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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 Melbourne on 8 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 the Chair
9:05AM EPBC Act reform: what are the reforms and their implications?
Joshua Dellios, Partner, MinterEllison
9:45AM Recycling and Waste Reduction Act 2020 update and opportunities
This landmark legislation will see Australia take responsibility for its waste and establishes a national industry framework for recycling and move to a circular economy with a strong market for recycled materials.
What are the implications of the Act?
How is the export ban on waste being implemented?
Analysis of the new waste management regulations
What are the opportunities from this Act?
Reforms to the regulation and impact for product stewardship
Opportunities for recycle and waste management industry
Bridget Phelan, Special Counsel, King & Wood Mallesons
10:25AM Networking & refreshment break
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 strategic cases (such as the Rocky Hill case) designed to press governments to be more ambitious on climate or to enforce existing legislation. This session will cover:
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
Charlotte Turner, Associate, Climate Risk Governance, MinterEllison
11:25 AM Compliance, enforcement and prosecutions for environment and planning
Recent developments in regulator approach to enforcement in the planning vs. environmental regimes
How to mitigate risk of non-compliance and what is considered ‘practicable steps’ to eliminate risk
How to effectively defend environmental actions
Recent compliance and enforcement related VCAT cases
Emily Johnstone, Senior Associate, Allens
12:05PM Lunch
1:00PM Panel discussion: Rehabilitation - how to balance the interests of industry and environment
1:40PM Aboriginal Cultural Heritage Act 2003 (ACH) and Native Title - practical considerations for increased consultation and compliance
The Aboriginal Heritage Act 2006 acts primarily to provide for the protection of Aboriginal cultural heritage in Victoria.
Interaction between Aboriginal heritage legislation and environmental regulation
When and how does Aboriginal knowledge/consultation inputs to environmental decision making
Lessons from recent case law and penalties
Clare Lawrence, Partner, Ashurst
2:20PM How the introduction of GED is leading to paradigm shift
The general environmental duty (GED) will mark a change to a prevention-based approach to environmental regulation, and creates a new legal paradigm for the management of environmental risk and will significantly alter the relationship between industry and the EPA.
What questions should senior management, in-house legal teams and board members be asking now to ensure a smooth transition to the new laws from 1 July, and are changes to its assessment and management of environmental risks required?
What guidance is there from other jurisdictions and areas of law, such as OHS, as to the expectations of regulators and communities in relation to the GED and similar preventive duties?
Is the EPA providing useful guidance, or developing instruments, which will inform the scope of the GED, and the state of industry's knowledge of environmental risks that is expected?
What happens to an organisation and its management if it doesn't discharge the duty, or is alleged to have not complied by its local community?
How do the new laws potentially empower environmental activists to enforce any perceived failure to discharge the GED?
Jane Hall, Partner, Ashurst
3:00PM Networking and refreshment break
3:20PM Show me the money! Funding development infrastructure in Victoria
Overview of infrastructure demands in Victorian developments
Challenges of funding water infrastructure in urban renewal and growth areas
The power of third parties to acquire easements by compulsory acquisition
Developer obligations under Development Services Schemes and Infrastructure Contributions Plans
Megan Schroor and Jess Kaczmarek, Principals, S&K Planning Lawyers
4.30PM End of conference