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Planning & Environment: Updates and regulation

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Planning & Environment: Updates and regulation

Date & TimeTBC
Format Seminar, Webcast
Price

Member

$360.00

Non-Member

$480.00

CPD Units 3
  • Substantive Law
Venue LIV, Level 13, 140 William Street, Melbourne View Map

This seminar is designed to provide practitioners who specialise in planning and environmental matters with recent updates and vital insights on new laws and processes, including critical aspects of the Environment Protection Amendment Act 2018.

Further details below.

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Terms & Conditions

Program Overview

  • Planning & Environment: Updates and regulation - Friday 08 Mar
    • 8:30 AM Registration
    • 9:00 AM Opening and Welcome
    • 9:05 AM Victoria’s New Environmental Laws: Company director liability and litigation risk for owners of contaminated land

      This session provides both a general overview of the prominent changes to Victoria’s principal environmental legislation, and more detailed guidance in relation to important new obligations applicable to businesses and their corporate office holders.

      Topics will include:

      • General Environmental Duty: Duties, penalties and implications
      • Audits, assessments and compliance requirements
      • Complex corporate structures and company director liability
      • Civil remedies
      • Review of decisions

      Presenters:
      Joseph Monaghan, Partner, Holding Redlich, Accredited Specialist in Planning & Environment Law
      Dr Darren Bennetts, Principal Hydrogeologist & Environmental Auditor, BlueSphere Environmental

    • 10:05 AM Morning Tea
    • 10:15 AM Legal Developments Affecting the Victorian Waste Industry

      Environmentally conscious management of waste continues to be a worldwide area of concern from which Victoria is not exempt. This informative session will address this important public interest topic, and the ways in which companies can do their part to alleviate waste build-up.

      Topics will include:

      • Victoria’s recycling crisis
      • Laws against stockpiling recyclables
      • Our growing e-waste problem
      • Waste tyres works approval and licencing
      • Development near landfills

      Co-presenters and panel members:
      Robert Jamieson, Partner, Ashurst
      Jane Hall, Senior Associate, Ashurst
      Garrett Hall, Principal Environmental Scientist and Associate, Golder Associates
      Daniel Fyfe, Divisional Landfill & Development Manager, Hanson

    • 11:15 AM The Future of Planning and Environmental Law

      A special final session offers a unique panel with Justices Molesworth and Zervos both being in Melbourne on The Future of Planning and Environmental Law. 

      The Honourable Acting Justice Molesworth serves on the Land and Environment Court of New South Wales and is well known as a leader in this field of law.  The Honourable Justice Kevin Zervos is Justice of Appeal of the Supreme Court of Hong Kong with expertise in Human Rights law. This panel is a ‘once in lifetime’ opportunity to engage with the future of environmental law, with leading domestic and international jurists covering topics that include judicial independence and the human rights consequences of planning and environmental law in the future.

      Presenters:
      The Honourable Acting Justice Molesworth, Land and Environment Court of New South Wales
      Justice Zervos, Justice of Appeal of the Court of Appeal of the High Court of Hong Kong

      Moderator:
      Sarah Porritt, Barrister, Victorian Bar

    • 12:15 PM Close

Further Details

  • Full Description

    This seminar is designed to provide practitioners who specialise in planning and environmental matters with recent updates and vital insights on new laws and processes, including critical aspects of the Environment Protection Amendment Act 2018.

    Main topics:

    • Victoria’s new environmental laws, including company director liability and litigation risk for owners of contaminated land
    • The future of planning and environmental law
    • Key contamination, landfill and waste considerations, including technology waste
  • Presenters


    Joseph Monaghan, Partner, Holding Redlich, Accredited Specialist in Planning & Environment Law Joseph is a planning and environmental lawyer with extensive experience acting for private clients, local councils, government departments and water authorities. If planning or environmental litigation is necessary, Joseph will often act as solicitor advocate. His recent Planning and Environmental experience includes acting for a council as solicitor advocate in relation to a proposal for a controversial residential drug and alcohol rehabilitation centre and acting as solicitor advocates for Metropolitan Waste and Resource Recovery Group in proceedings before VCAT regarding the Melbourne Regional Landfill and also the Werribee Landfill.

    Dr Darren Bennetts, Principal Hydrogeologist & Environmental Auditor, BlueSphere Environmental Darren holds a Bachelor of Environmental Science (Hons) and a PhD in hydrogeology, geochemistry and hydrology. He is appointed as an Environmental Auditor by EPA Victoria in the category of Contaminated Land, is a Certified Environmental Practitioner – Site Contamination Specialist, and is a Suitably Qualified Person in Queensland. Darren has over 13 years’ experience in environmental consulting, with significant expertise in soil, groundwater and gas investigations, aqueous geochemistry, risk assessments, site remediation, and water resource management. In addition, he has conducted numerous environmental audits pursuant to both Section 53X and 53V of the Environment Protection Act 1970 in Victoria, as well as acting as an expert support team member for over 100 statutory audits performed in Victoria, South Australia, New South Wales and Western Australia. He has also acted as an expert witness on a number of occasions.

    Jane Hall, Senior Associate, Ashurst Jane Hall is a senior associate in our utilities practice. Jane specialises in complex sites involving a range of difficult environmental, planning and heritage issues. Jane has experience in a wide range of environmental, planning, real estate and water law areas, and has a interest in contaminated land. Jane regularly provides advice relating to regulatory compliance, pollution issues and prosecutions, complex transactions involving contaminated land, compulsory acquisition, general commercial property transactions (particularly in relation to the water industry), and environmental and planning approvals in the Commonwealth, Victorian, South Australian and Tasmanian jurisdictions.

