A specialist in environment, planning and climate change law who has also worked as an environmental consultant, Claire Smith boasts an enviable technical skills set. 

Claire focuses on contaminated land, mining and other energy & resource projects, environmental liability risk transfer, major project approvals, regulatory compliance and management systems, incident response, carbon capture and storage, waste and resource recovery, water, biodiversity, asbestos risk issues 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, resources and major development proponents who come to her for advice on environment and planning approvals (including environmental impact assessments), and Commonwealth and State Government agencies and private sector clients with complex and high-profile matters or strategic advisory needs.

Read More

Expertise

Expand all

Environment and Planning

Anglo American: Claire is providing strategic advice to Anglo in respect of its NSW mining assets.

 

Barangaroo Delivery Authority: Claire is advising the Authority on contamination and remediation issues associated with the redevelopment of Barangaroo including a significant contamination dispute relating to a former gasworks, regulatory compliance issues and various contractor disputes.


NBN Co:
 Claire is advising NBN Co on a range of planning 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 has 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.

                                                     
Idemitsu: Claire is advising Idemitsu in relation to its mining projects in NSW, specifically on planning and environmental approval requirements for its mine expansion project, biodiversity matters, EPBC Act approval requirements and contractor issues. 

DTIRIS (NSW Department of Trade & Investment, Regional Infrastructure & Services): Claire advised on the overlap between the planning, mining and petroleum, water and environment licensing regimes in 2013; 
preparing drafting instructions for Parliamentary Counsel's Office in relation to the proposed Greenhouse Gas Storage Bill (NSW) and liaising with Parliamentary Counsel and providing advice to DTIRIS regarding engagement with other key Government Stakeholders including Department of Planning and Department of Environment Climate Change and Water; and providing advice on the development of project specific legislation to regulate the injection and storage of greenhouse gases in respect of a proposed pilot project.


UrbanGrowth NSW (formerly Landcom): Claire is advising UrbanGrowth on contamination risk allocation through its project delivery agreements and leases.

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

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.

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 is the first case of its kind which proceeded to trial.

Kimbriki Environmental Enterprises: Claire is advising KEE on a range of environment, planning and regulatory approval issues including the implications of the new Waste Regulation, interpretation of development consents and contracts and liaising with various regulators.

BP Plc: Claire advised on the legal risk issues arising out of health, safety and environmental audits of its refineries at Kwinana in Western Australia and Bulwer in Queensland.

GWA: Claire is advising GWA on environmental risk allocation in the context of a number property and business sale transactions.

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

Ports Pty Ltd: Claire is advising in relation to a former landfill at the Port of Geelong.

Orica: Claire gave 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.

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

Woolworths: Claire advised Woolworths and its Joint Venture parties on planning and environmental risk issues associated with various acquisitions.

See Environment and Planning

Climate Change

Idemitsu: Claire is advising Idemitsu in relation to its mining projects in NSW, specifically on planning and environmental approval requirements for its mine expansion project, biodiversity matters, EPBC Act approval requirements and contractor issues. 

DTIRIS (NSW Department of Trade & Investment, Regional Infrastructure & Services): Claire advised on the

  • overlap between the planning, mining and petroleum, water and environment licensing regimes in 2013;
  • preparing drafting instructions for Parliamentary Counsel's Office in relation to the proposed Greenhouse Gas Storage Bill (NSW) and liaising with Parliamentary Counsel and providing advice to DTIRIS regarding engagement with other key Government Stakeholders including Department of Planning and Department of Environment Climate Change and Water; and
  • providing advice on the development of project specific legislation to regulate the injection and storage of greenhouse gases in respect of a proposed pilot project.

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.

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

See Investigations and Crisis Management

Knowledge

    Related knowledge information is loading