Our Team
Lead Contacts
- Russell Bowie
  Partner
  T +61 7 3119 6281
  
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- Phil Bisset
  Partner
  T +61 3 8608 2120
  
  M+61 419 339 941
  
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- Antra Hood
  Partner
  T +61 7 3119 6241
  
  M+61 418 724 544
  
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- Duncan McGregor
  Partner
  T +61 2 9921 4502
  
  M+61 412 104 846
  
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Related Services
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Related Industries
- Energy and Resources
- Infrastructure

Services

Environment and Planning

MinterEllison's environment and planning team is renowned for its depth of expertise and comprehensive on-the-ground resources throughout Australia and in New Zealand, with client comments in Chambers publications describing our team as:

"Excellent in terms of its knowledge, service and responsiveness."

"They have expertise in every aspect of law: if things spill over into fresh areas, Minters will have an expert there too. Their greatest strength is their diversity. They also report frequently on developments and are very responsive."

"The lawyers' experience and understanding of law is impressive."

We work as a team across all jurisdictions, with the benefit of strategic and commercial advice that comes with thorough local knowledge.

Our team is at the forefront of policy development and many of our lawyers have first-hand experience working in environment, resource and planning agencies, and engaging with industry bodies. With the increasing focus on environmental impacts, our public and private sector clients rely on us to provide strategic advice in an area of law that is rapidly evolving and has a significant impact on business operations.

Our environment and planning law practice encompasses project design through to approval, implementation and operation. We advise and assist in obtaining the necessary licences and permits for projects or business operations., and we regularly advise clients on environment and planning approvals; environmental regulation and compliance; climate change and renewable energy; land resumptions; compensation and valuation; native title and aboriginal land claims; heritage; vegetation and biodiversity management.

Our experience spans a diverse range of environmentally sensitive industries, including mining, waste management, urban renewal and retail, industrial, commercial and residential development. We provide realistic response strategies to minimise risks associated with environment and planning litigation, investigations and prosecutions.

We provide a range of advice and representation on matters arising under the various state and territory laws and the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). This includes the preparation of due diligence advice for the acquisition of major infrastructure with potential effects on native vegetation and biodiversity values, advice on vegetation clearance approvals regimes, and negotiation of vegetation and biodiversity management agreements.

Development projects require legal solutions from advisers who understand how the industry operates. Over the past five years we have been the legal and strategic adviser to more than 80 major water projects in Australia and Asia. We advise water industry participants, developers and the public sector on issues including reforms, access rights and transferability, environmental impacts and construction of new infrastructure (particularly using innovative methods of project delivery and funding). Furthermore, our environmental law specialists advise owners and operators of water and sewerage infrastructure on their regulatory rights and obligation for water resource management planning and compliance.

We also advise on a variety of waste management related issues, including preliminary planning, environmental approvals, licences or permits, stakeholder engagement, negotiations with authorities, project financing, ongoing compliance, climate change obligations and opportunities, litigation and dispute resolution, and project decommission.

Our key point of difference is our ability to provide tailored and cross-disciplinary teams for the life cycle of a project and our experience and depth of capability enables us to provide advice that is practical and commercially sound.

Acquisition of the Mermaid Marine Supply Base from MMA Offshore

Advised Toll in relation to its strategic acquisition from MMA Offshore of the Mermaid Marine supply base and logistics supply base business for approximately $44 million. The acquisition of assets included property leases, inventory, plant and equipment, leased equipment and statutory licences.

Port Kembla Harbour Expansion

Advised Port Kembla Port Corporation in relation to its project to expand the cargo handling facilities at Port Kembla. The project involved the expansion of cargo handling facilities, redevelopment of the terminal and construction of a new wharf which required dredging in the Inner Harbour. This transaction was widely considered to establish a new benchmark in transaction preparation and execution.

Port of Melbourne Channel Deepening Project

Advised Port of Melbourne Channel Deepening, one of the largest infrastructure projects conducted by the Victorian Government in recent times, seen as critical to the Port and Australia's position in global shipping. As key advisers to the Port of Melbourne Corporation, we advised on many aspects of the project, including the Supplementary Environmental Effects Statement and managed the public hearing process Federal Court litigation over the Federal Government's environmental approval for the dredging, cultural and Aboriginal heritage issues, relocation of essential infrastructure under the Yarra River, the resolution of the alliance dredging contract, and land tenure issues relating to land assets affected by the project.

Perth City Link Project

Advising the Metropolitan Redevelopment Authority on all aspects of the Perth City Link Project, including drafting and negotiating the project deed for the development of the precinct, drafting and negotiating a suite of easements and covenants to manage the interface between the proposed above ground development and the underground public transport infrastructure.

