Our experienced Climate Change team regularly publishes articles and updates - the full list of publications appears below. If you'd like to be notified when we add new climate change publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
- 24 December 2008
Focus: Climate ChangeThe Federal Department of Climate Change recently released an exposure draft of legislation and regulations for the Federal Government's proposed expanded national renewable energy target scheme. Partner Grant Anderson and Lawyer John Henderson look at the draft legislation and some associated proposals
- 23 December 2008
Focus: Climate ChangeFollowing on from our summary of the Federal Government's White Paper on its Carbon Pollution Reduction Scheme 'Australia's Low Pollution Future' , Partner Grant Anderson discusses in greater detail the assistance that is to be provided to emissions-intensive trade-exposed industries. This is the first in a series of articles that examines in more depth the principal proposals contained in the White Paper
- 15 December 2008
Client Update: Climate ChangeAt midday, the Prime Minister, Kevin Rudd, released the much-anticipated White Paper that outlines the Federal Government's Carbon Pollution Reduction Scheme and the medium-term target for reducing national emissions
- 20 November 2008
Focus: Climate ChangeThe long-awaited enabling legislation for carbon capture and storage in Commonwealth offshore waters has been passed by the Federal Parliament. Partner Anna Collyer and Lawyer Damien Hughes look at the important last-minute Senate amendments to the legislation
- 07 November 2008
Focus: Climate ChangeThe Victorian Parliament has passed legislation to facilitate and regulate carbon capture and storage activities in onshore Victoria. The passage of the legislation is in advance of the Federal Government's 'offshore' carbon capture and storage Bill, which is currently before the Senate. Partner Anna Collyer, Senior Associate Peter O'Sullivan and Lawyer Damien Hughes report
- 05 November 2008
Client Update: Climate ChangeChina's State Council Information Office recently released its White Paper on climate change. Partner Campbell Davidson and Lawyer Mark Harding report on this major policy statement from the Chinese Government
- 03 November 2008
Focus: Climate ChangeLate last week the Treasurer and the Minister for Climate Change and Water released the long-awaited Commonwealth Treasury modelling on the economic impact on Australia of reducing greenhouse gas emissions over the medium and long term. Partner Grant Anderson discusses the outcomes of that modelling
- 24 October 2008
Focus: Information Technology & Climate ChangeThe need to meet new emissions reporting requirements in 2009 will require many organisations to procure new information technology systems or modify existing systems to provide enhanced reporting systems capability. Partner Niranjan Arasaratnam and Senior Associate Ken Shiu report on what needs to be done to comply with the reporting requirements
- 23 October 2008
Focus: Climate ChangePartner Anna Collyer and Senior Associate Cate Barlow look at the progress of an important piece of Commonwealth carbon capture legislation
- 30 September 2008
Client Update: Climate ChangeThe Garnaut Climate Change Review's Final Report, which was released today, contains no surprises but simply confirms many of the findings and recommendations made in the Review's previous reports. Partner Grant Anderson reports
- 05 September 2008
Client Update: Climate ChangeProfessor Ross Garnaut's Supplementary Draft Report released today proposes a 'soft approach' to emission reduction targets, with the development of a comprehensive international agreement being critical to Australia accepting increased targets. Partner Matthew Skinner and Senior Associate Suzanne Westgate report
- 01 September 2008
Focus: Climate ChangeThe Voluntary Carbon Standard 2007 is one of the most internationally recognised voluntary standards for earning carbon credits. Partner Campbell Davidson and Lawyer Mark Harding examine the Voluntary Carbon Standard as an alternative, or complement, to Clean Development Mechanism approval for greenhouse gas-reducing projects in the PRC
- 07 August 2008
Focus: Climate ChangeIn a landmark decision, the Victorian Civil and Administrative Tribunal has refused development consent to a housing development in South Gippsland because of climate change considerations, including the threat of increasing storm severity and rising sea levels. Partner Paul Lalich, Lawyer Fleur Ramsay and Paralegal Madeleine Ellicott report on the decision
- 29 July 2008
Focus: Climate ChangeThe ACCC has released a guideline, Carbon claims and the Trade Practices Act, that is intended to inform both the providers and users of carbon offsets of their obligations under the Trade Practices Act 1974 (Cth) where they make claims based on those carbon offsets. Partner Grant Anderson and Lawyer Adam Ross report
- 24 July 2008
Focus: Climate ChangeFollowing on from our summary of the Federal Government's Green Paper on its proposed Carbon Pollution Reduction Scheme released on 16 July 2008, Partner Grant Anderson discusses in greater detail the proposals regarding the design of that Scheme
- 16 July 2008