    Garrett Hall, Principal Environmental Scientist and Associate, Golder Associates Garrett is a Principal Environmental Scientist within Golder’s Melbourne Environment team, with 17 years’ experience providing strategic advice to clients in relation to regulatory liaison, waste planning, strategic planning, regulatory approvals and regulatory compliance.  His focus is on assisting industry with driving resource efficiency while minimising compliance costs. Garrett combines his scientific skills with his knowledge of environmental legislation and regulatory practices to develop sustainable environmental outcomes. He completed a research-based Masters of Environmental Science at Monash University in 2010, with a major study of international waste regulation and management, and has Chaired the WMRR Hazardous Waste Working Group since 2009, providing him with a detailed knowledge of the waste management sector.

    Hon. Judge Simon Molesworth AO, QC, Land and Environmental Court of NSW Molesworth has been an Acting Justice  of the Land and Environment Court of New South Wales from January 2017 to February 2019. After initially practicing as a solicitor (from 1978) with Blake & Riggall (now Ashurst), Molesworth became a barrister in Victoria in 1984 and was appointed a Queen's Counsel in 1995, specialising in environmental, planning, heritage and natural resource law. Molesworth served as a Senior Legal Member of the Planning Division of the Administrative Appeals Tribunal of Victoria and a Senior Legal Member of the Victorian Planning Appeals Board and as the Victorian State Mining Warden. Molesworth was a founder of: the Environmental Law Section of the Law Institute of Victoria; the National Environmental Law Association; the Environment Institute of Australia & New Zealand ; the Environment Defenders Office (Victoria) and the International National Trusts Organisation - all of which he chaired for many years. In 2013 Molesworth was appointed a Vice Chancellor's Professorial Fellow at Monash University following his appointment as an Adjunct Professor of La Trobe University's La Trobe Institute for Social & Environmental Sustainability in 2010. He is a fellow of six professional institutes and has been a director of 24 corporate entities.

    Justice Zervos, Justice of Appeal of the Court of Appeal of the High Court of Hong Kong Mr Justice Zervos is a Justice of Appeal of the Court of Appeal of the High Court of Hong Kong.  He obtained a Bachelors degree in Science (Psychology) and an LL.B. from Monash University, Australia, in 1975 and 1977 respectively.  He further obtained a Master of Laws (Human Rights) degree from the University of Hong Kong in 2009. He was admitted as a barrister and solicitor of the Supreme Court of Victoria, Australia, in 1978.  He was registered as a barrister and solicitor of the High Court of Australia in 1983, and was admitted as a barrister of the Supreme Court of New South Wales, Australia, in 1991.  He began work in Australia as a solicitor in private practice and later as a Legal Officer and eventually Senior Legal Officer of the Melbourne Office of the Special Prosecutor (Federal).  In 1986, he was appointed Senior Assistant Director to the Office of the Federal Director of Public Prosecutions, Melbourne and Sydney Offices.  In 1989 until 1992 he was General Counsel to the New South Wales Independent Commission Against Corruption. He moved to Hong Kong in 1992 and worked in the Legal Department as a prosecutor, doing mainly white colour crime cases and later appeal cases. He was called to the Bar in Hong Kong in 2001 and appointed as Senior Counsel in 2003. He joined the then Attorney General's Chambers as Crown Counsel in 1992.  He was then promoted to Senior Crown Counsel in 1993, to Deputy Principal Government Counsel in 1999, and to Principal Government Counsel in 2008.  He took up the post of Director of Public Prosecutions in 2011.  He was appointed as Judge of the Court of First Instance of the High Court in September 2013.  He was later appointed to the Court of Appeal on 30 July 2018.

    Daniel G Fyfe, Divisional Landfill & Development Manager, Hanson Daniel has extensive professional experience in the environmental sector. In his 25 years working in the waste management industry across Australia and New Zealand, he has worked on many engineered landfill and waste-related projects. He has developed industry standards with EPA Victoria and waste management policy with the Victorian Government through industry associations. Daniel was a founding Director of ALOA at the time of the introduction of the Carbon Pollution Reduction Scheme and went on to chair its Victorian Division. He is currently the Southern Region Development Manager for Hanson Construction Materials, as well as the Divisional Manager at Hanson Landfill Services. Daniel is a Fellow of the Australian Institute of Company Directors, a member of the Institution of Engineers, Australia, and a member of the Waste Management Association of Australia. He was fortunate to be appointed to the Board of Sustainability Victoria in May 2015.

    Robert Jamieson, Partner, Ashurst Robert specialises in energy and resources, environment and government, and mainly practises in the areas of environmental law, planning and development law. Robert acts for all sectors of industry and developer clients. He conducts Victorian Civil and Administrative Tribunal and Supreme Court litigation relating to environmental, planning and rating issues. Robert has recently been extensively involved in advising the Country Fire Authority of Victoria on all aspects of allegations of past poor practices at its various training facilities and the impact of land and ground water contaminated by perfluronated compounds. Robert is commended by clients on his ability to develop commercial solutions to complex problems. He is very experienced, responsive and brings energy and enthusiasm to all he does. Robert has acted as a part-time lecturer and tutor in the School of Environmental Planning in the Faculty of Architecture at Melbourne University and acted as a visiting Fellow at the University where he taught Environmental Law in the under and post graduate programs of the Law Faculty.

  • Learning Outcomes

    By attending this session, you will:

    • Obtain essential information to appropriately prepare your firm and your clients for the introduction of the Environment Protection Amendment Act 2018
    • Become a better advocate of your clients’ interests by acquiring new knowledge of Victoria’s planning schemes
    • Learn how to best advise clients on waste minimisation strategies