Planning, Environment and First Nations

Comprehensive and thorough approvals strategy

Obtaining and defending approvals for major infrastructure, resource, energy and urban regeneration projects is a critical step in project delivery. It requires comprehensive environmental assessment, proper engagement with all stakeholders and obtaining all necessary statutory consents. Legal challenges to major project approvals by community stakeholders have grown significantly. There is increased regulatory scrutiny of community consultation as part of the consent process and changing stakeholder expectations.

End-to-end solution

Our team supports clients by helping develop the consent strategy with an awareness of emerging issues and insight into optimal solutions.

We look across planning, environmental and land access requirements to provide integrated and comprehensive advice. We then bring the strategy to life by working closely with our clients and their other advisers.

Rapidly developing regulation

Climate change is now a priority issue across boardrooms globally. Greater scrutiny of climate change commitments and operational carbon footprints has led to changing frameworks for the regulation of carbon emissions and offsets, extensive climate change reporting obligations and an increase in greenwashing litigation. As lawmakers grapple with how a global problem should be addressed in the context of individual project approvals, the legal environment continues to change and legal challenges to major projects are now common. As part of the transition to net zero, organisations will need to measure, assess and disclose emissions and implement a transition plan.

Deep knowledge and experience

Our team has been involved in the climate change regulatory journey from the early days. We have been advising on carbon regulation – including emissions trading schemes, carbon accounting and disclosure obligations, carbon offset projects - as the legal frameworks have emerged. We help clients to ensure their climate action publicity is well grounded. Members of our team have been involved in leading judicial review cases dealing with the consideration of climate change issues. Our global team can help assess how climate risk impacts on your people, assets, markets and supply chains; make disclosures on climate related risks and opportunities under reporting frameworks including Task Force on Climate-Related Financial Disclosures (TCFD) and International Sustainability Standards Board (ISSB); prepare and review climate transition plans; and provide strategic and regulatory compliance advice on carbon regulation, transactions and projects.

Incidents require quick action

It is important for corporations to adopt policies and implement plans to conduct operations to prevent and minimise incidents occurring. Unfortunately, incidents sometimes occur which impact on the environment and on stakeholders. Events usually occur unexpectedly and require prompt advice and action to be taken to minimise the impact of the incident and to help avoid the risk of substantial legal liability and reputational harm. Many incidents are by their nature high profile with high community expectations and public interest.

Helping you navigate the complex landscape

Our team has a strong track record of assisting clients to respond to environmental and cultural heritage incidents. We understand the pressures of managing the multiple workstreams required to respond quickly to the incident and to mitigate its impact in an appropriate manner. We are experienced in providing timely advice in relation to notification requirements, dealing with regulators, working with employees and engaging with community stakeholders within a coherent and strategic framework. We have acted for many companies in dealing with high-profile prosecutions brought by regulatory authorities.

Increasing focus on First Nations legal issues

The past few years have seen First Nations legal issues in Australia become a priority across politics, policy making and boardrooms. Momentum for change is significant and regulation has not always kept up with community expectations.

Dedicated native title and cultural heritage national team

We negotiate native title agreements, including enduring and innovative benefits management, and assist our proponent and First Nations clients to build long standing relationships.

We advise on native title approval processes and assist in claim, compensation and approvals litigation. We also help our clients to manage Indigenous cultural heritage issues in all the forms they manifest across multiple jurisdictions.

We understand the complexities of regulatory, social and environmental, social and governance (ESG) requirements and advise on ESG, free, prior and informed consent (FPIC), Corporate Social Responsibility (CSR), human rights and related international standards associated with the development and financing of energy, resources and infrastructure projects.

Challenging environment

Water resources and stakeholder access is a critical global issue in light of the increasing population and change to the environment and geopolitics. Access to water resources is becoming highly regulated with strong enforcement action and there are increasing legal disputes between stakeholders about access to water. We have seen growing emphasis on sustainable water management practices, technological innovations for efficient water treatment and distribution, higher expectations of utilities for water treatment and sewage discharges, and an increasing recognition of the importance of circular economy principles.

Offering you a wide range of perspectives

Our global team advises governments, water authorities, operators, contractors, developers, investors and lenders in relation to strategic projects and regulatory issues affecting the water sector. Our water experts are highly experienced in all aspects of water management including the licencing and regulation of access to water resources, the construction of water infrastructure (including dams, pumped hydro and power stations), discharge of waste water, pollution control, water recycling, production of renewable energy, biosolids management, water supply systems and water conservation.

Development of a major project requires access to land

Land access may involve landholder access agreements, mining or petroleum tenements, offshore wind licences, exercising a statutory right of access for a utility company or the compulsory acquisition of land. There is a growing trend for overlapping land access interests in the context of energy transition projects.

Holistic approach

We adopt a holistic approach and advise clients on the relationship between land access and project approvals to provide a comprehensive approvals and land access service. We have extensive experience in acting for acquiring authorities on compulsory purchase orders and acquisitions including litigation for assessment of compensation. We also have experience in land access for offshore renewable projects including offshore wind. Our Australian team has extensive experience in advising the resource sector on mining and petroleum tenements. We advise corporations on land access negotiation and dispute resolution procedures under resource legislation and land access arrangements for utility companies.

Strategic approach

Without planning consent, there is no project. The planning process has become increasingly fragmented and complicated and there has been a significant rise in legal challenges to planning permissions in recent years.

Extensive planning offering

Our team of dedicated planning experts provides advice on all aspects of planning law. Working across the public and private sectors, we advise on complex regeneration and infrastructure projects, including major mixed-use development schemes, precinct renewals and development, retail development, high-value residential schemes, and landmark office and other developments. Our services include providing strategic planning advice, dealing with all aspects of planning and infrastructure legal agreements, advising on environmental impact assessment, viability and affordable housing, building safety, energy efficiency and embodied carbon, freedom of information requests, heritage law and biodiversity. We have an excellent track record of successfully representing clients at planning hearings and in court challenges.

Increasingly strict obligations and liabilities

Significant liability can arise from environmental issues such as contamination, waste disposal, pollution, heritage, biodiversity and nature conservation. The liabilities can attach to the person undertaking activities, owners and occupiers of land and persons who change the use of land. Contamination is a significant issue for operational management of sites and in due diligence, pricing and liability in connection with corporate transactions. It is also increasingly difficult to obtain approval for activities which create or dispose of waste. Biodiversity and nature conservation are rapidly developing areas of regulation across the world.

Helping you successfully navigate complex issues

Our global team of experts advises clients on their environmental responsibilities and liabilities. We have decades of experience advising on traditional areas of environmental law including the remediation of contaminated sites, environmental due diligence on projects and transactions, strategies for managing liabilities in corporate transactions. disputes for allocation of environmental liability, environmental insurance and liability risk management solutions and freedom of information and environmental information requests.

Our team has extensive experience in advising on biodiversity and nature conservation issues as well as more recent regulatory changes including anti deforestation supply chain due diligence and biodiversity net gain requirements for developments. We have a deep understanding of the broader context of emerging regulatory and market led developments. We are well placed to support clients with implementing nature and biodiversity goals and objectives.