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In a recent test case involving Ararat Wind Farm, the Supreme Court of Victoria held that above-ground wind farm assets were chattels and therefore excluded from the capital improved value of leviable land for the Victorian Fire Services Levy. Read more
The Industrial Chemicals Environmental Management (Register) Bill 2020 has been introduced into the Commonwealth Parliament to create a national register of industrial chemicals and make recommendations as to their risk management. Read more
The NSW Government proposes to introduce industry-specific environmental assessment requirements, new assessment guidelines and an environmental impact statement certification regime for State significant projects. Public submissions on the proposed reforms will close on 12 February 2021. Read more
On 14 December 2020, the Department of Industry, Science, Energy and Resources released the consultation paper, "Enhancing Australia's Decommissioning Framework". The paper is the third step in a reform process and follows a Discussion Paper published in October 2018, a process of consultation and stakeholder formal submissions into early 2019. Implementation of the framework is expected to occur in 2021. We have outlined the key components of the proposed Enhanced Framework. 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
The NSW Court of Criminal Appeal has reaffirmed that prosecutors should not lay a single charge in respect of multiple offences, including environmental offences. Read more
The Victorian Government has published details of the proposed regulatory framework to consolidate regulation of waste and recycling in Victoria. Read more