Ord East Kimberley Expansion Project

Advising the State on all land tenure aspects of the Ord East Kimberley Expansion Project; developing, drafting and negotiating with Chinese proponent and Aboriginal Corporation the underlying land tenure model, including relevant aspects of Development Agreement and a suite of bespoke leases, licences and easements and other instruments; negotiating land access and use arrangements with mining tenement holders to manage overlap of inconsistent land uses.

More Recent Work

Westfield Group planning and development approvals

Advised Westfield Group on a wide range of planning matters in New South Wales (purchase and development of three major CBD retail sites in Sydney, including Centrepoint) and Queensland (development approvals for a new regional centre at Coomera and major expansion at North Lakes Centre, Chermside and Garden City regional shopping centres).

Xstrata environment and planning advice

Advised Xstrata Coal Australia on the environment, planning and mining issues associated with all of its coal mining operations in NSW.

TrustPower Tararua wind farm

Advised TrustPower, a New Zealand wind farm and hydro generator, on its purchase of the largest wind farm in Australasia (Tararua), including reviewing the documentation in relation to its construction, financing and connection, advising on all ongoing issues (such as work associated with its expansion), and negotiations with the Crown on obtaining emission units and the trading of those emission units.

Walker Corporation Rhodes Peninsula

Acted for Walker Corporation in its redevelopment of waterfront land at Rhodes, NSW. The development is an estimated A$800 million project which involved a paint factory site being remediated and redeveloped to a mixed-use, high-rise, shopping centre, residential and commercial village.

New South Wales Interstate Rail Network Restructure

Advised NSW Government in relation to a major restructure of the State's non-metropolitan rail system which included an investment of A$800 million+ in rail infrastructure by the Commonwealth Government. The arrangements effectively incorporated 3000kms of NSW interstate and Hunter Valley mainline railway track under the same operation and management as the interstate standard gauge mainline railway track. We also subsequently advised on commercial arrangements in relation to the take up by ARTC of the Metropolitan Freight Network and the Southern Sydney Freight Line.

Brisbane Airport parallel runway

The cornerstone of the Brisbane Airport Corporation's infrastructure program for Australia's third-busiest airport is a new Parallel Runway, expected to be completed by 2020. We are currently supporting BAC with the development and implementation of a procurement strategy for Stage 1 of the proposed A$1.3 billion runway.

Caroona Coal Project exploration and access advice

Advised Coal Mines Australia (a BHP Billiton subsidiary) on the Caroona Coal Project, the largest coal exploration project in Australia. We advise on strategic planning, environmental, mining and exploration access issues. We also acted in proceedings in the NSW Land and Environment Court and the NSW Supreme Court on several mining law matters.

$800m Discovery Point mixed use development

Acting for a wholly owned subsidiary of Frasers Property Australia (formerly Australand Holdings Ltd) on the A$800 million Discovery Point development at Wolli Creek in New South Wales. This 8-hectare mixed use development will feature residential apartments, commercial offices, an integrated retail centre and extensive public and private parklands. We are advising on procurement and OH&S strategies, drafting pro-forma and project specific documentation (such as consultancy agreements and design and construct contracts), assisting in the preparation of the tender conditions, advising on the tendering process and compiling documentation for tender.

A$1.75 billion sale and privatisation of Port of Newcastle

The sole legal adviser to NSW Treasury in relation to the $1.75 billion sale (by way of long term lease) and privatisation of Port of Newcastle, which is the world's largest coal export port. The A$1.75 billion restructure and refinancing transaction establishes a new benchmark in transaction preparation and execution, as reflected in the financial outcome which significantly exceeded market expectations. The transaction will free up much needed capital to help the NSW Government fund the revitalisation of the Newcastle CBD, and a backlog of other critical public infrastructure across New South Wales, including hospitals, schools and roads.

Lend Lease retail projects - QLD

Advised Lend Lease in obtaining approval for a major extension of the Sunshine Plaza regional shopping centre, valued at $400 million. We are also advising Lend Lease on the integrity of the Cairns Planning Scheme in planning litigation challenging the role of the Cairns Central Shopping Centre.

National quarry projects

Providing ongoing advice to Boral on planning approvals for quarries (Lawnton, Yatala, Roseneath, North Ipswich, Moy Pocket, Mackay (Cedars), Tannum Sands, Redlynch, Redbank Plains and Purga quarries) and conversions of quarries to residential areas (Lawnton), infrastructure contribution levies and greenhouse reporting requirements.

Development Agreement and Lease to Patrick Stevedores at Port Botany

Drafting and negotiating the Development Deed and associated documentation and issues between SPC and Patrick Stevedores for Patrick's existing terminal and part of the new Terminal 3 at Port Botany.

Expansion of Kooragang and Carrington Coal Terminals

Acting for Port Waratah Coal Services Limited (a privately owned facility, the largest shareholder of which is Rio Tinto Coal Australia Limited) in the redevelopment and expansion of the Kooragang Coal Terminal and the Carrington Coal Terminal in the Port of Newcastle.

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Environment and Planning