What is a “right to mine” and what is an “infrastructure facility” in the Native Title Act?

The High Court has delivered its decision in Harvey v Minister for Primary Industries and Resources [2024] HCA 1.

seascape image
Mandatory climate-related financial disclosure – exposure draft legislation released for comment

Treasury has released an exposure draft of its CRFD legislation for public comment. This is the next step towards introducing mandatory and standardised CRFD for medium and large listed and...

sustainable green building
Climate-related financial disclosure Q&A on exposure draft legislation

This short Q&A explains what is in the 12 January 2024 exposure draft legislation.

aerial shot of water and grassland
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.

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...

mining landscape
Due diligence, assignment clauses – consent ‘not to be unreasonably withheld or delayed’

A recent Supreme Court decision in New South Wales provides timely guidance on how a Court will approach whether a person has unreasonably withheld consent to assignment and how long proceedings...

Multi-coloured clouds in the sky
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...

aerial shot of clouds
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.

vast green landscape contrasted with sand/dirt
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...

Green trees
Climate-related shareholder activism: legal claim against Shell directors falls at first hurdle

On 12 May, the UK High Court refused permission for environmental group ClientEarth to continue its claim against the directors of Shell plc (Directors) for their alleged failure to manage climate...

A bushy green tree with a bright blue sky in the background
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...

Bird eye view of people walking across a wooden bridge surrounded by an abundance of trees and Forrest
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...

Birds eye view of the ocean meeting the land with a dirt road in between
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...

Environment & Climate Regulation 2023: Lexology GTDT

Partner William Oxby and Associate Jessica Day chapters in Environment 2023 and Climate Regulation 2023 in Lexology's Getting The Deal Through have recently been published.

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...

A small plant sprouting from soil
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...

Windmill on a farm
Further on noise, nuisance, compliance and letters of comfort

The decision in Noel Uren and John Zakula v Bald Hills Wind Farm Pty Ltd [2022] VSC 145 confirms that compliance with the conditions of an approval does not necessarily mean that a project...

A single lightbulb hanging down.
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...

Image of plant leaves.
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...

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...

Two silver chains, meet and are connected by a gold padlock.
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...

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...

Changes to the ‘right to negotiate’ process under the Native Title Act

On 25 September 2021 the remaining amendments from the Native Title Legislation Amendment Act 2021 (Cth) (Amending Act) commenced.

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.

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...