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Claire Smith is a specialist in environment, planning and climate change law with a diverse skill set (having also worked as a barrister), a global environment counsel for a major energy and resources company and an environmental consultant.

Claire has expertise in contaminated land, energy & resource projects, complex portfolio M&A transactions, environmental liability risk transfer, major project approvals, precinct developments, regulatory compliance and management systems, incident response, waste and resource recovery, water, biodiversity, asbestos and heritage law. This includes conducting litigation and dispute resolution and advising on the environment, planning and climate change aspects of transactions.

Her clients include energy and resources who come to her for advice on environment and planning approvals and compliance matters, Commonwealth and State Government agencies on complex or high-profile matters and developers of precinct and high rise development.

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Expertise

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Environment and Planning

Advisory

NBN Co: Claire regularly advises NBN Co on a range of planning and environmental matters and disputes associated with the roll-out of the Broadband Network in NSW.

Department of Finance: Claire advised the Commonwealth in relation to a confidential strategic contaminated land project.

Department of Defence: Claire advised the Commonwealth on a range of matters, including:

  • various planning, heritage and contamination issues relating to the disposal of the Ingleburn Military Barracks and negotiating the sale of property contract;
  • advising in relation to remediation contractor issues;
  • advising in relation to Defence's heritage management plan process and compliance with the Environment Protection and Biodiversity Conservation Act;
  • providing Defence with strategic advice on its environmental compliance framework across their portfolio of sites;
  • advising on environmental and contract issues in respect of unexploded ordnance disposal at Marrangaroo; drafting and negotiating a deed in respect of the transfer of contaminated property at HMAS Platypus to the Sydney Harbour Foreshore Trust; and
  • drafting a remediation agreement for Evans Head and the transfer of property and advising on the implementation of that agreement.

Asciano: Claire advised Asciano on its environmental compliance framework and management system, corporate reporting obligations and director and officer obligations in relation to environmental compliance.

Property NSW: Providing complex compulsory acquisition advice on powers of various Government entities to acquire land, drafting land access agreements and advising on native title issues including the ILUA process.

Western Sydney University: Providing planning advice regarding permissible uses as part of a precinct redevelopment strategy for part of its Westmead campus in partnership with a third party developer.

Charter Hall: Provided strategic legal advice in respect of risks associated with removal versus on-site containment of asbestos contamination as part of the development of a new warehouse and distribution facility in NSW.

Patrick: Claire advised Patrick in respect of various environmental, planning and contamination matters arising from the redevelopment of its container terminal at Port Botany and renegotiating a new long-term lease agreement with the port operator.

Cement Australia: Claire provided advice on a range of environment, mining, water and planning issues associated with the Kandos site.

Orica: Claire provided legal risk, permitting and compliance advice in relation to Orica's chemical facility at Botany Industrial Park including Orica's groundwater treatment and water recycling system.

Origin Energy: Claire advised in relation to a contaminated land dispute involving a former gasworks.

Colas Australia: Claire advised Colas subsidiary SAMI bitumen on environmental compliance, planning approval and pollution reporting issues in respect of its bitumen facility in Camellia, NSW

UrbanGrowth NSW: Claire advised on bespoke contamination clauses for a project delivery agreement template with Department of Planning and Environment to be rolled out on development sites and providing specialist advice on heritage covenants, planning pathways, federal biodiversity and compulsory acquisition matters.

Tasmanian Ports Corporation: Claire advised in relation to approval requirements for a dredging project in Tasmania.


Due diligence

Graymont: Graymont and Grupo Calidra (joint venture partner) entered into an agreement to purchase the global lime and limestone business of the Belgium-based Sibelco group. Claire advised Graymont on the environment and planning due diligence in respect of the purchase of the Sibelco Group's limestone assets which was a key transactional risk given the potential liability arising from historical rehabilitation obligations, future development approval requirements, security over the land and tenements and various environmental compliance issues.

Blackstone Real Estate Asia: advised on planning and environment due diligence associated with a +$2 billion acquisition of a significant portion of the Goodman industrial/ commercial property portfolio over two transactions.

Chevron: advised on the acquisition of Puma Energy's Terminals, depots and retail fuel business in Australia

CIC International Co. Ltd: Advised on all planning and environmental aspects of its A$1.4+ billion acquisition of the Investa Property Trust.

Woolworths: Advised on the environment risk issues associated with the divestment of Woolworths 536 site fuel retail business initially to BP and subsequently to EG.

Mitsubishi Real Estate: Advised on the planning risk aspects of its acquisition of 30% in the Mastery development and its 20% interest in the development of Circular Quay Tower.

Morgan Stanley Real Estate: Providing planning and environment advice on the A$525 million acquisition of 1 Shelley Street, Sydney in 50:50 JV with Charter Hall.


