Claire Smith
Clayton Utz
Partner
Sydney
Claire has been terrific to work with. She is technically excellent, commercially aware, and has provided terrific value-creating advice.
- Chambers Asia Pacific
Overview
A leading environment, planning and climate change lawyer, specialising in energy transition projects, natural capital, contaminated land risk transfer and disputes, ESG advisory services, environmental and planning litigation and dispute resolution and greenwashing. She has significant expertise advising on planning, regulatory and environmental approval requirements across the whole project cycle and also co-created CU SAFE app for critical safety and environmental incident response.
Claire is the National Practice Group Leader of the Environment & Sustainable Development team.
Notable Work
- Greenwashing risks: advising a range of clients on greenwashing risks including responding to ASIC notices arising out of misleading financial product disclosure information, ESG screening and investment exclusions and product disclosures.
- Idemitsu Renewables: advising on the establishment of a new renewable energy technology precinct at a former mine site in Muswellbrook, including approvals for a large-scale solar 250MW - 35MW project and battery energy storage system, a 250MW pumped hydro project and planning pathways for a hydrogen pilot plant. planning pathways for hydrogen pilot plants.
- Squadron Energy: advising on environment and planning risks associated with the acquisition of CWP Renewables' platform together with the Port Kembla Energy Terminal environmental compliance matters and ongoing wind farm dispute work.
- Natural Capital: advising various clients on natural capital opportunities and legal risk issues arising out of corporate reporting against the Taskforce for Nature Related Financial Disclosures and future likely mandatory climate and sustainability reporting requirements.
- EnergyCo's: advising on the planning and environment approval requirements for the Hunter Transmission Project, crucial enabling infrastructure for the NSW renewable energy zones.
- Department of Defence: advising on contaminated land litigation in the Supreme Court commenced by Qube in respect of the Moorebank Intermodal Terminal.
- Infrastructure NSW: advised on key planning and contamination risk matters associated with the redevelopment of Barangaroo Precinct, including a major contaminated land dispute and multiple sets of planning appeals.
- Qenos: advising on a major environment and safety compliance response associated with the collapse of a cooling tower at Port Botany and demolition and rebuild matters.
- Enel Green Power: advising in relation to their renewable energy portfolio including a wind farm dispute, neighbour agreements and solar farm developments.
- SSROC: spearheaded an extensive legislative review of waste and resource recovery laws, providing innovative recommendations and strategies to promote circular economy principles and enhance resource recovery in NSW.
Insights
Mandatory climate-related financial reporting to commence in 2025
17 Sep 2024 | Article
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Media Release: Clayton Utz advises Mitsui Fudosan on its largest acquisition in Australia
10 Jul 2024 | Media Release
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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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New national sustainable procurement policy to apply to construction, ICT, furniture and textiles
27 May 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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Your chance to shape the latest offshore wind regulations and transmission licence guidelines
2 May 2024 | Article
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Landmark European Court of Human Rights ruling that climate inaction violates human rights: what happens now
17 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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NZ Supreme Court opens door to climate litigation against corporates. What does it mean for Australia?
