New environmental and planning regulation is on its way. Gain a comprehensive understanding of the implications of the amendments to the EPA (Cth), the WA environmental approvals process and the Planning and Development Amendment Bill. Uncover strategies for managing land use conflicts including urban development needs and applications, pollution impacts, industrial licences and the environmental law claims that might arise out of these land use conflicts.
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on WA legislation
Chair:
Adam Sharpe, Barrister, Francis Burt Chambers
2.00pm to 3.00pm Changes to Environmental Law and the Effect on Western Australian Industry
- Changes to environmental law and policy in Western Australian such as the Western Australian environmental approvals process
- Environment Protection and Biodiversity Conservation Act 1999 (Cth) reform and the Nature Positive Plan changes at the Commonwealth level
- The effects these changes will likely have on industry and future industry projects in Western Australia
Presented by Madelaine Cannell-Lunn, Associate Solicitor, Hetherington Legal
3.00pm to 4.00pm The Planning and Development Amendment (Metropolitan Region Scheme) Bill 2024: Changes in Planning Law
- General overview of the changes proposed to be affected to the Metropolitan Region Scheme
- An analysis of some of the more significant changes proposed to be affected to the Metropolitan Region Scheme
Presented by Martin Flint, Director, Flint Legal; recognized as leading Planning and Environment Lawyer –Western Australia, Doyle’s Guide 2024
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Industrial Operations and Urban Development: Resolving Land Use Conflict
- Interplay between planning and environmental laws in significant projects
- The use of planning conditions to address environmental issues
- Industrial buffer policy
- Environmental licence conditions of industrial operations
- Urban expansion and the need for infill development
- Pollution control: the complexities of enforcement
- The broad enforcement powers of the Department of Water and Environment Regulation
- Community engagement by the regulator and the scope of legitimate investigation
- Private law remedies: nuisance and negligence
- Judicial review
Presented by Glen McLeod, Principal Director, McLeod Fisher, Hamdorf; recognised as leading Planning and Environment Lawyer –Western Australia, Doyle’s Guide 2024
Presenters
Adam Sharpe, Barrister, Francis Burt Chambers
Adam Sharpe is a barrister at Francis Burt Chambers and has a broad public law practice spanning constitutional and administrative law, judicial review applications, planning appeals, regulatory prosecutions, native title, employment law and contracting with government. Adam has been practising as a barrister since 2013. Adam began his legal career at the State Solicitor’s Office in the role of Professional Assistant to the Solicitor General for Western Australia. He was later an Associate at the High Court of Australia. Adam has a Master of Laws from Yale University.
Martin Flint, Director, Flint Legal
Martin specialises in planning, environment, land compensation and land valuation law. He has practised in these areas since 1994, comprising ten years with the then Crown Solicitor’s Office and the remainder in private practice, and has gained extensive knowledge and expertise in practice and process in all the areas of his practice. If you ask him the reasons for his interest in the areas of his practice, he will tell you that scheme maps remind him fondly of kindergarten (as it was then called) and that he is less likely to be inundated with questions at social functions by people seeking free legal advice.
Madelaine Cannell-Lunn, Associate Solicitor, Hetherington Legal
Madelaine is a Consultant and Associate Solicitor and joined Hetherington after working at a boutique law firm specialising in planning, environmental and administrative law. Prior to that, she worked as a Judge’s Associate and Research Officer at the State Administrative Tribunal and completed her practical legal training in environmental and administrative law. Madelaine is also a Committee Member for the National Environmental Law Association (WA), and a published author in a number of environmental and planning law journals. Madelaine assists clients with a range of front and back-end environmental and mining law matters, such as drafting Due Diligences, Independent Tenement Reports and Agreements and attending the Warden’s Court
Glen McLeod, Principal Director, McLeod Fisher & Hamdorf
Glen McLeod, Principal of McLeod Fisher & Hamdorf, has 45 years of experience in environmental, town planning, and development law. After holding senior positions in major law firms in Perth and London, he established his independent firm in 2012. McLeod is recognized as a preeminent expert by Doyles Guide. He has served on the WA Environmental Protection Authority and the International Bar Association’s Council for Energy, Environment, Resources, and Infrastructure Law. Additionally, he’s a member of the WA Law Society’s Environment Town Planning and Local Government Committee, a Fellow of the Royal Society of Arts, and the recipient of the 2016 WA Law Society’s Lawyer of the Year Award. He also teaches as an Adjunct Professor at Murdoch University and edits significant legal publications.
