Environment and planning

Lander & Rogers' Environment and Planning Law team provides expert legal services across all facets of environmental regulation and land use planning. Specialising in advising clients on compliance with environmental laws and navigating the complexities of zonings and land use regulations to obtain necessary development consents, planning permits and associated approvals, we combine deep knowledge of statutory and regulatory frameworks with practical experience.

This expertise extends to representing clients in litigation in the Land and Environment Court of NSW and other jurisdictions, with significant experience acting in development appeals, land acquisition valuation and compensation claims, judicial review and civil enforcements and prosecutions of offences against planning or environment laws.

Committed to fostering sustainable practices, we assist both private and public sector clients in achieving their development goals while ensuring adherence to environmental standards and contributing to the protection and preservation of natural resources.

Our environment and planning services

Planning

Access advice on all aspects of planning law, including approval pathways, permissibility of development, interpretation of development consents and negotiations with consent authorities. This includes:

• advising on the interaction between the Environment Planning and Assessment Act 1979 (NSW), State Environmental Planning Policies, Local Environment Plans and Development Control Plans
• assisting with Review of Environmental Factors or Environmental Impact Statements for major projects prior to their submission
• negotiating voluntary planning agreements
• advising on certification requirements including construction certificates and occupation certificates
• advising on development control orders and fire safety orders issued by regulatory authorities.

Our team also has a depth of experience in acting for developers and consent authorities in appeals against refusals of development applications or third party objector appeals in Class 1 of the Land and Environment Court of NSW and in judicial review challenges to the validity of development consents or approvals in Class 4 of the Land and Environment Court of NSW.

Environment

With the risk of reputational damage, penalties, and prosecution, we can help clients understand how regulators might respond to a range of environmental issues. We help clients obtain Environment Protection Licences and regularly guide them through pollution incidents and regulatory investigations. We also assist clients to manage their obligations under the range of environmental legislation across Australian states and territories.

We have also acted for prosecution and defence in prosecutions of offences against environmental laws in Class 5 of the Land and Environment Court of NSW.

Land acquisition, valuation and compensation

Our team has acted on a significant number of negotiated and litigated compulsory acquisition and compensation claims under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW), both on behalf of acquiring authorities and dispossessed landowners. This experience includes acting in dozens of appeals in Class 3 of the Land and Environment Court of NSW and representing clients in the NSW Court of Appeal. We are regularly called upon to advise on process and procedure under the Just Terms Act and to give advice on complex issues such as whether an entity is the owner of an "interest in land" giving rise to an entitlement to compensation.

We have also acted for numerous owners of land affected by acquisitions under the Land and Compensation Act 1986 (Vic), helping to secure successful negotiated outcomes.

We also assist with objections where a person is dissatisfied with the Valuer General's determination for the valuation of land under the Valuation of Land Act 1916 (NSW).

Contaminated land

Our team can help identify environmental risks on land transactions and infrastructure projects and provide advice on risk mitigation and remediation of contaminated land.

We regularly act for parties looking to buy or sell contaminated land, assist owners to appropriately manage their obligations under the Contaminated Land Management Act 1997 (NSW) or the Environment Protection Act 2017 (Vic), advise on strategies of the investigation and remediation of contaminated land and advise on the planning and environmental approvals required to remediate or develop contaminated sites.

Drawing upon strong relationships with environmental consultants and site auditors, we assist clients to mitigate risk and maximise value.

Mining and resources

We bring deep knowledge to matters involving Exploration and Mining Leases, and advise on regulatory investigations and prosecutions. We also have significant experience acting for owners and operators of mines and quarries including in securing development approvals or permits and necessary licences, advising on compliance with conditions of approval, negotiating with neighbouring landowners and defending third party objector appeals.

Key industry sector focus

Real estate

We act for developers and landowners who are proponents of industrial, mixed use and residential projects. Our team has significant experience acting for major Australian developers throughout the development application process and throughout the life of the development.

Energy and resources

We act for proponents of major infrastructure projects to assist in the development application or project approval process, and in relation to any regulatory issues throughout the project lifecycle.

Government

Our team has a depth of experience working with local, State and Federal government agencies in relation to negotiated and compulsory land acquisitions, planning advice, prosecutions, heritage matters and Crown Land issues.

Waste

We act for proponents of waste projects on all aspects of the development process, as well as advise in relation to the use of Resource Recovery Orders and Exemptions.