16 Feb 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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Environment and Sustainable Development 5 Minute Fix 45: GHGs in health system, sea dumping, agritourism
20 Dec 2023 | Article
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State of Play: Navigating climate: Regulator insights and trendspotting
4 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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Environment and Sustainable Development 5 Minute Fix 44: national sustainable finance strategy, petroleum and geothermal decommissioning
24 Nov 2023 | Article
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New environmental approvals guideline for offshore renewable energy projects
17 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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Company directors must act now and consider nature-related risks, according to new legal opinion
6 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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Guarantee of Origin Scheme for Hydrogen and Renewable Energy to become law in 2024
4 Oct 2023 | Article
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New Federal Environmental Impact Assessment Guidance for offshore wind projects in Australia
4 Oct 2023 | Article
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New sustainability requirements for non-residential development in NSW
28 Sep 2023 | Article
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NSW's new sustainability requirements for residential development about to begin
28 Sep 2023 | Article
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Launch of TNFD global framework is a step towards a nature-positive future
21 Sep 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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Building Biodiversity: Australian nature credit markets beyond the TNFD
19 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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ASIC keeps up the pace with its third greenwashing proceeding against Active Super
15 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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Test case for legal unreasonableness decision fails in climate-based Court challenge
27 Jul 2023 | Article
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Peeking behind the screen: ASIC's second greenwashing proceeding should prompt action by financial product issuers
25 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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Environment and Sustainable Development 5 Minute Fix 38: emissions targets, renewables, fracking, water, koalas
24 May 2023 | Article
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Get ready for fast-tracked investment for critical minerals and clean energy in Australia under new US-Australia Compact
22 May 2023 | Article
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Media: International Perspectives on Greenwashing: Australia and the UK
1 May 2023 | Audio
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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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Final draft version of TNFD beta framework released before publication in September
6 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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The rise of natural capital fuels Australian biodiversity markets
24 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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Environment and Sustainable Development 5 Minute Fix 34: Safeguard Mechanism, hydrogen, offshore petroleum, critical minerals
2 Feb 2023 | Article
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Historic commitment to conserve 30% of the world’s terrestrial and marine areas adopted at COP15
2 Feb 2023 | Article
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NSW EPA to limit GHG emissions under new Climate Change Policy and Action Plan
2 Feb 2023 | Article
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Media Release: Planning law specialist Wendy Evans joins Clayton Utz as a partner in Brisbane
1 Feb 2023 | Media Release
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Importance of the Circular Economy clear in proposed changes to the NSW Resource Recovery Framework
21 Dec 2022 | 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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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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Greenwashing is out of fashion, with the industry facing a crackdown on “eco-friendly” claims
21 Oct 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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NSW EPA releases for consultation its first ever plan for climate change action
12 Oct 2022 | Article
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Climate change effects violate Torres Strait Islanders’ rights, according to UN Human Rights Committee
7 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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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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ACSI July report 2022: What do these findings show for Board reporting of climate risk and emissions reduction?
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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Taskforce for Nature-related Financial Disclosure releases its v.02 beta framework for comment
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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ClientEarth pursues Shell’s Board of Directors for non-compliance with the Paris Agreement and transition failures
9 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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New simplified method for EPBC Referrals promises increased efficiency and transparency
12 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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Media Release: Clayton Utz claims over 200 spots in The Best Lawyers in Australia and inaugural 'Ones to Watch' 2023 Editions
21 Apr 2022 | Media Release
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Buyer's remorse: is the fashion industry next in line for ESG-related scrutiny and activism?
14 Apr 2022 | Article
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New beta framework for nature impacts disclosure regime shifts focus to nature-positive outcomes
14 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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European Commission takes huge step towards mandating corporate sustainability due diligence
17 Mar 2022 | Article
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Federal Court overturns duty of care in children's novel climate change case
17 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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Mining company Kepco fails to convince High Court to hear Scope 3 test case
17 Feb 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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Australia's textile waste problem and how the key players are responding
23 Dec 2021 | 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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Clean Air Bill 2021 tightens air pollutant emission standards for NSW's coal-fired power stations
9 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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IPC rejected mine extension project declared State Significant Infrastructure
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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How Australia's building and construction sector is responding to the "hidden" issue of a building's embodied carbon
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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Long-running Grafil saga flags potential changes for resource recovery in NSW
25 Nov 2021 | Article
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Not all types of greenhouse gas emissions need to be given the same weight by consent authority, says NSW Court
28 Oct 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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Environment and Planning 5 Minute Fix 18: climate change, biodiversity, infrastructure, renewable energy
30 Sep 2021 | Article
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Another one bites the (coal) dust: NSW greenfield mine rejected by IPC
16 Sep 2021 | Article
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NSW Court of Appeal clarifies the assessment of climate change impacts from mining projects
16 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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Media Release: Clayton Utz advises Japan's Mitsubishi Estate on second luxury One Sydney Harbour acquisition
13 Aug 2021 | Media Release
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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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Stemming the tide of biodiversity loss through nature-related financial disclosures
22 Jul 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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Proponents can expect greater scrutiny of Scope 3 Emissions following novel Federal Court Sharma decision
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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NSW Government releases six guidelines to support mine rehabilitation reforms
1 Apr 2021 | Article
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Pollution incidents and the duty to notify in NSW: how soon is "immediately"?
