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A one day conference exploring the intersection between environmental law, policy and practice
We are delighted to announce Thomson Reuters' Environment & Planning Law Conference, taking place in Sydney on 17 June 2021. Environmental & planning law is a constantly evolving area of practice, with many emerging issues, complex layers of legislation and regulation, and numerous different stakeholder interests to consider.
9:00AM Welcome from Conference Chair
9:05AM What are the implications of the EPBC Act Reform?
Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020
Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2021
Independent Review of the Environment Protection and Biodiversity Conservation Act 1999 in October 2019 (Samuel Report October 2020 findings)
Auditor General Report & Findings of Controlled Actions under the EPBC Act (June 2020)
Devolution of the environmental approval responsibilities
Simon Ball, Partner, MinterEllison
9:45AM Recycling and Waste Reduction Bill 2020: implications and opportunities
This landmark legislation will see Australia take responsibility for its waste and establishes a national industry framework for recycling. move to a circular economy with a strong market for recycled materials
What are the implications of the Bill?
How is the export ban on waste being implemented?
Analysis of the new waste management regulations
What are the opportunities from this Bill?
Reforms to the regulation and impact for product stewardship
Opportunities for recycle and waste management industry
Claire Smith, Partner, Clayton Utz
10:25AM Networking break and refreshments
10:45AM Climate change litigation
Climate change litigation is increasingly viewed as a tool to influence policy outcomes and corporate behaviour and there have been a number of strategic cases designed to press governments to be more ambitious on climate or to enforce existing legislation. Session to cover key trends in climate change litigation.
Recent climate change cases and litigation arising in the environmental and planning law context
International cases on liability for climate change
Local manifestation of climate change impacts: potential scope for litigation
Ilona Millar, Partner, Baker & McKenzie
11:25AM NSW Coastal management and litigation - recent trends and implications
This session unpacks the challenges in striking a balance between the interests of development and protection in coastal areas.
Implications of Section 27 of the Coastal Management Act 2016 (NSW)
Recent decisions from the NSW Land and Environment Court and Court of Appeal
Assessment of public interest in the construction of coastal protection structures and use of public lands
Timothy Allen, Solicitor, Beatty Legal
12:05PM Lunch
1:00PM Water Law Reform: Floodplain harvesting in NSW
The NSW Government is bringing floodplain harvesting into an enforceable regulatory framework, by controlling floodplain harvesting through licences and water supply works approvals.
What is floodplain harvesting?
What is the impact of floodplain harvesting in the Northern Murray-Darling Basin?
Key issues in the implementation of the NSW Government’s Floodplain Harvesting Policy.
Towards a licensing framework and a more effective compliance and enforcement regime.
The adoption of rules in waters sharing rules for floodplain harvesting.
Peter Holt, Special Counsel, Holding Redlich
1:40PM Bushfires management and environment law: what have we learnt and where to next?
The 2019-2020 bushfires ravaged Australia, resulting in loss of life and property, devastation to animals and habitat. The session to cover the:
Key recommendations of the Bushfires Royal Commission final report 2020
Potential new koala “listing event” and impact on existing or proposed projects under the EPBC Act
Paul Jayne, Partner Planning, Environment & Government, Madison Marcus
2:20PM NSW urban planning and environment case law updates
Temporary COVID-19 arrangement
Update on State Environmental Planning Policies (SEPPs) review to simplify and improve the planning policy framework in NSW
Heritage in NSW and the implications of interim heritage orders during the development process
Alyce Kliese, Senior Solicitor, Shaw Reynolds Lawyers
10:25AM Networking and refreshment break
3:20PM EPA enforcement activity in NSW – liability, prosecution trends and defence strategies
Common pollution offences under the Protection of the Environment Operations Act 1997 (POEO Act)
Liability of directors and managers
When will the EPA prosecute? – an overview of the updated EPA prosecution guidelines
Not just a fine – the scope of orders than can be made under Part 8.3 of the POEO Act orders
Recent prosecution trends, including the outcome of defended actions
How to mitigate risk of non-compliance and what is considered adequate ‘due diligence’ to mitigate risk
Samantha Daly, Partner, Johnson Winter & Slattery
4:00PM NSW class 5 (Criminal Prosecution for environmental offences)
What are remediation orders and determinations to repair?
What penalties and fines have increased?
How to mitigate risk of non-compliance and what is considered ‘practicable steps’ to eliminate risk
How to effectively defend environmental actions
Patrick Ibbotson, Partner, Maddocks
4.40PM End of conference