Planning and Environmental Law 2010

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1 Planning and Environmental Law 2010 Complying and working within overlapping legislative frameworks November 2010 Workshop Day: 18 November 2010 The Grace Hotel, Sydney Program highlights Learn how to comply and work within amended legislative frameworks, including: Environmental Planning & Assessment Act 1979 (NSW), Mining Act 1992 and Contaminated Land Management Act 1997 Hear authoritative perspectives from the Department of Planning, Department of Environment, Climate Change & Water, and Department of Industry & Investment Implement tactics and strategies tested by leading consultants surrounding the Water Management Act 2000 and Building Code of Australia Discuss the impacts of climate change and planning issues of in renewable energy projects Review and evaluate the adequacy of biodiversity management strategies with the NSW Standing Committee Discover how recent legislative amendments affect commercial planning, options and opportunities Early Bird Discount expires 8 October 2010 Expert speakers include: The Hon Justice Rachel Pepper The Land and Environment Court of NSW Marcus Ray Executive Director of Assessment Systems and General Counsel, NSW Department of Planning Jim Parker Partner, Allens Arthur Robinson Peter Briggs Partner, Freehills Kirsty Ruddock Principal Solicitor, Environmental Defender s Office NSW Michael Staunton Barrister, Martin Place Chambers PLUS Practical insights and advice from the Land & Environment Court and the Independent Pricing and Regulatory Tribunal of NSW Register online today: Product of:

2 Planning and Environmental Law 2010 Complying and working within overlapping legislative frameworks Day 1-16 November Conference registration 8.50 Welcome from the Chairperson NSW planning amendments Environmental Planning & Assessment Act 1979 (NSW) The EPA Act was significantly amended in 2008 setting out a new process for making Local Environment Plans (LEPs) which is now controlled by the Planning Minister, rather than a local council; and abolishing Regional Environmental Plans (REPs), and allows the Planning Minister to transfer their provisions to other LEPs and State Environmental Planning Policies (SEPPs) 9.00 Government perspective - Keynote presentation Update on implementation of the planning reforms Joint Regional Planning Panels Planning Assessment Commission New plan making system Exempt and complying development Most recent changes Marcus Ray, Executive Director of Assessment Systems and General Counsel, NSW Department of Planning 9.45 Climate change induced impacts causing sea level rise and its effect on planning and development - State and Commonwealth legislations Policy framework Policy development at local government level Sea level rise issues in local context Planning & development proposals affected by climate change induced impacts Paul Vergotis, Senior Associate, DLA Phillips Fox Morning tea Government perspective Mining in NSW - improving environmental outcomes Mining Amendment Act 2008: the objectives underpinning the reforms Key changes to the mining regulatory framework How do the changes improve environmental outcomes? Its impact on industry Sima Williamson, Manager of Systems and Process, NSW Department of Industry and Investment Consultant expertise Mining and sustainable water management in NSW Comparison of the Water Act 1912 and Water Management Act 2000 Water and mining: seeking planning approval, quantifying usage, complying with licensing rules in the context of embargoes and sustainable strategies Case study: - Site investigations, modelling, predictions to quantify water usage, licensing and sustainable strategies to facilitate project approval and on-going compliance Anthony Dixon, Principal Environmental Engineer, Aquaterra Consulting Pty Ltd, international water and environment consultancy which is part of the RPS Group Plc Networking lunch for speakers and delegates 1.30 Update on NSW pollution laws Operation of the amended Contaminated Land Management Act 1997 and guidelines Marine pollution laws and oil spill compensation Civil liability for contaminated land and escape of contaminated groundwater Discuss and review case studies Jim Parker, Partner, Allens Arthur Robinson 2.15 Court guidance and directions Overview of Classes 1 to 4 of the Court s jurisdiction Legislative changes to the EPA Act since 2008 and practical operations of the amendments conducted by the Court Review Court practice and procedures Discuss how planning matters are dealt with by the Court Steps parties and practitioners are required to take to best prepare for proceedings The Hon Justice Rachel Pepper, and Joanne Gray, Acting Registrar, The Land and Environment Court of NSW 3.00 Afternoon tea Register online today: Claim CPD/CLE points with all LexisNexis Professional Development events