18 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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Closing in on a National Standard for the Environmental Risks of Industrial Chemicals
23 Dec 2020 | 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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NSW Infrastructure SEPP reforms to speed up delivery of low impact health infrastructure
10 Dec 2020 | Article
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Media Release: Clayton Utz sees new Virgin Australia take flight with completion of sale to Bain
20 Nov 2020 | Media Release
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Has a balance been struck? The final piece in the NSW Government's policy to protect koala habitat has been released
12 Nov 2020 | Article
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Clutching for life – new State Environmental Planning Policy to improve protections for koala habitat
15 Oct 2020 | Article
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NSW EPA Prosecution Guidelines to focus on human health and principles of environmental justice
15 Oct 2020 | Article
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NSW's new Housing Diversity SEPP to facilitate integrated social housing redevelopment
18 Aug 2020 | Article
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Future mining projects in NSW will happen (with restrictions) under new Strategic Statement
6 Aug 2020 | Article
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NSW moves to reform planning for build-to-rent and affordable, seniors and social housing
6 Aug 2020 | Article
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Samuel Review's Interim Report: national environment law needs reform both wide and deep
23 Jul 2020 | Article
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New Productivity Commission inquiry into the National Water Initiative
25 Jun 2020 | Article
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Long awaited proposals for NSW Infrastructure Contributions reform released
17 Apr 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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NSW Productivity Commission: Independent Planning Commission should be retained, but with major reforms
6 Feb 2020 | Article
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NSW developers beware: new building and subdivision certification provisions now in effect
12 Dec 2019 | Article
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NSW Government excludes scope 3 emissions from mining assessment
31 Oct 2019 | Article
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What does the future hold for the IPC: Review of the IPC called for by NSW Government
31 Oct 2019 | Article
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Taking responsibility for Scope 3 greenhouse gas emissions from burning coal: NSW makes a move
19 Sep 2019 | Article
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Narrow interpretation wins out: EPA v Grafil – huge blow for waste recycling industry
8 Aug 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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Revamp proposed for NSW underground petroleum storage regulation
30 May 2019 | Article
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Cumulative impact grounds an increasing challenge for proponents of large-scale wind farms in NSW
16 May 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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Court application to reclassify wind farm and battery energy storage facility in South Australia rejected
21 Mar 2019 | Article
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Media Release: Clayton Utz advises AXA on acquisition of Accor hotels
20 Mar 2019 | Media Release
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New decision rejects long-standing arguments concerning greenhouse gas emissions
12 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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NSW gets tough on asbestos waste dumping with new offences, penalties, and a draft Asbestos Waste Strategy
22 Nov 2018 | Article
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Addressing Australia's waste problems: new national targets to reduce waste
11 Oct 2018 | Article
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Consultation on South Australia's new planning system continues with the release of further documents
13 Sep 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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South Australia's draft State Planning Policies and policy discussion papers released – have your say
20 Aug 2018 | Article
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NSW Interim Occupation Certificates to stay until September 2019
16 Aug 2018 | Article
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Raising the bar: EPA v Grafil and a much tougher burden of proof for waste offences
19 Jul 2018 | Article
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Clayton Utz features prominently on the 2019 Best Lawyers Australia list
13 Apr 2018 | Media Release
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Changes to storage of dangerous substances and development on contaminated land in the ACT
12 Apr 2018 | Article
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Take the money and run? Court of Appeal confirms directors' liability for Council's clean-up costs
15 Mar 2018 | Article
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Significant planning reforms proposed for contaminated land in NSW
15 Feb 2018 | Article
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Filling the void? NSW Government seeks to strengthen rehabilitation obligations for mine operators
21 Dec 2017 | Article
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New assessment process for major projects in Tasmania ‒ have your say
21 Dec 2017 | Article
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Clayton Utz partner Claire Smith named 2017 Lawyer of the Year in the Contaminated Land and Groundwater Industry
21 Nov 2017 | Media Release
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New Contaminated Land Guidelines place more obligations on NSW Site Auditors
26 Oct 2017 | Article
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Modifying planning approvals beware: Centennial Coal discovers existing operations may not be reapproved
17 Aug 2017 | Article
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Social impact assessment to be reinvigorated for State significant resource projects in NSW
30 Mar 2017 | Article
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Draft national standard for management of industrial chemicals released
2 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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