Reforming the Safeguard Mechanism

Government has announced that it will review the operation of the Safeguard Mechanism with a view to reducing greenhouse gas emissions from Australia’s highest emitting facilities. Comments on the discussion paper are due by 20 September 2022, with key issues in the discussion paper being calculation of baselines, the use of crediting mechanisms. Read more

Legislating ambition: Climate Change Bill 2022

The Federal Government has tabled its Climate Change Bill 2022 (the Bill) which – if passed – will enshrine into law the Government’s emissions reduction targets. A second bill, the Climate Change (Consequential Amendments) Bill 2022 (the Amendments Bill) would define these targets as objectives of a range of government agencies and programs. Read more

19 projects under the EPBC Act the subject of reconsideration requests

The Environment Council of Central Queensland has submitted reconsideration requests for 19 projects under section 78A of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). The projects are all coal and gas projects, principally but not exclusively in Queensland, that are currently undergoing assessment under the EPBC Act. Read more

New Government, new Minister, new Federal environmental laws?

Going into the recent Federal election, the Australian Labor Party committed to establishing an independent Environment Protection Agency and providing a full response to the review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). With the new Ministry now sworn in, we look at what changes these commitments might bring. Read more

The election and the environment: what happens next?

The recent Australian Federal election has resulted in a change of government. While the government is settling in, our Environment, Planning and Communities partners set out their top 5 predictions for coming change on environmental matters, and where the priorities should lie. Read more

Wind farm noise may be a nuisance – but compliance remains a critical issue

The Victorian Supreme Court has found that intermittent noise from Bald Hills Wind Farm at night was a nuisance, and awarded damages, aggravated damages in light of the past management of the complaints, and an injunction (stayed for 3 months) to prevent further noise nuisance. The case is significant in confirming that intermittent noise may be a nuisance even if compliant with the regulatory regime, although the specific permit conditions for Bald Hills and different regulations that now apply to wind farms in Victoria mean that this decision cannot be directly translated to other circumstances. Uren v Bald Hills Wind Farm Pty Ltd [2022] VSC 145 (25 March 2022) Read more