Brendan Bateman

Clayton Utz
Partner Sydney

The "well respected" Brendan Bateman is praised for his "years of experience and specialist knowledge… I'm very impressed with the level of service; he spends time understanding his client and their needs."

– Chambers Asia Pacific

Overview

Brendan brings over three decades of experience as an expert in environmental, planning, climate change and administrative law. Notably, he advises on planning approvals and environmental impact assessments under both Federal and State legislation. As a founding director of the Carbon Market Institute, he leads our Climate Change and Sustainability Group, advising government and corporate clients on climate-related risks and policy implications on the transition to a low-emissions economy.

Notable Work
  • EnergyCo: advising on the establishment of various renewable energy zones and priority transmission line projects in NSW to facilitate large scale renewable energy projects.
  • Transgrid: advising on environmental assessment and planning approval requirements and land acquisition in respect of numerous new transmission line and upgrade projects including Snowy 2.0, Central West-Orana REZ augmentation and Energy Connect projects.
  • Transport for NSW (and predecessor agencies): advising on property, planning and environmental issues including land acquisition strategies and legal proceedings relating to the Sydney Gateway, NorthConnex, WestConnex, M6, M7 and M12 Motorway projects.
  • Sydney Metro: advising on planning approval pathways, land acquisition strategies and the compulsory acquisition of land for the purpose of the Sydney Metro Northwest, City & Southwest, West (Stages 1 and 2) and Western Sydney Airport projects.
  • QIC: advised on project design, ERF eligibility and environmental market issues in the establishment of a natural capital fund operating land-based projects which include the generation of ACCUs and reef credits with ESG co-benefits.
  • Sydney Water: advising on the Upper South Creek Advanced Water Recycling Centre and acquisition strategy for reticulated pipeline network to service Western Sydney Airport and Western Sydney Aerotropolis.
  • TfNSW: advised on the implementation of the Newcastle Integrated Services Project and Newcastle Urban Renewal and Transport Program including the truncation of part of the Newcastle rail line and approval and delivery of the Newcastle Light Rail project. The project was the subject of legal proceeding ultimately to the High Court.
  • National clients: advises on reporting obligations under the National Greenhouse and Energy Reporting Scheme (NGERS), obligations under the Safeguard Mechanism and trading in carbon and other green rights.
  • Corporate and government clients: advises on land contamination and remediation issues including obligations to report contaminated sites and site audit processes.
  • NSW Government: advised on complex planning and environment issues for the $7 billion Barangaroo urban renewal project.
Insights
Assessing market value in compulsory acquisition: NSW Court of Appeal further clarifies the statutory disregard
19 Aug 2024 | Article
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New Federal EPA and Information Authority: with major changes imminent, here's what you need to know
4 Jun 2024 | Article
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Environment and Sustainable Development 5 Minute Fix 48: renewable energy and targets, social and affordable housing
2 May 2024 | Article
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Landmark decision confirms proper characterisation of public purpose of compulsory acquisitions in Western Sydney Aerotropolis
23 Apr 2024 | Article
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Environment and Sustainable Development 5 Minute Fix 47: asbestos, renewable energy, sea bed mining, environmental penalties
20 Mar 2024 | Article
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The statutory disregard, stamp duty and just compensation: the NSW Court of Appeal clarifies
20 Mar 2024 | Article
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Biggest boost to NSW Environmental Regulation since 1991
20 Mar 2024 | Article
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Environment and Sustainable Development 5 Minute Fix 46: single-use plastic bans, biodiversity, biodiscovery, petroleum and greenhouse gas
5 Feb 2024 | Article
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Draft legislation released for mandatory climate reporting framework
23 Jan 2024 | Article
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All in or nothing: Half a development application isn't enough in NSW for it to be "made"
20 Dec 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 45: GHGs in health system, sea dumping, agritourism
20 Dec 2023 | Article
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COP28: The art of compromise in the UAE Consensus
19 Dec 2023 | Article
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New Climate Change Act in NSW to accelerate climate change mitigation and adaptation
1 Dec 2023 | Article
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COP28: What we can expect at Dubai
28 Nov 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 44: national sustainable finance strategy, petroleum and geothermal decommissioning
24 Nov 2023 | Article
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Replumbing financial markets for a sustainable future: the Government's Sustainable Finance Strategy Consultation Paper
17 Nov 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 43: carbon leakage, Future Gas Strategy, logging, planning
18 Oct 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 42: circular economy, mining, sustainability and marine dredging
20 Sep 2023 | Article
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What are the Commissioner's powers in the Land and Environment Court's conciliation process?
