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16 May 2022
Habitats Regulations Assessments: Refocusing towards nature's recovery
This article was first published in Property Law Journal ( May 2022, #397 ). On 18 May 2021, the Environment Secretary George Eustice gave a speech at Delamere Forest noting that that the UK is "one of the most nature-depleted countries in the world". He announced a ‘renewed focus on nature’s...
31 May 2021
A climate change duty of care: Sharma v Minister for the Environment
The recent decision of Justice Bromberg in Sharma v Minister for the Environment [2021] FCA 560 found that a novel duty of care is owed by the Minister for the Environment to Australian children who might suffer potential “catastrophic harm” from the climate change implications of approving the...
04 May 2021
Increasing expectations for climate change risk disclosure affecting businesses and financial services
Further statements from regulators and commentators reinforce the expectation that businesses will consider the materiality of climate change-related risks and disclose them accordingly. The obligations are not new, but rather the expected nature of action to satisfy existing obligations continues...
23 December 2020
Australia’s enhanced decommissioning framework released
Snapshot On 14 December 2020, the Department of Industry, Science, Energy and Resources ( Department ) released a consultation paper entitled "Enhancing Australia's Decommissioning Framework" ( Enhanced Framework ). The paper is the third step in a reform process and follows a Discussion Paper...
22 October 2019
The compulsory purchase regime in England
Compulsory purchase is sometimes necessary for development to proceed but it can be confusing for those who are unfamiliar with the process. The aim of this podcast series is to provide a user friendly explanation of the compulsory purchase regime in England, to give a listener a good understanding...
21 May 2019
A new Aboriginal heritage system for WA
In March 2019, the Minister for Aboriginal Affairs released a discussion paper outlining proposals for reforming the Aboriginal Heritage Act 1972 (WA) ( Discussion Paper ). The 31 May 2019 date for lodging a submission in response to the Discussion Paper is fast approaching. Any person with land or...
15 February 2019
Climate change impacts used to reject new NSW coal mine
Proponents seeking consent for new projects, or modifications of existing projects, with ‘material’ greenhouse gas emissions across all industries in NSW should carefully assess climate change impacts, particularly if the proposal is not ‘carbon neutral’.
29 January 2019
DELWP is reviewing planning controls for buffers and separation distances – Here’s what you need to know
The Victorian Department of Environment, Land, Water and Planning ( DELWP ) is undertaking a review of planning controls for buffers and separation distances as part of its response to the Major Hazard Facilities Advisory Committee, the Independent Inquiry into the Environment Protection Authority...
15 November 2018
New Legislation: A tectonic shift in Queensland’s financial assurance and rehabilitation framework passes
The new legislation has significant implications for resource sector EA holders. Impacted entities should consider the potential impacts on their mining operations and cash flow caused by the FP Act. Relevant steps should be taken by entities to prepare for the transition to PRCPs, the new FA...
15 October 2018
Australian decommissioning discussion paper released
The closure and decommissioning of offshore petroleum infrastructure is a significant issue for all countries that exercise jurisdiction over such infrastructure. The challenges to plan, execute and supervise decommissioning projects, coupled with their scale and cost, are well recognised. The re-...
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10 October 2022
HSF PROUD GOLD SPONSORS AT THE LONDON CONFERENCE ON INTERNATIONAL LAW: 10-11 OCTOBER 2022
The London Conference on International Law will be taking place at the QEII Centre, London, on Monday 10 October and Tuesday 11 October 2022. This year’s conference will focus on ‘States in Emergency – International Law at a Time of Reckoning’ .
30 September 2022
Latest developments - Creating a National Anti-Corruption Commission: What does it mean for business?
On 28 September 2022, the Australian Labor Party introduced the National Anti-Corruption Commission Bill 2022 to federal parliament, fulfilling one of its key promises from the federal election earlier this year.
28 September 2022
Trust Companies Survey 2022: ESG and Trusts
ESG is one of the most common phrases we hear these days in investing circles and trusts and trustees are not untouched by the increasing focus on Environmental, Social and Governance investment criteria. However, trustees may not feel as free as private individuals to apply ESG screens to their...
21 September 2022
The EU Foreign Subsidies Regulation: Substantive Assessment Issues and Open Questions
The EU Institutions have now reached agreement in relation to the new Foreign Subsidies Regulation, a potentially far-reaching instrument that effectively creates a new subsidy control regime for non-EU subsidies affecting the EU's internal market.
21 September 2022
The third age looms – Why impact will shape the next generation of sustainable finance
Although one of the most touted investment trends, impact investing remains plagued by misconceptions and regulatory confusion. We look back over the three eras of sustainable investing and argue impact will unlock a new ambition for progressive finance.
20 September 2022
Japan Publishes Guidelines on Corporate Human Rights Due Diligence
On 13 September 2022, the Japanese government ( Government ) published its Guidelines on Respecting Human Rights in Responsible Supply Chains ( Guidelines ) (available in Japanese here ). The Guidelines set out how businesses active in Japan should address the human rights risks arising in their...
16 September 2022
Raising Capital in Uncertain Times
In this webinar Partners Paul Apathy and Clayton James, with our co-Head of Venture Capital Elizabeth Henderson and special Guest Panel Member Marcus Derwin, Managing Director, R Cubed, reflected on the current market for expansion capital raising and how founders, companies and investors can...
15 September 2022
HSF Explains: The Merge - A green crypto revolution or more hype?
This week one of the dominant blockchains Ethereum undertakes 'The Merge': a high-stakes move to a new platform, slashing its vast energy use and paving the way for major upgrades. HSF digital law expert Alex Cravero explains the impact and separates crypto from cryptic