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Samuel Allam

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Samuel is a Special Counsel in our Environment, Planning, and Climate Change practice in Sydney. He has concentrated on planning and environmental law for the last decade and has broad strategic experience ranging from litigation to advice and transactional matters. His practice includes both merits and judicial review appeals, dealing with regulators on environmental investigations and enforcement action, and negotiating with planning and other government authorities in relation to project approvals, modifications, and potential non-compliances. Before joining Baker McKenzie at the start of 2022, Samuel was a Senior Associate in the same field at a top tier law firm in Sydney.

Draft discussion papers have been released outlining the purpose and functions of the new Commonwealth Environmental Protection Agency (EPA).
The EPA is to be established by way of new standalone legislation which we anticipate will be released in 2024. Other legislation (such as the new “nature positive” legislation, expected to replace the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act)) is to confer powers and responsibilities on the new EPA Chief Executive Officer (CEO).
This article sets out what we currently know about how the EPA is to operate, how that varies from current arrangements and what this means for the future of project environmental assessment in Australia.

The Final Report of the Independent Review of the Biodiversity Conservation Act 2016 (NSW) (Biodiversity Act) dated August 2023 (Report) was tabled in the NSW Parliament on 24 August 2023.
The Report is critical of the credibility of the Biodiversity Act and the offsets secured under that Act’s regime, and disapproving of the status and trajectory of biodiversity in NSW. The Report recommends a refocusing of the Biodiversity Act towards a nature positive strategy with improved protections for ecosystems.