Nick Thomas
Clayton Utz
Partner
Sydney
Clients value him, not only as "a very personable, extremely commercial and highly knowledgeable lawyer," but also as one whose approach means: "You don't just feel like a client but like a member of a team."
– Chambers Asia Pacific
Overview
Nick is a leading expert in environment, planning, ESG, climate change, sustainability, water, property, regulated industries and government law, with a focus on infrastructure, land development, and energy and resources. With more than 25 years' experience collaborating with Commonwealth, State and local government as well as major corporations in a diverse range of industries, he has advised key players in many of Australia's most significant projects, transactions and environmental disputes. One of Nick's strengths is guiding projects through their entire lifecycle, from conception to operation. He advises at executive, board, and ministerial levels, and is known for delivering pragmatic solutions.
Nick has also been appointed a Fellow of the Environment Institute of Australia and New Zealand and was recently named Australia's best water lawyer by Best Lawyers (in association with the Australian Financial Review).
Notable Work
- Inland Rail program: leading a team across three States advising Australian Rail Track Corporation (ARTC) on the program (a 1700km program of major rail projects), covering all aspects of environment, planning, ESG, native title, government, land access and acquisition, and transport regulation. Nick began advising during the business case development and is continuing his team's role throughout the life of the various Inland Rail projects, including on a wide range of transactions and dispute resolution.
- Western Sydney International (Nancy Bird Walton) Airport: advising the Australian Government and subsequently WSA Co Ltd (as airport lessee) on environment, planning and ESG matters, as well as land acquisition and access, airport regulation and government laws. His role has spanned initial legislative drafting, two EIS processes, transactional work, strategic planning, approval design and implementation.
- Transport infrastructure: advising government and private sector proponents on an extensive range of major transport infrastructure projects and operations, including road, rail, light rail, port and airport projects in NSW and other States and Territories.
- Biodiversity / natural capital: advising on conservation and market development, natural capital initiatives and biodiversity transactions across Australia. Among other things, Nick has participated in design reviews for biodiversity market schemes in NSW and revisions to State and Commonwealth biodiversity laws, advised on innovative biodiversity enhancement projects and transactions, conducted workshops on nature positive initiatives, and acted on most of the biodiversity credit transactions to date in NSW (including devising many "first of kind" transaction structures).
- Greenfield development projects, urban renewal and precinct development: advising public and private sector clients, on master planning and planning instrument drafting, feasibility advice, land transactions and land management (including contamination), assessments and approvals, project delivery and various forms of dispute resolution. Nick has advised major developers (such as Celestino, Dahua, Goodman, Lendlease, Lyon Group, Mirvac, Stockland), aged care providers (such as Opal, HammondCare, BaptistCare), major NSW universities, the NSW Department of Planning and Environment, Landcom, NSW Land and Housing Corporation, Defence Housing Authority and key local councils (including Blacktown City Council).
- Natural disaster preparedness and planning, response and recovery: advising government and private sector clients, including on the development of resilience initiatives. Clients include infrastructure owners and operators, State metropolitan and rural fire agencies, State emergency services, and recovery agencies such as the Northern Rivers Reconstruction Corporation, the NSW Reconstruction Authority.Nick was recently invited to advise the New Zealand Government on natural disaster resilience.
- Carbon regulation and carbon markets: advising government agencies and private sector clients in the mining, energy and land sectors across Australia on the Safeguard Mechanism, carbon credit regulation, carbon credit generation projects,carbon transactions and related government policy. Nick's work has included advising the Australian Government on the design of the reverse auctions and standard contracts for the Emissions Reduction Fund.
- Clean energy solutions: advising a broad spectrum of clients, including on solar, wind, pumped hydro, biomass, energy from waste, hydrogen and P2X. Nick's experience includes acting for Origin Energy, AGL, Alinta, CWP Renewables, Hydro Tasmania and numerous other clients on existing and prospective projects, and for various proponents of hydrogen projects (both pilot and commercial scale). He has also advised the Australian Government on the development of its hydrogen policy, and the NSW Government on renewable energy policy and regulation, and on renewable energy projects for several NSW Government agency sites.
- Water policy and regulation: advising public and private sector clients on (including legislation and policy development, implementation and dispute resolution), water infrastructure projects (development, operation and access), water markets and water trading. Nick has advised:
- WaterNSW, Hunter Water, Sydney Water, the Department of Planning and Environment, IPART and the Australian Government; and
- private sector water utilities, property developers, land owners in urban and rural areas, investors, and mining and energy generation corporations.
- ESG issues and initiatives: advising a wide range of public and private sector clients including boards of major corporations and government agencies on ESG risk management (especially on greenwashing) and carbon reduction or net zero strategies; executives on sustainability policies and reporting (including assisting in the development of sustainability strategies); on the development and operation of certification and rating schemes (such as the development of the Infrastructure Sustainability rating scheme, an international "responsible steel scheme", a State stewardship scheme for paint products, and the Australian Government's Guarantee of Origin scheme); and on social licence creation and enhancement for corporations and specific projects.
- Mining, onshore petroleum (CSG) and resource extraction projects: advising domestic and multinational operators, investors, financiers, community groups, and the Australian and NSW Governments. Nick has helped clients to carry out assessments and obtain approvals, obtain land access agreements and mining authorisations, address competing land uses and rehabilitation obligations, respond to regulatory investigations and resolve disputes. He has also worked with the NSW Government on the development of legislation and policy reforms for land access and compensation, and on the assessment of mining applications.
