Environment & Planning Law: Legislative Reform and Practical Applications

With a swathe of legislative reform now is not the time to be slow on updating yourself in environmental law. Understand the implications of the amendments to the Environmental Protection Act 1994 (Qld) the new duties and obligations, and the strengthened powers of enforcement and penalties. Gain essential insights and practical guidance for writing and interpreting conditions of approvals Understand the implications of the interaction of differing planning legislation and the recent planning law cases.

Wednesday, 12 March 2025
Description

Attend and earn 3 CPD Units in Substantive Law
This program is based on QLD legislation

Chair:

Gemma Chadwick, Special Counsel, HopgoodGanim Lawyers

2.00pm to 3.00pm Navigating the Environmental Protection Act 1994 (Qld) (EP Act) Amendment

 

The strengthened powers and penalties arising under the EPOLA 2024, including;  

  • Trends in environmental enforcement
  • New general environmental duty offence
  • New duty to restore
  • Expanded duty to notify environmental harm
  • New environmental enforcement order
  • Changes to transitional environmental programs and environmental nuisance and harm 

Presented by Sarah Hausler, Partner, McCullough Robertson 

3.00pm to 4.00pm The Interaction Between the Environmental Protection Act 1994 (Qld) and the Planning Act 2016 (Qld)

 

  • Understanding the relevant statutory provisions
  • Navigating some practical considerations
  • Overview of relevant cases  

Presented by Daniel Gore KC, Level 11 Inns of Court 

4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Practical Guidance for Environmental Professionals on Writing and Interpreting Conditions of Approval

 

  • Construction of conditions of statutory approvals after Sunland Group Ltd v GCCC (2021) 274 CLR 325
  • Three approaches to writing conditions: prescriptive, systems-based and outcomes-based
  • Can application and EIA documents be referred to when interpreting conditions?
  • Writing enforceable conditions where standard or model conditions need to be extended or adapted
  • Powers to fix mistakes in conditions 

Presented by Dr Chris McGrath, Barrister, Higgins Chambers 

Presenters


Sarah Hausler, Partner, McCullough Robertson
Sarah is a specialist planning and environment lawyer focusing on infrastructure, environment and strategic planning. Sarah’s expertise is complemented by her degrees in environmental science and urban and regional planning which complement her practical approach to the commercial and policy context in which her clients operate. Sarah has a broad client base including local government, state government agencies and government owned corporations as well as large and small developers and industrial businesses. She provides clear, strategic advice about project approvals, infrastructure charging and agreements, and planning instruments. Sarah regularly advises clients on infrastructure planning, charges and agreements, environmental compliance, water and land use rights and approval requirements. She also represents clients in the Planning and Environment Court and Court of Appeal. With a proactive outlook on matters, Sarah works with her clients to deliver the best commercial and practical outcomes.


Dr Chris McGrath, Barrister, Higgins Chambers
Dr Chris McGrath was admitted to practice in 2000. His practice now regularly involves disputes over conditions of planning and mining approvals in Queensland, which is the topic of his paper at this seminar. He has published widely on the field of environmental law and is the author of Synopsis of the Queensland Environmental Legal System and the website, Environmental Law Australia. He is an Adjunct Associate Professor at the UQ School of the Environment.


Gemma Chadwick, Special Counsel, HopgoodGanim Lawyers
Gemma offers extensive experience managing a range of planning and environment matters, including representing clients in the Planning and Environment Court to assist in obtaining development approvals. Gemma also advises developers, government entities and mining and infrastructure proponents across the spectrum of State and Federal planning and environment legislation. She provides front end advice such as project scoping and due diligence and has experience preparing and negotiating infrastructure agreements. Gemma is an active member of many relevant industry associations, including the Queensland Environmental Law Association, the Urban Development Institute of Australia and the Planning Institute of Australia.


Daniel Gore KC, Level 11 Inns of Court
Danny Gore KC is a specialist appellate and trial advocate, particularly in the fields of Planning and Environmental Law, Administrative Law, Resources Law, Land Court matters and Alternate Dispute Resolution. Mr Gore has a busy appellate practice, having regularly appeared in the Queensland Court of Appeal, the High Court of Australia and the Land Appeal Court. He is recognised as being preeminent in Planning and Environmental Law by Doyle’s Guide. Before becoming more specialised, Mr Gore had an extensive and broad commercial practice that also included Building and Construction Law, Trade Practices and General Contract Law. With that broad experience, Mr Gore is highly regarded as a mediator and acts as mediator over a diverse range of legal disputes extending beyond his specialised fields.

WEB253Q07

Environment & Planning Law: Legislative Reform and Practical Applications

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Single Session
Wednesday, 12 March 2025
2.00pm to 5.15pm Australia/Brisbane
CPD Points 3
$420.00
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