On 11 July 2019, the Climate Change Authority released a Consultation Paper regarding the Authority’s update of its previous advice to the Commonwealth Government on the policy toolkit required to meet Australia’s greenhouse gas emission reduction commitments under the Paris Agreement. Submissions on the Consultation Paper may be made until 23 August 2019. Read more
What’s new in waste this new financial year? Effective from 1 July 2019, many State governments have introduced or increased waste levies at their landfills and collection depots. Read more
On 8 July 2019, the Queensland Government released the Energy from Waste Policy Discussion Paper (EFW Discussion Paper) for public consultation. The EFW Discussion Paper outlines the Queensland Government’s proposed approach to developing and implementing energy from waste (EFW) technologies in Queensland as part of ongoing efforts to reduce the amount of waste being sent to landfill. Broadly, public comment is sought from stakeholders and the general public on the role that EFW should play in Queensland’s approach to waste management and the principles of any EFW framework that should be adopted. Read more
Rehabilitation of mine is increasingly a focus of regulator attention as well as changing community expectations. Read more
The Queensland Deputy Premier and Minister for Aboriginal and Torres Strait Islander Partnerships announced on 23 May 2019 that a review of the Aboriginal Cultural Heritage Act 2003 (Qld) and the Torres Strait Islander Cultural Heritage Act 2003 (Qld) (the Cultural Heritage Acts) will be undertaken by the Department of Aboriginal and Torres Strait Islander Partnerships (DATSIP). Read more
Herbert Smith Freehills has advised Maryrorough Solar – owners of the Brigalow Solar Farm near Pittsworth in southern Queensland – in regards to its successful challenge of the validity of section 73A of the Electrical Safety Regulation 2013 (Qld) (introduced by the Electrical Safety (Solar Farms) Amendment Regulation 2019 (Qld)).
On 21 February 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 proposed amendments to the NTA are the most substantive since the ‘Wik’ amendments in 1998. To assist proponents in understanding the potential impact of the Bill, we have prepared a table that sets out proposed key amendments with the likely implications for existing and future development. Read more
On 13 March 2019, the High Court handed down its first decision on native title compensation in ‘Timber Creek’  HCA 7 (Timber Creek).The High Court’s decision is a measured reflection of the need for Australian law to evolve in a manner that acknowledges, recognises and accommodates the diversity and individuality of native title in Australia. The majority judgment sensibly navigates the difficult task of applying common law legal concepts, such as compensation, freehold value, economic loss and solatium, in the context of traditional rights and interests, and connection to country. Read more