3 Day 2-17 November Application of the planning reforms for better or worse How it all links in: governance and regulation, consumers and corporations, and how the legal profession comes into play Extent to which the NSW Planning Framework encourages sustainable best practice Recent cases in the Land & Environment Court and consequences for the future, including: decisions on major projects under part 3A of EPA Act, local environmental planning, interpretation of development consents, and recent decision on costs under Uniform Civil Procedure Rules Areas likely to be reformed to increase building energy efficiency in absence of Carbon Pollution Reduction Scheme Kirsty Ruddock, Principal Solicitor, Environmental Defender s Office NSW 4.05 Discussion panel Assessing the various requirements addressed in Parts 3A, 4 and 5 of the Environmental Planning & Assessment Act 1979 (NSW). How to interpret and apply: Part 3A: Director-General s requirements (DGR s) Part 4: Statements of Environmental Effects (SEE s) and Environmental Impact Statements (EIS s) Part 5: Reviews of Environmental Factors (REF s) and Environmental Assessments (EA s) Paul Vergotis, Senior Associate, DLA Phillips Fox Jim Parker, Partner, Allens Arthur Robinson Kirsty Ruddock, Principal Solicitor, Environmental Defender s Office NSW 4.50 Closing remarks from the Chairperson 5.00 Close of day one and networking drinks 8.30 Conference registration 8.50 Welcome from the Chairperson 9.00 Government perspective Biodiversity Certification Recent legislative amendments Julie Ravallion, Manager, Conservation Policy and Strategy Section, NSW Department of Environment, Climate Change & Water (DECCW) 9.45 Committee report: Review adequacy of biodiversity management strategies Management principles required to address the impacts of climate change on biodiversity Management of biodiversity on public land Measure to improve the protection and management of biodiversity on private land Recommendations discussed Matt Brown, Chairman, NSW Standing Committee on Natural Resource Management (Climate Change) for Biodiversity Morning tea Tribunal guidance Energy efficiency compliance NSW Compliance with NSW Greenhouse Gas Reduction Scheme and Energy Savings Scheme NSW energy efficiency strategies and reforms NSW energy efficiency planning for housing Case studies: example participants accredited and impact on the environment Pamela Soon, General Counsel, Independent Pricing and Regulatory Tribunal of NSW Consultant expertise Carbon reduction and green building Commonwealth initiatives National Greenhouse Energy Reporting framework and requirements (NGER) Energy Efficiency Opportunities requirements (EEO) Building Energy Efficiency Disclosure Bill/Act requirements for disclosure going forward Commonwealth leasing requirements Changes to the Building Code of Australia, national commencement in May 2010 Dr Paul Bannister, Managing Director, Exergy Australia Pty Ltd Networking lunch for speakers and delegates To register now visit: or ph: or fax:

4 16-17 November 2010 Workshop Day: 18 November 2010 The Grace Hotel, Sydney 1.30 Case study: How to advise property developer clients and work with the planning amendments Overview of some important recent and proposed changes to State planning controls and the National Parks and Wildlife Act 1974 (NPWA) How the amendments affect property developments: planning and process The amended Infrastructure SEPP and its relationship to the Major Projects SEPP The impact of draft State Environmental Planning Policy (Competition) Amendments to the NPWA concerning Aboriginal heritage Duncan McGregor, Partner, Minter Ellison Lawyers 2.15 Partnership insight: Corporate client & legal counsel Case Study: Corporate Carbon Reduction Strategies What options currently exist for purchasing carbon offsets How will current carbon offset options be affected by the proposed Carbon Pollution Reduction Scheme Other than the proposed CPRS, are there additional regulatory requirements and opportunities which my business could consider? Iain Smale, Director, Pangolin Associates Legal explanations and considerations: Carbon Offsets, regulatory requirements and opportunities Discussion concerning the National Carbon Offset Standard Explanation of the essential differences between voluntary carbon offsets and the CPRS Consideration of NSW and other Commonwealth regulatory requirements and opportunities Grant Parker, Partner, Holding Redlich 3.15 Afternoon tea Post-conference workshop day 18 November Workshop registration 9.00 Environmental law overview principles and applications Includes morning tea, afternoon tea and networking lunch The course will be valuable for lawyers and other professionals working with environmental protection laws in the business and public sectors, including NGOs, planning and development managers. The workshop will provide a thorough insight into the State of NSW s planning and environmental regulations and amendments. The workshop will cover: Development assessment and approval Nature conservation and the law Environmental advocacy and the law Understanding Federal environmental law Each session includes a lecture outlining the principles of law and a workshop discussion of legal issues and problems. Jemilah Hallinan & another officer, Education Directors, Environmental Defender s Office NSW 4.30 Workshop close 3.35 Environment and planning issues in renewable energy projects Application of Part 3A of the Environment Planning and Assessment Act 1979: - Does Part 3A apply to your project? - Is your project a Critical Infrastructure Project? - What is the approval process and how can you best navigate it? Other NSW environmental approvals Application of the Environment Protection and Biodiversity Conservation Act 1999 Timing of approvals Can you carry out preliminary works pre-approval? Peter Briggs, Partner, Freehills 4.20 Closing remarks from Chairperson 4.30 Close of Conference Claim CPD/CLE points with all LexisNexis Professional Development events

