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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- 19 August 2010
Focus: Unauthorised clearing of native vegetation punishable by jail timeIn a recent decision, the Supreme Court of Western Australia sentenced a farmer to three months' jail for contempt of court involving the breach of an interim injunction restraining the clearing of native vegetation without a permit. Special Counsel Robyn Glindemann and Law Graduate Kate Naude report
- 13 August 2010
Audio: DA laws to boost retail competition in NSWRetailers in New South Wales could find it easier to open new stores under a draft State Environment and Planning Policy. Partner Paul Lalich speaks to Boardroom Radio about the potential impact on NSW retailers and landowners under the policy
- 31 May 2010
Client Update: Lapsing of development consents in NSWThe NSW Government passed legislation on 26 May 2010 that amends the Environmental Planning and Assessment Act 1979 (NSW) to mandate a maximum five-year lapsing period for all development consents in the state. Partner Paul Lalich and Lawyers Brooke Newell and Tom Cregan discuss what will change with the new legislation
- 27 May 2010
Client Update: Growth management and infrastructure initiatives for QueenslandQueensland Premier Anna Bligh yesterday announced significant changes to Queensland's infrastructure and development planning frameworks, in response to projected population growth figures. Partners Ren Niemann and Bill McCredie and Senior Associate Nicholas Ng look at what is proposed
- 29 April 2010
Client Update: Changes to exploration licences and land access arrangements in NSWLegislation has been introduced into NSW Parliament to overcome the difficulties caused by a recent NSW Supreme Court decision which called into question the validity of land access arrangements for mining and petroleum exploration that did not have consent of all 'landholders', being those with registered interests on title such as mortgagees and easement holders who did not have any right to possession of that land. Partner Jim Parker and Lawyer Tom Cregan report
- 22 April 2010
Client Update: Legislative changes to management of CSG water in QueenslandSince our recent Focus on the Queensland Government's coal seam gas water management policy, proposed legislation has been released that will place significant new obligations and restrictions on existing coal seam gas environmental authority holders and applicants that were not announced in the initial policy - including a prohibition on evaporation ponds and new environmental management plans. Partner Bill McCredie and Senior Associate Suzanne Westgate report
- 13 April 2010
Focus: Coal seam gas water management in QueenslandFollowing the release of its Management of Water Produced from Coal Seam Gas Production Discussion Paper in May 2009, the Queensland Government has issued its overarching guidelines on the management of coal seam gas activities and the beneficial use of coal seam gas water. As a follow up to our audio update Partner Bill McCredie, Special Counsel Philip Murray and Senior Associate Suzanne Westgate report on the Beneficial Use Guideline
- 08 April 2010
Client Update: Federal stimulus - one year on in NSWOne year after the introduction of legislation in NSW to ensure the timely delivery of Commonwealth-funded infrastructure to reduce the impact of the global financial crisis, NSW Premier Kristina Keneally has announced a review to consider extending and expanding the legislation to cover other significant infrastructure projects in NSW. Partner Paul Lalich and Law Graduate Madeleine Ellicott report
- 06 April 2010
Audio: CSG water guidelines releasedThe Queensland Government has recently released guidelines and model conditions pertaining to the environmental aspects of coal seam water use from gas projects. Partner Bill McCredie speaks to Boardroom Radio about the new guidelines and the opportunities for the use of water stemming from coal seam gas projects
- 30 March 2010
Audio: Extended fast track infrastructure assessments proposedThe Federal Government is looking to extend the legislation that allows the fast tracking of infrastructure projects funded by the stimulus package. Partner Paul Lalich speaks to Boardroom Radio about how the fast tracking of these projects works and the risks involved
- 16 March 2010
Focus: Victorian coastal climate change - issues and options paperThe Victorian Government's Advisory Committee on Coastal Climate Change has published an issues and options paper to stimulate debate about how the land use planning system should respond to climate change on the coast. Partner Chris Schulz and Senior Associate Meg Lee report
- 12 March 2010
Focus: Exploration licences and land access arrangements in NSWIn a recent judgment, the Supreme Court of NSW considered the validity of land access arrangements where not all those with an interest in the property (in this case, the mortgagees) had been notified of the licence holder's intention to obtain access arrangements, nor were the mortgagees party to such arrangements. Partner David Maloney and Senior Associate Georgina Cowdroy report
- 02 March 2010
Client Update: Agriculture v mining - Queensland moves to protect key cropping landTo ensure key food-producing land in Queensland is protected in the long term, the Queensland Government has created a new policy and planning framework for how other forms of development, such as mining and urban development, are to be undertaken on 'strategic cropping land'. Project proponents with 'incompatible' uses on declared strategic cropping land may find their projects cannot proceed. Partner Ben Zillmann and Senior Associate Rochelle Carey examine some of the key elements to the policy
- 24 February 2010
Focus: Valuation of land - new retrospective amendmentsThe Queensland Government recently introduced contentious new legislation into Parliament which has sparked concern in a property industry still feeling the effects of the global financial crisis. Partner Bill McCredie and Lawyer Eve Lynch report
- 10 December 2009
Client Update: Property developers prohibited from making political donationsIt will be an offence for a property developer to make a political donation if the person knows that the act is unlawful, following amendments to the Election Funding and Disclosures Act 1981 (NSW). It will also be unlawful for a person to accept a political donation from a property developer, as Partner Jim Parker and Lawyer Brooke Newell review the Bill
- 07 December 2009
Client Update: Failure to comply with zoning invalidates Part 3A projectThe NSW Land and Environment Court has voided a project approval for a regional gun club and shooting complex under Part 3A of the Environmental Planning and Assessment Act 1979, as part of the project was impermissible under zoning laws in a local environmental plan. Partner Jim Parker and Law Graduate Madeleine Ellicott review the decision
- 01 December 2009
Client Update: New WA approvals legislationIf the Approvals and Related Reforms (No 1) (Environment Bill) 2009 is passed, it will streamline appeal provisions and decision-making processes in Western Australia. Senior Associate Robyn Glindemann and Lawyer Jessica D'Souza report.