Precinct development

Barangaroo Delivery Authority: Claire advised the Authority on various state significant planning approvals associated with the redevelopment of the Barangaroo Precinct including regulatory compliance issues and various contractor disputes.

Walker Corporation: advised on legal aspects of development applications for a major greenfield residential development in a Sydney growth area including two merits appeals and advice on adequate arrangements, koala fencing and water recycling.

Stockland: Advising on project development agreement provisions, affordable housing issues and value sharing mechanisms and bushfire protection zones and asbestos contamination in respect of various projects for Stockland's residential property team.

City of Parramatta Council: Advising on planning aspects of the $2 billion mixed-use Parramatta Square development, which includes significant Public Domain space for community use. Claire advised on the Planning Proposal pathway, planning uplift issues and issues associated with a developer failing to properly tank a car park basement and obtain development approval for the basement.

Infrastructure NSW (formerly UrbanGrowth): Advised on its Environment Protection & Biodiversity Conservation Act approval for the Macarthur Park Project and as well as planning advice for the Parramatta North Urban Transformation Project and heritage covenants in connection with the Australian Technology Park disposal.

Daibiru Corporation:Providing planning and environment advice on Daibiru's first commercial development in Australia. Work included advice on heritage floor space, green buildings certification, planning approval advice and assistance in drafting the project delivery agreement in respect of the works to be carried out on site.

Han Group: Provided planning advice on a major mixed use development for residential, commercial and retail in CBD.


Waste

Enviro Recycling: advising in relation to the suspension of the operation of the waste recycling and resource recovery business and compliance with a number of prevention notices issued under the Protection of the Environment Operations Act (POEO Act).

Waste Asset Management Corporation (formerly WSN): advising in relation to various contractual and contamination disputes in respect of the lidcombe liquid waste treatment facility. Claire was seconded to WSN and advised on all planning and environment matters. Her work included:

  • various permitting, planning and compliance issues associated with WSN's alternative waste treatment facility at Jacks Gully and proposals for other AWTs;
  • regulatory compliance and approval requirements for Lucas Heights and Eastern Creek facilities; and
  • advice on electronic waste take back schemes and the national waste policy

Kimbriki Environmental Enterprises (KEE): Key adviser to KEE (a council owned corporation) on regulatory compliance with the waste regulatory framework within NSW (including the recent waste reforms), advising on the proposed PPP for construction and operation of an alternate waste treatment facility and composting facilities, and advising on historical contaminated land liability risk transfer.

Infrastructure NSW: advising in relation to waste levy requirements and waste contractor management issue.

See Environment and Planning

Energy and Resources

Chevron: advised on the acquisition of Puma Energy's Terminals, depots and retail fuel business in Australia together with compliance and other on-boarding requirements.

Idemitsu: Claire is advising Idemitsu in relation to its mining projects in NSW, specifically on planning and environmental approval requirements for its Boggabri Coal Mine, Muswellbrook Coal Mine, biodiversity matters, EPBC Act approval requirements and compliance matters. 

Origin Energy: advised in relation to planning approval requirements for the ash dam expansion, mining approval issues, fly ash recycling approvals and a contaminated land dispute involving a former gasworks.

APLNG Project: advised on the EIS assessment for APLNG on its Queensland CSG to LNG project which involves gas field development, construction of a pipeline (in excess of 500km) from the gas fields to Curtis Island and construction of a LNG plant on Curtis Island and ancillary onshore and marine facilities.

See Energy and Resources

Climate Change

Department of Industry and the Global Carbon Capture Storage Institute: Claire advised on the development of a nationally consistent measurement, monitoring and technical framework for carbon sequestration in Australia which required an extensive review of legislative requirements in Commonwealth, Victorian and Queensland jurisdictions.

NSW Resources & Energy: advised on a NSW carbon capture storage (CCS) bill which included development of a regulatory framework based on a critical review of other Australian and international CCS laws and preparation of detailed drafting instructions for Parliamentary Counsel's Office. This project had an extremely tight deadline of two months from instruction. Part of our role was to facilitate workshops with key Departmental representatives to "stress test" the proposed regulatory framework and settle policy positions. We adopted a flexible and streamlined approach and ultimately delivered the project on time and on budget.

New South Wales Department of Trade and Investment: Advising the Department on the development of proposed Greenhouse Gas Storage legislation in New South Wales. This included facilitating workshops with key Departmental representatives to "stress-test" the proposed regulatory framework and settle policy positions.

