24/01/2017

How Climate Change Will Shape Environmental Law

Murdoch University


Environmental Law Conference
Murdoch University
7th February 2017
8:30am – 5:30pm
  • A Climate Change Model Statute
  • Sustainable Development Law
  • How a Modern Environmental Appeals Jurisdiction would work
How can climate change be accommodated within environmental law?
This one day conference will consider:
  • how environmental laws can be reformed to accommodate climate change and sustainable development
  • concepts, internationally and in Western Australia.
A panel of eminent speakers has been assembled to address these important issues.
Environmental protection statutes around the world generally have limited capacity to deal with climate change and sustainable development.
Traditional models of causation and remoteness of damage, for example, do not relate easily to climate change related events, with the consequence that governments may look to innovative models to transfer climate risk to the private sector.
Recognising the international nature of these issues, the International Bar Association (IBA), as the global voice of the legal profession, established in 2014 an expert Working Group to draft a model climate law statute.
The model statute is designed to be a resource for legislatures, government departments and judiciaries, with potential statutory provisions to assist in addressing climate change, in particular to enhance mitigation and adaptation measures.

The Speakers
  • Professor Jürgen Bröhmer, Dean of Law, Murdoch University
    Professor Bröhmer is an eminent international lawyer whose expertise includes climate change law.
  • Justice Brian Preston, Chief Judge, New South Wales Land and Environment Court
    Justice Preston is an eminent international authority on climate law and is widely recognized as an innovative environmental Judge who has published many leading judgements and articles in that field. He Co-Chairs the International Bar Association panel responsible for developing a model statute on climate change law.
  • Judge David Parry, District Court and former Deputy President of the State Administrative Tribunal
    Judge Parry's distinguished 11year tenure at the State Administrative Tribunal included substantive contributions to the jurisprudence on sustainable development in the town planning jurisdiction.
  • Glen McLeod, Principal, Glen McLeod Legal, Adjunct Professor Murdoch University Law School and a member of the Dean's Advisory Group at Murdoch School of Law
    Professor McLeod is the Chair of IBA's Environment, Health and Safety Committee and the Law Society of WA's 2016 Lawyer of the Year. He has been an environmental and planning lawyer for 39 years and a partner in major Australian and international law firms.
  • Dr Tom Hatton, Chair of the WA Environmental Protection Authority
    Dr Hatton is a former senior executive of the CSIRO who has since becoming Chair of the State Environmental Protection Authority in 2015, overseen important policy reform in the wake of significant litigation involving the EPA.
  • The Hon. Cheryl Edwardes AM
    Mrs Edwardes is a former Liberal State Attorney General and Environment Minister who Chairs a mining company and practises in environmental and mining law. She is the Deputy Chair designate of the IBA's Environment Health and Safety Committee and is a member of the Dean's Advisory Group at the Murdoch School of Law.
  • The Hon. Alannah MacTiernan
    Ms MacTiernan is a Labor member designate of the State's Legislative Council, having previously been a highly regarded State Planning and Infrastructure Minister and then the Federal Member for Perth, before stepping down in 2016. She was the Minister responsible for ending Ministerial Planning Appeals in favour of the former Town Planning Appeal Tribunal, a precursor to the creation of the State Administrative Tribunal in 2005. She has also served as Mayor of the City of Vincent and is a member of the Dean's Advisory Group at the Murdoch School of Law. She is a former partner of a WA law firm and has a strong interest in climate change issues.
The Programme
8:30-8:45 Registration
8:45-9:00 Introduction
Professor Jürgen Bröhmer, Dean of Law, Murdoch University
9:00-10:00 The International Bar Association's Climate Change Model Statute
Justice Brian Preston, Chief Judge, New South Wales Land and Environment Court
10-10:30 Panel Q&A on the Model Climate Change Law Statute
10:30-11:00 Morning Refreshments
11:00-11:45 Sustainable Development Principles recognized and applied in Western Australian Planning Cases
Judge David Parry, District Court and former Deputy President of the State Administrative Tribunal
11:45-12:15 Sustainable Development Principles - Environmental Protection Act 1986 (WA)
Glen McLeod, Principal, Glen McLeod Legal, Chair of IBA's Environmental, Health and Safety Committee
12:15-1:00 The WA Environmental Protection Authority's Climate Change Policy
Dr Tom Hatton, Chair of the WA Environmental Protection Authority
1:00-2:15 Lunch
2:15-3:00 Climate Change and the Mining Industry in Western Australia
The Hon. Cheryl Edwardes AM
3:00-3:30 Panel Q&A on Sustainable Development Law and Policy in Western Australia
3:30-4:00 Afternoon refreshments
4:00-4:45 Lessons from Ending Ministerial Planning Appeals and the Creation of a New Tribunal
The Hon. Alannah MacTiernan
4:45-5:15 Panel Discussion on how an Environmental Jurisdiction for the State Administrative Tribunal would work in WA
5:15-5:30 Closing Remarks
Professor Jürgen Bröhmer, Dean of Law, Murdoch University

Registration
The cost of the course includes attendance at the sessions, lunch, refreshments on arrival and morning and afternoon tea. 6 CPD points for lawyers (C2-1pt; C3-1pt; C4-4pt) will be available if requested for full day attendance.
Please register at: http://goto.murdoch.edu.au/CCERC

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