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Land Court hands down first Native Title Protection Conditions Recommendations Dispute Judgment
Insight 08 Nov 2022

The decision was the first of its kind in relation to the Native Title Protection Conditions (NTPCs), which are conditions that apply to many exploration permits in Queensland. The decision will have implications for explorers with exploration permits granted subject to the NTPCs, and provides guidance on what are reasonable recommendations a native title party can make regarding exploration activities undertaken pursuant to the conditions. ...

Third layer of greenhouse gas emissions regulation to apply to some NSW operations
Insight 29 Sep 2022

The NSW Environment Protection Authority (the EPA) recently released a draft Climate Change Policy (the policy) and Action Plan 2022–25 (the plan) for public consultation. In this Insight, we look at three key measures proposed in the plan that could have a significant impact on industry. ...

Western Australia to forge its own oil and gas decommissioning path
Insight 27 Sep 2022

In news that will be of particular interest to petroleum titleholders and prospective titleholders in Western Australia, the Department of Mines, Industry Regulation and Safety has released a draft discussion paper outlining expectations for the decommissioning of onshore and state waters petroleum assets. Submissions on the Draft Discussion Paper close on 18 November 2022. ...

Environment Protection Act fires the starting pistol for private actions
Insight 27 Jun 2022

The new Environment Protection Act 2017 (Vic) (the EP Act) brings a raft of changes, including introducing direct third-party enforcement rights. Eligible people will be able to bring actions against individuals and businesses they claim are in breach of the new Act from 1 July 2022. This Insight outlines the key things companies should know about the third-party enforcement rights regime. ...

Competition and consumer law risks to be aware of in relation to ESG
Insight 22 Jun 2022

As businesses continue to focus on ESG it's important to be aware of potential competition and consumer law risks, including misleading environmental claims and anti-competitive industry collaboration. After watching this short Video, you will have a clear understanding of both of these issues and some of the practical steps you can take to prevent these risks. ...

Tightening the net: increased director liability for environmental crimes in NSW
Insight 25 Mar 2022

The recently passed Environmental Legislation Amendment Act 2022 (NSW) (the Amendment Act) exposes directors and managers of companies to additional criminal and civil liability for breaches of environmental laws. It is now more important than ever that companies have robust processes in place to ensure they are operating in an environmentally satisfactory manner. It is also critical for directors and managers (and those who advise directors and management) to understand their potential exposure to criminal liability for actions taken (or not taken) by companies. ...

Changes to and consolidation of SEPPs – a S(t)EPP in the right direction or a missed opportunity?
Insight 18 Mar 2022

In this Insight, we examine recent changes to state environmental planning policies (SEPPs), and ask whether they achieve the stated objectives. ...

Update on the Draft Design and Place SEPP
Insight 01 Mar 2022

The widely anticipated draft Design and Place SEPP has now been publicly exhibited and contains some surprising departures from last year's Explanation of Intended Effects. The question is whether it achieves the goal to ‘simplify and consolidate… good design in NSW'. ...

New year, new regulations: what to know about EP&A Regulation
Insight 25 Feb 2022

The Environmental Planning and Assessment Regulation 2021 (2021 Regulation) comes into effect on 1 March 2022. Here, we explain the key things you need to know to prepare yourself for these changes. ...

Three things to consider with ESG investing
Insight 22 Feb 2022

Alongside record flows into sustainable funds and investments, growing attention on ESG presents opportunities and challenges for investors and fund managers alike. Watch our latest video on key steps to harnessing the opportunities and mitigating the risks that ESG investing brings. ...

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