Aboriginal Cultural Heritage Bill 2021 passes WA Parliament

On 15 December 2021, the much anticipated Aboriginal Cultural Heritage Bill 2021 (WA) (the Bill) passed the upper house of the Parliament of Western Australia as introduced. The Bill has been updated since the previously circulated Aboriginal Cultural Heritage Bill 2020 (WA) (Exposure Draft), and has been designed to replace the Aboriginal Heritage Act 1972 … Read more

Thoughts on waste in NSW Part 1: Stockpiling, waste disposal and the EPA

A further development in the multi-round match between the NSW EPA, a waste company and the resource recovery exemption regime: the EPA has appealed for a second time. The Land and Environment Court criticised the EPA and its waste regime in the long-running Grafil prosecution. Subsequently, the Government has announced a review of the regime … Read more

The Third Wheel podcast series: ESG in Australia Episode 6

By Timothy Stutt and Melanie Debenham Episode 6 – Asking the right questions with Brooke Massender, Global Head of Pro Bono for Herbert Smith Freehills In this episode, Mel and Tim are joined by expert third wheel guest, Brooke Massender, Global Head of Pro Bono for Herbert Smith Freehills. Brooke discusses how ESG could be … Read more

Appeal confirms wind farm assets are chattels, not fixtures

Victorian statute imposes a Fire Services Levy, which requires the calculation of the capital improved value of leviable land. The Supreme Court of Victoria (Court of Appeal) upheld the VSC decision of Richards J that the above-ground wind farm assets were chattels and therefore excluded from the land valuation. Read more

Environmental Offsets Metric – quantifying offsets

DWER recently published the WA Environmental Offsets Calculator and associated guidelines (Environment Offsets Metric: Quantifying Environmental Offsets in Western Australia), creating WA’s new environmental offsets metric. We provide an overview of the key points to note about the offsets metric. Read more

Climate litigation trends: three significant developments you need to know about

It has been an active 12 months in the climate change litigation space, both in Australia and internationally. The political and legal landscape is rapidly evolving and the need to keep pace with these developments is presenting companies with new strategic challenges. In this update, we provide a summary of three recent key developments in climate change litigation in Australia and New Zealand. Read more