With over 25 years' experience working on large, high-profile, and complex projects in both Canada and Australia, Brad Wylynko is considered to be "the premium" environment and planning law practitioner in Perth.
In addition, Brad is "responsive, good-humoured and willing to leverage his knowledge of operations to assist in his advice work." (Chambers Asia-Pacific 2019)
Brad leads the firm's Western Australian environment, planning and native title team and is also co-chair of our national Climate Change and Sustainability group.
Having advised and acted for some of Australasia's largest private companies and public organisations, Brad has a deep understanding of the legal issues that arise in resource, land development, infrastructure and energy projects. He works with senior management and boards in navigating complex environmental, regulatory and commercial issues. He is a trusted adviser, with a track record of developing effective legal strategies.
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Environment and Planning
Brad's knowledge and understanding of energy and mining projects, large industrial facilities, contaminated sites and infrastructure is second to none. His more notable work includes:
Planning – Telecommunications
- nbn co: Brad and his team have acted for nbn in numerous planning matters and tribunal appeals. This has included providing strategic advice, and successfully representing nbn in two significant State Administrative Tribunal matters concerning telecommunications towers in semi-rural locations. The matters involved consideration of the local planning schemes, relevant State legislation, and key planning policy.
- Singtel Optus: Brad has represented Optus for over a decade on a range of applications for telecommunications towers in both urban and semi-rural locations. This has involved both advice and multiple appearances before Western Australia's State Administrative Tribunal.
- Fletcher Building Group: Brad has advised the Fletcher Building Group for over a decade in obtaining a range of planning and environmental approvals for its various Western Australian building material projects. This has included advice and representation before the WA Appeals Convenor, the State Administrative Tribunal, and the Ministers for Environment and Planning.
- Metropolitan Redevelopment Authority: Brad is advising on the planning aspects of the $80 million Scarborough Redevelopment Project, including: road improvements; development contributions; draft planning schemes; major land package re-development; and a funding agreement with the local authority.
- Wespine Industries: Brad has advised Wespine on a range of issues over 15 years including noise buffers, planning approvals, and land access.
- Woolworths: Representation and advice on planning and liquor licence approvals for both liquor outlets and a major shopping centre. The shopping centre approvals were challenged twice in the Courts and successfully upheld both times.
Infrastructure including contaminated sites
- Perth Stadium: Brad and his team advised on the development of Perth's $1.6 billion stadium. This included complex land development issues and contractual risk allocation arising from proximity to the Swan River.
- Dampier to Bunbury Pipeline: This is one of the longest gas pipelines in the world, and a key gas pipeline for Western Australia. Brad has advised and represented DBP for a number of years on a range of issues.
- Pilbara Port: Brad has provided advice to the Pilbara Port Authority for many years, including on issues such as marine protection, land use, dangerous goods and environmental approvals.
- Southern Port: Brad's advice has covered approvals and land access in the context of port expansion, such as licence conditions, appropriate lease terms, and the transport of dangerous goods.
- Water Corporation: Brad has been advising the Water Corporation for over a decade on a range of matters including project approvals for waste water treatment plants, potable water drinking plants, pumping stations and pipelines and on a range of environmental and planning matters for both large and small infrastructure projects. Specific matters included environmental approvals/licensing; clearing approvals; renewable energy credits; contractor management; native title; planning approvals; miscellaneous licences; re-injection schemes; and recycled water schemes.
See Environment and Planning
- Brad has advised on climate change issues under a range of legislation, including the National Greenhouse and Energy Reporting Scheme, the national Renewable Energy Target scheme, and the various climate change schemes and programs (including the Carbon Pollution Reduction Scheme and the Clean Energy Act). Brad advises private sector and government clients on reporting obligations, emission reductions, renewable energy credits, and obligations under the Safeguard mechanism.
- Simcoa: Brad has provided strategic advice regard opportunities for generating emissions reductions under the Clean Development Mechanism. He also advised on issues relating to the Jobs and Competitiveness Program and carbon costs pass through under the Clean Energy Act.
See Climate Change
As an expert in climate change issues under a range of legislation as well as environmental and planning law, Brad has worked on major renewable energy projects, including:
- Wind Farms (Walkaway and Yandin): Brad advised on the environmental and planning approvals required for two major windfarms: the Walkaway Wind Farm (89 MW capacity) located 30km from Geraldton, and Western Australia's largest wind farm, the Yandin Wind Farm (over 200 MW) located near Dandaragan.
- Sun Brilliance: Brad advised Sun Brilliance on the development of a 100MW solar photovoltaic farm in Cunderdin, Western Australia.
Energy and Resources
- Alcoa of Australia: Brad has been Alcoa's principal legal adviser on environmental and planning issues for almost two decades, providing advice and representation on a wide range of matters including licensing and approvals, new projects, land clearing, and water and energy issues. His work has covered Alcoa's Victorian operations, its Western Australian bauxite mine, and its three Western Australian alumina refineries (which are some of the largest in the world).
- Cameco Uranium: Brad and his team assisted Cameco in successfully obtaining environmental approvals for one of the largest proposed uranium mine in Australia. The approvals were subsequently challenged in the Courts and successfully upheld.
- Citic Pacific Mining Management: Brad advised on environmental and land access approvals for a major iron ore mine. This was a complex project involving the mine, a desalination plant, a power plant and rail infrastructure.
- Fortescue Metals Group: Brad assisted in obtaining environmental approval and licensing for a number of Fortescue's iron ore mines in Western Australia, including Cloudbreak and Christmas Creek.
- Hanson Construction Materials (a subsidiary of the Heidelberg Group): Brad has acted for Hanson, and its predecessor Pioneer, for over 15 years in a range of project approval and regulatory matters. Amongst other matters, Brad and his team successfully represented Hanson in an application for review of a refusal to grant development approval for a major industrial facility. Brad and his team also represented Hanson in relation to a Court challenge to its approvals for a major quarry.
- INPEX Corporation: Brad advised INPEX on gaining environmental approval for its 12 trillion ft3 offshore gas project in the Northern Territories. The Project is located in a highly sensitive marine environment involving both Federal and Territorial jurisdiction.
- Talison Lithium: Brad and his team assisted Talison in gaining approval for a significant expansion to its lithium mine (one of the world's largest single lithium resource).
- DBNGP (WA) Nominees Pty Ltd: Strategic advice in dealing with development approvals having potentially significant impacts on Australia's longest natural gas pipelines. Representation before the State Administrative Tribunal.
- Griffin Coal: Advising Griffin on environmental approvals for the first privately owned coal-fired power station in Western Australia providing base-load power to the South-West interconnected Grid.
See Energy and Resources
- South West Aboriginal Land and Sea Council: Brad's team advised on the drafting of agreements regarding land use. This was in the context of the settlement of the Southwest Aboriginal Land Claim.
- Broome Port Authority: Advice and assistance in regard to Aboriginal heritage matters.
- Rocla Quarry Products: Advice and representation on native title claims in Western Australia.
See Native Title