A climate change duty of care: Sharma v Minister for the Environment

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 New South Wales. Read more

COVID-19 – Plan now to manage environmental compliance during the crisis (EP&C repost)

Australian companies should plan now to ensure environmental compliance as the COVID-19 pandemic unfolds. This is particularly the case for licensed facilities and businesses with the potential for material environmental impacts or other obligations in respect of emission, discharges and waste management. Please click here to view the post on ENVIRONMENT, PLANNING & COMMUNITIES NOTES Read more

EP&C re-post: Adoption of Equator Principles 4

On 18 November 2019, the updated version of the Equator Principles (EP), EP4, was adopted by the Equator Principles Association. EP4 will apply to mandated transactions from 1 July 2020. The key amendments are as follows: Please click here to view the post on Environment, Planning & Communities Notes. Read more

Climate change: Succeed in a lower-carbon future

In a 2019 global survey, 1,250 CEOs rated environmental / climate change risk the single biggest threat to business growth. The race is on for businesses to understand their environmental impact and to manage the legal risks to succeed in a lower-carbon future. Our report, which gathers insights from our global experts, considers the political, … Read more

Productivity Commission announces inquiry into mineral and energy resource exploration

The Productivity Commission (Commission) has announced a 12 month inquiry into the non financial barriers to mineral and energy resource exploration. The inquiry was established on the recommendation of the Policy Transition Group, which noted that ‘a range of approvals are required before exploration can begin, including land access, native title, indigenous and non-indigenous heritage, … Read more

State approves Western Australia’s first uranium mine

Western Australian Environment Minister Bill Marmion has granted approval for Toro Energy to proceed with the State’s first uranium mine to be developed, four years after the Liberal government lifted a ban imposed by Labor. The project is based at the Centipede and Lake Way deposits near Wiluna in the State’s Mid-West, processing approximately 820 … Read more

NSW inquiry plugs CSG

Last week the NSW Upper House tabled its inquiry into the environmental, economic and social impacts of mining coal seam gas (CSG), highlighting that this pipeline of regulation for CSG will be a prevalent issue. As with any future regulation law makers must consider the trade off between clearing the fog of uncertainty vis-à-vis stifling … Read more