Alex specialises in all aspects of environment and planning law, with particular experience in acting for property developers, proponents of resources projects, and public authorities. Over the past 10 years Alex has developed an expertise in litigation in the Land and Environment Court in merit appeals, judicial review, pollution offences and compulsory acquisition proceedings.
Experience
Alex advises across all areas of environment and planning law and has particular interest and expertise in acting for private developers of mixed use, residential or industrial developments, and proponents of projects in the mining and resources sectors. It is in these highly regulated industries that Alex's expertise assists in undertaking due diligence in relation to land/asset sales and purchases, navigating complex approval processes, resolving issues associated with conflicting land uses, resolving regulatory issues throughout the life of the project, and undertaking the rehabilitation of a project.
Alex also has significant experience acting for state and Commonwealth government authorities to assist them to understand processes and their obligations as project proponents, and (in the case of state government authorities) compulsorily acquiring land under the Land Acquisition (Just Terms Compensation) Act 1991.
Alex draws on more than a decade of experience advising on both the private and government sides of projects to achieve practical, timely and cost-effective outcomes for his clients.
His areas of expertise include:
- planning and property development law associated with development applications and development consents granted under the Environmental Planning and Assessment Act 1979
- pollution offences under the Protection of the Environment Operations Act 1997
- mining and resources law, including issues associated with mining leases and exploration licences under the Mining Act 1992
- heritage issues in relation to heritage assessments or interim heritage orders under the Heritage Act 1977
- biodiversity law under the Biodiversity Conservation Act 2016
- water law, at a state level under the Water Management Act 2000 and the Water Act 1912, and at a Commonwealth level under the Water Act 2007
- land clearing offences under the Local Land Services Act 2013
- compulsory acquisition and valuation, including acting for both landowners and acquiring authorities in relation to the compulsory acquisition processes in accordance with the Land Acquisition (Just Terms Compensation) Act 1991
- litigation concerning the above areas of expertise in the Land and Environment Court of NSW.
Career highlights
Alex's career highlights include:
- acting on behalf of private landowners/developers in numerous development appeals in the Land and Environment Court to obtain development consent which had been refused by the consent authority
- acting on behalf of a quarry operator in resisting an objector appeal under the Environmental Planning and Assessment Act 1997, to ensure that the development consent remained valid and the client could continue to operate its facility
- acting on behalf of the defendant in the second ever prosecution under the Radiation Control Act 1990
- acting on behalf of a Sydney resource recovery/waste company in relation to long-running, complex proceedings commenced by Council relating to alleged breaches of its development consent and trespass
- acting on behalf of a multinational mining company in relation to various aspects of its Hunter Valley operations
- acting on behalf of a quarry operator in negotiating an agreement with an Aboriginal Land Council in relation to a non-claimant application under the Native Title Act 1993
- advising a Commonwealth government authority on its obligations as a proponent under Part 5 of the Environmental Planning and Assessment Act 1979
- acting on behalf of a multinational mining company in relation to various aspects of its mining operations in Wollongong, including advising on rehabilitation obligations and future land use
- acting on behalf of a Sydney-based resource recovery/waste company in relation to an application to the Supreme Court (subsequently transferred to the Land and Environment Court) under s88K of the Conveyancing Act 1919 seeking an easement, and a subsequent appeal to the Court of Appeal
- acting on behalf of a quarry operator to reach a compensation agreement with neighbouring landowners, which subsequently assisted in the granting of development consent
- acting on behalf of TfNSW in relation to the acquisition of land for various projects, including Westconnex, Bega Bypass, Coffs Harbour Bypass, including defending appeals in relation to compensation to the Land and Environment Court
- acting on behalf of TfNSW as the prosecutor in relation to water pollution offences in Pittwater, NSW.