- 25 November 2009
Client Update: WA planning reform Bill introducedA Bill that reflects recent proposals for major planning reform has been introduced into the Western Australian Parliament. Senior Associate Robyn Glindemann and Law Graduate Joseph Freeman report.
- 23 November 2009
Focus: Modification to Part 3A project approvals in NSWThe NSW Court of Appeal has clarified the Minister for Planning's power to grant modifications to Part 3A projects under section 75W of the Environmental Planning and Assessment Act 1979 (NSW). Partner Jim Parker and Lawyer Brooke Newell review the court's decision in Barrick Australia Ltd v Williams and comment on potential implications for Part 3A modification applications
- 27 October 2009
Focus: Infrastructure contribution for development projectsThe Victorian Government has released the draft Planning and Environment Amendment (Growth Areas Infrastructure Contribution) Bill for comment by Monday, 2 November. The draft Bill proposes to introduce the Growth Areas Infrastructure Contribution for development projects and acquisitions in growth areas, in order to fund infrastructure in them. Partner Chris Schulz and Lawyer Swee Leng Harris report
- 12 October 2009
Client Update: Queensland regrowth vegetation legislationThe Queensland Government has introduced legislation that will provide ongoing regulation of the clearing of certain regrowth vegetation in Queensland. The legislation replaces the moratorium on clearing certain regrowth vegetation that has been in operation since April 2009. Partner Bill McCredie and Senior Associate Simon Batten report
- 01 October 2009
Focus: Major planning reform proposals in WAThe WA Department of Planning and the Western Australian Planning Commission have recently released papers seeking public comment on proposals for major planning reform in Western Australia. Senior Associate Robyn Glindemann and Law Graduate Joe Freeman highlight the key aspects of the proposals
- 24 September 2009
Focus: Bias in approval process in NSWThe NSW Land and Environment Court recently overturned the Minister for Planning's approval for the development of land at Catherine Hill Bay on the grounds that there was a reasonable apprehension of bias on the part of the Minister, and that the Minister took irrelevant considerations into account in the decision-making process. Partner Paul Lalich and Law Graduate Joanne Been report
- 23 September 2009
Focus: Victorian transport projects facilitation legislationNew legislation intended to fast-track planning, environment and heritage approvals for major transport projects by creating a single, streamlined assessment process has been passed in Victoria. Partners Chris Schulz and Paul Kenny, Senior Associate Emily Gerrard and Law Graduate Elizabeth Sheargold examine the legislation, which also includes giving public authorities responsible for implementing major transport projects increased project delivery powers
- 22 September 2009
Client Update: Costs capped in public interest caseIn a landmark decision, the NSW Land and Environment Court has granted a protective costs order to an environmental group undertaking civil enforcement proceedings against the operators of a power station, capping the costs recoverable by either party to $20,000. Partner Paul Lalich and Law Graduate Madeleine Ellicott review the decision and comment on its possible implications for costs orders in public interest proceedings
- 06 August 2009
Client Update: Draft South East Queensland Climate Change PlanThe Draft South East Queensland Climate Change Management Plan, which proposes actions to implement the climate change policies in the new South East Queensland Regional Plan, was recently released for public comment. Partner Bill McCredie, and Senior Associates Suzanne Westgate and Simon Batten report
- 05 August 2009
Client Update: South East Queensland Regional Plan - key changesThe new South East Queensland Regional Plan 2009-2031 has been released and, subject to regular monitoring and review, is expected to manage population growth and change to 2031. Partner Bill McCredie and Senior Associate Anna Vella report on the key changes
- 05 August 2009
Client Update: Overview of the new South East Queensland Regional PlanPartner Bill McCredie and Senior Associate Anna Vella report on the key aspects of the South-East Queensland Regional Plan 2009-2031
- 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
