Brendan works in our property and projects team, helping clients navigate complex planning, environmental, resources and major project approval matters. He advises across development, energy, mining and infrastructure projects, acting in both contentious and advisory matters involving planning and environment litigation, regulatory enforcement, project approvals, native title and cultural heritage.
Clients value Brendan for his strategic and commercially focused approach to managing complex regulatory and project approval issues, particularly on major developments and infrastructure projects.
Brendan brings extensive experience across the planning, environment and resources sectors and is a trusted adviser on complex projects where planning, environmental and regulatory considerations are critical to successful delivery.
Experience
Planning, Environment and Climate Change
- Acting for Waratah Coal Pty Ltd (Mineralogy Group) in a landmark Queensland Land Court hearing involving objections to a proposed thermal coal mine in the Galilee Basin on climate change and human rights grounds under the Human Rights Act 2019 (Qld).
- Acting for the Union of Concerned Scientists (USA) as amicus curiae (granted leave to intervene) in the High Court of Australia in MACH Energy Australia Pty Ltd v Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc, the first climate change case heard by Australia's highest court. The case attracted international attention as a test of domestic legal accountability for climate harm, with interveners from the Universities of Cambridge, Columbia and Melbourne also granted leave to appear. The High Court's decision will set a binding national precedent affecting fossil fuel approvals across Australia.
- Advising landholders and project participants on carbon project registration and carbon sequestration projects.
- Acting in Land and Environment Court Class 1 merits appeals for developments ranging from a $90 million subdivision to local alterations and additions.
- Acting for local government authorities in enforcement proceedings in the Land and Environment Court.
- Acting for education sector organisations on planning and environment matters, including State Significant Development applications, neighbour objections, landowner and easement issues, and strategic engagement with planning authorities.
- Acting in EPA prosecution proceedings arising from environmental incidents, including subpoenas, compulsory information requirements, witness issues and defended Land and Environment Court hearing work.
- Advising infrastructure and telecommunications businesses on strategic property acquisition and easement matters, including native title, cultural heritage, contamination, quarry and blasting risk, and compulsory easement pathway issues.
- Advising developers and landholders on biodiversity credit acquisitions and Biodiversity Stewardship Agreements.
- Drafting and negotiating voluntary planning agreements for local and regional developments.
Renewable Energy
- Acting for Tier 1 renewable energy proponents on wind farm approvals, battery projects and solar farms, including project determinations and review processes.
- Acting for renewable energy developers on EPBC referrals and State Significant Development applications for wind energy projects, including related gas-fired generation infrastructure.
- Advising pumped hydro proponents on planning strategy, geotechnical investigations, native title extinguishment and project scope issues.
- Acting for renewable energy proponents on voluntary planning agreements with local councils.
- Acting for energy infrastructure operators on planning and regulatory matters, including approvals and infrastructure issues associated with pipeline and related energy assets, and associated native title requirements.
- Acting for the charterer of a floating LNG vessel on long-term berthing arrangements for domestic NSW gas supply.
Mining
- Acting for mining proponents on major coal project approvals, including advice on project reformulation, approvals strategy, EIS requirements and EPBC referral issues.
- Acting for mining companies in environmental prosecution proceedings concerning mine operations.
- Acting for the holder of offtake agreements on the financing of heavy metals mining projects.
Native Title and First Nations Law
- Acting for energy infrastructure operators on native title and cultural heritage issues, including extinguishment analysis, tenure and easement issues, and strategic advice on approvals affecting infrastructure assets.
- Acting for Aboriginal land councils in Federal Court non-claimant proceedings, including overlap issues with competing native title claims, affidavit preparation and case management.
- Acting for the Hay Local Aboriginal Land Council in Federal Court in proceedings concerning native title extinguishment, resulting in an important decision clarifying the operation of the 'adjacent land' provisions of the Native Title Act 1993 (Cth).
- Acting for Aboriginal land councils on Indigenous Land Use Agreements.
- Acting for Aboriginal land councils in proceedings concerning representative body and governance issues.
Best Lawyers in Australia
Planning & Environment Law | 2017-2027
The Legal 500 Asia Pacific
Environment and planning | 2022-2025
Membership and community involvement
- Member, Law Society of NSW