Environmental Law



Environmental Law

Author: Kathryn Walker

In July this year the SA Government announced that it intended to introduce legislation in 2020 to ban single use plastic products. As part of the transition, a pilot program to establish plastic free precincts has been implemented.

On 17 August after an EOI process which saw 10 applications for precincts made, the Government announced that the following three locations and 21 surf life saving clubs will make up the first four precincts:

Read more: South Australia to Ban Single-Use Plastics

Author: Tom Griffith

Environmental claims were the central issue in two recent cases unsuccessfully brought by the ACCC against Woolworths and Kimberly-Clark. The ACCC has announced it will appeal in each case.

Partner Tom Griffith and Law Graduate Zoe Underwood review the decisions.

The ACCC has lodged separate appeals from two recent high profile cases in which it failed to persuade the Court that the conduct of the Respondents was contrary to the law.

Read more: The Perils of Environmental Claims: the ACCC Lodges Appeals in Disposable Wipes, Eco Picnic-Ware...

Kathryn Walker, Partner, discusses the key points of the Environmental Sustainability Victoria: State of the Environment report 2018.

On 19 March, the Commissioner for Environmental Sustainability Victoria, Dr Gillian Sparkes tabled the Victorian State of the Environment (SOE) 2018 (report) in Victorian Parliament.

The report, produced under the Commissioner for Environmental Sustainability Act (Vic) (the Act) contains 170 indicators with 13 themes. Trend summaries have been tracked for 169 of the indicators revealing only 18 as improving. 70 scientific indicators were used to asses the health of the Victorian Environment with the report, for the first time, aligning with the UN Sustainable Development Goals.

Read more: Climate risk mitigation and adaptation a key focus for the Environmental Sustainability Victoria:...

Authors: Johanna Kennerley, Senior Associate & Shaun Pryor, Solicitor

The NSW Environmental Protection Agency (EPA) has recently introduced new guidelines in relation to recovering monetary benefits from environmental offenders.

Under the Protection of the Environment Operations Act 1997 (NSW) (POEO Act),  the EPA has the power to apply to the Court for a monetary benefit order to be imposed on environmental offenders requiring them to pay back any monetary benefits made as a consequence of non-compliance with environmental laws. Other states in Australia have a similar power,  however it appears that the power is not often used.

The new Guideline on recovering monetary benefits from environmental offenders provides guidance on when the EPA will seek a monetary benefit order and how the EPA will investigate and calculate such orders. The guideline has been introduced alongside a new Protocol for calculating monetary benefits and Non-compliance Economic Assessment Tool (NEAT) Model.

Read the entire article.

Authors: Kelly Alcorn, Partner and Shaun Pryor, Solicitor

On 3 December 2018, the Queensland Government released a new version of the essential habitat mapping over South East Queensland in order to address the decline in koala populations.

Read the entire article.