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The NSW Court of Appeal (NSWCA) has dismissed an appeal from a decision of the Land and Environment Court of NSW (LEC) brought by KEPCO Bylong Australia Pty Ltd (KEPCO). The appeal (and earlier judicial review proceedings) primarily concerned the application and construction of the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (the Mining SEPP). Both judgments make important contributions to the growing body of jurisprudence in the area of climate change-related litigation and affirm the broad discretion of planning authorities in assessing climate change impacts. Read more
The Joint Standing Committee on Northern Australia has released the much anticipated ‘Final report into the destruction of Indigenous heritage sites at Juukan Gorge’. In this post, we provide an overview of the key findings and recommendations of the report. Read more
The Offshore Electricity Infrastructure Bill 2021 establishes a regulatory framework to facilitate the full life-cycle of offshore electricity infrastructure, from construction through to decommissioning, in the Commonwealth offshore area. Read more
On 25 August 2021, the Aboriginal Land Rights (Northern Territory) Amendment (Economic Empowerment) Bill 2021 (the Bill) was introduced into Australian Parliament. The Bill aims to empower Northern Territory Aboriginal peoples by activating the economic potential of their land. Read more
The Land and Environment Court of NSW (LEC) has found that the NSW Environment Protection Authority (NSW EPA) has a statutory duty to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change, and has ordered it to develop such policies. Read more
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
Today the Environment Protection Amendment Act 2018 (Vic) commences, which amends the Environment Protection Act 2017 (Vic) (New Act) and ushers in a new approach to environmental protection in Victoria. Read more
The NSW Government is exhibiting a proposal to remove existing business and industrial zones in local environmental plans (LEPs) throughout the State and introduce five new employment zones. Read more
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
