Local Planning in a Global Environment: NSW Government proposes to limit conditions of consent regulating overseas impacts

Amendments have been proposed to the Environmental Planning and Assessment Act 1979 (EP&A Act) and the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (Mining SEPP) that will impact on how greenhouse gas (GHG) emissions are considered in assessing mining projects and the conditions of consent that may be imposed. The Environmental…

Environmental Management Systems: what boards can learn from the Banking Royal Commission

In Australia, the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has exposed remarkable failures in risk management, compliance and culture that have claimed the careers of a number of senior managers and directors and seen the threat of litigation. The underlying issues are not unique to the world of finance.…

The re-fundamentals of ‘Return and Earn’ – What you need to know about NSW’s new container deposit scheme

The New South Wales Government will roll out a container deposit scheme ‘Return and Earn’ from 1 December 2017. The scheme is established by the Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 (NSW) and the Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017 (NSW). The scheme provides for the…

When ‘liabilities’ do not include all liabilities: A pollution prosecution ‘ended’ by a council amalgamation

The NSW Land and Environment Court has held that the Proclamation which merged Dubbo Council with Wellington Council, to become Dubbo Regional Council, ‘ended’ the prosecution proceedings that had been commenced by the Environmental Protection Authority (EPA) but not determined by the Court. The reason the prosecution ended was because the Proclamation did not have…

PFAS-inating times: New Guidance for the assessment, management and remediation of PFAS contamination in Australia

In the last two weeks, two new and long awaited guidance documents have been released in relation to the assessment and management of per- and poly- fluoroalkyl substances (PFAS): A 5-part technical report on “Assessment, management and remediation for PFOS and PFOA” prepared by the Cooperative Research Centre for Contamination and Remediation of the Environment…