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. ...

Having sound infrastructure is vital to every country's development and its citizens' quality of life. Countries need reliable infrastructure to connect supply chains and efficiently move goods and services across borders. They also need reliable health, education, and connectivity infrastructure to help their people thrive. In this Report, we look at the current status of the infrastructure market, with a focus on particular sectors. We also examine key regulatory and structuring issues affecting project developers and financiers. ...

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

The recent Victorian case of Hartman1 demonstrates the potential stamp duty dangers of relying on nominee clauses in transactions involving land (or other dutiable property). The VCAT decision highlights the importance of settling, if possible, on the identity of the ultimate transferee prior to execution of a contract and, above all, the need for developers and other purchasers of land to seek advice before relying on a nominee clause or otherwise seeking to transfer title to a third party. ...

The widely anticipated draft Design and Place SEPP has now been publicly exhibited and contains some surprising departures from last year's Explanation of Intended Effects. The question is whether it achieves the goal to ‘simplify and consolidate… good design in NSW'. ...

The Environmental Planning and Assessment Regulation 2021 (2021 Regulation) comes into effect on 1 March 2022. Here, we explain the key things you need to know to prepare yourself for these changes. ...

Alongside record flows into sustainable funds and investments, growing attention on ESG presents opportunities and challenges for investors and fund managers alike. Watch our latest video on key steps to harnessing the opportunities and mitigating the risks that ESG investing brings. ...

The release of the new LEP guideline in December 2021 was the first step towards major rezoning reform.  The second step - outlined in a discussion paper by the Department of Planning and Environment (DPE) aims to rewrite the rulebook. Here, we explore the changes already made, as well as those open for comment. ...

In late 2021, extensive planning reform proposals were announced across a range of policy areas. In this series of Insights, our Planning and Environment team will cover what you might’ve missed, and the key points to consider when preparing submissions and responding to these reforms. ...

NSW mine operators should closely monitor the trends emerging from planning and court decisions, particularly operators with upcoming expansions or new projects that will require new or modified approvals. It is also important for mine operators to be across the numerous pending legal reforms which will come into effect in 2022 and ensure they are complying with the new requirements. ...