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…

Brexit: Lessons in tone when producing records

“The lady doth protest too much, methinks” [Hamlet, Act 3, scene2] So it is now said when a person’s protestations are laid on too heavily. We see through their protestations to their true purpose.  Protestations when overdone imply a lack of sincerity. Amongst all the other legal challenges that the Brexit process has brought to…

Is a site audit statement worth the ‘paper’ it is written on?

In many transactions, site audit statements have become de facto certificates that a condition precedent or condition subsequent in an agreement has been satisfied (or not). Multiple parties often rely on a site audit statement, such as vendors, purchasers, financiers, directors and decision makers within a company. However, are these parties entitled to rely on…

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.…