Our Expertise is as follows:

Environment and
Climate Change UPDATED

Beatty Hughes & Associates advises on the application of environmental laws to some of Australia’s more significant industrial, agricultural and land development sites.

Environmental laws generally involve the prohibition of certain activities that may cause environmental harm and then the establishment of an administrative scheme under which consents, licences or permits are granted to permit such activities under specified conditions.

Increasingly, environmental laws also require corporations to report on their environmental impacts of their activities and to consider and report on climate change risk.

We provide practical and strategic advice on the application of all environmental laws, including on compliance, enforcement and prosecution, obtaining consents, licences and permits and managing environmental and climate change risks.

How we can assist

Advising on environmental compliance issues.

Assisting in investigations (both internal and by regulators) following alleged pollution and other environmental incidents.

Responding to clean up notices, prevention notices, prohibition notices and contaminated land management orders.

Advising on all the application of all waste laws (see our experience on waste law here).

Responding to show cause notices and penalty infringement notices.

Acting for defendants in criminal pollution prosecution proceedings.

Challenging amendments made to environmental licences by the EPA in Court.

Providing environmental and legal compliance due diligence.

Advising on the application of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Advising on the investigation and remediation of contaminated land as well negotiating the sale and purchase of contaminated sites.

Drafting and negotiating environmental agreements.

Advising on the use, transport and regulation of industrial and hazardous chemicals.

Our recent experience in Environment and Climate Change

Environment Protection Authority v John Michelin & Son Pty Ltd [2019] NSWLEC 88 – acting for defendant in sentencing hearing for offence of pollution of waters.

Negotiating the terms of an Enforceable Undertaking with the NSW EPA on behalf of an industrial and hazardous waste company following a fire and other incidents.

Acting for an objector to a number of coal mining projects in the Hunter Valley, including drafting submissions, appearing at IPC hearings/meetings and in proceedings in the LEC and NSWCA regarding joinder of third parties.

Refalo v Camden Council [2021] NSWLEC 1485 – Successful application for proponent in Class 1 appeal seeking consent for intensive plant agriculture.

Reulie Land Co Pty Limited v Lee Environmental Planning Pty Limited and Ors [2019] NSWLEC 194 – Successful challenge to validity of development consent on the basis that consent authority failed to take into account relevant considerations and filed to renotify an amended development application.

Carrying out a highly confidential investigation in relation to potential breaches of environmental law by the Australian arm of a multi-national company, including advising on potential obligations to notify regulators.