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The NSW Court of Appeal (NSWCA) has dismissed an appeal from a decision of the Land and Environment Court of NSW (LEC) brought by KEPCO Bylong Australia Pty Ltd (KEPCO). The appeal (and earlier judicial review proceedings) primarily concerned the application and construction of the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (the Mining SEPP). Both judgments make important contributions to the growing body of jurisprudence in the area of climate change-related litigation and affirm the broad discretion of planning authorities in assessing climate change impacts. Read more
The Land and Environment Court of NSW (LEC) has found that the NSW Environment Protection Authority (NSW EPA) has a statutory duty to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change, and has ordered it to develop such policies. Read more
The recent decision of Justice Bromberg in Sharma v Minister for the Environment [2021] FCA 560 found that a novel duty of care is owed by the Minister for the Environment to Australian children who might suffer potential “catastrophic harm” from the climate change implications of approving the extension to the Vickery coal mine in … Read more
Further statements from regulators and commentators reinforce the expectation that businesses will consider the materiality of climate change-related risks and disclose them accordingly. The obligations are not new, but rather the expected nature of action to satisfy existing obligations continues to evolve in relation to climate change. The expectations of financial services businesses in this … Read more
Victoria joins New South Wales and Queensland in decentralising the path towards “Net Zero”, setting out a roadmap for development of its renewable energy zones (REZ), including the establishment of VicGrid to oversee planning and development, and allocating a $540 million REZ Fund in the State Budget. Read more
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
