Bilateral agreements under the EPBC Act: How easy is it to cut green tape? (Part 1)

Overlapping State and Commonwealth approval requirements leading to project risks The environmental approval process under the Commonwealth’s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) operates in parallel to State-based approval processes, such as the development consent process under the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act). That means that, for example, a…

Contamination and contracts: managing risk

Last week, I received an email from a lawyer who said their client: “Will not accept responsibility or indemnify for Contamination that has occurred prior to the ‘Acquisition Date’. Under section 6 (s6) of the Contaminated Land Management Act 1997, responsibility for contamination or for any harm caused by contamination cannot be transferred by contract or…