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.
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.
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.
Contact: Andrew Shute, Partner and Johanna Kennerley, Senior Associate; Carter Newell (Queensland, Australia)
Update: Further to our May 2014 newsletter entitled ‘Water fight leaves Reed barely afloat’, the Land Court has released its decision from Mr Reed’s appeal of an order requiring him to pay a portion of QCoal’s costs.
Contact: James Plumb, Partner and Dunan Lomas, Solicitor; Carter Newell (Queensland, Australia)
In the recent case of Baldwin & Anor v Icon Energy Ltd & Anor  QSC 12, the Queensland Supreme Court has provided useful consideration of the enforceability of an agreement to negotiate.
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