Client Update: Climate ChangeOn 16 July 2008, the Minister for Climate Change and Water, Penny Wong, released a much-anticipated Green Paper that sets out the Federal Government's preferred model for Australia's proposed emissions trading scheme, to be known as the Carbon Pollution Reduction Scheme. Allens Arthur Robinson's Climate Change Group provides initial commentary on the key reforms proposed in the Green Paper
- 11 July 2008
Focus: Climate ChangeOn 2 July 2008, Federal Climate Change Minister Penny Wong released a discussion paper canvassing two regulatory approaches for an expanded national renewable energy target scheme. Partner Grant Anderson, Senior Associate Robyn Glindemann and Lawyer Jessica Moir look at the discussion paper
- 08 July 2008
Focus: Climate ChangeFollowing on from his summary of the draft report of the Garnaut Climate Change Review released on 4 July 2008, Partner Grant Anderson discusses in greater detail some of the principal findings and recommendations of the draft report
- 04 July 2008
Client Update: Climate ChangeThe eagerly awaited draft report of the Garnaut Climate Change Review was released at lunchtime today. Partner Grant Anderson and Senior Associate Suzanne Westgate provide initial commentary on the findings of the draft report
- 02 July 2008
Focus: Climate ChangeOn June 26, the Federal Climate Change Minister Penny Wong released the National Greenhouse and Energy Reporting Regulations 2008, providing important detail for companies who may be required to report under the National Greenhouse and Energy Reporting Scheme which commences on 1 July 2008. Partner Grant Anderson, Senior Associate Robyn Glindemann and Lawyer Jess Moir look at the new regulations
- 30 May 2008
Focus: Climate ChangeThe Federal Government has released its long-awaited exposure draft of the Offshore Petroleum Amendments (Greenhouse Gas Storage) Bill 2008. The Bill's purpose is to establish the framework for access to offshore geological storage formations, and the creation of property rights for greenhouse gas injection and storage activities in Commonwealth offshore waters. The Federal Government has described the legislation as being 'world first', and its terms will be subject to international scrutiny
- 29 April 2008
Client Update: Climate ChangePartner Darren Murphy and Senior Associate Caitlin Westgarth report on the Federal Government's announcement to amend the Energy Efficiency Opportunities Regulations 2006 with effect from 1 July 2008 to avoid duplication with the reporting requirements under the National Greenhouse and Energy Reporting System
- 16 April 2008
Focus: Climate ChangeA number of developments in the US indicate that it is likely to enact a federal climate change law, including nationwide mandatory caps on greenhouse gas emissions and the establishment of a nationwide emissions trading scheme. This would have a significant flow-on effect to the world carbon market. Partner Seamus Cornelius and Lawyer Mark Harding provide an overview of these recent developments
- 11 April 2008
Focus: Climate ChangeWhen the Federal Government implements the national emissions trading scheme (NETS), proposed to be in 2010, the New South Wales Greenhouse Gas Reduction Scheme (GGAS) will cease to operate. The NSW Government has released its long-awaited consultation paper on the possible transitional arrangements. Partner Andrew Mansour and Lawyer Andrew Daly outline the proposed transition options
- 26 March 2008
Focus: Climate ChangeProfessor Ross Garnaut has released his discussion paper on the design of an Australian emissions trading scheme. The proposals contained in the paper will be an important input into the design of the Federal Government's scheme and some of them are likely to engender vigorous debate. Partner Grant Anderson reports
- 04 March 2008
Focus: PlanningThe extent to which climate change is relevant to major project assessment in NSW was recently examined by the NSW Land and Environment Court - this time in the context of 'flood impacts' and concept plan approvals under Part 3A of the Environmental Planning and Assessment Act 1979 (NSW). Partner Jim Parker and Senior Associate Suzanne Westgate review the court's recent decision in Walker v Minister of Planning and Anor
- 29 February 2008
Client Update: Climate ChangeProfessor Garnaut's recently released interim report on the impact of climate change in Australia outlines the type of recommendations that may feature in the ultimate report which will be released in September this year. Partner Grant Anderson and Senior Associate Suzanne Westgate report
- 19 February 2008
Focus: Climate ChangeThe ACCC has released a guideline entitled Green Marketing and the Trade Practices Act that is intended to assist manufacturers, suppliers and advertisers to avoid making misleading claims about the environmental benefits of the products or services that they produce, supply or advertise. Partner Grant Anderson and Articled Clerk Adel Mohamed report
- 11 February 2008
Focus: Climate ChangeThe National Greenhouse and Energy Reporting Act 2007 (Cth) provides the legislative framework for the operation of the National Greenhouse and Energy Reporting System, which will be a key element of the proposed Australian emissions trading scheme. The Federal Government has released a policy paper that sets out the content of the regulations to be made under that Act. Partner Grant Anderson analyses the key points arising out of the paper
