Overview
In recent times, Australia has experienced some of its driest weather conditions for more than 100 years. As water storage levels continue to fall, public and government attention has turned to the management of our growing demand for water and the deteriorating quality of our rivers and ground water.
Increasingly, Australian governments are recognising the harmful environmental effects of our past water and agricultural policies and are seeking to adopt strategies that will promote the efficient and ecologically sustainable management of Australia’s water resources.
Our knowledge of the industry goes beyond an awareness of water policy initiatives, regulatory arrangements and legislation. Through a long history of working with key water industry participants, we fully understand the commercial, economic and social environment in which they operate and the issues that affect the industry.
We provide a comprehensive range of commercially-focused legal solutions to the water industry, including:
- water infrastructure project development and delivery
- regulatory advice
- infrastructure project finance and structuring
- assessing and managing planning and environmental issues
- risk exposure and risk management
- dispute resolution
- native title and aboriginal heritage advice
- land access.
Experience
We have assisted clients on numerous projects in the water industry; ranging from industry reform and restructure projects to major infrastructure development projects, such as seawater desalination and recycling facilities, water treatment plants, water supply networks, irrigation schemes and dams.
Policy, legislative frameworks and reform
Examples of our experience includes:
- Living Murray Initiative – Adviser to the Commonwealth, New South Wales, South Australian, Victorian and the Australian Capital Territory Governments in relation to funding agreements for investment in water recovery projects.
- National Water Initiative – Adviser to the Victorian Government in relation to the negotiation of an agreement with the National Water Commission for funding activities that assist implementation of the National Water Initiative.
- Southern Hydro Privatisation - Adviser to the Victorian Government on restructuring Southern Hydro, the operator of five Victorian Hydro-schemes, prior to its privatisation.
- Western Australian water industry restructure - Adviser to the Western Australian Government’s Water Industry Implementation Group on the restructure of the water industry in Western Australia.
- Harvey Water Trade, Western Australia – Adviser to the Water Corporation of Western Australia in relation to its first trade of a water entitlement under the Rights in Water and Irrigation Act 1914 (WA).
- Implementation of the ‘pooled’ bulk entitlement for Melbourne’s retailers – Adviser to the Victorian Government in relation to the restructure of Melbourne’s bulk entitlements to water to be held by the three retail water businesses.
- Corporatisation of Snowy Hydro Limited – Adviser to the Victorian Government on water licence issues, catchment management, the leasing of environmentally-sensitive land and the leasing of dams.
- Sri Lanka regulation of water sector – International legal adviser to the Asian Development Bank on the development of regulations and guidelines to regulate the water sector in Sri Lanka.
Water treatment, recycling and desalination
Examples of our experience includes:
- Tuas Seawater Desalination Plant, Singapore – Adviser to Fichtner Consulting / Public Utilities Board of Singapore in regard to the first ever seawater desalination plant in Singapore.
- Perth Seawater Desalination Plant, Western Australia – Adviser to the Water Corporation of Western Australia on the development of the first metropolitan desalinated water facility in Perth.
- Camellia Recycled Water Scheme PPP, New South Wales – Adviser to Alinta, on their successful bid to Sydney Water Corporation for this project, involving the construction and operation of a recycled water plant to further treat treated effluent to a very high quality for industrial and irrigation uses, and construction and operation of associated pipeline infrastructure to distribute the recycled water.
- Southern Seawater Desalination Plant, Western Australia – Adviser to the Water Corporation of Western Australia.
- Desalination and seawater projects, Burrup Peninsular, Western Australia – Adviser to the Water Corporation of Western Australia in relation to the development of a multi-user sea water facility and project-specific desalination facilities.
- Industrial Effluent Treatment Plant, Abu Dhabi, UAE – Adviser on project structuring, risk-allocation, and prepared and negotiated all documentation.
- Changi NEWater Plant, Singapore – Adviser to Public Utilities Board of Singapore on the largest NEWater Plant to be constructed in Singapore, with a capacity of 50 million gallons of NEWater per day.
- Ulu Pandan NEWater Project, Singapore – Adviser to Public Utilities Board of Singapore in relation to the design, build, own and operate public private partnership for this project.
- Victorian Desalination plant - Adviser to a consortium bidding for this desalination public private partnership project.
- Prospect Water Filtration Plant, New South Wales – Adviser to the operator of the largest water filtration plant in the southern hemisphere.
- Bendigo, Castlemaine, Kyneton, Taradale and Elphinstone water treatment plants, Victoria – Adviser to Australian Water Services on their BOOT bid for water treatment plants and related infrastructure.
- Water treatment plants and related infrastructure for Ballarat, Creswick and Ballan region in Victoria – Adviser to Australian Water Services on its BOOT bid. Also adviser to Bechtel on their BOOT bid.
- Woodman Point Wastewater Treatment Plant amplification project, Western Australia – Adviser to the Water Corporation of Western Australia in relation to A$140 million alliance based Engineering Procurement and Construction contract.
- Echuca and Rochester waste water treatment plants, Victoria – Adviser to Earth Tech Engineering Pty Ltd on their successful bid to build, own and operate waste water treatment plants and to manage a reuse water system.
- Supernatant and Prospect filtration plants, New South Wales – Adviser to the Prospect Water Partnership on the construction, financing and operation of the supernatant filtration plant constructed at the Prospect Water Filtration Plant.
Water supply, irrigation and other infrastructure
Examples of our experience includes:
- Rubicon Channel automation / TCC Pilot – Adviser to the Victorian Government on a pilot feasibility study.
- Engaged by the Western Australia Government to prepare a report into aspects of the law relating to irrigated agriculture in Western Australia. The report included identifying constraints and weaknesses within legislation and policy framework (including in relation to security of entitlement and trading) and recommendations to mitigate or remove those weaknesses.
- Macalister Irrigation District, Channel Automation Project – Adviser to the Victorian Government on funding and implementation.
- Southern Regional Water Pipeline, Queensland – Adviser to Sunwater in respect of its bid for the operations and maintenance contract for the Southern Regional Water pipeline linking the water storages in Brisbane and Gold Coast.
- Western Australian Irrigation Privatisation – Adviser to the Water Corporation of Western Australia on the privatisation of the South West Irrigation Scheme and subsequently on the privatisation of the Preston Valley, Carnarvon and Ord Stage 1 irrigation schemes.
- Ballarat Water Supply System – Adviser to the Victorian Government on the funding and implementation of the augmentation of the Ballarat Urban Water Supply System.
- Report: An effective system for defining property titles – Adviser (in conjunction with ACIL Tasman) to Land and Water Australia and the Australian Government Department of Agriculture, Fisheries and Forestry to develop a workable system of water property titles in Australia.
- Harvey Dam project, Western Australia – Adviser to the Water Corporation of Western Australia in relation to land acquisition and construction issues.
- Warragamba Dam auxiliary spillway project, New South Wales – Adviser to Sydney Water, including advice to the board on various issues such as risk exposure, planning and environmental issues.
- Perth North and South Region water supply network, Western Australia – Adviser to the Water Corporation of Western Australia on the outsourcing of operation and maintenance services.
- Bulk water and waste water assets, Western Australia – Adviser to the Water Corporation of Western Australia on the outsourcing of mechanical and electrical maintenance services for bulk water and waste water assets.
Working with you
A key strength of our water practice is our multidisciplinary approach. We provide clients with a complete legal service for all aspects of water projects, from the formative stages through to the development and operational phases.
Our depth of experience enables us to assemble teams of lawyers across a range of practice areas to work on major projects at national and international levels.