7 Sep 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 41: sea dumping, climate change, wind farms, housing affordability
25 Aug 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 40: carbon credits, critical minerals, offsets
27 Jul 2023 | Article
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Australia and Germany: Closer than ever following work on our strategic alliance
19 Jul 2023 | Article
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Key takeaways from the Bonn climate conference
7 Jul 2023 | Article
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Mandatory climate reporting – second consultation period underway to shape the final regime
7 Jul 2023 | Article
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New global Sustainability and Climate-related Disclosure Standards: how they will affect Australian businesses
7 Jul 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 39: offshore greenhouse gas storage, packaging and waste, decarbonising
30 Jun 2023 | Article
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The final pieces in Australia’s Emissions Safeguard Mechanism reforms
31 May 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 38: emissions targets, renewables, fracking, water, koalas
24 May 2023 | Article
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Pre-acquisition negotiations with minor interests: some good news from the Land and Environment Court
18 May 2023 | Article
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Mandatory climate-related financial disclosure: current developments in Australia, the UK and EU
1 May 2023 | Video
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Environment and Sustainable Development 5 Minute Fix 37: climate change obligations, renewables, greenwashing
26 Apr 2023 | Article
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Last minute Safeguard Mechanism Reforms introduce new obligations
3 Apr 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 36: IPCC synthesis report, e-products, National Sustainable Ocean Plan
30 Mar 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 35: climate triggers, Dutch hydrogen deal, koalas, PFAS
2 Mar 2023 | Article
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Australia’s Emissions Safeguard Mechanism gets teeth
2 Feb 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 34: Safeguard Mechanism, hydrogen, offshore petroleum, critical minerals
2 Feb 2023 | Article
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Environment and Sustainable Development 5 Minute Fix 33: net zero, waste export, energy, biodiversity, planning
12 Dec 2022 | Article
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Landmark Federal environmental overhaul: Independent National Environmental Protection Authority and sweeping reforms
9 Dec 2022 | Article
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COP27: Sharm El-Sheikh Implementation Plan agreed, but leaves more work for COP28
24 Nov 2022 | Article
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COP27: creating new forms of carbon dioxide removals proving to be a challenge
17 Nov 2022 | Article
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COP27: Article 6’s carbon markets mechanism strikes back
15 Nov 2022 | Article
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COP27, week one: an implementation race gets off to a flying start
10 Nov 2022 | Article
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Environment and Sustainable Development 5 Minute Fix 32: ozone layer, nuclear energy, hydrogen, water, biodiversity and planning
10 Nov 2022 | Article
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COP27 preview: the challenges of implementation, and what we can expect
4 Nov 2022 | Article
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Environment and Sustainable Development 5 Minute Fix 31: GHG, biomass, planning, PFAS
19 Oct 2022 | Article
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Environment and Sustainable Development 5 Minute Fix 30: Safeguard mechanism, renewable energy, SA planning review, biodiversity
16 Sep 2022 | Article
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Ensuring carbon credits are robust and credible: the Independent Review of Australian Carbon Credit Units
1 Sep 2022 | Article
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Environment and Sustainable Development 5 Minute Fix 29: climate change bills, environment as a human right, water resources
18 Aug 2022 | Article
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Australia’s Climate Change Bill: simple approach to a complex problem
4 Aug 2022 | Article
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Environment and Sustainable Development 5 Minute Fix 28: NGER reporting, carbon credits, water management, electricity grid and net zero
21 Jul 2022 | Article
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Environment Minister signals fundamental changes to national environmental law
20 Jul 2022 | Article
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Environment and Sustainable Development 5 Minute Fix 27: climate change, waste, energy, major projects and environmental protection
24 Jun 2022 | Article
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New code to confirm companies use carbon credits credibly
24 Jun 2022 | Article
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NSW Biodiversity Conservation Trust seeks to enhance biodiversity benefits through partnerships with business
24 Jun 2022 | Article
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Environment and Planning 5 Minute Fix 26: New Zealand’s adaptation plan, mining leases, Tas EPA reform, WA streamlining
26 May 2022 | Article
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Environment and Planning 5 Minute Fix 25: climate change, waste, energy, environmental protection
28 Apr 2022 | Article
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Environment and Planning 5 Minute Fix 24: climate change, waste, energy and environmental protection
31 Mar 2022 | Article
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Environment and Planning 5 Minute Fix 23: offset assessments, circular economy, EPBC referrals
3 Mar 2022 | Article
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Environment and Planning 5 Minute Fix 22: ERF, renewables, circular economy, planning
