Our experienced Environment & Planning legal team regularly publishes articles and updates - the full list of publications appears below. These publications will keep you abreast of changes to requirements or standards, and inform you of relevant legal and non-legal news and how it affects your industry. If you'd like to be notified when we add new environment & planning publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
Read about our track record in environment
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- 03 July 2009
Focus: Interim report on the EPBC ActThe Review Panel appointed by the Federal Government to conduct an independent review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) has released an interim report. Partner Chris Schulz and Senior Associate Robyn Glindemann highlight some of the key comments made in the report and the issues being raised for consideration by the review panel
- 22 June 2009
Focus: Queensland's new Sustainable Planning BillThe Sustainable Planning Bill 2009 was recently introduced into the Queensland Parliament. The Bill will attempt to address the issues facing planning and development assessment in the State by standardising planning scheme provisions, addressing shortcomings in the development assessment process, introducing deemed approvals for certain types of development applications and giving the court increased powers to deal with development applications notwithstanding procedural errors that have occurred during the development assessment process
- 09 June 2009
Focus: Carbon capture and storage - environmental considerationsLast month, the Environment Protection and Heritage Council released the Environmental Guidelines for Carbon Dioxide Capture and Geological Storage - 2009. This followed the Federal Government's release of acreage and guidance notes for carbon capture and storage assessment under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) in March 2009. Partner Chris Schulz, Senior Associate Emily Gerrard and Lawyer Sarah Dynon explore the environmental and planning issues relevant to applications for assessment permits under the Offshore Petroleum and Greenhouse Gas Storage Act
- 24 April 2009
Client Update: New vegetation clearing restrictions in QueenslandThe Queensland Government has announced a moratorium restricting the clearing of endangered regrowth vegetation and certain riparian regrowth vegetation for up to six months from 8 April 2009, and legislation to give it legal effect was introduced into Parliament on 22 April. It is expected that this is a precursor to ongoing regulation of endangered regrowth and riparian vegetation. Partner Bill McCredie and Senior Associate Simon Batten report
- 15 April 2009
Client Update: Mining now under jurisdiction of NSW Land and Environment CourtFrom 7 April 2009 all mining legal proceedings under the Petroleum (Onshore) Act 1991 (NSW) and Mining Act 1992 (NSW) must be commenced in the Land and Environment Court of NSW. Partner Paul Lalich and Lawyer Brooke Newell outline the Land and Environment Court's new jurisdiction and procedure for such matters
- 08 April 2009
Focus: High Court declares council compulsory acquisition unlawfulA recent High Court of Australia decision has found that a proposed compulsory acquisition of land by Parramatta City Council was unlawful. Partner Paul Lalich and Lawyer Brooke Newell review the decision
- 27 March 2009
Client Update: NSW Nation Building and Jobs Plan legislationThe Parliament of NSW has just passed legislation to ensure the timely delivery of Commonwealth-funded infrastructure projects under the Nation Building and Jobs Plan, to reduce the impact of the global economic recession on Australia. Partner Paul Lalich and Lawyer Brooke Newell report
- 18 February 2009
Client Update: Fast tracking planning approval in VictoriaThe Victorian Government has announced its intention to fast-track development projects and introduce new major projects legislation as part of its agenda for 2009. Partners Chris Schulz, Paul Lalich and Bill McCredie and Senior Associate Emily Gerrard look at recently announced reform initiatives for planning and environmental approvals in Victoria
- 16 October 2008
Focus: Environment & PlanningFederal 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
- 30 September 2008
Client Update: Climate ChangeThe 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
- 25 September 2008
Focus: PlanningAmendments 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
- 05 September 2008
Client Update: Climate ChangeProfessor 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
- 15 August 2008
Focus: Real EstateA 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
- 07 August 2008
Focus: Climate ChangeIn 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
- 24 July 2008
Focus: Climate ChangeFollowing 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
- 08 July 2008
Focus: Climate ChangeFollowing 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
- 04 July 2008
Client Update: Climate ChangeThe 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
- 03 July 2008
Client Update: EnvironmentA 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
- 05 June 2008
Focus: Environment & PlanningThe 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
- 02 June 2008
Focus: Environment & PlanningThe 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
- 04 March 2008
Focus: PlanningThe 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
- 23 January 2008
Focus: PlanningThe 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
- 16 November 2007
Focus: PlanningThe 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
- 25 September 2007
Focus: Environment & PlanningThe 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
- 21 September 2007
Client Update: PlanningLess 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
- 04 September 2007
Focus: ResourcesNew 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
- 31 August 2007
Client Update: PlanningTwelve 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
- 29 August 2007
Focus: Climate ChangeThe 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
- 28 August 2007
Focus: Climate ChangeIn 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.
- 20 August 2007
Focus: Climate ChangeThe 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
- 16 August 2007
Client Update: PlanningThe 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
- 14 June 2007
Focus: Environment & Climate ChangeSince 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.
- 04 June 2007
Focus: Environment & PlanningNew 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
- 01 June 2007
Client Update: Climate ChangeThe 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
- 08 May 2007
Focus: Aboriginal Cultural HeritageOn 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
- 13 April 2007
Client Update: Environment & PlanningOn 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
- 12 April 2007
Focus: Climate Change LitigationPartner 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
- 28 March 2007
Client Update: Environment & PlanningThe 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
- 27 March 2007
Focus: EnergyIn 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
- 20 March 2007
Focus: ResourcesAs 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
- 16 March 2007
Focus: ResourcesAgainst 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
- 14 March 2007
Focus: Environment & PlanningThe 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
- 01 March 2007
Client Update: EnergyThe 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
- 16 February 2007
Client update: ResourcesIn 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
- 24 January 2007
Focus: Environment & PlanningOn 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
- 22 January 2007
Focus: Environment & PlanningThe 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
- 05 January 2007
Focus: Environment & PlanningOn 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
- 04 December 2006
Focus: Corporate ResponsibilityOn 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
- 19 September 2006
Focus: Environment & PlanningAfter 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
- 15 September 2006
Focus: EnergyThe 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
