Environment and Planning

We regularly advise in relation to environment and planning issues associated with major infrastructure projects across Australia, including for example:

Major Road

• New South Wales - The Cross City Tunnel; Westlink M7; M5 East; M4 East; Victoria Road upgrade; Pacific Highway upgrade.
• Victoria - Traralgon Bypass and The Melbourne City Link Project.
• Queensland - North South Bypass Tunnel and The Airport Link.

Rail

• Our team advise a number of national and state based rail agencies on an extensive range of planning and environment issues associated with major projects and ongoing railway operations. Our advice also involves assisting in the development of environmental management systems and reviewing environmental impact assessment frameworks. Some of the organisations we advise include: Australian Rail Track Corporation Ltd (a Commonwealth-owned company) and RailCorp (State-owned corporation offering passenger rail services within New South Wales); Queensland Rail; Pacific National and VicTrack.
• We are advising Sydney Metro on the Sydney Metro CBD project, which is the first project of its kind in New South Wales, and represents a new type of rail transport.

Utilities & other Infrastructure

• Advise a number of electricity distributors and electricity generators in respect of environment (land contamination), planning (Environmental Impact Assessment processes) and property (nature and scope of proprietary interests) issues concerning electricity infrastructure, including litigation concerning property, planning and environment issues.
• Advising major oil and gas operations on decommissioning obligations under both environmental and petroleum legislation.
• Advising clients on water legislation and trading.
• Advising telecommunication companies on a range of environmental, planning and property law issues for specific sites and broader aspects of their operations.

Development of policy and legislation - The Clayton Utz Environment and Planning team of lawyers regularly advise government on the development of policy and the creation of legislation. We also assist in the provision of advice in relation to the implementation of policy initiatives through regulation. In this context, we have drafted regulatory impact statements, prepared drafting instructions and otherwise assisted in the preparation of policy initiatives through regulation. We have also assisted in the preparation of substantial pieces of legislation. In particular, we have experience in providing advice to the Australian Government in relation to the development and implementation of legislative schemes concerning land-use planning, environmental assessment and approvals, environmental protection and heritage. For example, we have assisted the Commonwealth in the review of legislative proposals for the Environment Protection and Biodiversity Conservation Act 1999 ('EPBC Act') and the legislation associated with implementation of the National Environmental Protection Measures.

Climate change - We provide advice to government and corporate clients on the business risks of climate change, and the implications of emerging government policy and legislation for a carbon constrained economy. We are advising the Department of Climate Change on the Australian Governments Carbon Pollution Reduction Scheme (CPRS) and advise a range of energy, industrial and financial sector clients on the implications of both the CPRS and mandatory renewable energy targets.

Litigation and dispute resolution - We act in dispute resolution matters involving development appeals, prosecutions for environmental offences, enforcement of planning laws and valuation of land and general property litigation in specialist courts and tribunals, as well as in general proceedings. We are attuned to the value of negotiated outcomes where appropriate.