Nick Ferguson
Special Counsel, Sydney
I am an environment & planning lawyer, experience includes environment & planning litigation and advising on State significant development and infrastructure planning approval strategies, compliance with environmental law, remediation of contaminated land and climate change and clean energy legislation. I specialise in compulsory acquisition law, and advises a variety of government clients on complex compulsory acquisition claims, and strategies to acquire land.

Career highlights

  • Sydney Metro City & Southwest: Acted for Sydney Metro on compulsory land acquisitions and environment and planning approval pathways in connection with the development of the State significant infrastructure underground rail project, and its associated over station developments.
  • Transport for NSW (TfNSW): Acted for TfNSW on various compulsory acquisition and compensation matters, including a unique claim for compensation under section 69 of the Roads Act associated with the Bega Bypass Project, a claim for compensation in relation to acquisitions associated with the M8 Project and bespoke compensation deed, and a complex landholder/business operator claim in relation to quarrying/mining commenced in the court associated with the Pacific Highway Upgrade.
  • Woolworths: On secondment, acted for Woolworths on liability for contamination, remediation and business sale agreement obligations in connection with the sale of its 500+ Australian petrol station business, and acting as legal counsel in connection with various environmental court proceedings.
  • Remondis: Acted for Remondis on environment and planning, and climate change aspects of the waste business, including environmental due diligence relating to its cross-jurisdictional acquisition of Thiess Services’ waste business, and major projects approval strategy for its proposed Camellia Integrated Recycling Facility in Sydney.
  • Western Sydney Parklands Trust (WSPT): Acted for WSPT on strategic advice in relation to TfNSW's compulsory acquisition of its Parklands for the M12 Project, including advice on the interaction of the acquisition with the construction development deed.
  • Barangaroo redevelopment site: Acted for Jemena on proceedings commenced by it against the Barangaroo Delivery Authority in connection with liability under EPA regulatory notices in relation to historical contamination at Sydney CBD's harbourside Barangaroo redevelopment site.