New Year, New Environment Legislation

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.

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 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.

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

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

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...