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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- 27 January 2012
Focus: Every wind farm needs good neighbours: NSW unveils 'toughest' wind farm guidelinesWind farm applicants will need to meet stringent approval requirements, relating to community protection, under tough new draft guidelines. Partner Jim Parker and Lawyer Rebecca Linquist report
- 27 January 2012
Focus: Changes to bulky goods retailing in VictoriaRecent amendments to Victorian Planning Schemes expand opportunities for those involved in the retailing of bulky goodsand create potential for greater retail competition. Special Counsel Meg Lee and Lawyer Katherine Kirby report
- 10 January 2012
Focus: Greater environmental notification obligations in QueenslandCompanies and individuals involved in activities in Queensland that have the potential to impact on the environment should be aware that the duty to notify of environmental harm has been expanded by recent legislative amendments. Partner Bill McCredie, Lawyer Gobind Kalsi and Summer Clerk Sarah Hampson outline the changes
- 22 December 2011
Focus: Urban Restricted Areas to be formalised for resources activities in QueenslandResource developers in Queensland will need to be aware of potential constraints to their activities as a result of recently proposed legislative amendments that will place permanent restrictions on carrying out resource activities (including mining) in close proximity to urban communities. Partner Bill McCredie, Senior Associate Anna Vella and Lawyer Gobind Kalsi look at the proposed changes
- 09 December 2011
Focus: The way ahead for planning in NSW?Developers, decision-makers and the public, who could be affected by an overhaul of the NSW planning system, have the chance to help shape the new regime, through the release of an issues paper that invites feedback. Partner Paul Lalich and Lawyer Andrew McGovern report
- 01 December 2011
Focus: Draft Murray-Darling Basin Plan releasedThe Draft Murray-Darling Basin Plan, released this week, marks a major shift in the management of water resources towards providing more water for the environment, but significantly less than was proposed last year. Partner Chris Schulz and Lawyer Fergus Green report
- 29 November 2011
Focus: The Queensland floodplain: fertile ground for land use planning reformIn response to the Queensland floods last summer, scrutiny has fallen on the existing regulatory regime for development in floodplains and its shortcomings. Before the Queensland Floods Commission of Inquiry delivers its findings in the new year, an interim planning response has been implemented. Partner Bill McCredie and Lawyer Michael Zissis describe the implications of the interim policy and predict further reform of land use planning controls in Queensland's floodplains
- 24 November 2011
Focus: Significant changes to NT mining regulationRecent changes to mining legislation in the Northern Territory flag greater government intervention in, and oversight of, environmental failures in the territory's mining operations. Partner Chris Schulz, Senior Associate Emily Gerrard and Law Graduate Katherine Kirby look at the changes that now also include criminal sanctions for environmental offences
- 28 October 2011
Client Update: Queensland reforms reduce 'green tape' burdenIn a bid to reduce the 'green tape' burden on business, major reforms of the Queensland environmental assessment and approvals regime have been introduced, and will impact on businesses including the manufacturing, waste management, mining and resources sectors. Partner Bill McCredie and Senior Associate Eve Lynch report on the significant changes that are proposed
- 27 September 2011
Focus: WA's first-in/first-served water policy under reviewLicenced waterusers in Western Australia should be aware that the WA Department of Water is reviewing its current water allocation policy. Partner Jodi Reinmuth and Special Counsel Robyn Glindemann look at the Department's recently released discussion paper on the issue
- 22 September 2011
Focus: Review of Victoria's Aboriginal heritage legislationDevelopers and land managers need to be aware of the Victorian Government's review of its Aboriginal heritage legislation which is aimed at improving its efficiency and effectiveness. Partner Chris Schulz and Senior Associate Emily Gerrard look at the review in more detail
- 01 September 2011
Focus: Federal response to Hawke EPBC Act reviewThe Federal Government has released its formal response to the independent review of the Environment Protection and Biodiversity Act 1999 (Cth). While the review's recommendation to replace the current Act and start afresh was rejected, the Government has accepted the majority of its recommendations. Special Counsel Robyn Glindemann and Lawyers Robert Merriam and Michael Zissis report
