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The recent decision of Justice Bromberg in Sharma v Minister for the Environment [2021] FCA 560 found that a novel duty of care is owed by the Minister for the Environment to Australian children who might suffer potential “catastrophic harm” from the climate change implications of approving the extension to the Vickery coal mine in … Read more
A draft Construction Noise Guideline has been released by the NSW Environment Protection Authority for public consultation. Private and public construction proponents, contractors, engineers and other stakeholders are encouraged to make a submission on the draft guideline by 30 April 2021. Read more
The High Court has upheld an appeal against New Acland Coal’s applications to extend the New Acland open-cut coal mine. The applications must now be determined afresh as a result of apprehended bias in the Land Court of Queensland. Read more
A number of provisions of the Environmental Protection Amendment Act 2020 (WA) came into operation on 3 February 2021, following proclamation on 2 February 2021. We briefly touch on some of the noteworthy changes. Read more
On 2 February 2021, President Kingham made orders reducing a mining company’s estimated rehabilitation cost (ERC) by $46 million, after determining that the Department of Environment and Science (DES) ERC calculator is not binding. Read more
The importance of a robust and fit-for-purpose greenhouse gas emissions assessment during environmental impact assessment under Part IV of the Environmental Protection Act 1986 (WA) was recently highlighted by appeals against the EPA's assessment of the Pilbara Energy Generation Power Station project. 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