See Climate Change

Investigations and Crisis Management

Claire has undertaken investigations of environmental incidents, and co-ordinated crisis management. She has used that knowledge to help design CU SAFE, our ground-breaking app which helps you respond, quickly and decisively, to a serious safety or environmental incident, support your workers and meet your obligations (including reporting obligations), in all States and Territories

BP plc: advised on and drafted HSE standard operating procedures for BP's operational management system across its global operations in a former role as a Global Environment Counsel for BP as well being the legal counsel on numerous internal audits of its highest risk environment and health and safety operations across multiple jurisdictions over intense 2 or 3 weeks periods culminating in an audit report presented to site. In Australia, this included internal audits of the Bulwer and Kwinana refineries and the Australian terminal operations. In addition, Claire provided advice to BP on some of its most contaminated sites in Australasia and Europe as well as assisting with the development of an incident reporting and management system and working on various initiatives to improve the culture of environmental compliance in different parts of the organisation.

Boggabri Coal Operations Pty Ltd: advised on issues arising out of two blasting incidents which were reported to the regulator which ultimately resulted in the EPA withdrawing two draft penalty infringement notices. Claire has also advised on numerous other compliance issues with State regulators involving air emissions, water emissions an emergency variation to their environment protection licence (EPL).

Stockland Corporation: advised in respect of a number of asbestos and contaminated land incidents including engagement with contractors and regulators.

Infrastructure NSW (formerly Barangaroo Delivery): successfully persuaded the EPA to withdraw their proceedings in the local court seeking to enforce a penalty infringement notice against BDA in relation to a water pollution event which was withdrawn and re-issued to the developer, Lendlease.

Muswellbrook Coal: advising in relation to an illegal asbestos dumping incident and notification requirements to the regulatory.

Graymont: advising in relation to duty to report contamination requirements and PFAS matters.

Chevron: advising in relation to duty to report contamination requirements and PFAS matters.

Woolworths: Advised on numerous duty to report issues and engaging with the regulator in relation to Woolworth's former petrol service station business comprising over 500 sites across multiple jurisdictions.

See Investigations and Crisis Management

Litigation and Dispute Resolution

Infrastructure NSW (formerly Barangaroo Delivery Authority):

  • successfully settled judicial review proceedings in respect of a management order under the Contaminated Land Management Act in respect of gasworks contamination remediation at Barangaroo.
  • successfully settled a class 4 and a class 1 merits proceeding in respect of development consents. By taking a strategic approach to negotiating with the objector, we were able to reduce the scope of the appeals before they progressed. On the remaining issues, we collaborated with developer appointed by BDA, found and assessed expert witnesses, prepared a significant amount of detailed evidence and ultimately, persuaded the objector to withdraw the proceedings.
  • advised on evidentiary requirements for establishing that Jemena (formerly Alinta and AGL) was responsible for gasworks contamination at Barangaroo including engaging industrial archaeologist and specialist contamination consultants, two mediations involving over 20 expert evidence reports and advising in respect of management order proceedings commenced by Jemena (which were ultimately withdrawn) including legal advice on various matters raised by Jemena alleging that the management order was invalid.

Walker Corporation: advised on two merit appeals in respect of a major greenfield residential development in a Sydney growth area covering issues such as koala management plans and adequate arrangements for water and sewerage.

Sydney Water: Claire acted for Sydney Water Corporation in a complex and significant land contamination matter involving common law nuisance proceedings , statutory enforcement proceeding under the Protection of the Environment Operations Act 1997 and Class 1 (merit review) proceedings under the Contaminated Land Management Act 1997. Sydney Water was joined to the proceedings as an affected party and took the lead role for the respondents. This was the first case of its kind which proceeded to trial.

Boggabri Coal: Acted for Boggabri Coal on the prosecution by Department of Planning & Environment regarding the breach of the project approval relating to placement of a stockpile outside the project boundary.

Waste Asset Management Corporation (formerly WSN): advised on a significant pollution prosecution arising from the discharge of significant amounts of leachate into a creek by WSN's contractor Cleary Bros. We were also involved in assisting the EPA with a separation prosecution arising out of the same incident against Cleary Bros.

See Litigation and Dispute Resolution

Native Title

Idemitsu: Provided advice on notifications to native title claimants in respect of prospecting operations and future act matters and advice on a native title claim in respect of an exploration licence and the application for a mining lease in New South Wales and the Indigenous Land Use Agreement (ILUA) process.

Property NSW: Providing complex compulsory acquisition advice on powers of various Government entities to acquire land, drafting land access agreements and advising on native title issues including the Indigenous Land Use Agreement (ILUA) process.

Armidale Local Aboriginal Land Council (LALC): Providing the LALC with advice on the process for making a non-claimant application to the Federal Court of Australia seeking a determination that native title does not exist in relation to specific land and interpretation of certain provisions of the ALR Act.

UrbanGrowth NSW: Advised UrbanGrowth NSW on compulsory acquisition advice for the Parramatta North Urban Transformation Project and associated native title claim matters.  

See Native Title

Knowledge

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