Professor Graeme Samuels has released the Final Report on the Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), finding that Australia’s ‘current environmental trajectory is unsustainable’ and that the ‘EPBC Act is ineffective’. The Final Report proposes wide-ranging reforms, including the introduction of legally enforceable National Environmental Standards (NES), … Read more

The importance of a robust and fit-for-purpose greenhouse gas emissions assessment during environmental impact assessment under Part IV of the Environmental Protection Act 1986 (WA) was recently highlighted by appeals against the EPA's assessment of the Pilbara Energy Generation Power Station project. Read more

Our prediction: The legal landscape is shifting away from being a roadblock to investment and towards facilitating upward momentum in the development space. Read more

On 30 November 2020. the Western Australian Government released the long awaited ‘Western Australian Climate Policy: A plan to position Western Australian for a prosperous and resilient low-carbon future’. Read more

The settlement this week of Mr McVeigh’s proceeding against REST has underlined management of climate risk and TCFD-aligned disclosure as growing issues for institutional investors. Other recent developments include a further post-approval challenge to a coal mine, asserting that new expert evidence regarding climate change impacts on the Great Barrier Reef should be taken into account to revoke the approval decision and prosecution for import of synthetic greenhouse gas where a single offence attracted an agreed penalty of $500,000. Read more

A group of Australian teenagers has filed a class action against the Commonwealth Minister for the Environment, and is seeking an injunction to prevent the Minister approving a proposed coal mine expansion. The claim alleges that approving the mine would breach the Minister’s common law duty of care to young people. The case follows the recent landmark proceedings alleging that the Commonwealth and others failed to properly disclose information about climate change risks to prospective investors in government bonds. We provide a snapshot of the issues and implications of these proceedings. Read more

The renewable energy sector is leading the transition to a net-zero carbon economy, and was recognised again in the Climate Change Authority’s recent report as being fundamental to a sustainable recovery from the impacts of COVID-19. Read more

The Interim Report reflects strong views that the current regime is ineffective in protecting Australia’s environmental values and inefficient in delivering outcomes supported by business or the community. It proposes reforms with a strong focus on Ecologically Sustainable Development. Read more