Environment and Sustainable Development 5 Minute Fix 50: large greenhouse gas emitters, native title, support package for algal bloom

Climate change

NSW: Feedback sought: proposed new climate change requirements for large greenhouse gas emitters

The NSW Environment Protection Authority (EPA) has released the Proposed Climate Change Licensee Requirements and Climate Change Mitigation and Adaptation Plans for public consultation.

The Requirements aim to enhance transparency in greenhouse gas reporting and impose additional requirements on certain licensed businesses, including:

• annual climate change emissions reporting;

• climate change mitigation and adaptation plans;

• specific mitigation actions for industry sectors to implement technologies, processes or emission actions by certain dates;

• emissions measurement requirements; and

• individual greenhouse gas emission licence limits.

The requirements will be rolled out in stages across distinct industry sectors, firstly applying to large greenhouse gas emitters with environment protection licences. Public consultation is now open until 5pm, Tuesday 7 October. Potentially impacted businesses operating in NSW should consider submitting feedback to ensure their interests are represented. Eligible licensees can access grants from the High Emitting Industries Fund to help meet the proposed Requirements.

Resources

NSW: Failure to consider climate overturns approval for mine expansion

On 24 July 2025, the New South Wales Court of Appeal overturned the approval of the largest coalmine expansion in the state after a community group successfully argued that the Independent Planning Commission (IPC) failed to adequately take into account the climate impacts of the mine expansion on the surrounding environment and community.

The decision, Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc v MACH Energy Australia Pty Ltd [2025] NSWCA 163, held that the IPC failed to consider a mandatory consideration in relation to the approval of the Mount Pleasant coal mine expansion. The Court of Appeal ordered the matter be remitted to the Land and Environment Court to reconsider and determine whether or not future orders can or should be made which, if complied with, will validate the development consent.

Proponents for mining projects should note that climate change impacts are likely to be relevant considerations taken into account when seeking approval. This decision underscores the importance of addressing climate-related risks in project planning and approvals.

WA: Local government rate exemptions for miscellaneous licences

The Western Australian State Government has proposed amendments to the Local Government Act 1995 (WA) to exempt land held under miscellaneous licences from local government rates. This follows the Supreme Court decision in Shire of Mount Magnet v Atlantic Vanadium Pty Ltd [2025] WASC 274, which clarified that local governments could levy rates on such land.

The amendments will provide cost certainty for mining and exploration companies while ensuring local governments can plan their budgets effectively. Stakeholders should monitor the progress of these amendments and assess their potential financial impact.

Environmental, social, and corporate governance

Victoria: Federal Court recognises native title for First Peoples of the Millewa-Mallee

On 18 July 2025, the Federal Court recognised native title rights for the First Peoples of the Millewa-Mallee over an area in North-Western Victoria, marking the first such recognition along the Murray River.

The determination includes commitments to negotiate agreements under section 47C of the Native Title Act 1993 (Cth), potentially extending native title rights to certain park or conservation areas. Businesses operating in the determination area should ensure compliance with native title rights and engage with stakeholders early in project planning.

Sustainable development

Queensland: New social impact requirements for wind and solar farms

The Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025, which took effect on 18 July 2025, introduces significant changes for wind farms and large-scale solar farms in Queensland.

A key change is the new requirement for these projects to include a social impact assessment report and a community benefit agreement for all new applications, as well as for change applications classified as "another change" (ie. not a minor change). For minor change applications under the Development Assessment Rules (DA Rules), it is now necessary to demonstrate that the proposed change does not increase or introduce new social impacts.

The term social impact is defined in section 106R of the Act, which is called up in the DA Rules:

social impact, in relation to development requiring social impact assessment, means the potential impact of the development on the social environment of a community in the locality of the development, including the potential impact of the development on—

1. the physical or mental wellbeing of members of the community;

2. the livelihood of members of the community;

3. the values of the community; and

4. the provision of services to the community, including, for example, education services, emergency services or health services.

A social impact may include potential interference with mobile phone and radio reception, for example.

For more details, see our Insights Article here.

Environmental protection

SA: Government support package for algal bloom

The South Australian and Commonwealth Governments have announced a $28 million support package to address the harmful algal bloom along the State's coast. Since March 2025, the bloom has killed over 400 marine species in South Australian waters, causing significant damage to local fishing and tourism industries. The support package includes:

• Industry support: grants for eligible small businesses and access to financial counselling and workforce advisory services.

• Science and research: coastal monitoring, sample testing, and response planning for future bloom events.

• Communications: establishment of the "Harmful Algal Bloom Taskforce", public forums for impacted coastal communities and public information campaigns.

• Community support and clean up: beach clean-up and community fund to support activities and small projects in affected communities.

Climate change has been attributed as a contributing factor in the increase of the frequency, duration, and intensity of marine heatwaves, which have been linked to algal blooms. The unprecedented algal bloom highlights the growing risks that climate impacts pose to industries and the need for businesses to strengthen their resilience against ecological disasters.

Special thanks to Denise Angelopoulos (Sydney), Eduardo Sanchez Gonzalez (Sydney), Sara Pezhhan (Perth), Isabella Murphy (Melbourne), Ruby MacGregor (Melbourne) and Samuel Sunter (Melbourne) in for their contribution to this edition.