We review the Federal Government's long-awaited response to Professor Graeme Samuel's 2020 review of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), titled 'Nature Positive Plan: better for the environment, better for business'. ...

The decision was the first of its kind in relation to the Native Title Protection Conditions (NTPCs), which are conditions that apply to many exploration permits in Queensland. The decision will have implications for explorers with exploration permits granted subject to the NTPCs, and provides guidance on what are reasonable recommendations a native title party can make regarding exploration activities undertaken pursuant to the conditions. ...

The NSW Environment Protection Authority (the EPA) recently released a draft Climate Change Policy (the policy) and Action Plan 2022–25 (the plan) for public consultation. In this Insight, we look at three key measures proposed in the plan that could have a significant impact on industry. ...

In news that will be of particular interest to petroleum titleholders and prospective titleholders in Western Australia, the Department of Mines, Industry Regulation and Safety has released a draft discussion paper outlining expectations for the decommissioning of onshore and state waters petroleum assets. Submissions on the Draft Discussion Paper close on 18 November 2022. ...

The Queensland Government has released a working draft of its 30-year vision for the state Special Counsel Rosanne Meurling looks at those aspects of the plan that are relevant to development ...

The new Environment Protection Act 2017 (Vic) (the EP Act) brings a raft of changes, including introducing direct third-party enforcement rights. Eligible people will be able to bring actions against individuals and businesses they claim are in breach of the new Act from 1 July 2022. This Insight outlines the key things companies should know about the third-party enforcement rights regime. ...

As businesses continue to focus on ESG it's important to be aware of potential competition and consumer law risks, including misleading environmental claims and anti-competitive industry collaboration. After watching this short Video, you will have a clear understanding of both of these issues and some of the practical steps you can take to prevent these risks. ...

This week the Planning Minister Richard Wynne introduced a Bill to amend the Victorian planning legislation to make the number of objections a planning application receives a relevant factor when considering whether a proposed use or development may have a significant social effect Will this improve ...

The recently passed Environmental Legislation Amendment Act 2022 (NSW) (the Amendment Act) exposes directors and managers of companies to additional criminal and civil liability for breaches of environmental laws. It is now more important than ever that companies have robust processes in place to ensure they are operating in an environmentally satisfactory manner. It is also critical for directors and managers (and those who advise directors and management) to understand their potential exposure to criminal liability for actions taken (or not taken) by companies. ...

In this Insight, we examine recent changes to state environmental planning policies (SEPPs), and ask whether they achieve the stated objectives. ...