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When do State government decisions, undertakings and works require referral...

Tasmania appears to be a focal point for Federal Court decisions with respect to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). A recent decision of the Full Court...

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NSW container deposit scheme to commence in mid-2017

NSW looks set to become the third State or Territory, after South Australia and the Northern Territory, to implement a container deposit scheme (CDS), with the Waste Avoidance and Resource Recovery...

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Shoot first, target later: the NSW clean-up and cost recovery scheme

The NSW Land and Environment Court (LEC) has handed down a recent decision determining the quantum of costs arising from clean-up actions undertaken by Kempsey Shire Council (Council). Although this...

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PFAS-inating times: New Guidance for the assessment, management and...

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...

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When ‘liabilities’ do not include all liabilities: A pollution prosecution...

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...

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The re-fundamentals of ‘Return and Earn’ – What you need to know about NSW’s...

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...

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Legislation Series: Updates to the Environmental Planning and Assessment Act...

Outline This post is the first in a series that will provide an overview and analysis of the updates to the Environmental Planning and Assessment Act 1979 (the Act), which commenced on 1 March....

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Environmental Management Systems: what boards can learn from the Banking...

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...

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Local Planning in a Global Environment: NSW Government proposes to limit...

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)...

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Getting the right information in contaminated land reports

The NSW Environment Protection Authority’s (EPA) updated statutory guidelines on Consultants reporting on contaminated land came into force on 3 April 2020. They provide a reporting framework for...

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