Brendan Bateman is a recognised expert in all aspects of environmental, planning and administrative law. 

He advises corporate and Government clients on planning approval and environmental impact assessment processes for some of Australia's largest infrastructure projects, and also practises in administrative law with expertise in judicial reviews, freedom of information and investigations.

Brendan advises on contaminated land, and has acted in some of the largest redevelopments of brownfield sites in New South Wales. Brendan has particular expertise in Land and Environment Court and property-related litigation, including defending pollution prosecutions and acting for public authorities in appeals relating to the compulsory acquisition of land.

In addition to being a part of the Environment and Planning team, Brendan is co-head of the firm's Climate Change Group. He provides 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.

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Expertise

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Administrative and Public Law

Brendan has advised numerous NSW government agencies on their statutory powers and functions, administrative decision-making processes, government information disclosure obligations and compliance with Legislative Council calls for papers under Standing Order No. 52. Clients include Roads and Maritime Services, Transport for NSW, Centennial and Moore Park Trust, Barangaroo Delivery Authority, Greater Sydney Commission, NSW Rural Fire Service,  Sydney Olympic Park Authority, Sydney Water Corporation, Sydney Harbour Foreshore Authority, Department of Planning and Environment, Office of Sport, Venues NSW and Office of Environment and Heritage.

See Administrative and Public Law

Climate Change

Brendan was appointed to advise the then Commonwealth Department of Climate Change on the design and implementation of the proposed emissions trading scheme, the Carbon Pollution Reduction Scheme, and on subsequent schemes to reduce emissions in line with international and domestic commitments. Brendan has also been a delegate at the United Nations Framework Convention of Climate Change conferences in 2008, 2009, 2015 and 2017.

Brendan advises private sector and government clients on reporting obligations under the National Greenhouse and Energy Reporting Scheme, and emission reduction schemes and programs including the Carbon Farming Initiative, participation in the Emissions Reduction Fund, obligations under the Safeguard Mechanism and trading in carbon and other green rights. 

Brendan is a founding director of the Carbon Market Institute, and co-Chair of the Australian Legal Sector Alliance. 

See Climate Change

Environment and Planning

Major infrastructure projects

Brendan has had more than two decades' experience advising on environmental impact assessments and approvals under State and Commonwealth legislation for major infrastructure projects, covering rail, road, airports, water, electricity generation and transmission, urban renewal and social infrastructure projects. Examples include:


Rail projects

Brendan has advised numerous NSW rail agencies and Australian Rail Track Corporation on environmental and planning issues in respect of major rail projects and operations. In particular, Brendan acted on:

  • the Epping to Chatswood Rail Link project
  • the Chatswood and Parramatta Transport Interchanges
  • the CBD Metro project
  • Newcastle Light Rail project
  • Sydney Metro Northwest
  • Sydney Metro City & Southwest

Work included advising on land acquisition strategies and all issues relating to the compulsory acquisition of land for the purpose of those projects.  Brendan also acted in Supreme Court proceedings challenging the validity of acquisitions of sub-strata land.


Road projects

Brendan has advised on environmental impact assessment (EIA) processes concerning the M5 East and M7 motorways, and EIA processes in respect of various bridge and road upgrades. He has also advised and acted for Roads and Maritime Services in appeals against determinations of compensation for the acquisition of land for numerous linear road developments including:

  • North-West Transit-way
  • Cross City Tunnel
  • Pacific, Oxley and Olympic Highways upgrade projects
  • WestConnex
  • NorthConnex
  • Sydney Gateway

Urban renewal

Barangaroo: Brendan advised on complex project planning approval and environmental licensing issues relating to the $7bn Barangaroo urban renewal project, including advising on planning approval pathways, the application of transitional provisions under the Environmental Planning and Assessment Act 1979 (EP&A Act) on a concept plan approval under the repealed Part 3A. defending a number of challenges to the validity of project approvals, and advising on land contamination issues.


Social infrastructure

Sydney International Convention Centre: Brendan advised Infrastructure NSW on environment and planning assessment issues associated with the $2.5bn SICC project, including planning approval pathways and the application of transitional arrangements under the EP&A Act, land contamination and remediation issues.  He is also advising on planning approval and appeal pre-conditions to financial close in the project deed.  Brendan advised on the establishment of the temporary convention facility at Glebe Island, including environmental licensing.


Electricity

TransGrid : Brendan is advising on environmental assessment and planning approval requirements in respect of numerous new transmission line and upgrade projects, including:

  • NSW-Queensland Interconnector project
  • New England Renewable Energy Hub
  • Snowy 2.0 project

Delta Electricity: Brendan is advising on planning approvals and defending challenges to validity of project approval for Munmorah Power Station refurbishment and Vales Point power station turbine upgrade.

Contaminated land

Brendan has advised a large number of corporate and government clients on land contamination and remediation issues including obligations to report contaminated sites and site audit processes. In particular, he regularly advises on contamination issues in the context of the disposal or acquisition of industrial sites, and has acted in some of the largest brownfield redevelopments in NSW. 

Clients include Multiplex, BP Australia, Generator Property Management Limited, Delta Electricity, OneSteel, Toyota, Origin Energy, AGL, Alcoa, Boral, Barloworld, HRL, Syngenta and various financial institutions and State government agencies.


Other areas where Brendan regularly provides advice include:

  • Environmental and pollution incident management and investigation
  • Environmental licensing and compliance
  • Environmental and planning litigation including challenges to project approvals, defending public interest litigation through civil enforcement and judicial review proceedings
  • Waste
  • Heritage and Aboriginal heritage
  • Biodiversity protection and offsets
  • Energy and resource projects 

See Environment and Planning

Environmental and Toxic Tort Litigation

Brendan has advised a large number of corporate and government clients on land contamination and remediation issues including obligations to report contaminated sites and site audit processes.

In particular, he regularly advises on contamination issues in the context of the disposal or acquisition of industrial sites, and has acted in some of the largest brownfield redevelopments in NSW (Rhodes Peninsula, NSW and former BHP Billiton lands at Newcastle, NSW).

Clients include Multiplex, BP Australia, Toyota, Origin Energy, AGL, Alcoa, Boral, Barloworld, HRL, Syngenta and various financial institutions and State government agencies.

See Environmental and Toxic Tort Litigation

Government Services

Brendan has advised numerous NSW government agencies their statutory powers and functions, administrative decision-making processes, government information disclosure obligations and compliance with Legislative Council calls for papers under Standing Order No. 52. Clients include Roads and Maritime Services, Transport for NSW, Centennial and Moore Park Trust, Barangaroo Delivery Authority, Greater Sydney Commission, NSW Rural Fire Service,  Sydney Olympic Park Authority, Sydney Water Corporation, Sydney Harbour Foreshore Authority, Department of Planning and Environment, Office of Sport, Venues NSW and Office of Environment and Heritage. 

See Government Services

Investigations and Crisis Management

Brendan has advised a large number of corporate and government clients on environmental and pollution incidents. He regularly advises clients on investigations into environmental incidents and other regulatory actions, including responding to statutory notices and defending actual or threatened prosecutions. 

See Investigations and Crisis Management

Knowledge

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