

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The Water (Resource Management) Bill was introduced into the Victorian Parliament on 5 October this year. Partner Grant Anderson, Senior Associate Lauren Thompson and Lawyer Emily Gerrard look at the key reforms contained in the Bill

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The time period for land owners to make adverse possession applications against council land in Victoria is due to expire on 25 November 2005. Partner Chris Schulz and Lawyer Jacqueline Bredhauer look at the changes and the pending deadline

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Sweeping changes to Part 3 of the Environmental Planning and Assessment Act, streamlining local planning provisions in NSW commenced on 30 September 2005. Partner Paul Lalich and Senior Associate Felicity Rourke look at the changes.

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Partner Paul Lalich and Senior Associate Suzanne Westgate report on the new biodiversity certification and mitigation banking scheme that has the potential to change the face of development and biodiversity conservation in NSW

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Significantly increased penalties for environmental offences and greater scope for director and senior management liability are among changes proposed under a draft Bill introduced to the NSW Parliament. Partner Paul Lalich and Senior Associate Suzanne Westgate report on the proposals

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A framework for the protection of wild rivers will be established under new legislation introduced in Queensland. Senior Associate Philip Murray looks at how the proposed regime will operate and identifies some impacts on existing and future development and resource allocation

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On 25 May 2005 a new state environmental planning policy for state significant development was gazetted in NSW. This policy makes a number of important changes to the way in which significant projects will be assessed and approved in NSW. Partner Paul Lalich and Senior Associate Felicity Rourke look at the new policy

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Planning agreements will have a statutory framework to support them which did not previously exist, following the passage by the New South Wales Legislative Assembly of the Environmental Planning and Assessment Amendment (Development Contributions) Bill 2005 with a significant amendment that could assist with timing in the negotiation of planning agreements. Partner Nicholas Cowie and Lawyer Al Knox explain

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Now that the Kyoto Protocol is in force, focus has turned to its implementation and variations in emerging domestic and international emissions trading markets. There is also uncertainty about what the natural and business climate will resemble beyond the Protocol's first commitment period in 2012. Partner Chris Schulz and Lawyer Emily Gerrard look at regional opportunities and changes for business under the Protocol and beyond

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After many years of negotiation, the Kyoto Protocol comes into force today. Much publicity and effort has focused on the Protocol's implementation, which has been celebrated as an example of international cooperation in addressing global climate change. However, the Protocol's practical impacts remain a matter of contention and conjecture. Partner Chris Schulz and Lawyer Emily Gerrard discuss the Protocol and examine the potential impact on Australian business

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New reforms to developer contributions to public amenities and services were introduced into NSW Parliament on 8 December 2004. Partner Nicholas Cowie and Lawyer Al Knox outline the proposed reforms and look at the impact they will have on developers and consent authorities

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The WA Government signed two native title settlement agreements in late December 2004, representing the 'length and breadth' of native title settlements in the state. While in Queensland, more Torres Strait Island claims have been settled and the use of the expedited procedure to grant exploration permits has now been in use for a year. Senior Associates Robyn Glindemann and Ben Zillmann report

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The National Water Commission Act 2004 (Cth) came into force on 17 December 2004. The purpose of the Act is to establish the National Water Commission, an independent statutory body that is to play an important role in driving Australia's water reform agenda. Partner Grant Anderson and Lawyer Alistair Newton outline the National Water Commission's primary responsibilities

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Lawyer Mark Richards examines the new Electricity Industry (Wind Energy Development) Act 2004 (Vic), which is designed to facilitate investment in wind farms. Changes include spreading the cost of connecting wind energy generators to the distribution system across other generators and distributors, as well as requiring certain retailers to publish the prices at which they will purchase electricity from small wind energy generators

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A recent Victorian Civil and Administrative Tribunal ruling has meant that future planning scheme amendments may have to consider wider and more indirect impacts such as greenhouse effects when assessing the environmental impacts of a project. Lawyer Naomi Lindsay and Partner Chris Schulz look at the ruling's ramifications

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A draft Regional Plan covering 18 local government areas in the south east Queensland region has recently been released for public comment by the Queensland Government. Senior Associate Rosanne Meurling looks at what the draft plan hopes to achieve and how it will do this

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A new Act that amends a variety of Queensland environmental legislation has changed the system of environmental authorities for carrying out environmentally relevant activities other than mining and petroleum activities. Senior Associate Philip Murray looks at what will change with the new legislation

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Partner Paul Lalich and Lawyer Suzanne Westgate provide an update on recent NSW natural resource management reforms

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Water reform has emerged as a significant issue in the 2004 federal election campaign. Partner Grant Anderson and Lawyer Alistair Newton consider two key election policies relating to water: the Howard Government's Securing Australia's Water Future and the Australian Labor Party's Saving the Murray River

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Partner Paul Lalich and Lawyer Suzanne Westgate report on the reforms proposed by the new New South Wales Threatened Species Conservation Bill

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Partner Ian Hodgetts reports on a decision with implications for the identification and assessment of matters of national environmental significance

