State significant development - off site impactsNovember 29, 2024Australia: State significant development applications often rely on off site works (such as road works or energy infrastructure). Recent amendments to the Environmental Planning and Assessment Act enable the Planning Secretary to exclude some offsite development, so that it does not form part of the proposal.
AI and the Australian Consumer Law – AI product liability reform proposedOctober 21, 2024Australia: The Australian Government has just released a discussion paper inviting consultation on issues relating to the application of the Australian Consumer Law to AI-enabled goods and services. Following similar action in a number of overseas jurisdictions, the application of existing product liability laws to AI products is being explored.
Section 4.15 mandatory considerations of climate changeOctober 1, 2024Australia: The recent Land and Environment Court of NSW decision of Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc v MACH Energy Australia Pty Ltd [2024] NSWLEC 86, concerned the judicial review of a decision of the Independent Planning Commission of NSW (Commission) to grant development consent to extend the life of the Mount Pleasant Coal Mine. In his decision, his Honour Justice Robson confirmed the Court’s position regarding the Commission’s functions and the statutory provisions that govern the performance of those functions and the exercise of its relevant powers – in the context of climate change and the impact of greenhouse gas emissions.