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

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 Queensland Government has proposed a suite of reforms to the planning framework in order to assist Queensland’s economic recovery from COVID-19. The proposed amendments are not legislative, but rather amendments to regulations and rules made under the Planning Act 2016 (Qld), meaning they can be efficiently implemented. Anyone wishing to make submissions regarding the … Read more

The High Court is set to determine whether New Acland Coal’s application for an extension of the New Acland open-cut coal mine (Stage 3 Project) must be determined afresh as a result of bias on the part of the Land Court of Queensland. Read more

A community group of bushfire survivors has commenced proceedings in the NSW Land and Environment Court against the NSW Environment Protection Authority to encourage or compel the development of policies to address NSW’s greenhouse gas emissions. Read more

The Bylong Valley Protection Alliance has been joined as a party in judicial review proceedings in the NSW Land and Environment Court challenging the refusal of development consent for a coal mine in Bylong Valley, NSW. Read more

Government’s intent to reform the Environmental Protection Act 1986 (WA) has been formalised with the tabling of the Environmental Protection Amendment Bill 2020 (WA) on 16 April 2020. While framed as a modernisation of the Act, the substantive reform proposed in the Bill is modest in nature and not comparable to the wholesale reform elsewhere in Australia. However, a number of the amendments will see far greater clarity and real procedural efficiencies, particularly in the Part IV and Part V assessment and approval processes. Read more