- Waste management projects and operations: advising public and private sector clients on this, and waste regulation in infrastructure and property development projects. Nick's experience covers liquid and solid waste processing facilities, landfill facilities, water and biosolid treatment plants. He has assisted clients obtain approvals including resource recovery exemptions and orders, and advised on emerging solutions for waste management, such as energy from waste and biomass energy generation projects. He has advised on regulatory investigations and litigation relating to waste management projects.
Insights
Legislating for nature positive – NSW Government proposes major changes to biodiversity laws
22 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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Environment and Sustainable Development 5 Minute Fix 47: asbestos, renewable energy, sea bed mining, environmental penalties
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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Environment and Sustainable Development 5 Minute Fix 45: GHGs in health system, sea dumping, agritourism
20 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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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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Environment and Sustainable Development 5 Minute Fix 42: circular economy, mining, sustainability and marine dredging
20 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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Test case for legal unreasonableness decision fails in climate-based Court challenge
27 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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Regulator ready: Countdown is on for the commencement of the NSW water industry competition reforms
17 May 2023 | Article
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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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Media Release: Clayton Utz captures two 'Law Firm of the Year' awards in The Best Lawyers in Australia 2024 edition
20 Apr 2023 | Media Release
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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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Environment and Sustainable Development 5 Minute Fix 34: Safeguard Mechanism, hydrogen, offshore petroleum, critical minerals
2 Feb 2023 | Article
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NSW Government coal market price emergency powers in force, so check your supply arrangements now
23 Dec 2022 | Article
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Australian Guarantee of Origin scheme for renewable electricity and green products released for consultation
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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Water industry competition reform in NSW advances with release of draft regulation
26 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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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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Climate change adaptation front and centre for New South Wales Government decisions and planning
4 Aug 2022 | Article
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NSW to introduce new Biodiversity Credits Supply Fund and Taskforce
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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Leading energy companies sign up to trial Australia’s Hydrogen Guarantee of Origin certification scheme
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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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 Regulation clarifies energy from waste opportunities in NSW
3 Feb 2022 | Article
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Australian Hydrogen Guarantee of Origin certification scheme to be trialled over the next 18 months
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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Critical minerals and metals sector gets major boost from new NSW strategy
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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How can Australia's infrastructure sector ensure that assets are resilient during the infrastructure boom?
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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The Minister's Planning Principles: a plan for sustainable development in NSW
9 Dec 2021 | Article
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What is the X factor in P2X? A transformative solution to decarbonising and renewable energy intermittency beyond hydrogen
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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All links in a supply chain affected by NSW's product stewardship laws to reduce plastic and move to a circular economy
11 Nov 2021 | Article
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The future is green: NSW Government joins race to become a global hydrogen superpower
28 Oct 2021 | Article
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At last, NSW water industry competition reform offers more certainty for water infrastructure and services
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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New controls proposed for large-scale solar and wind developments in NSW
30 Sep 2021 | Article
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Avoid a bad BDAR, a bad DA and a bad day: demonstrating avoidance of biodiversity impacts for NSW development proposals
30 Sep 2021 | Article
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Refocusing energy from waste projects from Sydney to key NSW regions
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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Changes for public and private sector developments in proposed new Planning Regulations in New South Wales
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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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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A proposed Hydrogen Guarantee of Origin Scheme: A major step in Australia becoming a world leader in the hydrogen sector
8 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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Environment and Planning 5 Minute Fix 11: climate change, waste, resources, planning and environmental protection
4 Mar 2021 | Article
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Providing a better development contributions system in NSW: Productivity Commission Report released
23 Dec 2020 | Article
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Media Release: Collaboration, clearer guidelines and better information sharing key to successful reform of Australian environmental laws
28 Jul 2020 | Media Release
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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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Planning Delivery Unit to help relieve blockages in NSW planning system
9 Jul 2020 | Article
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Force majeure and the new (ab)normal: business resilience into the future
16 Apr 2020 | Article
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NSW EPBC Act Bilateral Agreement amended: what this means for biodiversity offsets
16 Apr 2020 | Article
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Parliamentary inquiries open the dialogue on nuclear energy and uranium mining
2 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 Government releases draft Design and Building Practitioners Bill 2019: speak now or forever declare
8 Oct 2019 | Article
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Trust but verify: the perils of providing false and misleading information to the NSW EPA
8 Aug 2019 | Article
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Report recommends clarifying EPBC Act operation and more opportunities for biodiversity offsets
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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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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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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NSW biodiversity offsets to be recognised in amended bilateral agreement
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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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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Legislation for fracking moratorium and prohibition on underground coal gasification operations in South Australia
21 Jun 2018 | Article
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Agriculture under the spotlight as its interaction with the EPBC Act is reviewed – have your say
24 May 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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Significant increase in penalties for threatened species offences on the cards for Tasmania
10 May 2018 | Article
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NSW proposes major reforms to protection of Aboriginal cultural heritage
1 Mar 2018 | Article
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Environmentalists win High Court challenge on Tasmanian anti-protest laws
26 Oct 2017 | Article
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Coal mine owners in NSW to be directly liable for subsidence damage
14 Sep 2017 | Article
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Ready or not: Time to transition to the new biodiversity conservation framework for NSW
14 Sep 2017 | Article
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NSW councils lose development approval powers to independent panels
17 Aug 2017 | Article
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The war on waste continues: minimum environmental standards for scrap metal facilities
17 Aug 2017 | Article
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Environmental due diligence loose ends: buyers … and sellers … beware
3 Aug 2017 | Article
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Setting the stage for a valid consent for staged development in NSW
22 Jun 2017 | Article
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Not my job! How important is it to identify the person who caused the breach of a NSW EPA licence?
27 Apr 2017 | Article
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Evolution, not revolution: reforms proposed for the NSW planning system
16 Jan 2017 | Article
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