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The Australian Capital Territory Government is proposing to amend the territory's Human Rights Act in order to recognise and protect the right to a clean, healthy and sustainable environment. In this note, we explore potential implications of the new bill, where it fits in with the Australian and global context on the right to a healthy environment, and considerations arising for business. Read more
The NSW Court of Appeal has answered a critical planning question: when is a development application (DA) truly 'made'? In dismissing an appeal from the NSW Land and Environment Court, the Court of Appeal held that a DA is not 'made' until all documents had been provided and fees paid. Read more
The Aboriginal Cultural Heritage Act 2021 (WA) has now officially been repealed and the Aboriginal Heritage Act 1972 (WA) has been reinstated with amendments. The Department of Planning, Lands and Heritage has published two new guideline documents on their website to aid in understanding the operation of the amended Aboriginal Heritage Act 1972 (WA). This blog post sets out the key details of the Department of Planning, Lands and Heritage's guidance documents and the State Government funding that has recently been announced to assist proponents to comply with their obligations under the Aboriginal Heritage Act 1972 (WA). Read more
To support the clean energy transition, draft guidelines for wind, solar, transmission, benefit-sharing and private agreements have been released by the NSW Department of Planning and Environment. This new policy package should be reviewed by existing and prospective applicants of clean energy and transmission projects in NSW. Read more
The Aboriginal Cultural Heritage Act 2021 (WA), which came into force on 1 July this year, will officially be repealed tomorrow, 15 November by the Aboriginal Heritage Legislation Amendment and Repeal Act 2023 (WA). As covered in our blog post in August, Western Australia will be returning to an amended version of the Aboriginal Heritage Act 1972 (WA). This blog post summarises the key elements of the amended legislation and the transition process. Read more
In October 2023, the Clean Energy Regulator released guidelines to assist responsible emitters and auditors making applications for an emissions-intensity determination. For existing Safeguard Mechanism facilities, this determination will be an important factor in how a facility’s unique baseline will be calculated under the reformed Safeguard Mechanism scheme. Read more
The Minister for Climate Change and Energy announced this week he is seeking public feedback on a proposed new declared area for offshore wind and other renewable projects in the Bass Strait, off Northern Tasmania. Read more
The recently tabled Climate Change (Net Zero Future) Bill 2023 proposes to legislate NSW’s net zero by 2050 target and establish an independent Net Zero Commission to monitor the State’s progress. Read more
