EPBC Act review – Final Report released

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

Young Australians bring climate claims against the Australian government

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

EPBC Amendment Bill tabled to facilitate bilateral approval agreements

The Commonwealth Government has taken the first step in a staged approach to reform of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). The Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 (Cth) (EPBC Amendment Bill) was introduced to Parliament on 27 August 2020, largely reflective of reforms to … Read more