3 Feb 2022 | Article
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Proposed overhaul of Australia's carbon offset certification schemes to expand incentives to move towards net-zero
15 Dec 2021 | Article
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Environment and Planning 5 Minute Fix 21: NGER, National Gas Infrastructure Plan, NSW renewable energy, ecosystem decline in Victoria
9 Dec 2021 | Article
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Proposed NSW environmental laws to expand director and manager liability for environmental offences
9 Dec 2021 | Article
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COP26 Glasgow delivers Climate Pact and path forward for the decisive decade
25 Nov 2021 | Article
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Environment and Planning 5 Minute Fix 20: climate change adaptation, circular economy, Renewable Energy Zones, coal mining
25 Nov 2021 | Article
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COP26 at the end of week one: progress despite the fault lines
8 Nov 2021 | Article
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Environment and Planning 5 Minute Fix 19: climate change and environmental protection
28 Oct 2021 | Article
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Industry Trends: Net Zero Pledges
19 Oct 2021 | Article
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Environment and Planning 5 Minute Fix 18: climate change, biodiversity, infrastructure, renewable energy
30 Sep 2021 | Article
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An Australian first: NSW EPA ordered to take action to address climate change
2 Sep 2021 | Article
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Environment and Planning 5 Minute Fix 17: climate change, energy, resources, planning and environmental protection
2 Sep 2021 | Article
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Your feedback sought on unique crediting arrangement for Australia’s largest greenhouse gas emitters
2 Sep 2021 | Article
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Net zero pledges: how to ensure yours is robust and effective
19 Aug 2021 | Article
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The new norm: climate-focused management and reporting
19 Aug 2021 | Article
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Environment and Planning 5 Minute Fix 16: climate change, energy, resources, sustainable development and biodiversity
1 Aug 2021 | Article
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Changes for major project assessments and approvals in NSW, as Rapid Assessment Framework rolls out
22 Jul 2021 | Article
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Federal Court's final orders in children's novel climate change case clarify duty of care, but impact still to play out
9 Jul 2021 | Article
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Environment and Planning 5 Minute Fix 15: climate change, plastic waste, EPBC Act reforms
8 Jul 2021 | Article
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Environment and Planning 5 Minute Fix 14: planning, environmental protection
10 Jun 2021 | Article
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Three significant climate change developments in Australia and overseas with implications for resource projects
27 May 2021 | Article
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Environment and Planning 5 Minute Fix 13: climate change, waste, sustainable development and environmental protection
13 May 2021 | Article
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Environment and Planning 5 Minute Fix 12: resources, planning and environmental protection
15 Apr 2021 | Article
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Attention directors: investors call for climate change management and disclosure
11 Mar 2021 | Article
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Environment and Planning 5 Minute Fix 11: climate change, waste, resources, planning and environmental protection
4 Mar 2021 | Article
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Environment and Planning 5 Minute Fix 10
4 Feb 2021 | Article
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Media Release: Three Clayton Utz partners named winners at 2020 Lawyers Weekly Partner of the Year Awards
14 Dec 2020 | Media Release
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Government services 5 Minute Fix 07
10 Dec 2020 | Article
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Environment and Planning 5 Minute Fix 09
26 Nov 2020 | Article
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No Rest for superannuation trustees on climate change risk
12 Nov 2020 | Article
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The new Climate Change Bill offers a fresh approach – but will it be taken?
12 Nov 2020 | Article
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Environmental claims again under the spotlight in the Full Federal Court
29 Oct 2020 | Article
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Making a "greenwashing" claim? The New Zealand Commerce Commission guidance could help Australian businesses
12 Aug 2020 | Article
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Creating Australia's low-emissions future: Government seeks comment on Technology Investment Roadmap Discussion Paper
28 May 2020 | Article
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King-sized plans to accelerate abatement – are they big enough?
28 May 2020 | Article
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Radical changes to NSW planning and local government laws to help with COVID-19
25 Mar 2020 | Article
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Environment and Planning 5 Minute Fix 08
5 Mar 2020 | Article
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COP25 Madrid - A Missed Opportunity
21 Jan 2020 | Article
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COP25 05: At the end of the conference, goodwill does not equal ambition
18 Dec 2019 | Article
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Media Release: 2019 AusLSA Sustainability Update shows Clayton Utz advancing in social impact and sustainability efforts
13 Dec 2019 | Media Release
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COP25 04: Taking the pulse – it's the economy stupid!
