Insights

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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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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The emergence of climate change law in New South Wales and beyond

In the recent NSW Land and Environment Court decision of Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 9 Chief Judge Preston, in performing the role of the consent authority of...

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Industry beware: New framework for clawing back proceeds of environmental crime in NSW

The NSW EPA has recently announced a new framework which can be used to force environmental offenders to pay back any profits which they have made due to their offending behaviour. This will be...

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Recent landmark case marks a significant change to the interpretation of waste laws in NSW

A recent decision handed down by Justice Pain of the Land and Environment Court has changed the way that waste laws in NSW are applied by overturning a seminal waste case and providing guidance on...

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Dramatic rise in Land and Environment Court penalties

JWS recently conducted an analysis of Class 5 proceedings determined by the Land and Environment Court (LEC) in the last five years.

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Big changes to Aboriginal Cultural Heritage in NSW are coming: Have your say on the Draft Cultural H

The NSW Government has recently released a draft Aboriginal Cultural Heritage Bill 2018 (ACH Bill) for consultation. The ACH Bill underpins a new framework for the management and conservation of...

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The future of the Murray Darling Basin Plan…. Will it survive?

A Royal Commission will shed some light on how the Muyrray-Darling Basin Plan can be improved, but all states and territories need to implement the plan for it to be effective.

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New State Environmental Planning Policy (SEPP) for the Remediation of Land

As part of a broader review of all SEPPs, the NSW Government has announced that it is reviewing the current SEPP 55 - Remediation of Land and the associated Contaminated Land Planning Guidelines.

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Water compliance and enforcement – a new Natural Resources Access Regulator in NSW

With the introduction of the new Regulator, we can expect an increased focus on compliance with water laws in NSW.

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