Environment and Planning Insights

28 July 2006

Welcome to the July edition of Clayton Utz Planning & Environment Insights. In this edition we look at the precautionary principle - what does it mean? A recent case has some answers which could affect all decisions which involve consideration of the principles of ecologically sustainable development.

We'll also look at some new developments:

  • changes to native vegetation laws in Victoria
  • the introduction of biobanking in NSW
  • streamlined approval processes where there are threatened species
  • the unique Gorgon Project; and
  • tougher sentencing for environmental offences.

Bio-banking - Is it the ecological management tool of the future?

By Claire Smith.

NSW's new biobanking scheme will create tradeable biodiversity credits which can be used to offset the biodiversity impacts of other developments. Claire Smith explains how the scheme will work.

Getting connected with the precautionary principle

By Brendan Bateman and Trisha Cashmere.

Brendan Bateman and Trisha Cashmere examine a recent decision of the NSW Land and Environment Court which gives practical meaning to and guidance on the application of the principles of "ecologically sustainable development" and, in particular, "the precautionary principle" in the assessment of developments.

Native vegetation net gain in Victoria and Amendment VC38

By Megan Schroor.

Megan Schroor looks at recent changes to Victoria's native vegetation laws and asks whether they make the system more workable.

The Gorgon project - unique site, unique decision

By Tim Macknay.

The $11 billion Gorgon LNG project highlights the complexities of Western Australia's environmental approvals system, as Tim Macknay explains.

Streamlined assessment processes and threatened species: getting the balance right?

By Ballanda Sack.

New laws in NSW will allow certain sites or activities to be exempted from assessment for impact on threatened species, populations, ecological communities or their habitats, says Ballanda Sack.

Raising the bar - regulatory responses to environmental offences

By Nick Thomas and José Cofre.

The seriousness with which the Land and Environment Court views environmental offences coupled with increased sentencing powers and alternatives to prosecution by the EPA means business must take note, as Nick Thomas and José Cofre show.

More bilateral agreements to reduce EPBC Act red tape

By Nick Thomas.

Australia's patchwork of different planning laws could be harmonised through more bilateral agreements between the Commonwealth and the States, explains Nick Thomas, following a meeting between all Governments.

Round-up

Our round-up of what's happening around the country.
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