- 07 February 2008
Focus: Climate ChangeThe Australian Competition and Consumer Commission has signalled that it will closely examine advertising containing references to carbon offsets and 'green' products to ensure that it is not misleading or deceptive. As part of its focus on this area, the ACCC has recently instituted proceedings in respect of particular advertisements and has also released an issues paper outlining its concerns over this form of advertising. Partner Grant Anderson and Lawyer Adam Ross report
- 08 January 2008
Focus: Climate ChangeThe Clean Development Mechanism (CDM) is potentially a useful tool for companies from developed nations, providing a cost-effective way to reduce greenhouse gas emissions and to generate an additional revenue stream for projects in developing nations. Partner Campbell Davidson and Lawyer Mark Harding provide an introduction to the CDM in China, which is currently one of the most attractive places for CDM investment
- 19 December 2007
Focus: Climate ChangeFollowing two weeks of meetings, and a fractious plenary session that went all night, the 187 country participants at the 2007 Conference of the Parties to the United Nations Framework Convention on Climate Change in Bali eventually agreed the 'Bali Action Plan' or 'road map'. Partner Grant Anderson outlines the principal components of the Bali Action Plan and the opportunities for Australian businesses now Australia has ratified the Kyoto Protocol.
- 26 November 2007
Focus: Climate ChangeWith climate change issues being one of the key agenda items for the newly elected ALP Federal Government, Partners Anna Collyer and Scott Langford and Senior Associate Hayley McNamara review the current status of the development of a legislative framework for the implementation of carbon capture and storage technologies in the Australian energy sector
- 25 October 2007
Focus: Climate ChangeThe National Greenhouse and Energy Reporting Act 2007 came into operation on 28 September 2007. This Act provides the legislative framework for the National Greenhouse and Energy Reporting System, which will be a key element of any Australian emissions trading scheme. A discussion paper on the proposed regulations that will fill out the details of the reporting system was released last week.
- 02 October 2007
Focus: Climate ChangePartners Matthew Skinner and Annette Hughes and Lawyer Jonathan Pagan look at three recent decisions - one in Australia and two from the US - dealing with climate change and the law
- 26 September 2007
Focus: Climate ChangeThe Prime Minister's Task Group on Emissions Trading has released a discussion paper for public comment on incentives for abatement in the period leading up to the commencement of a national emissions trading scheme in 2011. The Early Abatement Incentives Discussion Paper was released on the same day as the Prime Minister announced the new Commonwealth 30,000 gigawatt hours clean energy target by 2020 and comes amid mounting election pressure to take concrete steps to address climate change.
- 29 August 2007
Focus: Climate ChangeThe NSW Land and Environment Court has again examined the issue of the extent to which climate change impacts should be assessed for major project proposals. Partner Matthew Skinner, Senior Associate Felicity Rourke and Lawyer Elizabeth Lamaro review the court's decision in Drake-Brockman v Minister of Planning & Anor and comment on the guidance it provides on the assessment of greenhouse gas emissions for major development projects in NSW
- 28 August 2007
Focus: Climate ChangeIn addition to the newly launched Australian Climate Exchange that precedes the establishment of a national climate exchange market by the Federal Government, Australian companies are involved in generating and trading greenhouse gas emission reductions on international climate exchange markets.
- 20 August 2007
Focus: Climate ChangeThe Federal Government has taken an important step towards a national emissions trading scheme with the introduction of the National Greenhouse and Energy Reporting Bill 2007. Partner Ben Zillmann, Special Counsel Philip Murray and Lawyer Simon Batten report
- 12 July 2007
Focus: Climate ChangeChina's recently released National Climate Change Program focuses on reducing China's energy consumption per unit of GDP by encouraging growth of renewable and nuclear energy, energy conservation and clean technology sectors. It is also part of China's long-term strategy to develop its domestic high technology and low energy consuming sectors. Partner Campbell Davidson, Senior Associate Li Hong and Lawyer Mark Harding highlight the program's key aspects
- 14 June 2007
Focus: Environment & Climate ChangeSince the NSW Land and Environment Court's landmark decision in November 2006 requiring the environmental assessment of the proposed Anvil Hill coal mine to consider the impact of downstream greenhouse gas emissions, the decision of the NSW Minister for Planning on whether the project should proceed has been eagerly awaited.
