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In a recent test case involving Ararat Wind Farm, the Supreme Court of Victoria held that above-ground wind farm assets were chattels and therefore excluded from the capital improved value of leviable land for the Victorian Fire Services Levy. Read more
The Industrial Chemicals Environmental Management (Register) Bill 2020 has been introduced into the Commonwealth Parliament to create a national register of industrial chemicals and make recommendations as to their risk management. 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
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
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
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 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
The renewable energy sector is leading the transition to a net-zero carbon economy, and was recognised again in the Climate Change Authority’s recent report as being fundamental to a sustainable recovery from the impacts of COVID-19. 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