Insights

Commonwealth Nature Repair Bill passes: offsets are off the menu

Both houses of Parliament have now passed the Commonwealth Nature Repair Bill 2023 (Bill). The Bill received the Governor’s assent on 11 December 2023.

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Embracing the energy transition: NSW energy policy updates

The NSW Government has proposed a new draft Energy Policy Framework consisting of a number of guidelines and supplementary documentation to support a more streamlined decision making process for...

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Net zero in NSW: emissions reduction targets reach State Parliament

The NSW Government has introduced the Climate (Net Zero Future) Bill 2023 (Bill) to enshrine emissions reduction targets in law in New South Wales and establish a new Net Zero Commission to monitor...

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Independent review of the Biodiversity Conservation Act 2016 released

On 24 August 2023, the NSW Environment Minister Penny Sharpe, tabled the independent review (Report) of the Biodiversity Conservation Act 2016 (Act) in Parliament.

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Jubilee heads to the Federal Court over alleged climate reporting failures

Jubilee Australia Research Centre Ltd (Jubilee) have commenced proceedings against Export Finance Australia (EFA) and the Northern Australia Infrastructure Facility (NAIF) alleging contraventions...

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A captain for the energy transition ship: the Federal Government announces a new Net Zero Authority

On 5 May 2023, the Federal Government announced that it will legislate a new national Net Zero Authority (NNZA) to reduce national emissions and help industry, communities and workers manage the...

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Federal Government introduces new biodiversity credit market legislation

On 29 March 2023, the Commonwealth Nature Repair Market Bill 2023 (Bill) and related Nature Repair Market (Consequential Amendments) Bill 2023 were introduced to the House of Representatives by the...

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Consumers beware – risks exposed in the NSW EPA resource recovery exemption system

On 9 December 2022, the long-running prosecution of Grafil Pty Limited (Grafil) and its director Mr Mackenzie by the NSW Environment Protection Authority (EPA) came to an end with a unanimous...

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Major reforms on the horizon for Australia’s national environmental laws

Last week, the federal Government announced the most comprehensive set of proposed reforms to Australia’s national environmental laws since the Environment Protection and Biodiversity Conservation...

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Barossa Project paused due to Federal Court setting aside NOPSEMA decision

On 21 September 2022, Justice Bromberg of the Federal Court handed down his decision in Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2022] FCA...

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Federal environmental approvals for coal and gas projects under the spotlight

The Environment Council of Central Queensland via its legal representatives, Environmental Justice Australia (EJA), has recently requested that the federal Minister for the Environment revisit...

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Small plant sprouting out of soil
Greenwashing: Be careful - regulator concern intensifies at home and abroad

Investors’ growing appetite for environmentally and socially conscious companies and products has been met with increased concern about the many ESG claims made by companies. Regulators the world...

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A duty no more: Full Court rejects EPBC Act duty towards children in landmark appeal judgment

On 15 March 2022 the Full Court of the Federal Court of Australia handed down its eagerly anticipated appeal judgment in the Sharma case. Allsop CJ, Beach and Wheelahan JJ separately found that the...

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Incoming changes to the NSW environment protection scheme

The Environment Legislation Amendment Bill 2021 has now been passed by both houses of the NSW parliament and is awaiting assent. The Bill amends several pieces of environmental legislation...

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ESG ahoy: unpacking recent trends in modern slavery, human rights and energy

Companies are taking steps in the right direction when it comes to tackling governance and human rights issues in Australia through increased regulation in the modern slavery space, greater...

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Modern slavery in NSW: New laws set to commence in 2022

On 17 November 2021 the NSW Parliament passed the Modern Slavery Amendment Act 2021 (NSW) (2021 MS Act) making miscellaneous amendments to the Modern Slavery Act 2018 (NSW) (2018 MS Act) as...

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State Significant Agricultural Land Use Planning Policy

The NSW Government released a report prepared by the NSW Agriculture Commissioner, Mr Daryl Quinlivan, on Improving the Prospects for Agriculture and Regional Australia in the NSW Planning System...

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Release of NSW’s hydrogen strategy

On 13 October 2021, the NSW Government launched the NSW hydrogen strategy, establishing the Electricity Infrastructure Roadmap for the development of the state’s hydrogen industry.

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Landmark ruling against EPA will see change in climate change policy in NSW

On 26 August 2021, Chief Judge Preston of the Land and Environment Court of NSW handed down the decision in Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority...

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Stimulating biodiversity credit creation in NSW

Will the new approach to developer charges be the answer?

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Varying Development Standards: A Case for Change

The NSW Department of Planning, Industry and Environment (DPIE) is seeking feedback on its proposed reforms to clause 4.6 of the Standard Instrument – Local Environmental Plan (Standard Instrument)...

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Should creating environmental planning instruments be subject to greater Parliamentary oversight?

Last week, the Regulation Committee of the NSW Legislative Council announced it was conducting an inquiry into whether State Environmental Planning Policies, or SEPPs, should be made disallowable...

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One step closer to single-touch environmental approvals under the EPBC Act

Less than a month after the release of the Final Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), the Government has sought to...

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Federal Government releases Final Report of the independent review of the EPBC Act

A comprehensive agenda for reform comprising of 38 individual recommendations to be implemented over a two-year period has been delivered.

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All roads lead to renewables? New laws support NSW Electricity Infrastructure Roadmap

On 3 December 2020, the Electricity Infrastructure Investment Bill 2020 (NSW) (Renewables Bill) was assented to, which for many can be viewed as the final brick in the road towards a recalibration...

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