- 30 August 2011
Focus: The evolving landscape for Victorian wind farmsAn amendment yesterday to all Victorian Planning Schemes further implements the government policy to restrict the locations for development of wind farm projects in Victoria. Amendment VC82, like VC78 in March this year, has the potential to limit development of further wind farms in Victoria and will also impact on already approved wind farms if changes are required to plans or permit conditions. Partner Chris Schulz and Senior Associate Meg Lee report
- 23 August 2011
Focus: Proposed State Environmental Planning Policy (State and Regional Development) 2011The O'Farrell government has promised sweeping changes to New South Wales' planning laws, most notably the repeal of Part 3A of the Environmental Planning & Assessment Act 1979 (NSW). We have already seen the Environmental Planning and Assessment Amendments (Part 3A Repeal) Act 2011 (NSW) receive assent on 27 June 2011.The latest move is the release of the draft State Environmental Planning Policy (State and Regional Development) 2011 on 18 August 2011.The proposed SEPP identifies development that will be State significant development, State significant infrastructure and critical State significant infrastructure. Partner Jim Parker and Lawyer Lara Neate report
- 01 July 2011
Focus: Sisters Wind Farm subject to new planning regime for wind farmsA recent decision in the Victorian Civil and Administrative Tribunal in relation to a wind farm has ruled on an important question of law that will have significant consequences for all developers operating in Victoria. It confirmed that the laws that apply if a case is returned from the Supreme Court are the laws that are applicable at the date the Tribunaldecides the case following remittal, rather at the date of the first Tribunal hearing. Partner Michael Graves, Senior Associate Meg Lee and Lawyer Tristan Moseby report
- 21 June 2011
Focus: Repeal of Part 3AThe NSW Legislative Assembly has recently introduced legislation to repeal Part 3A of the Environmental Planning and Assessment Act 1979 (NSW), creating a new system for assessing projects of State significance. Projects previously dealt with under Part 3A will now be classified as either State significant development or State significant infrastructure. The legislation also makes changes to the Planning Assessment Commission, and increases the value threshold for general development being sent to the joint regional planning panels. Partner Paul Lalich and Law Graduate Tom Tian report
- 16 June 2011
Focus: Mitigation expenses claimable before subsidence in NSWThe High Court has recently ruled that owners may claim compensation from the Mine Subsidence Compensation Fund for expenses incurred in preventing or mitigating subsidence-caused damage to improvements, even if subsidence had not yet actually occurred. The decision overturns the previous law, which required owners to wait for subsidence to occur in order to qualify for compensation. Partner Paul Lalich and Law Graduate Tom Tian report
- 15 June 2011
Client Update: New strategic regional land use policy in NSWA range of new initiatives introduced by the NSW Government will have important ramifications for land use in regional areas, particularly for the coal mining, coal seam gas and petroleum exploration industries. Partner Paul Lalich, Lawyer Swee Leng Harris and Law Graduate Julia Dean outline the new transitional arrangements the State Government has put in place as the first stage in the implementation of their Strategic Regional Land Use Policy
- 14 June 2011
Client Update: VicUrban replaced by new authorityDevelopers and investors should be aware of the creation of a new authority to replace VicUrban, as part of the Victorian Government's recent package of reforms intended to improve the efficiency of the planning system. Partner Chris Schulz, Senior Associate Meg Lee and Law Graduate Katherine Kirby report on the new Urban Renewal Authority Victoria, whose purpose will be the renewal of urban brownfields, rather than the development focus of its predecessor
- 02 June 2011
Client Update: Changes to Part 3A approvals in NSWNew legislative amendments just published in NSW will have important ramifications for major development approvals in that state. Partner Paul Lalich, Lawyer Swee Leng Harris and Law Graduate Julia Dean explain how these changes will affect the application of Part 3A of the Environmental Planning and Assessment Act 1979 (NSW)
- 27 May 2011