12 Dec 2019 | Article
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Environment and Planning 5 Minute Fix 07
12 Dec 2019 | Article
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COP25 03: Mid-way stocktake
10 Dec 2019 | Article
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COP25 02: Chile in Madrid? Yes, but it’s hotting up
6 Dec 2019 | Article
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COP25 01: When too much ambition is never enough
29 Nov 2019 | Article
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Environment and Planning 5 Minute Fix 06
14 Nov 2019 | Article
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Environment and Planning 5 Minute Fix 05
25 Jul 2019 | Article
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Another piece in the planning puzzle: NSW councils release draft local Strategic Planning Statements for public comment
18 Jul 2019 | Article
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Environment and Planning 5 Minute Fix 04
27 Jun 2019 | Article
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Media Release: Clayton Utz congratulates Sydney Metro on the opening of Sydney Metro Northwest
4 Jun 2019 | Media Release
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Environment and Planning 5 Minute Fix 03
2 May 2019 | Article
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It's not just the climate that's warming up: new heat on directors
4 Apr 2019 | Article
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After the (coal) dust settles – Rocky Hill case and social impacts
29 Mar 2019 | Article
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Does latest NSW Land and Environment Court decision dampen interest in greenhouse gas emissions for coal projects?
28 Mar 2019 | Article
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Environment and Planning 5 Minute Fix 02
21 Mar 2019 | Article
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Another claim bites the dust: NSW Court of Appeal curtails claims for loss of future profit in land acquisition
8 Mar 2019 | Article
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New decision rejects long-standing arguments concerning greenhouse gas emissions
12 Feb 2019 | Article
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Environment and Planning 5 Minute Fix 01
7 Feb 2019 | Article
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NSW Government seeks comment on SEPP 70 changes to accelerate affordable housing
4 Dec 2018 | Article
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Time is running out for owners of buildings with combustible cladding in NSW
5 Sep 2018 | Article
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NSW Interim Occupation Certificates to stay until September 2019
16 Aug 2018 | Article
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Wilpinjong mining approval stands despite climate change policy challenge
2 Aug 2018 | Article
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Whose fault is it anyway? Bettergrow v Transgrid and the problem of assigning liability when subcontractors are involved
10 May 2018 | Article
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The updates to the NSW planning system are here!
15 Mar 2018 | Article
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Australia's National Energy Guarantee: Proposed design up for discussion
1 Mar 2018 | Article
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Climate risk reporting: pressure builds for disclosure by Australian corporates
1 Mar 2018 | Article
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Emissions requirement under the National Energy Guarantee: Proposed design up for discussion
1 Mar 2018 | Article
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Clayton Utz continues to invest in sustainable practices for the future
22 Dec 2017 | Media Release
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Australia's 2017 Review of Climate Change Policies: stable, predictable but scalable?
21 Dec 2017 | Article
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COP23: The wrap-up and the way forward
22 Nov 2017 | Article
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NSW planning system set for significant reform
17 Nov 2017 | Article
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COP23: Taking baby steps
15 Nov 2017 | Article
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COP23: Getting down to business
13 Nov 2017 | Article
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The National Energy Guarantee: Our new technology-neutral energy policy
9 Nov 2017 | Article
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The National Energy Guarantee: what does it mean for your business?
9 Nov 2017 | Article
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Trumping the Paris Agreement: What's in store at COP23?
6 Nov 2017 | Article
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Whose objection is it anyway? New local resident group can inherit right to challenge development consent on its merits
26 Oct 2017 | Article
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AEMO chimes in on energy security measures
14 Sep 2017 | Article
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Sirius explanation of NSW heritage listing laws
3 Aug 2017 | Article
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The renewables debate shifts a gear: Finkel Review proposes Clean Energy Target
22 Jun 2017 | Article
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Review of Climate Change Policies: any bright ideas?
30 Mar 2017 | Article
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Evolution, not revolution: reforms proposed for the NSW planning system
16 Jan 2017 | Article
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First Emissions Reduction Fund auction scheduled for 15 April 2015
19 Feb 2015 | Article
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Getting connected with the precautionary principle
28 Jul 2006 | Article
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