Insights

Queensland Government introduces further mine rehabilitation reforms

Recent amendments to the Environmental Protection Act 1994 (Qld) (EP Act) further reform the mine rehabilitation regime in Queensland.

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A single-touch approach to environmental approvals: First tranche of EPBC Act reforms introduced

This latest review commenced on 19 October 2019 and examines the operation of the EPBC Act and the extent to which its objectives have been achieved.

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Modern slavery reporting in Australia: COVID-19 and other updates

Deadlines to lodge your Modern Slavery Statement(s) have now shifted to account for the disruption and complications caused by COVID-19.

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Water Regulator flexes its muscles in NSW prosecution against Whitehaven

The introduction of the NSW Natural Resources Access Regulator (NRAR) in 2017 marked a shift towards far greater scrutiny of compliance by water users with the complex web of water laws and...

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Independent review of the EPBC Act

Earlier this week, Professor Graeme Samuel AC released his Interim Report of the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act).

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Aboriginal Heritage Act Reform

The blasting at Juukan Gorge, which has received considerable media coverage during the past month, has again brought to the fore what some regard as apparent issues with the Aboriginal Heritage...

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The NSW Government provides clarity on its position on the future of coal exploration and mining

The NSW Government published a ‘Strategic Statement on Coal Exploration and Mining in NSW’ (Statement) which provides much needed clarity for the coal industry and the community in relation to the...

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Investors give bright spark to first Renewable Energy Zones in NSW

The NSW Government has received a highly positive response from investors following the plans to release the first renewable energy zone in New South Wales.

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The convergence of human rights law and environmental and climate change litigation in Australia

In the past 18 months the Australian legal landscape has seen novel challenges to planning decisions in the area of greenhouse gas impacts of projects and the resulting impact on climate change...

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A shake up of planning and development laws in New South Wales

The COVID-19 pandemic has spurred a considerable amount of recent activity by Planning Ministers all over Australia. This article provides an overview of these recent activities as well as an...

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Climate Change Litigation and international litigation trends

There has been a substantial uptick in novel climate change litigation in Australia, particularly in the Federal Court of Australia and the Land and Environment Court of NSW.

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Biodiversity Offset and Credit Schemes

A biodiversity offset is a measure used to compensate for impacts on biodiversity resulting from development or vegetation clearing if there are no other means available to avoid, mitigate or...

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Waste, resource recovery and recycling

In Australia, waste management and resource recovery is primarily the responsibility of state and territory governments.

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Offshore Renewable Electricity

On 2 December 2021, the Commonwealth Parliament enacted the Offshore Electricity Infrastructure Act 2021 (Act) to establish a regulatory framework for the construction, installation, commissioning,...

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Modern Slavery

At its simplest, modern slavery is any instance of slavery, servitude or forced labour to exploit children or other persons which may occur in the supply chains or internal operations of government...

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Business and Human Rights in Australia

The proliferation of rights language in the corporate sphere is a relatively new phenomenon, however traces of it can be seen over the centuries.

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Climate change and COP26

World leaders met at Glasgow for the 26th annual Climate Change Conference of the Parties for the purpose of accelerating the goals of the Paris Agreement and UNFCCC.

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WA EPA releases its revised guideline on the assessment of greenhouse gas emissions

The EPA has released an updated guideline on its approach to GHG emissions assessment.

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Update on Regulation of the Resources Sector

The Productivity Commission (Commission) has released its draft report on Resources Sector Regulation, inviting submissions from the public and affected stakeholders on its proposed findings and...

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Polluter pays? Draft Financial Assurance Guideline and Policy out now for consultation

In March 2020 the NSW EPA released its Draft Financial Assurance Policy (Policy) and Draft Guideline on Estimating Financial Assurances: Independent Assessment of Costs (Guideline) for public...

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Resources sector revamp? Productivity Commission announces 12-month review

On 5 August 2019 the Federal Resources Minister, Matt Canavan MP announced that the Productivity Commission will conduct a 12-month review of the regulation of the resources sector.

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Modern slavery laws in Australia and New South Wales: a ‘how to’ guide for organisations

These new legislative regimes in Australia have been largely inspired by existing modern slavery and transparency legislation in the UK and the USA.

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Mabo, Wik, and now ‘Griffiths’: the endorsement by the High Court of compensation for cultural loss

First there was Mabo, then there was Wik. Now, as of 13 March 2019, we have Northern Territory v Griffiths (dec’d) (on behalf of the Ngaliwurru and Nungali Peoples) [2019] HCA 7 (Griffiths...

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WA Environmental Protection Authority updates its approach to the assessment of GHG emissions

On 7 March 2019, the Western Australian Environmental Protection Authority (EPA) released its ‘Environmental Factor Guideline – Greenhouse Gas Emissions' and ‘Technical Guidance – Mitigating...

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