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 and extensive enforcement mechanisms, making pollution control an important issue for many businesses.

Our range of legal and strategic services includes advising clients on:

• legal risk management strategies concerning pollution incidents
• clean-up, remediation or pollution abatement notices   
• interviews with environmental agencies
• the defence of proceedings brought by environmental agencies

Examples of our recent experience include:

• International metal recycler, Queensland – Adviser to an international metal recycler in relation to compliance with noise emission standards in Queensland, including negotiating terms of settlement with the Environmental Protection Agency.
• Importation of military waste –  Advising a waste disposal company on the importation of military waste from East Timor for treatment and disposal.
• Chemical plant decommissioning and remediation, Victoria – Adviser to a US client on Environment Protection Authority consent and regulatory requirements for the decommissioning and remediation of a tetra-ethyl lead-additive facility in Victoria, and the overseas export of wastes.
• Kwinana Pigment Plant, Western Australia – Adviser to a client charged with causing pollution and an unreasonable emission under the Environmental Protection Act 1986  (WA).
• Water pollution – Adviser to Heggies Baulkhaul Ltd in legal proceeding relating to a water pollution offence.
• Salt processing, Western Australia – Adviser to Dampier Salt in relation to the preparation of the EMS legal review manual for the three salt processing sites in Western Australia.
•  Gold mining operations, Western Australia – Adviser to a gold mine operator regarding environmental law compliance reviews for various sites throughout Western Australia, Northern Territory and Queensland.
  

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.

The legal and commercial risks associated with remediation, criminal prosecution for pollution offences and being required to upgrade plant and equipment to comply with regulatory standards are of ever-increasing significance. This is borne out by recent evidence that environmental authorities in Australia are more willing to prosecute breaches of environmental laws than they were five years ago, and that Australian courts appear more willing than ever to impose higher penalties, including prison sentences, on environmental offenders.

Our team is intimately familiar with Australian environmental and pollution control legislation in all Australian states, territories and federally. Our advice is attuned to a client’s commercial imperatives, as well as the political, technical, and stakeholder relationship aspects of the client’s business or operations.