Environmental Law



Environmental Law

Contact: James Plumb & Johanna Kennerley, Carter Newell (Queensland, Australia)

Land Court Objections for Environmental Authorities re-introduced On Friday 17 July 2015, the State Development and Public Works Organisation and Other Legislation Amendment Bill 2015 (bill) was passed. The bill was originally introduced into Queensland Parliament by the Minister for Natural Resources and Mines and State Development (Minister) with the stated aim of restoring community objection rights relating to mining developments. The most significant amendment is the repeal of s 47D of the State Development and Public Works Organisation Act 2015 (Qld) (SDPWOA), previously introduced by the Newman LNP government.  

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Contact: James Plumb and Duncan Lomas; Carter Newell (Queensland, Australia)

The recent Land Court decision of Henry v ERO Georgetown Gold Operations Pty Ltd [2015] QLC 13 provides useful guidance as to the meaning of ‘material change in circumstances’ under the land access provisions of the Mineral Resources Act 1989 (Qld) (MRA).

Under the MRA, either party to a Conduct and Compensation Agreement (CCA) may apply to the Land Court for a review of the compensation under the agreement. In order to make an application, there must have been a ‘material change in circumstances’ since the agreement was entered into.

Read more: Material change in circumstances

Contact: Bronwyn Clarkson and Johanna Kennerley; Carter Newell (Queensland, Australia)

A fresh look at Australia’s environmental regulation

Following the Council of Australian Governments’ (COAG) decision in December 2013 to streamline and refocus its Council system, environment ministers agreed to give priority to reviewing environmental regulation. The Australian Government, on behalf of the Commonwealth, state and territory environmental ministers published the National Review of Environmental Regulation Interim Report (report). The report details the current and proposed reform efforts of the states and territories.

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By: Bronwyn Clarkson and Johanna Kennerley

With the change of State Government in Queensland following the election on 31st January 2015, the property and planning industries had been waiting to see what the Labor Government would do with the Newman Government’s proposed overhaul of the planning legislation. Up to the time of the election, the proposed reform process had been underway for some time, and had produced a consultation draft Planning and Development Bill 2014 (Qld) (2014 Bill), an Information Paper on that draft 2014 Bill, and various modes of dissemination and feedback.

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Contact: Ronald S. Cusano; Schnader Harrison Segal & Lewis LLP (Delaware & Pennsylvania, USA)

Some assets, such as houses, art and collectibles, and investments appreciate in value over time; others, such as landfills, are considered “wasting assets,” as they have a finite life and little or no capital value at the end of that life. In fact, a landfill is more of a liability than an asset at the end of its useful life due to the 30-year post-closure monitoring requirements applicable under environmental laws. As an investment, a landfill is high risk due in part to the potential for extreme environmental liabilities. Conventional appraisal methods including cost, comparable sales, and even the traditional income method, do not account fully for these unique factors.


Read more: Is Your Landfill or Other Wasting Asset Fairly Assessed?