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With over 30 years' experience in environment, planning, heritage and land acquisition law, Sallyanne Everett's particular interest is in advising clients on securing approvals for major development and infrastructure projects, environmental enforcement and regulatory compliance, land acquisition and delivery.

She has advised on some of Victoria's most significant projects, raising complex and contentious planning and environmental law issues, based on a strategic, pragmatic and solutions-driven approach to issues.

From advising on the full suite of available processes, Sallyanne's experience with the different assessment and approval pathways in Victoria is unmatched. Her track record includes some significant firsts:

  • she advised on the first project (Peninsula Link) to access the project delivery provisions of the Major Transport Projects Facilitation Act 2009;
  • she advised on the first project (East West Link (Eastern Section)) to fully utilise the comprehensive impact statement assessment process under that Act; and
  • she advised on the first (and all subsequent) amendments to that Act to facilitate the assessment, approval and delivery of major transport projects.

Sallyanne has extensive experience in advising public and private sector clients on projects requiring an Environment Effects Statement, Planning Scheme Amendment and/or Panel Inquiry, as well as a wide range of planning, environmental and heritage permissions and approvals, including under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999, the Environment Protection Act 1970 (and the new environmental regime due to commence on 1 July 2020), the Road Management Act 2004, the Heritage Act 2017 and Aboriginal Heritage Act 2006.

This extensive experience, coupled with her strategic and solutions-driven approach, enables her to provide pragmatic advice to clients and offer innovative solutions. .

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Expertise

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Environment and Planning

Inland Rail Programme, ARTC: Lead legal adviser on the available approvals processes relevant to the Victorian component of this project, identifying issues relevant to selecting the optimum approvals pathway.

Mernda Rail Extension Project, Level Crossing Removal Authority: Lead legal adviser to the Authority on planning and environmental issues including the optimum assessment and approval pathway, project referrals under the EPBC Act and the Environment Effects Act 1978, environmental impact assessment and stakeholder and community engagement.

Department of Jobs, Precincts and Regions (DJPR): Recently advised the DJPR on potential planning assessment and approval pathways and delivery provisions relevant to the development of SRL urban renewal precincts and areas. This advice included exploring potential legislative reforms and the scope of new project specific legislation to facilitate the development of precincts in a timely and efficient manner.

Mordialloc Bypass (VicRoads and MRPV): Currently advising on the environmental assessment and approvals process for the Mordialloc Bypass requiring an EES, planning scheme amendment and a range of approvals including under the Commonwealth EPBC Act.

VicRoads/MRPV – Monash Freeway Upgrade: Advised the then Department of Transport on planning and environmental issues associated with the upgrade of the Monash-Westgate Freeway Project including the application of the Environment Protection and Biodiversity Conservation Act 1999 and the Environment Effects Act 1978

North East Link Project (NELP): Lead legal adviser on the assessment and approval processes necessary for the development of the NELP, including the EES and separate PER assessment process under the EPBC Act due to the project's impact on Commonwealth land. She has advised NELP from the outset from business case development, assessment of different planning pathways, development of the assessment and approvals strategy, preparation of referral material, scoping and preparation technical reports and assessment documentation, application material, securing approvals and approval conditions.

WestGate Tunnel Project (DTF and WDA/WGTP): Lead planning and environmental lawyer including during business case development, planning approval pathway selection, project procurement and the EES assessment and approvals process. Sallyanne advised DTF and WDA during the EES Inquiry and Advisory Committee hearings, finalising approvals and in contractual negotiations with Transurban and the D&C Contractor. She continues to advise WDA on all relevant planning, environmental and land access issues.

Level Crossing Removal Project (LXRP): Lead legal adviser on all planning, strategic property and environmental issues relevant to the Program. This has included advice on approval pathways for core infrastructure work and integrated development opportunities, developing the voluntary purchase scheme for the Caulfield to Dandenong Rail Upgrade Project and securing approvals for over 30 level crossing removals.

Melbourne Airport Rail Link: Sallyanne was responsible for drafting the Environmental Management Plan for the project which was commented in the Panel report as being the subject of favourable comment by a number of government agencies and submitters. This was the first time that a draft EMP had been prepared for a major transport project for a panel. The requirement for preparation of an EMF and construction and operation EMPs is now a standard requirement in the management of environmental issues for the development of major transport projects. She is now advising RPV on the approvals strategy for MAR and the Western Rail Plan.

Edithvale and Bonbeach EES – Level Crossing Removal Authority: Legal adviser to the Authority on the environmental assessment and approvals process for the Edithvale and Bonbeach level crossing removals requiring assessment under the EPBC Act and the Environment Effects Act 1978. Sallyanne was a key adviser on the environmental impact assessment during the stakeholder and community engagement and EES Inquiry and Advisory Committee hearings phases, and in finalising the approvals.

