Offshore wind projects present significant opportunities to decarbonise and boost Australia’s economy. Federal and State governments have been laying regulatory foundations, declaring six offshore wind areas across four states. The recent Winds of Opportunity report from the Clean Energy Council estimates these areas represent potential capacity of 67.4GW of wind generation capacity, and that delivering just 20GW could boost Australia’s economy by up to $15.2 billion. 

Despite this opportunity, offshore projects have faced lengthy delays. The Winds of Opportunity report identified complex regulatory processes and risk of project delays as a key barrier to unlocking offshore wind, noting specifically the potential duplication of State and Federal approval processes.

On 10 and 11 June, our directors, Jess Hamdorf and Connor Fisher attended Australia’s leading decommissioning conference, D&A Aus 2025, at Crown Perth. Key operators, regulators and service providers gathered to consider challenges regarding decommissioning.

2024 has seen significant reforms to both environmental and planning approval systems. On 11 October, McLeod Fisher & Hamdorf, in conjunction with Murdoch University, hosted a symposium, centered around environment and planning approvals during these times of change.

The overlap between planning and environmental laws was displayed in a recent Magistrates Court proceeding with one of our clients. The Shire of Augusta Margaret River (Shire) prosecuted two parties for carrying out unlawful development under the Planning and Development Act 2005 (WA) (PD Act).

The Planning and Development Amendment (Metropolitan Region Scheme) Bill 2024 (Amendment Bill) was recently introduced into Parliament.

A recent decision of Justice Strk in The Owners of Smiths Beach Resort Strata Plan 49006 v Hadley [2004] WASC 137 provides a useful example of the Court’s ability to issue orders compelling a party to undertake a certain act, within a very short timeframe.

The recently passed Planning and Development Amendment Act 2023 (Amendment Act) introduces a new system for development approval of ‘significant development’. These provisions are anticipated to come into force on 1 March 2024.

McLeod Fisher & Hamdorf is delighted to welcome Chris Harold to the team.

This recent Surpreme Court decision highlights the importance of protecting individual amenity and sets a clearer benchmark for future cases involving industrial emissions and their impact on local communities.

We presented at the Law Society’s Word Environment Day CPD Seminar: Are WA’s Law in Good Shape?’ on the legal framework of the Environmental Impact Assessment (EIA) in Western Australia. Here is a summary of the assessment.

At a time when the State is centralising and, in some respects, relaxing planning laws, a recent Supreme Court decision is an important reminder that the courts will place limits on the power of decision making bodies.

The Amendment Act provides a range of changes to the Land Administration Act 1997 that are aimed at modernising and streamlining land tenure arrangements on Crown land. A key change from the Amendment Act is the introduction of a “diversification lease.”

A recent decision from the United Kingdom Supreme Court has brought nuisance as a cause of action for environmental damage into the spotlight. In Jalla v Shell International Trading and Shipping Company, ongoing environmental damage from an oil spill off the coast of Nigeria was not held to be an “ongoing nuisance”.