Environment
We can help you with a diverse range of environmental matters, including environmental approvals, prosecutions, contaminated sites, pollution and land compensation matters.
Read moreEnvironmental approvals
We advise and assist our clients in obtaining all manner of environmental approvals. We have helped clients obtain clearing permits, water licences, works approvals and licences for prescribed premises. We can help clients to navigate through the Environmental Impact Assessment process for projects that may have a significant effect on the environment.
We have also advised clients on vegetation conservation notices, environmental protection notices, closure notices and prevention notices both at the negotiation stage and to mount challenges with the Appeals Convenor or Court.
Environmental prosecutions
We can represent you if are being investigated for or have been charged with a prosecution notice for an environmental offence. We have significant experience in representing clients working in the agriculture sector, who may have been charged with unlawfully clearing native vegetation or rare flora species. We regularly defend clients charged with pollution offences and non-compliance with environmental conditions on licences or approvals.
Waste and landfill
Whether you are a public authority, landowner or site operator, we can advise you on the approval pathways for waste projects, regulatory and compliance issues and environmental liabilities. We also have experience in advising on matters involving transportation and disposal of dangerous goods, hazardous materials and controlled waste.
Contaminated sites
We can help guide you through the complex legal and regulatory issues that arise in contaminated sites. This includes conducting due diligence on site selection, undertaking searches on the contaminated sites register and advising on the risks of developing a suspected or confirmed contaminated site. We have helped clients obtain damages and compensation in commercial disputes where their land has been contaminated by a third party and requires remediation.
Renewable energy and climate change
We can advise on the full spectrum of climate change policy issues and initiatives, as well as regulatory compliance. Our team is able to assist with facilitating renewable energy projects, responding to climate change issues arising in relation to development projects and advising land owners or project proponents on development and land access agreements.
Planning
We offer planning law advice and representation for development and subdivision approvals, compulsory land takings, injurious affection, development contribution plans, rezoning and planning scheme amendments.
Read moreDevelopment and subdivision approvals
We can assist developers and landowners with a variety of development, building, and subdivision approvals. We can also represent you in seeking review in the State Administrative Tribunal against decisions of the Western Australian Planning Commission, local governments, and Development Assessment Panels.
Similarly, we can act for you if you are seeking to become involved in planning decisions that affect your property rights. We have provided advice and representation to enable third parties to planning decisions to intervene or make submissions a legitimate interest is established.
Unreasonable conditions
We have assisted clients challenge conditions on development and subdivision approvals that are overly harsh, unreasonable or are not sufficiently related to the impacts created by the approval. We can provide assistance at the draft conditions stage or once the conditional approval has been granted by lodging review proceedings at the State Administrative Tribunal.
Development Contribution Plans
Our team understands the challenges that can be raised by development contribution plans and are well placed to help you negotiate fair contributions. We have assisted developers challenge the valuation appeals process, negotiate the scope of development contribution plans and provide advice on what might be unreasonable terms or demands.
Planning and building prosecutions
We can represent you if have been charged with committing unauthorised development, breaching planning conditions, unauthorised building work or non-compliance with building notices. We have advised clients on potential defences that may apply and on entering a plea in mitigation for sentencing. We can also advise you on the likely range of penalties that offences attract.
Rezoning, scheme amendments and structure plans
We understand developers’ business of unlocking the development potential in land. We can help you with advising and managing the process of complex scheme amendments, changes to local development plans and structure plans. We have a strong network of planners and experts that we can leverage off to help support your proposal and get you the outcome you are seeking.
We have also acted for clients challenging scheme amendments at the local government level, making submissions to the Western Australian Planning Commission and Minister for Planning and in the Supreme Court. We understand the political backdrop that is present in many significant planning proposals and help you to focus your efforts and resources to strive for the best possible planning outcome.
