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Publications
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
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For publications in other legal areas see our
recent publications page.
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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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