Glen-Legalwise-seminar

Glen had a busy start to the week.

On 16 March 2020 Glen presented at the Law Society of Western Australia’s intensive ‘From the Ground Up: Lawyers Involved in the Making of Cities’. The event focussed on how the state is managing the challenge of creating a liveable city as the urban area grows and brought together lawyers, planners, developers, project managers and government representatives. Glen presented on the topic ‘Protecting Residential Amenity in Vibrant Cities: Environmental Protection (Noise) Regulations 1997 and the proposed WAPC Special Entertainment Precincts Position Statement’.

On the following day the 17 March 2020 he presented at Legalwise’s ‘Property Law Roundup’ at the March 2020 Property Law Conference. The program included presentations on Strata Title, insolvency, selling and leasing property, and the latest property market updates. Glen presented on contemporary issues in planning law, including planning issues in urban infill, managing land use conflicts in urban areas, planning controls and private property, and developer contributions.

If you would like to have a copy of either paper which Glen presented or have a question about the above topics, please feel free to contact us at admin@glenmcleodlegal.com

Doyles-2020

Glen McLeod Legal is pleased to announce our recognition as a first tier planning and environment firm in Western Australia.

Glen McLeod, Principal of Glen McLeod Legal has also again been recognised as preeminent in environment and planning law.

Achieving this recognition is an honour for the firm and we look forward to continue building our close relationships with clients, consultants and peers in the profession in the years to come.

waste-levy-consultation
  1. As the face of waste management changes, the State Government will continue to identify both short- and long-term issues. The Review of the Waste Levy – Consultation Paper (Levy Consultation) is intended to provide a broad overview of the waste levy strategic decisions, and to canvas for insights into the future.
  2. The Levy Consultation seeks feedback on a number of issues including:

a) the extension of the waste levy to apply to regional areas in addition to metropolitan areas;

b) whether increasing the waste levy incentivises waste facilities to investigate recycling and diversion opportunities rather than landfilling the material; and

c) amending the waste levy in a way which balances the need to be responsible to changed circumstances and technology, whilst also giving waste managers a level of certainty around the levy to enable them to make strategic waste management decisions.

  1. The Levy Consultation suggests that a levy on waste generated in regional areas may provide a financial incentive that may result in increased recovery. Implicit in this is the suggestion that waste which is generated in regional areas is also processed, re-used and recycled in regional areas. The effect of this would be to reduce transport costs and to allow waste to be recovered and reused locally. However, in evaluating this option it is also necessary to consider whether this would be worthwhile as landfill volumes and recycling opportunities are relatively small in regional areas and additional levy revenue would be modest.
  2. Further, applying the levy to regional areas would address the Government’s concerns that some operators are avoiding payment of the waste levy by transporting waste from metropolitan areas to regional areas.
  3. In relation to the proposal to increase the waste levy fees, the Levy Consultation notes that this may not lead to an uptake of recycling and waste diversion opportunities, if these options are not financially attractive. Increasing the waste levy may therefore have unintended consequences, such as creating an incentive for stockpiling the waste or inappropriate disposal of the waste to avoid paying the levy. The Levy Consultation seeks feedback from waste facility operators on whether recycling and waste diversion opportunities would become more viable if the waste levy was applied in a different way.
  4. The Levy Consultation also requests feedback from waste facility operators how decisions about managing waste or related investments would be impacted if it was known how the waste levy would be varied into the future. The Levy Consultation notes the need to balance responsiveness to emerging knowledge about best practice waste management with the benefits of providing waste facility operators with confidence about future waste levy rates. Feedback is sought on how to achieve this balance.
  5. The consultation can be viewed here: https://www.dwer.wa.gov.au/consultation/waste-reform-consultation and submissions must be made by 15 May 2020.
  6. If you require assistance in making a submission on this consultation, please contact us at admin@glenmcleodlegal.com
Pile of cardboard

Waste management is a contentious but important subject. In particular, in recent times a tension has become apparent between the use of the waste levy on waste disposed of to landfill and the practice of stockpiling waste instead of burying it.