5 Our panel of distinguished speakers include: Chairperson Court and Tribunals The Hon Justice Rachel Pepper, The Land and Environment Court of NSW Joanne Gray, Acting Registrar, The Land and Environment Court of NSW Pamela Soon, General Counsel, Independent Pricing and Regulatory Tribunal of NSW Government/Departments/Committees Marcus Ray, Executive Director of Assessment Systems and General Counsel, NSW Department of Planning Matt Brown, Chairman, NSW Standing Committee on Natural Resource Management (Climate Change) for Biodiversity Conservation Guidelines Sima Williamson, Manager of Systems and Process, NSW Department of Industry and Investment Julie Ravallion, Manager, Conservation Policy and Strategy Section, Department of Environment, Climate Change & Water Corporate and Consultants Iain Smale, Director, Pangolin Associates Anthony Dixon, Principal Environmental Engineer, Aquaterra Consulting Pty Ltd Dr Paul Bannister, Managing Director, Energy Australia Pty Ltd Who should attend? Non-legal professionals Commercial and Business Development Managers Project Managers and Officers Property Planning & Development Managers Environmental and Sustainability Managers and Officers Planning and Environmental Law regulators and policy advisors Legal Professionals In-house Counsel / General Counsel / Legal Counsel Government Lawyers Partners Solicitors and Litigators Barristers Associates and Senior Associates Dispute Resolution Specialists Top Legal Advisors Peter Briggs, Partner, Freehills Duncan McGregor, Partner, Minter Ellison Lawyers Grant Parker, Partner, Holding Redlich Jim Parker, Partner, Allens Arthur Robinson Paul Vergotis, Senior Associate, DLA Phillips Fox Kirsty Ruddock, Principal Solicitor, Environmental Defender s Office NSW Jemilah Hallinan, Education Director, Environmental Defender s Office NSW Register online today: To register now visit: or ph: or fax:

6 Priority registration form Planning and Environmental Law easy ways to register Online: Phone: Fax: (02) Mail: Conference Co-ordinator, LexisNexis Locked Bag 2222, Chatswood Delivery Centre, Chatswood NSW 2067 or: DX Chatswood Please complete sections A, B, C, D TAX INVOICE Conference code: PD3810 ABN: A Delegate 1 details C Event pricing (please tick your selection) Mr/Ms/Dr: First name Last name EXAMPLE One day conference 1 $900 + GST = $990 $990 Position: Organisation: Postal address: Telephone: Suburb Postcode State Advance price (register and pay before 10 September 2010) or Group Booking Price (per person, available anytime) Please Select Options Qty Price Subtotal Two day conference $ GST = $1980 One day conference $900 + GST = $990 Full day workshop only $900 + GST = $990 Fax: (required**): Delegate 2 details Mr/Ms/Dr: Position: Telephone: Fax: (required**): Delegate 3 details Mr/Ms/Dr: Position: Telephone: Fax: (required**): First name First name Last name Last name Early Bird Price (register and pay after 10 September 2010 and before 8 October 2010) Two day conference $ GST = $2145 One day conference $ GST = $1155 Full day workshop only $ GST = $1155 Standard Price (register and pay after 8 October 2010) Two day conference $ GST = $2255 One day conference $ GST = $1265 Full day workshop only $ GST = $1265 * Early Bird, team discounts and any other discount cannot be taken concurrently TOTAL If attending only one day please select from: Day One Day Two GROUP BOOKING Register 3 or more people from the same organisation at the same time and book at the advanced price per person. CONFERENCE RESOURCES I am unable to attend but would like to purchase a set of the Planning and Environment Law conference papers for $360 + GST = $396 Where did you hear about this event? Please add me to the LexisNexis Monthly Professional Development list B ** to send conference confirmation Please send me more information on: D Payment details Payment is due upon registration. This document will be a Tax Invoice/Receipt for GST upon completion of payment. Australian Environment Review Enclosed is my cheque for: $ made payable to LexisNexis Local Government Reporter Pay by credit card: Please charge $ to Building Regulation Australia BRA Local Government Planning & Environment NSW Environment Law in Australia 7th edition, book Mastercard Visa American Express Card number: / / / Water Resources Law, book Expiry: / Fisheries Law in Australia, book Global Climate Change Australian Law and Policy, book Name of cardholder: Signature of cardholder: PROGRAM CHANGES Details regarding this conference were confirmed and correct at the time of printing. LexisNexis reserves the right to cancel or amend the conference details at any time if required. CANCELLATION Your registration will be confirmed in writing when full payment has been received. LexisNexis cancellation policy applies as follows. If cancellation is notified in writing: 1. One calendar month or more prior to the first day of event: LexisNexis will refund your registration fee less $ administration cost. 2. Between one calendar month plus one day and 14 days prior to the first day of event: LexisNexis will refund 50% of the fee paid by you and provide you with a copy of event papers days or less prior to the first day of the event: LexisNexis will not refund any part of your fee. However, you may nominate a replacement delegate to attend in your place. IMPORTANT PRIVACY NOTICE: The information you provide on this form is collected by Reed International Books Australia Pty Limited for the purposes of processing your registration or enquiry and keeping you informed of upcoming products, services and events. The information is disclosed from time to time to our related bodies corporate for these purposes.the provision of this information by you is voluntary but if you do not provide some or all of the requested information we may be unable to properly process your registration. You have both a right of access to the personal information we hold about you and to ask us to correct it if it is inaccurate or out of date. Photographs/audio visual content may be produced at this event and might be used for future LexisNexis Professional Development collateral. Please direct your enquiries to privacy@lexisnexis.com.au Please note, delegate information will be provided to sponsors. Please tick here if you do not want sponsors to receive your information Tick here if you DO NOT wish to receive information about upcoming events Event dates & venue November 2010 Workshop Day: 18 November 2010 The Grace Hotel 77 York Street, Sydney 2000