Environment and Planning
Environmental legal issues are often at the forefront of planning. Without a solid plan that takes into consideration any environmental regulatory issues, projects can be stopped, costing time and money. Environmental risk assessment and compliance are imperative and due diligence and risk assessment should not be skipped over.
Our environment and planning lawyers have market-leading expertise in a diverse range of environment and planning mandates. In particular, we are known for our work with state and local governments, providers of utilities and social infrastructure and public and private stakeholders in the property, construction, waste, recycling and renewable energy sectors.
We provide informed, practical and commercial advice and strategies to property developers, those with commercial interests in developing the land and government municipalities.
We have strong expertise working with public sector clients and are on the legal services panels of roughly 35 local councils in New South Wales and Victoria.
We also provide environmental advisory and dispute resolution services and act for numerous important proponents and stakeholders in the waste and recycling, renewable and clean energy sectors, as well as advising fossil fuel clients on the transition issues raised by the climate change crisis.
We are known as the lawyers of choice in relation to investigation, remediation, management, development, sale and purchase of contaminated land in multiple Australian jurisdictions.
We build lasting relationships, both with our clients and the best industry experts, meaning that we understand our client’s business and goals and we have the best people on hand to help achieve them.
We advise on environment issues including:
- land contamination
- risk allocation
- incident management
- prosecutions and environmental litigation
- reviewing and advising on environmental site assessments
- remediation action plans
- construction management plans.
To ensure that environmental risk and liability are appropriately managed, we also communicate with:
- environmental engineers
- regulatory agencies
- local councils
- the EPA.
We also act in relation to environmental effects statement processes.
Our extensive planning experience includes:
- preliminary due diligence legal advice on the regulatory requirements and merits advice on the development potential of proposed projects (including navigating Crown land issues and responding to requirements such as heritage, water, flora and fauna, acoustic, traffic, urban design and landscaping).
- advising on planning permits and development applications, objections and merits review and appeals on questions of planning law, including engaging expert witnesses and counsel as needed or appearing as solicitor advocates.
- strategic planning reviews.
- compulsory acquisition of land and temporary occupation matters for acquiring authorities and private landowners.
- planning matter advocacy and appearances in all relevant courts, tribunals, planning panels and advisory hearings in Victoria and New South Wales, including probity and governance-related matters in ICAC proceedings NSW.
- preparing and negotiating s173 agreements (VIC) and Voluntary Planning Agreements on behalf of private developers and state and local governments.
‘Hall & Wilcox provide a great service, with clear advice and attention to detail. The firm is highly experienced in planning and environment, and capable of managing transactional work, through to complex proceedings and large-scale assessment and approval processes.’
- Advising numerous property developers about the environmental aspects of brownfield and infill development.
- Advising the Commonwealth Department of Defence in relation to significant land contamination and project development issues arising from brownfield sites around Victoria.
- Advising a major oil company in relation to its environmental obligations and liabilities in respect of properties in Victoria, New South Wales and South Australia.
- Advising petroleum companies in relation to refining operations and compliance, negotiating licence renewals, and advising in respect of environmental contamination and incidents.
- Acting as an independent expert for four petroleum companies in providing opinion as to the allocation of liability for environmental contamination.
- Acting for the plaintiff in Premier Building and Consulting Pty Ltd v Spotless Group Ltd – the largest environmental contamination liability case to be tried in Australia.
- Advising a group of metropolitan municipal councils about the environmental rules and regulations associated with obsolete landfill sites and assisting with pollution abatement notices.
- Advising the Department of Environment, Land, Water and Planning on the implementation of a suite of reform recommendations arising from an independent enquiry into the Environment Protection Act 1970.
- Assisting with an Environmental Impact Statement and Environmental Effects Act approval process associated with a significant Victorian energy infrastructure project.
- Negotiating a conservation agreement between Parramatta City Council and Federal Office of Environment & Heritage relating to Federal approval for developments that are in the proximity of world heritage listed sites.
- Advising on interpretation of planning instruments that set out ecologically sustainable (ESD) objectives.
- Advising councils and other organisations on tri-generation technology combining cooling, heating and power in the assessment process for buildings proposed for development.
- Acting for a local council in relation to an unlawfully operated recycling plant, including advising the council in relation to its role and responsibilities and the broader legal framework and assisting to develop a position paper used by the authorities to consider the way forward on a significant environmental issue.
- Providing advice on proposed orders to be issued under s.124 of the Local Government Act, s. 121B of the Environmental Planning and Assessment Act, and notices and orders under the Protection of the Environment Operations Act.
- Providing advice on the management of land contamination affecting or potentially affecting land owned or managed by local council clients, including advice on the operation of the Contaminated Land Management Act and State Environmental Planning Policy No 55 - Remediation of Land.
- Defending numerous prosecutions instituted by the EPA Vic against a civil works contractor.
Local Councils – master planned developments and urban renewal projects
Acting for local councils such as Geelong City, Canterbury Bankstown City Council, Mornington Peninsula, City of Ryde, Canada Bay, North Sydney Council, The Hills Council, City of Kingston and Wyndham City across a broad range of matters including master planned developments and urban renewal projects which will deliver significant social and physical infrastructure and ensure the sustainable, long term provision of housing, transport and services within municipalities.
Local Councils – governance, probity, land acquisition, courts and tribunals
Advising and acting for local councils in relation to matters including governance and probity plans and enquiries, compulsory, voluntary and owner-initiated land acquisition and Land and Environment Court, NCAT and VCAT proceedings.
Private developers and institutional clients
Assisting private developers and institutional clients to respond to objections and obtain approvals for contentious redevelopments, including a landmark integrated health and aged care precinct with an innovative and world-leading ‘aging in place’ model of care, and other contentious projects with multiple objectors such as wind farms, quarries and gas projects.
Victorian Planning Authority
Acting for the Victorian Planning Authority in relation to growth area planning and Infrastructure Contribution Plan approvals under the new and complex ICP system.
Major infrastructure providers
Advising major infrastructure providers in relation to green-fields development of electricity, gas and water infrastructure.
Landowners and authorities
Advising landowners and authorities on all aspects of land valuation and land acquisition matters in major state government transport and infrastructure projects, including delivery of new education infrastructure as part of Victoria’s ‘Statewide Building Blitz’.