See Environment and Planning

Construction and Major Projects

North East Link Project (NELP): Lead legal adviser on the assessment and approval processes necessary for the development of the NELP, including the EES and separate PER assessment process under the EPBC Act due to the project's impact on Commonwealth land. She has advised NELP from the outset from business case development, assessment of different planning pathways, development of the assessment and approvals strategy, preparation of referral material, scoping and preparation technical reports and assessment documentation, application material, securing approvals and approval conditions.

WestGate Tunnel Project (DTF and WDA/WGTP): Lead planning and environmental lawyer including during business case development, planning approval pathway selection, project procurement and the EES assessment and approvals process. Sallyanne advised DTF and WDA during the EES Inquiry and Advisory Committee hearings, finalising approvals and in contractual negotiations with Transurban and the D&C Contractor. She continues to advise WDA on all relevant planning, environmental and land access issues.

Level Crossing Removal Project (LXRP): Lead legal adviser on all planning, strategic property and environmental issues relevant to the Program. This has included advice on approval pathways for core infrastructure work and integrated development opportunities, developing the voluntary purchase scheme for the Caulfield to Dandenong Rail Upgrade Project and securing approvals for over 30 level crossing removals.

Melbourne Airport Rail Link: Sallyanne was responsible for drafting the Environmental Management Plan for the project which was commented in the Panel report as being the subject of favourable comment by a number of government agencies and submitters. This was the first time that a draft EMP had been prepared for a major transport project for a panel. The requirement for preparation of an EMF and construction and operation EMPs is now a standard requirement in the management of environmental issues for the development of major transport projects. She is now advising RPV on the approvals strategy for MAR and the Western Rail Plan.

East West Link (Eastern Section): Sallyanne was the lead legal adviser to Linking Melbourne Authority on all planning, environmental and heritage issues relevant to this proposed road project – from business case development, early works investigations, assessment and approval of the project under the Major Transport Projects Facilitation Act 2009 through to project procurement, evaluation and contract award. This included advising on each step of the comprehensive impact statement assessment and approvals process under the Act, and assisting with obtaining legislative amendments to further reduce red tape and procedural delays. Sallyanne's work also included advising on the process to secure heritage approval for the project under the Heritage Act 1995 in respect of the inclusion of Royal Park on the Victorian Heritage Register. Sallyanne worked closely with her client and technical advisers to secure all necessary approvals for the project and satisfy key approval conditions relevant to the contractors' design proposal.

East West Link (Western Section): Sallyanne assisted the then Victorian Department of Transport, Planning and Local Infrastructure in drafting the tender documents for both Planning and Engineering Services and Communications, Community and Stakeholder Engagement Services for this proposed road project. This included drafting the Project Services Brief scoping the services to be provided and their staging for the assessment, approval and procurement of the project drawing on her experience with the comprehensive impact assessment and approvals process under the Major Transport Projects Facilitation Act.

Peninsula Link: Sallyanne advised Linking Melbourne Authority on all legal aspects associated with the assessment and approval processes of the project, including on the Panel Inquiry into the environmental effects of the project under the Environment Effects Act 1978, which addressed a full range of planning, environmental, transport, traffic, native vegetation, social and economic issues. She advised on the requisite planning and environmental approvals, drafted site specific planning controls and Project Deed provisions allocating risk for planning, environment and heritage issues. Sallyanne was also instrumental in successfully defending enforcement order proceedings before VCAT threatening to delay the project and an appeal against heritage permit conditions before the Heritage Council.

See Construction and Major Projects

Energy and Resources

Mortlake Power Station: Sallyanne advised Origin Energy on the planning and environmental approvals for the Mortlake Power Station including assisting with the Environment Effects Statement and Planning Scheme Amendment process, and advising on the requirements of the then new Aboriginal Heritage Act 2006. More recently, Sallyanne gave advice on the scope of planning and environmental approvals granted for the project and the extent to which they offer protection against augmentation of the terminal station.

Iluka Murray Basin Stage 2 Project: Sallyanne advised Iluka Resources in relation to the Murray Basin Stage 2 Project, which required an Environment Effects Statement, approved work plan and work authority under the Mineral Resources (Sustainable Development) Act, EPA Works Approval and approval by the Commonwealth Environment Minister under the Environment Protection and Biodiversity Conservation Act. The project also required a number of road closures and diversions under the Road Management Act. Sallyanne advised Iluka in relation to the environmental assessment and approvals process, which included a Panel Inquiry into the environmental effects of the project, and approval conditions at both the State and Commonwealth levels.

Nowingi Long Term Containment Facility: Sallyanne advised the then Department of Infrastructure in relation to the combined Environment Effects Statement, Planning Scheme Amendment, EPA Works Approval application and accredited assessment process under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999, on the proposed Long Term Containment Facility (toxic waste dump) at Nowingi. This involved advising the Department on all aspects of the environmental and planning approvals process for the project, reviewing technical reports, advising on the Planning Scheme Amendment, briefing expert witnesses in relation to their Panel reports, reviewing submissions and instructing Counsel during the Panel hearing.