Client Update: Report on Australian planning law releasedThe Productivity Commission recently released its final report examining Australia's current planning law. Partner Paul Lalich, Lawyer Swee Leng Harris and Law Graduate Tom Tian discuss its findings
- 20 May 2011
Focus: Legal certainty for environmental offsets in QueenslandThe power of administering agencies in Queensland to impose offset conditions on development approvals or other approvals for activities which impact on the environment has been confirmed in recent legislative amendments. Partner Bill McCredie and Lawyer Faheem Anwar look at the offsets provisions the new legislation introduces
- 17 March 2011
Focus: New landscape for Victorian wind farmsA recent amendment to all Victorian Planning Schemes will significantly change the landscape for assessing and approving wind farm projects in Victoria. Amendment VC78 has the potential to limit development of further wind farms in Victoria and may also impact on already approved wind farms if changes are required to plans or conditions. Partner Chris Schulz and Senior Associate Meg Lee report
- 21 December 2010
Focus: Legislating the protection of Queensland's groundwater from the impact of the petroleum industryNew Queensland legislation will trade off greater protection of groundwater resources against greater regulation and compliance costs for petroleum tenure holders. Partner Bill McCredie and Lawyer Michael Zissis look at the legislation, which is partly aimed at resolving some of the issues associated with the increasingly rapid growth of the liquefied natural gas industry
- 26 November 2010
Focus: The Montara oil spill reportThe inquiry into Australia's worst oil spill to date is not only critical of the company that operated the well but also the regulatory body responsible for overseeing its operations. Partner Igor Bogdanich and Law Graduate Robert Merriam look at the recommendations of the Report of the Montara Commission of Inquiry and the Federal Government's draft response
- 25 November 2010
Focus: Carbon Farming InitiativeThe Federal Government has released a consultation paper on the design of a scheme for the recognition and accreditation of land-based greenhouse gas abatements. This scheme, known as the Carbon Farming Initiative, will enable landholders and others to create tradable carbon credits from projects that reduce or sequester greenhouse gases.Partner Grant Anderson reports on the proposals
- 05 November 2010
Focus: Mine closure plans to be required for WA mining proposalsA mine closure plan will be a precondition of a mining lease being granted in WA, impacting not only on new mining proposal applications but on previously approved mining proposals and existing mining operations. Partner Gerard Woods, Special Counsel Robyn Glindemann and Law Graduate Melanie Rifici report
- 01 November 2010
Client Update: New Queensland State Planning Policy announcedA new Queensland State Planning Policy that seeks to manage development where there are conflicts between industrial and 'sensitive' land uses has been released. Partner Bill McCredie and Lawyer Michael Zissis examine the policy's implications for future development
- 13 October 2010
Focus: Murray-Darling Basin Plan Guide releasedA landmark guide to the proposed Murray-Darling Basin Plan marks a major shift in the management of water resources towards providing more water for the environment and less for consumers. Partner Chris Schulz, Senior Associate Kate Axup and Lawyer Fergus Green examine the Guide's key implications for the use and management of water in the Basin
- 07 September 2010
Focus: Planning for vulnerable Victorian coastal communitiesRecent decisions by the Victorian Civil and Administrative Tribunal have grappled with the difficult scenario of whether to permit intensified development in coastal areas known to be at risk of future flooding from climate change. The results appear dependent upon the status of broader infrastructure adaptation and mitigation actions by councils. The role of water authorities has also come under scrutiny.Partner Chris Schulz and Senior Associate Meg Lee report.
- 03 September 2010
Client Update: New Qld land valuation regimeThe much anticipated Land Valuation Bill 2010, which provides a new regime for the valuation of land for the purposes of calculating land tax, land rental (for state land) and the making and levying of local government rates, has been introduced into Parliament. If passed, it will mean a new direction for Queensland valuation law. Partner Bill McCredie and Senior Associate Eve Lynch report on the significant changes the Bill proposes
- 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