- 01 June 2007
Client Update: Climate ChangeThe Prime Minister's Task Group on Emissions Trading has released its long-awaited findings. Partner John Greig and Senior Associate Suzanne Westgate provide initial commentary on the Task Group's findings
- 12 April 2007
Focus: Climate Change LitigationPartner Matthew Skinner and Lawyer Julie-Anne Pearce report on a recent decision of the United States Supreme Court with potentially significant implications for greenhouse gas emitting industries
- 20 March 2007
Focus: ResourcesAs the question of using nuclear energy in Australia heats up, Partner Anna Collyer and Lawyer Jeremy Loeliger revisit the major aspects of the Federal Government's recent report on uranium mining, processing and energy
- 14 March 2007
Focus: Environment & PlanningThe State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007, which was gazetted on 16 February 2007, should bring some welcome consistency to certain aspects of planning law to these industries across NSW. It may be of more limited assistance for coal and mineral sands miners. Senior Associate Felicity Rourke looks at the new policy
- 16 February 2007
Client update: ResourcesIn a landmark decision for the Queensland mining industry, the Queensland Land and Resources Tribunal has handed down its first ruling regarding greenhouse gas emissions. Lawyer Oliver Lawson and Partner Ben Zillmann report
- 05 January 2007
Focus: Environment & PlanningOn 4 December 2006, the Threatened Species Conservation Amendment (Biodiversity Banking) Act 2006 commenced. This Act establishes a biodiversity offset and land banking scheme by which the NSW Government intends to introduce a market-based approach to addressing the impacts of expanding urban development on biodiversity. Partner Mark Stubbings and Lawyer Kristy Owen look at what the new NSW legislation means for landholders
- 04 December 2006
Focus: Corporate ResponsibilityOn 27 November 2006, the NSW Land and Environment Court handed down a landmark decision, finding that the developer of the proposed Anvil Hill coal mine had failed to adequately assess the climate change impacts of the mine. Partner Annette Hughes and Lawyer Julie-Anne Pearce consider the court's decision against the backdrop of an increasing awareness of the legal aspects of climate change
- 26 October 2006
Focus: Product LiabilityOn 20 September 2006, the State of California commenced an action in US federal court seeking compensation from six leading car manufacturers for contributing to global warming. Partner Annette Hughes and Lawyer Julie-Anne Pearce consider the relevant backdrop and emerging trend of suing industry for damages caused by emissions
- 15 September 2006
Focus: EnergyThe National Emissions Trading Taskforce has released a blueprint of a proposed national greenhouse gas emissions trading scheme and is inviting consultation on the plan. Senior Associate Julie Freeman and Articled Clerk Alan Grinceri review the proposed scheme
- 15 August 2006
Focus: Environment & PlanningTo give effect to various initiatives from its Our Environment, Our Future - Sustainability Action Statement 2006, the Victorian Government has introduced several pieces of legislation into Parliament, including the Environment Protection (Amendment) Bill. Senior Associate Meg Lee and Lawyer Caroline Ray report on the Bill, which will streamline the Environment Protection Act 1970 and give the Environment Protection Authority new efficiency and enforcement tools
- 03 August 2006
Focus: EnergyThe Victorian Government has introduced a Bill to Parliament to create a renewable energy target scheme to supplement the Federal Government's mandatory renewable energy target. Partner Paul Kenny and Articled Clerk Alan Grinceri discuss the proposed VRET scheme
- 28 July 2006
Focus: Environment & PlanningWe look at the latest changes to the Environmental Protection Act 1986 (WA) and the state's ambitious water reform
- 23 June 2006
Focus: Environment & PlanningThe first challenge to the consideration of the effects of greenhouse gas emissions under the Commonwealth's environmental legislation has been dismissed by the Federal Court. Special Counsel Philip Murray and Lawyer Simon Batten report
- 16 February 2006
Focus: EnergyA number of important pronouncements were made at this month's COAG meeting about the ongoing reform of the energy sector. Partner Grant Anderson, Senior Associate Darren Murphy and Lawyer Brigg Baxter provide a brief overview of these pronouncements
- 23 August 2005
Focus: Environment & PlanningPartner Paul Lalich and Senior Associate Suzanne Westgate report on the new biodiversity certification and mitigation banking scheme that has the potential to change the face of development and biodiversity conservation in NSW
- 30 May 2005
Focus: ResourcesA framework to facilitate and regulate the exploration for, and extraction of, geothermal energy resources in Victoria will be created by the new Geothermal Energy Resources Act, which was enacted earlier this year and will come into effect on or before 30 June 2006. Lawyer Alex Fleming and Partner Scott Langford examine the Act and some of the interesting issues raised by it