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On 25 June 2004, the Council of Australian Governments (COAG) agreed to implement a National Water Initiative that is intended to result in greater compatibility between the state water regulatory regimes and in the adoption of best-practice approaches to water management nationally. Partner Grant Anderson and Senior Associate Robyn Glindemann outline the details of this important initiative

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Partner Grant Anderson and Lawyer Alistair Newton outline the key elements of the Victorian Government's recently released White Paper on water policy, Securing Our Water Future Together

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While attempting to encourage international film-producers, the NSW Government has responded to recent problems associated with the making of the feature film Stealth in a NSW wilderness area by introducing new legislation to clarify the position regarding filming approvals. Partner Paul Lalich and Law Graduate Kristy Owen discuss the developments

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AAR's Jim Parker and Dominique Dalla-Pozza provide an overview of a recently released United Nations Conference on Trade and Development manual that contains guidelines for corporate environmental accounting

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The Queensland Government's new regime to protect indigenous cultural heritage began on 16 April 2004. The commencement of the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003 signifies the beginning of a more comprehensive regime for the recognition, protection and conservation of Aboriginal cultural heritage. Senior Associate Ben Zillmann and Lawyer Rochelle Spedding report

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In March 2003, the Commonwealth Government established a panel to review its Mandatory Renewable Energy Target as stipulated under the Renewable Energy (Electricity) Act 2000. Although the panel reported to Parliament in September 2003, its report was only released to the public in January this year. Senior Associate Robyn Glindemann examines the significant findings of the panel

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The consolidation of agencies within the NSW Environment Minister's portfolio and the creation of several new entities is part of the NSW Government's overhaul of the administration for environmental protection and biodiversity conservation. Meanwhile, as Senior Associate Robyn Glindemann reports, the delay in the establishment of the new water management regime continues

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The Queensland Government recently passed two new Acts that will replace the current cultural heritage legislation in Queensland and will provide a more prescriptive regime for managing and protecting cultural heritage than is presently the case. Senior Associate Ben Zillmann looks at the new legislation

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One of the recommendations of the Parer Committee was the replacement of the existing disparate Commonwealth and State greenhouse abatement schemes with a national emissions trading scheme. Partners Jim Parker and Grant Anderson look at these schemes and the Parer Committee recommendations as well as the Kyoto Protocol and the emerging prospect of climate change litigation

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The Australian Securities and Investment Commission recently released draft guidelines for issuers of investment products relating to the disclosure of labour standards, environmental, social and ethical issues when making a decision about an investment. Partner Chris Schulz and Lawyer Naomi Lindsay examine the guidelines

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The manner in which we use and protect Australia's scarce water resources has been foremost in the minds of politicians in recent days. Partners Chris Schulz and Jim Parker and Lawyer Ashley Bleeker report on two landmark initiatives

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Our monthly roundup of key developments in environment and planning law throughout Australia. E&P News highlights new legislation and policy initiatives, important news and recent court decisions

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The Environment Protection Authority has released its guidelines on underground petroleum storage systems. Partner Chris Schulz and Lawyer Naomi Lindsay examine the implications for all Victorian owners and operators

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Our monthly roundup of key developments in environment and planning law throughout Australia. E&P News highlights new legislation and policy initiatives, important news and recent court decisions

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On 8 April this year, the Federal Court ruled that the referral of the proposed Scoresby Freeway, made by VicRoads to the Commonwealth Environment Minister under the Environment Protection Biodiversity and Conservation Act, was misleading. Partner Chris Schulz and Articled Clerk Kirsten Welsford analyse the outcome of a further hearing, held on 23 April

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The Victorian Government has announced its priorities for the water sector over the next four years. In order to achieve its goal of a sustainable and safe water supply, the government plans to continue introducing a range of reforms. Senior Associate Lauren Thompson looks at five Bills currently before Parliament in relation to the reform process

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Our monthly roundup of key developments in environment and planning law throughout Australia. E&P News highlights new legislation and policy initiatives, important news and recent court decisions

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In a case decided on 8 April 2003, the Federal Court found that the referral of the proposed Scoresby Freeway, made by the Victorian Government to the Commonwealth Environment Minister under the Environment Protection Biodiversity and Conservation Act, was misleading. Partner Chris Schulz and Lawyer Naomi Lindsay look at the ramifications of the ruling

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A recent Federal Court decision found parts of Victorian and NSW local government legislation constitutionally invalid because they authorised councils to impose rates and charges on land occupied by telecommunications cables. As AAR lawyer Rosemary Bryant-Smith explains, the decision shows the difficulties that can arise when rates and charges are imposed on utility companies that have changed from government entities to private enterprises

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The Queensland Government has released consultation drafts of proposed Bills to protect Aboriginal and Torres Strait Islander cultural heritage. As AAR Senior Associate Ben Zillmann and Lawyer Cathy Atkinson explain, the Bills will increase measures to protect Aboriginal cultural heritage

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The recent climate change talks in The Hague may have ground to a halt without any agreement, but reform is already a reality. The Australian energy sector, for one, is in rapid transition. Are you heading in the right direction?