Hazelwood West Field Coal Mine Expansion: Sallyanne advised and represented HRL before a Panel Inquiry into the environmental effects of the Hazelwood West Field Project and associated Planning Scheme Amendment.  This included acting for and representing HRL throughout the assessment process, engaging expert witnesses, settling expert witness reports and representation before the Panel inquiry. In this matter, Sallyanne's submissions to the Panel in relation to its obligations under the Planning and Environment Act 1987 to consider submissions on the Amendment were upheld by VCAT, which required the Panel to consider the greenhouse gas emissions generated by the continuing operation of the Hazelwood Power Station facilitated by the Amendment.

See Energy and Resources

Administrative and Public Law

MTPFA: Sallyanne has extensive experience in working with this legislation from assessment and approval through to project delivery. She has been instrumental in achieving legislative amendments in 2009, 2013 and more recently in 2019. She was the only private sector participant on a government working group looking at legislative amendments. She continues to advise OCG on these issues.

Peninsula Link: Sallyanne was instrumental in successfully defending enforcement order proceedings before VCAT threatening to delay the project and an appeal against heritage permit conditions before the Heritage Council.

Pakenham Bypass – Compensation Claim: Sallyanne advised then Vic Urban on compensation issues under the Land Acquisition and Compensation Act 1986 associated with the partial acquisition of land for the purposes of the Pakenham Bypass, including valuation, planning and servicing issues.

Toyota Motor Corporation Australia Limited and Bob Jane Corporation Limited: Advising these clients in relation to two separate Planning Scheme Amendments to the Melbourne Planning Scheme proposing to rezone land and apply a heritage overlay and design and development overlay restricting development potential on site. This included representation before a panel hearing resulting in favourable recommendations from the panel.

See Administrative and Public Law

Real Estate

Torquay Golf Course Redevelopment: Sallyanne advised RACV in relation to this redevelopment and in securing planning approval for a new hotel development before VCAT, giving rise to a range of planning and environmental issues.

Stockland and Highlands Residential Development: Sallyanne advised Stockland in relation to the assessment and approvals process under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 relevant to this development and the use of offsets to mitigate impacts on a listed species.

ABC: Sallyanne advised ABC in relation to the application of planning controls with respect to a commercial development adjacent to its existing ABC headquarters in Southbank.

Inner Urban Mixed Use: Sallyanne acted for Premier Developments Pty Ltd in relation to the development of a six storey apartment building containing 60 dwellings, a cafe and an office in Kerr Street, Fitzroy. She successfully represented her client in an appeal against several of the planning permit conditions imposed by Yarra City Council, including those relating to the detailed design of the building, and that the top level of the development be deleted. 

See Real Estate

Transport and Logistics

Port of Melbourne Corporation: Sallyanne advised the Corporation on a number of land contamination and pollution control issues, including in response to clean up notices issued by the Environment Protection Authority under the Environment Protection Act and in relation to the proposed acquisition of partially remediated contaminated land.

See Transport and Logistics

Investigations and Crisis Management

Environmental Enforcement Action: Sallyanne has advised many corporate clients in relation to environmental incidents and alleged non-compliances under both the Environment Protection Act 1970 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. This includes advice on the full range of enforcement measures including clean-up notices, pollution abatement notices, licence amendments, prosecutions, scope for director and manager liability and potential liability (as owner) for the actions of others.

See Investigations and Crisis Management

Government Services

Land Acquisition and Compensation matters: Sallyanne has advised public and private sector clients on the compulsory acquisition of land and entitlement to compensation, including for financial loss claims under the Planning and Environment Act 1987. This has included advice on land access issues associated with the East West Link (Eastern Section) Project, entitlement to financial loss compensation under the MTPFA, advice to then VicUrban on its claim for compensation with respect to the Pakenham Bypass, advice to ICI in relation to its claim for compensation associated with the compulsory acquisition of land for the Deer Park Bypass and advising a private client in relation to his disputed compensation claim before VCAT with respect to a partial acquisition of land for the Craigieburn Bypass. Over the course of these matters, Sallyanne has advised on a range of planning, valuation and development issues and heads of claim including severance, disturbance, market value, highest and best use, expenses and executive time claims. She has developed strategies to determine claims to her clients' advantage, including disputed claims referred to either the Supreme Court or VCAT.

Valuation Appeals: Sallyanne advised the Port of Geelong in relation to its valuation objection and appeal with respect to industrial land within the Port of Geelong, including reclaimed land. She also advised as part of a peer review the Port of Melbourne on similar issues associated with its valuation objection and appeal with respect to land owned by the Port.

See Government Services

Knowledge

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