Land use conflict
We have represented clients in situations where a new development proposal in the locality threatens to create a conflict with an existing use by a landowner or business. We can advise you on your rights, possible legal avenues and alternative avenues to ensure your rights are not unduly impacted. We have helped clients achieve negotiated outcomes through creating a dialogue with stakeholders, ensured appropriate conditions are placed on new developments and made deputations at council meetings to inform decisions makers of clients’ impacts and concerns.
Heritage
We can advise you on the process involved in seeking the appropriate approvals and consents to commence works on buildings with heritage status or that have aspects of heritage value. We have also acted for clients seeking to prevent unauthorised building works on items of heritage value that form part of buildings.
Government
We help clients develop strategies to engage effectively with government at local, State and Federal levels.
Read more
Whether you are an individual, business or industry group, we can help you to prepare submissions to government on matters that affect your interests. We have prepared submissions to government for an industry organisation to protect critical industrial assets from encroaching sensitive development. We can help you prepare the form and content of correspondence with government agencies to effectively communicate your concerns and open a dialogue with key decision makers. We have had long experience in advising clients on major infrastructure agreements involving the State government, such as the acquisition of land for a railway station and agreements with the Government for the development of a railway and associated infrastructure. If you need access to information we have experience in preparing freedom of information applications to government agencies. Particularly in complex matters such as major State projects that are politically driven, we can assist you in rebutting the complicated arguments raised by government agencies to refuse disclosure of information. If you feel that a government body or Minister has made a decision that is unfair or unreasonable, we can advise you on whether you are able to challenge that decision in court proceedings. We have represented clients in court proceedings which have declared decisions invalid or had the effect of ensuring the decision is made again with the error corrected.Submissions
Advice
Major infrastructure agreements
Access to information
Challenging government decisions
Land Compensation
We advise and represent clients who are affected by public works that require the compulsory taking of land or cause injurious affection to land. We help clients obtain fair and just compensation through arbitration, court proceedings or alternative dispute resolution.
Read moreCompulsory taking
We can help you obtain fair and just compensation if you are affected by a compulsory taking of land by the government. We provide advice on complex land taking matters, guide you through the process and advise you on the evidence that you will need to obtain to make out your claim.
We can also advise you on the compensation you are entitled to if your business has been affected by a land taking or will have ongoing impacts as a result of the construction of a public work.
Identifying experienced and relevant experts such as valuers, planners and environmental consultants is vital to the strength of your claim. We have a strong network of experts that we work with to help support your claim.
Injurious affection
We have acted in major injurious affection arbitration and legal proceedings in Western Australia and are at the forefront of advising clients on the complex issues that arise due to reserves for public purposes.
We can assist you if all or part of your land is subject to a reservation for Bush Forever, a Planning Control Area, parks and recreation, public open space or any other reserve of land for a public purpose.
Waste and Recycling
We advise waste facility operators, developers and landowners on enforcement disputes regarding licencing of controlled and liquid waste, the characterisation of waste-derived materials, the applicability of the waste levy and whether materials received on a complex site were waste or a resource for recycling.
Read morePlanning Approvals and Environmental Approvals
We have advised and acted for clients in relation to the characterisation of operations and whether works approvals and licences are required under the Environmental Protection Act 1986 (EP Act). We have also acted for clients seeking to obtain planning approvals required under the Planning and Development Act 2005 and environmental approvals under the EP Act.
Submissions and advice
We have advised a variety of clients, including waste management operators, local government authorities and commercial developers in relation to the application of the waste levy and the risks of leasing a former landfill site for a waste depot facility. We have also prepared submissions on behalf of government authorities for waste papers issued for public consultation by state government agencies.
Prosecutions and enforcement disputes
We have acted for companies in enforcement proceedings brought under the EP Act. This includes representing companies in mediations as well as final hearings. Prosection matters which we have acted in related to the characterisation of materials and whether the waste levy was payable, alleged breaches of licence conditions, the issuing of Environmental Protection Notices and unauthorised disposal of waste in an emergency situation.
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Glen McLeod Legal
Level 8, London House
216 St Georges Terrace
Perth WA 6000
(08) 6460 5179
admin@glenmcleodlegal.com