Public consultation is occurring in connection with a review of the Biodiversity Assessment Method (BAM) by the Minister administering the Biodiversity Conservation Act 2016 and the monitoring of the biodiversity credits market by the Independent Pricing and Regulatory Tribunal (IPART)….
In a significant recent decision, the Land and Environment Court (LEC) upheld the Independent Planning Commission of NSW’s (IPC) approval for an extension of the Narrabri Underground Mine (Mine) as legally reasonable. Background The proceedings were brought by Bushfire Survivors…
The Land and Environment Court recently handed down a decision dealing with the interrelation between the integrated development regime established under Div 4.8 of the Environmental Planning and Assessment Act 1975 (EP&A Act) and the regime for the provision of…
On 20 January 2022, the NSW Environment Protection Authority (‘EPA‘) released its final Climate Change Policy and Action Plan. The policy and plan follow the landmark case of Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC…
In a recent decision, the NSW Land and Environment Court considered the rules of statutory interpretation which apply to time limitations for the commencement of prosecutions under the National Parks and Wildlife Act 1974 (‘NPW Act‘) and the Biodiversity Conservation Act…
On 17 November 2022, the NSW Parliament passed the NSW Reconstruction Authority Bill 2022 (‘Bill‘). The Bill is awaiting assent. Regulations will need to be made to enable certain provisions of the Bill to operate. The Bill establishes the NSW…
A recent decision by the Land and Environment Court provides a useful example of the common law defences that may be raised against a charge of an environmental offence, as well as a good reminder of how difficult it can…
The Federal Court of Australia in Bob Brown Foundation Inc v Minister for the Environment (No 2) [2022] FCA 873 has confirmed how the precautionary principle is to be interpreted and applied under the Environment Protection and Biodiversity Conservation Act…
The NSW Government has reformed legislative instruments dealing with building sustainability as part of its Net Zero strategy for greenhouse gas emissions. The amendments will require construction of more cost-effective and lower emission residential, commercial and public buildings. The higher…
On 30 August 2022, the New South Wales Auditor-General released a report on the Effectiveness on the Biodiversity Offsets Scheme (Audit) which has highlighted some important shortcomings in the implementation of the Biodiversity Offsets Scheme (BOS). The purpose of the…
The NSW EPA has released its draft Climate Change Policy and Action Plan for public consultation. The policy and plan follow the landmark case of Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92. In that…
On 29 July 2022, the Department of Planning and Environment (‘DPE‘) released the draft NSW Coastal Design Guidelines (‘Draft Guidelines‘) for public consultation. The Draft Guidelines are intended to replace the current NSW Coastal Design Guidelines 2003, and have been…