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Environment Law & Policy Conference (42892831 EBIRD)

A one day conference exploring the intersection between environmental law, policy and practice

Description

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. 

Agenda

9:00AM Welcome from the Chair

 

9:05AM EPBC Act reform: what are the reforms and their implications?

  • 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  

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

 

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