Nick Ferguson
Clayton Utz
Nick specialises in environment and planning law. His experience includes environment and planning litigation and advising on planning approval strategies, compulsory acquisitions, compliance with environmental law, remediation of contaminated land and clean energy legislation. He has advised corporate and government clients on the development of projects in a variety of industry sectors, including transport, resources and energy, infrastructure, development and waste disposal.
* Sydney Metro on highly complex claims for compensation associated with compulsory land acquisitions for the Victoria Cross (North Sydney), Martin Place, Pitt Street and Waterloo Metro Stations as part of the City & Southwest Metro Project.
* Woolworths Ltd (Australia) (secondment) on liability for contamination, remediation and business sale agreement obligations in connection with the A$1.8 billion sale of its 500+ petrol stations.
* Bingo Industries (secondment) on environmental and regulatory compliance in connection with its Sydney commercial & industrial waste recycling & management plants, including its Eastern Creek facility which is the largest waste landfill in the southern hemisphere.
* Donaldson Mine (Yancoal) on land access, tenure and acquisition, and the drafting, negotiation and modification of an easement/access deed entered into with APA in connection with the Kurri Kurri Lateral Pipeline (KKLP) and the linear infrastructure traveling across mining lands.
* Hunter Valley Operations, Ravensworth Mine and Bulga Mine (Glencore) on land access and acquisition of mining lands, modification of mining approvals, and drafting and negotiation of third party interface deeds to be entered into with EnergyCo for the purposes of the REZs Hunter Transmission Project.
* Jemena on defending proceedings brought by Barangaroo Delivery Authority pertaining to a management order issued by the EPA requiring remediation of part of Jemena’s former gasworks land at Millers Point, Sydney, BDA was seeking section 36 costs recovery under the CLM Act.
* Korea Electric Power Corporation (Korean Government owned) on its judicial review proceedings challenging the refusal of its State significant major project application for the Bylong 6.5 million tonnes (ROM) pa open cut/underground coal mine in NSW ([2020] NSWLEC 179).
* Mining majors (such as Yancoal, South32, Illuka Resources and Shenhua) on various environmental and regulatory matters in connection with mining operations in NSW, including advice on major project approvals and consents for new and continuing projects, land access agreements with public utility companies, and the development of energy transition projects.
* Moolarben Coal (Yancoal) on land access and acquisition of operative mining lands, and the drafting, negotiation and modification of a third party interface deed entered into with EnergyCo for the purposes of the carrying out of the Central-West Orana REZ Transmission Project.
* Experience gained prior to joining Clayton Utz