The Offshore Electricity Infrastructure Bill 2021 establishes a regulatory framework to facilitate the full life-cycle of offshore electricity infrastructure, from construction through to decommissioning, in the Commonwealth offshore area. Read more

The NSW Department of Planning, Industry and Environment has released a draft Environmental Planning and Assessment Regulation 2021 (NSW) for consultation. The regulation will make changes to numerous aspects of the planning system, including in relation to development applications and modifications, designated and complying development and assessments under Part 5 of the Environmental Planning and Assessment Act 1979 (NSW). Read more

On 25 August 2021, the Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Bill 2021 (the Bill) was introduced into Australian Parliament. The Bill aims to empower Northern Territory Aboriginal peoples by activating the economic potential of their land. Read more

The NSW Land and Environment Court has rejected a claim for compensation for disturbance, reinstatement costs or special value on the basis that the applicant only had a limited leasehold interest and did not own critical infrastructure. 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 New South Wales Land and Environment Court has granted a development consent subject to conditions requiring PFAS-contaminated material be removed and impacted land remediated. The PFAS-contaminated material had been placed for soil improvement and was discovered during a site view for the proceedings. Read more

On 24 June 2021, an international panel of legal experts (the Panel) published a legal definition of ‘ecocide’ (the Proposal, link) proposed to be adopted as a fifth crime to the Rome Statute of the International Criminal Court (the ICC or the Court). The Rome Statute addresses crimes that are deemed to be of international concern: genocide, crimes against humanity, war crimes and the crime of aggression. The ICC complements the jurisdiction of national criminal legal systems, and does not replace them (see Article 1, Rome Statute). The Court prosecutes cases as a court of “last resort”, only when States are unwilling or unable to do so. Read more

Today the Environment Protection Amendment Act 2018 (Vic) commences, which amends the Environment Protection Act 2017 (Vic) (New Act) and ushers in a new approach to environmental protection in Victoria. Read more