Environment & Planning Law Forum
This seminar is crucial for legal practitioners. Grasping Queensland's Environmental Offset Framework is key in environmental law. Explore the Act's depths, recent assessments, and upcoming revisions—an essential resource for specialists. Gain insights into local planning intricacies, stay updated on environmental concepts, and understand federal law reforms. This seminar ensures legal professionals stay adept in this evolving legal terrain. WEB243Q16Z
Description
Attend and earn 4 CPD units in Legal Knowledge
This program is based on QLD legislation
Chair: Andrew Skoien, Barrister, Chambers 33
9.00am to 9.50am Managing Offsets under the Queensland Environmental Offset Framework
- Discuss the key mechanisms under the Environmental Offsets Act 2014
- Chart the key findings of the recent review (2020-2021) undertaken by the Queensland Government and the Government’s response to consultation
- Discuss proposed updates set to occur
- Provide commentary on pitfalls and opportunities in respect of offset conditioning
Presented by Jessica Day, Senior Associate, Johnson Winter & Slattery
9.50am to 10.40am Environmental Offsets from a Local Planning Perspective
- Offsets triggered and conditioned through local government Planning Schemes in Queensland
- Environmental Offset Conditions in Development Approvals and the power to impose conditions for environmental offsets due local government Biodiversity overlay mapping showing Matters of Local Environmental Significance
- Challenging Offset Conditions in the Planning and Environment Court
- Advantages of conditioning offsets for developers and local governments
- Delivering Offsets to achieve compliance with Environmental Offset Conditions in Development Approvals:
- Financial Settlement; or
- Land Based
Presented by Sarah Day, Special Counsel, Stokes Lawyers
10.40am to 10.55am Break
10.55am to 11.40am The Introduction of Positive Obligations for Environmental Stewardship
- Discuss the concept of environmental stewardship
- Provide a review of current environmental and other legislation in Queensland that could include a positive obligation for environmental stewardship
- Discuss what this obligation might look like and how it might be implemented
- Outline and discuss potential changes to directors duties under the Corporations Act 2001 and any enforcement mechanisms that might be introduced
Presented by Tarnya Fitzgibbon, Director and Principal Consultant, Fitzgibbon Town Planning and Environmental Solutions; Former legal practitioner
11.40am to 12.25pm Update on Federal Environmental Law and the Reform of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)
- Outline the Nature Positive Plan
- Outline the proposed National Environmental Standards and discuss how they differ from the current regulatory regime
- Discuss how the reform will complement recent changes to Queensland’s Environmental Protection Act
- Provide commentary on the advantages and disadvantages of establishing an independent federal environmental regulatory body – Environment Protection Australia
- Advise the upcoming dates and milestones in relation to these reforms and opportunities to provide comments on the proposed changes
Presented by Tarnya Fitzgibbon, Director and Principal Consultant, Fitzgibbon Town Planning and Environmental Solutions; Former legal practitioner
12.25pm to 1.15pm Recent Developments: Case Law and Legislation Update
Examine significant recent cases and developments in environmental and planning law that may impact your practice, your clients or your organisation
Presented by Matthew McDermott, Barrister, Quay 11 Chambers
Presenters
Andrew Skoien
Called to the bar in 1997. On 14 April 1997 Andrew was admitted as a barrister of the Supreme Court of Queensland and the High Court of Australia. Since coming to the private bar in April 1997, Andrew has developed a specialised practice in local government, planning law and environmental law, mineral resources law and the law of compulsory acquisition of land (including compensation), in addition to general commercial litigation. This specialist area of the law has involved appeals to the Planning and Environment Court in relation to development applications, quasi-criminal proceedings for enforcement of planning and environmental laws, applications to the Land Court of Queensland and Land Appeal Court in respect of mineral resources and the compulsory acquisition of land, and related appeals to the Court of Appeal of Queensland and the High Court of Australia. Andrew speaks Portuguese. Andrew’s trial work predominantly involves appeals in both the Planning and Environment Court and the Land Court. That work in both the Planning and Environment Court and the Land Court always involves the use of expert witnesses and often involves both complex factual matters and questions of laws. His appellate work predominantly involves appeals to the Court of Appeal and the Land Appeal Court. Andrew has also appeared as Junior Counsel in the High Court of Australia. His practice involves one to three trials per month (on average), involving a total of somewhere between four to fourteen hearing days per month (on average). He is regularly involved in mediations in relation to Land Court matters or Planning and Environment Court matters.
Sarah Day
Sarah is a specialist planning and development lawyer. Sarah has 12 years’ experience in advising on commercial, residential and industrial projects for both developers and local authorities. Sarah acts for private and commercial clients, including property developers, individuals, submitters and local authorities in all areas of planning and environment law.
Tarnya Fitzgibbon
Tarnya Fitzgibbon is the Director and Principal Consultant at Fitzgibbon Town Planning and Environmental Solutions. Tarnya is a Registered Planner with the Planning Institute of Australia and a Certified Environmental Practitioner with the Environment Institute of Australia and NZ. She is the only person in Australia to hold both of these qualifications. She has 10 years’ experience as a practicing town planner, where she was the Development Assessment Manager at Rockhampton Regional Council and is now the Manager of Development and Regulatory Services at Banana Shire Council. Tarnya practiced law for 16 years, and was formerly a partner at Cooper Grace Ward Lawyers, where she led the planning and environment team. Tarnya has extensive experience in all aspects of planning and environment law. Tarnya’s legal experience was in the property, resources, agribusiness, infrastructure and public sectors. In addition to her legal qualifications, Tarnya holds a Bachelor of Science in environmental science, a Master of Urban and Regional Planning with Honours and an MBA. She has recently graduated from Harvard University with a degree in Public Leadership. While she is not currently practicing law, she is exposed to planning and environment law every day. In 2023, she worked for the Department of Environment and Science in its Coal and Central Compliance team. This gave her daily exposure to environmental law, especially relating to environmental incident responses, investigations and proceedings for environmental offences. This complemented her legal practice where she defended companies and directors for environmental offences in Queensland and New South Wales. Her experience also extends to climate change, renewable energy and water.
Matthew McDermott
Matthew was called to the bar in 2018. Between late 2010 and 2018, Matthew was a solicitor at two national law firms in Brisbane and before that practised as a barrister and solicitor in New Zealand. Since coming to the bar, he has acted in disputes in the Queensland Court of Appeal, Supreme Court, District Court, Magistrates Court and other disputes tribunals in a broad range of practice areas but particularly in relation to property law (including body corporate and community management issues), planning and environmental law, regulatory enforcement and prosecutions, defamation and general commercial disputes.
Jessica Day
Jessica is a planning and environment lawyer with over 5 years’ experience specialising in native title, oil and gas, government, infrastructure and renewable energy sectors. Jessica advises clients in relation to their Native Title and cultural heritage obligations, land access, development and environmental approvals and compliance under Commonwealth, State and local regulatory frameworks. Jessica also acts for clients in respect of planning and environment litigation.