Climate change and the environment:
managing risks and responsibilities

The impacts of climate change on our environment pose significant risks for communities. Climate hazards such as flooding, bushfires, and other extreme weather events are anticipated to become more frequent and intense, and the management of contamination, while not a new environmental risk to human health, may be exacerbated by flooding, stormwater or erosion exposing and spreading contaminants over land and water.
By not integrating climate and environmental considerations into strategic planning, both government and private organisations risk significant cost – not just financial, but human.
Our Climate change and the environment: managing risks and responsibilities series breaks down some of the leading climate and environmental risks facing today’s planners and land managers and shares best practices in not just tackling them, but preventing them.
Our Sessions
Session 1: Flooding - Thursday 14 August
The key challenges public and private clients face in flood risk management and mitigation include:
• translating flood mapping to flooding overlays
• amending planning schemes
• understanding floodplain regulations
• obtaining necessary permits
• developing strategies to minimize flood impacts on properties and developments
Partner Joseph Monaghan and Senior Associate Charlie Wurm broke down what local government needs to know about flooding in a webinar.
Session 2: Stormwater - Tuesday 29 July
The key challenges public and private clients face in stormwater management include:
• complying with their regulatory requirements under the Water Act 1989 and the General Environmental Duty
• considerations under and implications of the EPA’s Urban stormwater management guidance
• unreasonable flows of water caused by works to drainage easements
• the design and infrastructure of effective drainage systems, and securing their approval
Partner Terry Montebello deep dived into best practices in stormwater management for planners and land managers.
Session 3: Contamination – Tuesday 30 September
The key challenges public and private clients face in managing contaminated land include:
• complying with their regulatory requirements under the Environment Protection Act 2017, Environment Protection Regulations 2021, and the Environment Protection and Biodiversity Conservation Act 1999
• managing different types of contamination (for example PFAS, asbestos, lead, or zinc) and waste on land
• carrying out the proper site assessments
• developing remediation strategies
Partner Maria Marshall, Special Counsel Kristin Richardson and Tess Kerridge discussed contamination and how to mitigate environmental risks to protect public health and the environment.
Session 4: Bushfires – Tuesday 17 February
The key challenges public and private clients face with bushfire risk assessment and management include:
• navigating bushfire planning regulations
• developing bushfire protection plans
• working with and gaining approval from the relevant fire authorities
• ensuring compliance with safety standards to safeguard properties and communities from bushfire hazards
Partner Briana Eastaugh and Senior Associate Zina Teoh explored best practices in bushfire mitigation and management for planners.
Our experience
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Wonthaggi North East Precinct Structure Plan
The Wonthaggi North East Precinct Structure Plan (PSP) was used to guide the development of a new growth area in Wonthaggi, a seaside town located in the south east of Melbourne. The development will see the construction of approximately 5,000 new homes over the next 30 to 50 years, effectively doubling the population of the township.
The PSP identifies what infrastructure is needed to support the growing community, such as roads, community facilities, and land for employment and retail. The area, however, is flood prone, and this gave rise to significant issues in relation to the formulation of a drainage strategy for inclusion in the statutory planning framework. The issue was highly complex and complicated by the existence of recent development which had not properly provided for infrastructure contributions.
The matter therefore raised transitional issues on the way forward with the drainage scheme and its cost apportionment over existing and future development. We represented Bass Coast Shire Council in the Panel Hearing, held over five weeks, with the report of the advisory committee very positive to Council’s submissions.
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Dendy Beach Street Pavilion
We acted in multiple VCAT proceedings and a Heritage Council proceeding on a permit to develop a new significant lifesaving club known as the Dendy Street Beach Pavilion. This matter raised a number of complex legal and planning issues, including heritage, urban design, drainage and stormwater management and land contamination.
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Sandown Racecourse
Sandown Racecourse is a major landholding of 112 hectares located in Springvale within the City of Greater Dandenong. It was proposed to rezone the land to allow for the construction of 7,500 new dwellings and multiple activity centres near a train station. While Council was supportive of the rezoning, it identified a number of key issues, including the management of the environmental impact of a creek flowing through the site.
We represented Council at the advisory committee hearings, which lasted three weeks, and advocated for better handling of this flooding risk. Whilst the Minister was supportive of the proposal given its potential contribution to the provision of housing in Victoria, we were successful in securing more robust flood management. We ensured that the creek's impact on the site was properly mitigated, thereby preserving the natural landscape and preventing potential flooding issues.
This safeguarded the environmental integrity of the public open spaces within the development, ensuring they could safely operate all year round in a flood-free environment.
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Victorian State Government
A Victorian state government agency is dealing with potential PFAS contamination across multiple sites. PFAS, also known as "forever chemicals," are linked to the use of firefighting agents and are persistent in the environment. We are assisting the agency by providing advice on the preparation of planning scheme amendments to address the PFAS risk.
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Fosterville Gold Mine expansion
We advised the City of Greater Bendigo on the expansion of the Fosterville Gold Mine. We provided comprehensive environmental and planning advice and advocacy to ensure that any approval of the mine expansion project considered long-term impacts and complied with environmental regulations.
Our involvement included the preparation of a comprehensive submission and technical review of the publicly exhibited material associated with the Environment Effects Statement, with submissions and technical environmental evidence covering groundwater contamination, human health and air quality impacts, as well as increased vulnerability to climate change impacts.
How we can help
We’re here to assist our public and private clients to navigate the complexities of climate hazards, environmental regulations, and planning laws. At its core, managing climate change and environmental risk is about identifying a threat and communicating it via the correct channels – whether that be a planning scheme amendment, a permit, or just working with the relevant authorities. We make sure our clients can effectively manage that risk by providing expert advice and representation and ensuring compliance with all regulatory obligations.
Get in touch
Maria, Briana, Joseph or Terry are available to provide advice or support for your needs.
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