Australia is one of the driest continents on Earth and we fight a constant battle to maintain the balance between water supply and demand. That's why water has become one of the most significant legal and policy issues in the country.
Reforms across all Australian jurisdictions are ongoing, bringing critical changes to industry regulation, infrastructure, water rights, trading and water access.
Clayton Utz’ specialist national water team can help you navigate the reforms and understand the challenges and opportunities they present, to help achieve your commercial objectives. Our experience includes advising a range of government and private organisations in some of Australia’s largest and most significant water-related transactions. We advise on issues such as infrastructure projects and access, regulatory reform, law and policy changes, water pricing and water trading.
This depth of experience allows us to anticipate trends and key issues, and to provide innovative and effective commercial advice in relation to all aspects of water.
Victorian water authorities: Clayton Utz advised Victorian water authorities over regulations governing the industry, including water legislation and subordinate legislation. We developed extensive experience in environmental regulations by advising the water authorities over land contamination from wastewater settling lagoons; their liability under the Environment Protection Act 1970 over the treatment of water and wastewater; and the sub-contracting and delegation of statutory obligations and liabilities over the treatment of water and wastewater.
Central Highlands Water Treatment Project, Victoria: We acted for the water authority in developing a contract strategy for privately funded water treatment facilities in the Central Highlands of Victoria, preparing tender and contract documents for the project, evaluating expressions of interest and tenders and negotiating the final contract.
CS Energy: Clayton Utz advised CS Energy on water licences, entitlements and allocations. We acted for the business over water supply for the Callide and Swanbank Power Stations and over regulations affecting the production of water from coal seam methane extraction.
Iluka Resources: Clayton Utz advised on planning permit applications for a water pipeline from the Rockbank Reservoir to the Douglas mine that would supply water to the Minerals Sand Project. We also advised Iluka Resources on the annual water supply allocation by Wimmera Mallee Water under the Water Act 1989. This included advice on applications by the Victorian National Parks Association (VPNA) and the Mineral Policy Institute to the Victorian Civil and Administrative Tribunal to overturn decisions by Horsham Rural City Council and Southern Grampians Shire Council to grant permits for the pipeline project. We also advised Iluka Resources over an Application for Declaration brought by the VNPA over the water allocation by Wimmera Mallee Water to Iluka Resources.
Queensland Treasury: We advised Queensland Treasury on the commercial aspects of the proposed restructure of the South East Queensland Water Board (SEQWB) and public sector legislation applying to the restructured SEQWB.
South East Queensland Water Corporation: Clayton Utz advised South East Queensland Water Corporation on the Western Corridor Recycled Water Project and the Southern Regional Water Pipeline Project.
Dalby Town Council: Clayton Utz is advising Dalby Town Council over regulations and contracts for the supply of coal seam methane water from Arrow Energy Limited’s Tipton West CSM field for use as a potable water supply for the town.
Mt Isa Water Board: We act for Mt Isa Water board advising on water distribution and regulatory issues.