  1. Two consultation papers have just been released by the Department of Water and Environmental Regulation to address some of these issues
  • Closing the Loop: Waste Reforms for a Circular Economy Consultation Paper February 2020 (Waste Consultation); and
  • Review of the Waste Levy Consultation Paper (Levy Consultation).
  1. The Waste Consultation outlines a number of legislative reform proposals which the Government has pitched to improve waste management and promote a circular economy in Western Australia. These changes have the potential to affect the operators and licensees of licenced waste premises across the State.
  2. The Waste Consultation seeks feedback on a proposed amendment to the Environmental Protection Act 1986 (WA) (EP Act) to include objectives relating to waste avoidance and resource recovery. These changes have the potential to affect the granting of licences for waste premises and the setting of licence conditions under Part V of the EP Act.
  3. Waste stockpiling is identified as a critical issue in the waste industry and the consultation explores a number of options to disincentivise stockpiling. Options include the imposition of the waste levy on waste facility operators if waste is not removed from specified waste storage facilities within 12 months if it is not processed and it is not going to be sold or otherwise used. This option is presented alongside levy exemptions for waste used for construction or maintenance work carried out at licenced landfills.
  4. The Waste Consultation also proposes amending and amalgamating landfill and solid waste licencing categories. If implemented the proposed amalgamation and clarification of the existing five prescribed landfill categories under the Environmental Protection Regulation 1987 (WA) (EP Regulations), may result in changes to licencing of premises, licencing exclusions and the payment of the waste levy. Further, the proposed changes to the solid waste licencing categories would, amongst other things, affect the category licence required for the storage, re-use, treatment or sorting of solid waste.
  5. The Waste Consultation also explores numerous options aimed at supporting a circular economy, including using waste-derived materials in industry. It says that uncertainties in the current licencing and levying regimes may be contributing to a lack of waste-derived materials in the Western Australian market and notes that this issue is currently under separate consideration. We will provide a further update as details are released.
  6. Lastly, potential reforms considered in the consultation include amendments to the existing waste reporting scheme. These amendments would require waste facility operators to report on the weight, volume, origin and type of waste received at the waste facilities. The intention behind this reform is to allow more comprehensive waste data to be compiled and to assist decision-makers in shaping future waste initiatives.
  7. The Waste Consultation can be viewed here: https://www.dwer.wa.gov.au/consultation/waste-reform-consultation.

If you require assistance in making a submission on this consultation, please contact us at admin@glenmcleodlegal.com

Chelsea-white's-admission

Glen McLeod Legal is delighted to announce the admission of Chelsea White to the Supreme Court of Western Australia. Chelsea’s admission was moved by Glen McLeod on 7 February 2020.

Chelsea has been a valued part of the Glen McLeod Legal team since March 2017 and we look forward to watching her growth in the legal profession.

Justice Edelman

On 18 December 2019, Lea Hiltenkamp had the pleasure of welcoming the Hon Malcolm McCusker AC CVO QC and the Hon Justice Edelman of the High Court of Australia to the Piddington Society’s final event of the year. Malcolm Mccusker provides a very lighthearted reflection on how he first met Justice Edelman and his many achievements over the years. His Honour then took the stage and delivered a very insightful speech on the growing importance of written advocacy. His Honour pronounced his six commandments for improving written advocacy, which included writing clearly and succinctly, avoiding “purple prose” and setting a clear structure to the submission from the outset.

the-law-society-event

Glen McLeod Legal was delighted to again be a supporting sponsor of The Law Society of Western Australia’s End of Year Celebration on Thursday 5 December 2019 at the impressive Westin Hotel.

We are proud to attend and support this annual event as it provides an opportunity to engage with others in the profession and to celebrate with them another busy and eventful year.

Field with clouds

The State Government announced today that it will support carbon farming on pastoral lease land in Western Australia (WA). As readers of our blog will know Glen McLeod Legal hosted on 27 November 2019 a seminar titled  ‘The Potential of Carbon Farming in Western Australia – Opportunities and Challenges’, in collaboration with Murdoch University and the Harry Butler Institute.

The State Government’s support for carbon farming on pastoral land is seen as a major step in unlocking WA’s carbon sequestration potential and according to the Government’s announcement is expected to be an element of the State’s Climate Policy, planned for release in 2020.

Carbon-Farming-Event

On Wednesday 27 November 2019 Glen McLeod Legal hosted The Potential of Carbon Farming in Western Australia – Opportunities and Challenges conference in collaboration with Murdoch University and the Harry Butler Institute.

The event brought together legal, scientific, policy and industry experts for an evening of insightful commentary on the issue. Glen McLeod spoke on the law surrounding the issue.

The audience responded strongly to the presentations and engaged with the array of perspectives and there was lively discussion from our panel of experts. We would like to thank the speakers, panellists and attendees for contributing to a successful evening.

Speakers left to right: Professor Richard Harper, Dr Dean Revell, Gary Peacock (rear), Gaye Mackenzie, Professor Jürgen Bröhmer, Tristy Fairfield, Hayley McNamara, Glen McLeod, Michelle Rhodes

Glen-McLeod-goes-back-to-school

Glen stepped back in time on 20 November 2019 to revisit the primary school of his youth as part of the Law Society of Western Australia’s initiative “Lawyer visits to schools”.

Glen spent an engaging hour with an impressive Year 4 class at Maylands Peninsula Primary School to share the history of his time at the school back in the 1960s, as well as the history of law in WA, the different types of Courts and practices of law.  The students were interested to learn that the law extends beyond speeding, stealing and murder.

The aim of the programme is to increase student awareness of the law, legal principles and the court system in Western Australia and provide an exciting opportunity for the legal profession to engage with students and teachers in the community. Glen highly recommends the programme to other lawyers. Information on the programme can be found here.