- 21 April 2005
Focus: Kyoto ProtocolNow that the Kyoto Protocol is in force, focus has turned to its implementation and variations in emerging domestic and international emissions trading markets. There is also uncertainty about what the natural and business climate will resemble beyond the Protocol's first commitment period in 2012. Partner Chris Schulz and Lawyer Emily Gerrard look at regional opportunities and changes for business under the Protocol and beyond
- 16 February 2005
Focus: Kyoto ProtocolAfter many years of negotiation, the Kyoto Protocol comes into force today. Much publicity and effort has focused on the Protocol's implementation, which has been celebrated as an example of international cooperation in addressing global climate change. However, the Protocol's practical impacts remain a matter of contention and conjecture. Partner Chris Schulz and Lawyer Emily Gerrard discuss the Protocol and examine the potential impact on Australian business
- 08 November 2004
Focus: Environment & PlanningA recent Victorian Civil and Administrative Tribunal ruling has meant that future planning scheme amendments may have to consider wider and more indirect impacts such as greenhouse effects when assessing the environmental impacts of a project. Lawyer Naomi Lindsay and Partner Chris Schulz look at the ruling's ramifications
- 16 June 2004
Focus: Energy White PaperYesterday, the Federal Government released its White Paper on energy policy entitled Securing Australia's Energy Future. While the White Paper does not contain any major shifts in policy direction, it does introduce several new initiatives. Its most controversial feature is likely to be the absence of any expansion of the Mandatory Renewable Energy Target scheme. Partner Grant Anderson and Senior Associate Darren Murphy provide a brief overview of the highlights of the White Paper.
- 10 February 2004
Focus: EnergyIn March 2003, the Commonwealth Government established a panel to review its Mandatory Renewable Energy Target as stipulated under the Renewable Energy (Electricity) Act 2000. Although the panel reported to Parliament in September 2003, its report was only released to the public in January this year. Senior Associate Robyn Glindemann examines the significant findings of the panel
- 08 October 2003
Focus: EnergyOne of the recommendations of the Parer Committee was the replacement of the existing disparate Commonwealth and State greenhouse abatement schemes with a national emissions trading scheme. Partners Jim Parker and Grant Anderson look at these schemes and the Parer Committee recommendations as well as the Kyoto Protocol and the emerging prospect of climate change litigation
- 09 September 2003
Focus: WaterThe manner in which we use and protect Australia's scarce water resources has been foremost in the minds of politicians in recent days. Partners Chris Schulz and Jim Parker and Lawyer Ashley Bleeker report on two landmark initiatives
- 24 December 2002
Focus: EnergyThe COAG Energy Market Review Panel released its final report, Towards a Truly National and Efficient Energy Market, on 20 December 2002. Partner Grant Anderson looks at the main areas in which the final report differs from the draft report
- 20 November 2002
Focus: EnergyComments on the COAG Energy Market Review Panel's draft report are due by 6 December. Partner Grant Anderson looks at the principal recommendations. Future articles will examine some of these issues in more depth
- 27 June 2002
Focus: EnvironmentThe NSW Government is seeking feedback on the concept of 'green offsets'. Lawyer Shyama Chatterjee outlines the principles behind green offsets and the implementation of trial offset schemes
- 29 November 2001
Focus: EnvironmentBusiness will be encouraged to participate in a Federal Government program of greenhouse gas emissions credits. We look at what it entails
- 14 November 2001
The Coalition's environmental policiesIn the wake of the Coalition's election victory, AAR lawyers Sarah Howse and Claire Van Schaik examine the environmental policies it outlined during the campaign
- 12 July 2001
Focus: EnvironmentWe provide a summary of environment funding initiatives in this year's Federal Budget and look at a National Environment Protection Council proposal to lower the air ambient quality standard
- 16 June 2001
In the moneyCapital markets update June 2001 - our feature article looks at recent activity in the securitisation market and considers how recent regulatory changes will impact on the current levels of activity
- 15 January 2001
Focus: EnergyThe recent climate change talks in The Hague may have ground to a halt without any agreement, but reform is already a reality. The Australian energy sector, for one, is in rapid transition. Are you heading in the right direction?
