How Planning And Environmental Reforms Are Shaping Australia’s Next Wave Of Priority Projects

Australia's Department of Climate Change, Energy, the Environment and Water has released consultation papers outlining the regulatory framework for the final phase of environmental protection reforms under the EPBC Act. With submissions closing on 13 October 2026 and implementation scheduled for 1 December 2026, these reforms will fundamentally reshape how projects are assessed and approved, introducing streamlined pathways...

New South Wales has introduced comprehensive Data Centre Guidelines to manage the rapid growth of data centre investment while addressing resource, environmental and community impacts. The framework establishes six core principles with 17 performance measures covering energy efficiency, water usage, consumer cost protection, renewable energy commitments and community benefits.

Our monthly ESG bulletin provides a targeted snapshot of key developments we see as reflecting the “must know” trends in the Australian market and, where relevant, the international market.

On May 22, 2025, the EU Commission adopted an implementing regulation to the EU's Deforestation Regulation ("EUDR") in which it identified the risk classification of countries...

Australia's mandatory climate-related disclosure regime requires certain companies to prepare sustainability reports alongside financial reports starting from 2025.

Noise restrictions are regulations or laws that limit the amount of noise in a specific area or at a specific time.

The NSW Government has released a comprehensive data centre policy framework establishing new guidelines for electricity network connections, planning approvals, and environmental standards. These reforms require data centres to contribute to network infrastructure costs, procure renewable energy, and demonstrate demand flexibility while offering streamlined approval pathways for compliant projects.

The State Development and Public Works Organisation (Critical Minerals) and Other Legislation Amendment Bill 2026 (the Bill) has passed the Queensland Parliament.

The High Court of Australia has ruled that NSW planning authorities must consider Scope 3 greenhouse gas emissions when assessing resource and energy development applications. In a landmark 3:2 decision, the Court invalidated approval for the Mount Pleasant coal mine extension, establishing that consent authorities cannot fulfill their climate change obligations by examining only Scope 1 and Scope 2 emissions.

The UN Special Rapporteur on the Human Right to a Clean, Healthy, and Sustainable Environment has made history by intervening in Australian Federal Court proceedings challenging the extension of Woodside's North West Shelf gas project until 2070. The intervention raises critical questions about how international environmental law obligations should inform the interpretation of Australia's Environment Protection and Biodiversity Conservation Act, particularly regarding climate change impacts and heritage

Australia's Privacy Act reform has reached a critical milestone with the release of exposure draft legislation proposing fundamental changes to how organisations handle personal information. The reforms introduce a new 'fair and reasonable' test for data collection and use, a right of erasure for large digital platforms, strengthened consent standards, a statutory controller/processor framework, restrictions on trading personal data, and enhanced data breach obligations. These changes come at a time when em

The Australian Government's exposure draft proposes a proactive, systems-based digital duty of care for online service providers, requiring them to ensure a 'safe online environment' so far as reasonably practicable.

The Australian Taxation Office has issued its final ruling on cross-border software payments, dramatically expanding what constitutes a royalty subject to withholding tax. With retroactive application to July 2021 and a broad interpretation of copyright law, multinational companies face significant compliance risks and potential exposure across software distribution, cloud services, and digital intermediation arrangements.

Australia's digital regulatory landscape is undergoing a fundamental transformation, with the proposed digital duty of care joining a complex web of reforms including Privacy Act amendments...

Australia's Department of Climate Change, Energy, the Environment and Water has released consultation papers outlining the regulatory framework for the final phase of environmental protection reforms under the EPBC Act. With submissions closing on 13 October 2026 and implementation scheduled for 1 December 2026, these reforms will fundamentally reshape how projects are assessed and approved, introducing streamlined pathways...

APRA and ASIC have issued coordinated guidance on frontier AI risks, requiring financial services boards to demonstrate direct oversight of AI governance, cyber resilience and third-party dependencies. The regulators' expectations build on existing prudential standards and directors' duties, with enforcement signals indicating that proportionate action must be taken before incidents occur.

The Australian Securities and Investments Commission (ASIC) has issued an open letter to all AFS licensees and market participants calling for urgent action to strengthen cyber resilience in response to the evolving threat posed by artificial intelligence models (the ASIC Letter).

The Court of Appeal has upheld a landmark decision requiring the Australian Tax Office to return settlement payments totaling approximately $15 million that were funded by proceeds from a breach of fiduciary duty.

Prime Minister Albanese's speech on 15 July 2026 marked a decisive shift in Australia's approach to artificial intelligence, from voluntary guidance to mandatory national regulation. The announcement establishes Australian Standards for AI, copyright licensing requirements, a national planning framework for data centres, energy obligations, and workplace protections—all underpinned by the concept of sovereign AI.

Australia's privacy regulator has issued final guidance on new transparency obligations for automated decision-making systems. From December 2026, organisations using computer programs—including AI, algorithms, and everyday software—to make or inform significant decisions about individuals must disclose these practices in their privacy policies. The guidance reveals a broader compliance burden than many expect, particularly for businesses using automated tools across recruitment, pricing, credit