Allens

Experience

Recent environment and planning experience includes:

Glennies Creek Coal Mine
Advised AMCI, the owner of the Glennies Creek Coal Mine in the NSW Hunter Valley, in relation to a complicated environmental dispute with an adjoining mine.

Burrup Peninsula and Dampier Archipelago National Heritage Listing
Advising Rio Tinto in relation to the proposed inclusion of Western Australia's Burrup Peninsula and Dampier Archipelago on the National Heritage List under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth).

Monash Energy project
Assisting Monash Energy in the early stages of developing its environmental assessment for both the demonstration and full scale plant to dry and gasify coal for conversion into transport fuels in the Latrobe Valley.

Sugarloaf interconnector project
Assisting Melbourne Water with planning and approval for this important water pipeline project, including advising on land access and acquisition processes, various options for obtaining fast-track planning and environmental approvals and advising on numerous other regulatory approvals required for the pipeline route.

Emu Downs, Wyalla and Nirranda wind farms
Advised on planning, environment and regulatory approvals (including approvals under the Commonwealth Environment Protection Biodiversity and Conservation Act), renewable energy credits under the MRET scheme, native title and cultural heritage, network connection and access, and supply arrangements for these three wind farms.

Sustainable Forest Management (SFM) carbon agreements
Developed flexible carbon rights agreements for SFM, an environment solutions company, to use with various single land owners and also with farming co-operatives for management of carbon bank arrangements. This matter was one of the first carbon sequestration deals in Victoria.

OneSteel
Advised OneSteel in relation to the environmental risks and liabilities associated with its acquisition of Smorgon Steel and immediate spin out of the transport and distribution business, including negotiating a detailed environmental clean-up and liability regime.

Tullamarine landfill
Acting for Transpacific Cleanaway on its EPA Works Approval and Town Planning Permit applications for upgrade works at its Tullamarine landfill including acting on injunction and declaration proceedings by community groups and appearing at the Panel hearing for the Ministerial assessment of the approvals.

Lake Bonney Wind Farm Project
Advised on compliance issues under the South Australian and Commonwealth planning and environmental regulations. Also provided advice on securing all-important credits under the Renewable Energy (Electricity) Act to ensure the viability of the project.

Cross City Tunnel
Advised the CrossCity Motorway consortium on the A$1 billion Cross City Tunnel project, the first road project developed under the NSW Government's PPP Guidelines. Allens Arthur Robinson advised on all environment and planning issues associated with the project, including air emission issues and pollution risk management, occupational health and safety issues arising out of fatality, approvals strategy, and provided advice on modifications to the project.

St Mary's redevelopment, western Sydney
Advised the Commonwealth/Lend Lease joint venture on the development of a 1,500-hectare former defence site as a new suburb. We provided advice on areas including environment and planning laws (specific to endangered flora) under the Environment Protection and Biodiversity Act, and on the Australian Heritage Commission Act.

Traveston and Wyaralong dams
Advising the Queensland Government and its wholly owned company Queensland Water Infrastructure in relation to environment and planning issues for these two dam projects. Allens work has included advise on the Environmental Impact Statement, for the development and delivery of the A$2.2 billion dams in south-east Queensland.

Gateway Upgrade Project
Advising the Department of Main Roads and Queensland Motorways on the $1.88 billion duplication of the Gateway Bridge and upgrade of the Gateway Motorway, Queensland's largest ever road and bridge project, in relation to the legality and impact of environmental conditions proposed as part of a significant project assessment and report.

Zinifex / Umicore joint venture
We advised Zinifex on the environmental aspects of the US$4 billion merger of its zinc and lead smelting and alloy businesses with those of Umicore. The assets were combined to create Nyrstar, the world's leading producer of zinc.

North Bank Development
Advised the Queensland Government in relation to the town planning issues and processes associated with the proposed A$1.7 billion development of Northbank in Brisbane.

Coal mine project approvals – greenhouse gas emissions litigation
Acting for Xstrata in litigation in the Queensland Land and Resources Tribunal and Queensland Court of Appeal in relation to a mining lease application which was challenged by the Queensland Conservation Council (QCC). The QCC sought the imposition of conditions requiring the mine operator to offset the greenhouse gas emissions caused by mining the coal as well as transporting and using the mined coal offshore.

Acting for global coal mining companies in litigation in the Federal Court of Australia defending a challenge by conservation groups to a coal mine on the basis of greenhouse gas emissions. The conservation groups challenged the validity of a decision made by the Federal Minister for the Environment in relation to the coal mine, by alleging a failure to consider the impacts of greenhouse gas emissions from the mining, transport and use of the coal.

Coal mine project approvals – global mining companies
Advising various mining clients in relation to five major project approval applications under Part 3A of the EP&A Act for new and expanded coal mines in the Hunter Valley. Advice was provided on all environmental aspects, including the adequacy of environmental assessments for public exhibition.

Allens is also advising a major mining company in relation to project assessment under the Queensland State Development and Public Works Organisation Act 1971 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 for a significant new coal mine and associated infrastructure for energy and water supply.