The grass could be greener: The challenges facing sustainability linked loans in Australia
With greater focus on corporate social responsibility and achieving a more sustainable society as we emerge from the COVID-19 pandemic, the banking and finance industry in Australia has taken new strides in introducing sustainability linked loans to their commercial loan practice. We are at a particular tipping point in Australia, and the importance of finding […]
ReadmoreNew wave of litigation expected to hit Australia’s eroding shoreline
Last week, the Federal Court of Australia embarked on what is predicted to be a landmark decision, in the matter of AGL v Greenpeace Australia Pacific (Greenpeace). The case involves allegations by AGL that Greenpeace infringed its trademark rights and copyright when it featured AGL’s logo in a recent ad campaign, designed to pressure the […]
ReadmoreThe approvals climate is changing
In proceedings[1] brought by environmental groups, councils and the Mayor of London, the English Court of Appeal has ruled unlawful a decision, to allow the expansion of Heathrow Airport by the construction of a third runway, because it did not take the United Kingdom government’s policy and commitments on climate change into account. Background For many […]
ReadmoreSignificant climate change decision – shifting grounds for the Australian coal sector?
Until a month ago, no coal mine project in Australia had been refused by a decision-maker or Court on the basis of its contribution to global greenhouse gas emissions and climate change. On 8 February 2019 this changed with the significant and controversial judgment of Brian Preston CJ[1] in the NSW Land and Environment Court in the […]
ReadmoreProcedural fairness not readily ousted
Administrative decision makers are subject to a common law duty to accord procedural fairness for decisions which affect rights, interests and legitimate expectations, unless the governing statute clearly provides otherwise.[1] This is a subset of the broader principle of legality, that courts will not interpret legislation as abrogating or contracting fundamental rights or freedoms unless […]
ReadmoreElectricity regulatory framework under further review – changes ahead for both embedded networks and stand-alone power systems
The Australian Energy Markets Commission has recently announced two separate reviews – one into the regulation of embedded networks and the other into stand-alone power systems. With the national electricity framework having been founded on a centralised electricity supply model, the explosive growth of both embedded networks and large-scale localised generation options has presented challenges […]
ReadmoreCall for submissions on the Better Apartments Draft Design Standards
Following the Better Apartments – A Discussion Paper (May 2015) and the Better Apartments Public Engagement Report (December 2015), the Victorian Government has now released the long awaited Better Apartments Draft Design Standards (Draft Standards). Partner Meg Lee and lawyer Linda Choi highlight the key proposals. The Draft Standards aim to raise the quality of […]
ReadmoreVictorian Government demonstrates commitment to renewable energy with ambitious targets
The Andrews Government has demonstrated its commitment to the renewable energy industry and combating climate change by introducing a bill to the Victorian parliament last Thursday which will legislate ambitious new renewable energy targets. Partner Meg Lee and Senior Associate Kate Kirby report. What is the target? The new Victorian renewable energy targets (VRETs) […]
ReadmoreSetting the standard for PFAS management in Australia – PFAS NEPM consultation paper released
Australia and New Zealand have moved one step closer to establishing a framework to manage PFAS, a manufactured chemical which has emerged as a contaminant of concern worldwide over the recent years and this year has been the basis for two class actions in Australia. PFAS, short for per-and poly-fluoroalkyl substances, has become an issue […]
ReadmoreVictorian Government implements first stage of environmental protection overhaul
The Victorian Government recently introduced a bill to parliament as the first stage of the long anticipated overhaul to Victorian environmental protection legislation. 1. Background In 2016, an independent ministerial advisory committee conducted an inquiry into the Environment Protection Authority Victoria (EPA). As previously reported by Partner, Meg Lee, and lawyer, Linda Choi, the […]
ReadmoreNew Yarra River Protection Planning Controls
On 26 February 2017, the Victorian Government (Government) formally released the Yarra River Action Plan and the new Yarra River Protection Planning Controls (Yarra Controls) intended to protect the Yarra River from “inappropriate” development. This follows a discussion paper, Protecting the Yarra River (Birrarung), which was released for public consultation on 1 July 2016. Partner, Meg […]
ReadmoreNew residential zones, including new mandatory height limits, are imminent
Last week, the Government announced that it would implement Amendment VC110 to make changes to Victoria’s residential zones in response to recommendations by the Managing Residential Development Advisory Committee’s (the Committee) review of the residential zones which began in late 2015 and was recently reported to the Minister for Planning. The three residential zones, the […]
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