We have experience in a range of environmental and planning law:
Contaminated sites
The acquisition, disposal, remediation and development of contaminated property is a challenging risk management and commercial issue for business and government. Experience in this industry has given our team a strong understanding of the contaminated land management statutes applying in all Australian states. We have participated in the formulation of several of these statutes and over many years have advised clients on risk allocation, development and remediation of contaminated properties. We advise clients in respect of the sale and acquisition of contaminated properties and the management, remediation and development of contaminated properties throughout Australia.
Environmental impact assessment
Given the complexity of state and federal environmental impact assessment (EIA) legislation and the scope for judicial review of administrative decisions, strategic legal advice on such matters is essential from the outset of any proposed project. Our team has advised and assisted the developers of some of the largest and most complex projects in Australia on all stages of federal and state EIA processes, including representing clients in panel proceedings.
Planning and land use approvals
Land use planning is a highly specialised area of law, which operates in tandem with other environmental, heritage and natural resource management legislation. State and territory planning systems are inherently political processes, operating within a complex legal and policy framework. Our team offers clients significant experience in the land use planning and approval procedures applying in all Australian states. Our experience includes advising and acting in the relevant tribunals, panels, commissions and courts on behalf of many of the leading retail and commercial property development and infrastructure projects in Australia.
Pollution control and waste management
All Australian states and territories have legislated to protect the environment from the effects of land, water, air and noise pollution. Environmental agencies are armed with sophisticated enforcement mechanisms which can require an owner or occupier of property or the operator of industrial plant to comply with pollution control standards. Our team has a detailed understanding and knowledge of pollution control and waste management legislation in all Australian states and territories, and applicable federal legislation.
Renewable energy
Renewable energy is one of Australia’s fastest growing markets. Our team has advised clients on a number of greenfield renewable energy projects and participated in several important negotiations on carbon sequestration and entitlements to, and sale of, renewable energy certificates. Our experience encompasses the renewable energy industry, mainstream energy markets, major infrastructure development and the commercialisation of new technologies.
Climate Change
Freehills’ Climate Change team is uniquely placed to supply both the breadth and depth of the legal services required by this evolving area of policy and law. Fully informed by overseas and local developments, our legal services are responsive to the ramifications of these developments and coordinated across all the relevant areas law including environmental, banking & finance, corporate, infrastructure development and intellectual property. We are currently providing advice on Climate Change to our clients across many industries including banking, energy & resources, property, transport, manufacturing and forestry.
Environmental due diligence
Our team has considerable experience in the negotiation of environmental contract provisions and in the conduct of environmental due diligence audits in connection with mergers and acquisitions, financings, securitisations and public listings. We have developed and applied those skills over many years in some of the most significant commercial transactions in Australia.