The Heritage Act 1977 (NSW) is under review and we have made a detailed submission. While there are parts of the Heritage Act which may benefit from review, we consider that wholesale repeal or revisiting of the Act is not necessary. What we would like to see is a benchmarking exercise to develop a cohesive, … Read more

On 13 May 2021, the NSW Legislative Council’s Standing Committee on Social Issues commenced a review of the Heritage Act 1977 (NSW) (Heritage Act). The proposed changes are intended to walk the fine line of making it easier and less expensive to own heritage property while also improving heritage outcomes. A tiered system for heritage protection and additional enforcement options are some of the items for consideration. The Committee is accepting submissions until 27 June 2021. Read more

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

After much anticipation, the WA State Government last week released for public consultation the draft Aboriginal Cultural Heritage Bill 2020. Submissions on the Draft Bill are due by 9 October 2020. Here we provide a brief snapshot of the Draft Bill and points for consideration in making a submission. Read more

The Victorian Government will establish a truth and justice process to formally recognise historic wrongs, and address ongoing injustices, for Aboriginal Victorians. Read more

The Interim Report reflects strong views that the current regime is ineffective in protecting Australia’s environmental values and inefficient in delivering outcomes supported by business or the community. It proposes reforms with a strong focus on Ecologically Sustainable Development. Read more

On 17 October 2019 the Commonwealth government introduced the Native Title Legislation Amendment Bill 2019 (Cth) (Bill) to amend (amongst other legislation) the Native Title Act 1993 (Cth) (NTA). The Bill proposes the same amendments to the Act as an earlier amendment bill introduced in February 2019 and which lapsed with the federal election. The proposed amendments to the NTA are the most substantive since the ‘Wik’ amendments in 1998.  To assist project proponents in understanding the potential impacts of the Bill, the table below sets out proposed key amendments with the likely implications for existing and future development. Read more

Developments have recently occurred in the Geraldton and South West native title settlements. In-principle agreement has been reached for the Geraldton settlement, while a further hearing in the judicial review proceedings relating to the South West settlement has been listed for November 2019. Land users with interests in these regions should follow the progress of the settlements. Read more