Critical Insights into Contaminated Land: Mitigating Risks, Remediation Secrets and Legislative Reform

Imagine navigating a case involving land contamination and facing complex regulatory hurdles. No matter if you are an environmental and planning lawyer or a property or construction lawyer, you will be equipped with crucial insights on managing contamination risks, remediation strategies, and the latest regulatory updates. Enhance your expertise with practical advice to effectively handle contamination issues and confidently guide your clients.

Tuesday, 26 November 2024
Description

Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills

This program is based on NSW legislation

9.00am to 10.00am Managing Contamination in Property Transactions

 

  • What is contamination?
  • Examining liability
  • Contamination risks when acquiring land eg planning issues, redevelopment, remediation, liability  
  • Common tools to deal with risks
  • Undertaking due diligence
  • Site audit process

Presented by Breellen Warry, Partner, Maddocks; Best Lawyers Australia, Planning and Environmental Law, 2021 - 2022

11.00am to 11.15am Break
11.15am to 12.15pm Development Consent and Environmental Licencing Requirements for Contaminated Land Remediation Works

 

  • Overview of legislative framework
  • Overview of roles of EPA, consent authorities, contaminated land consultants and site auditors
  • How is potential and actual land contamination considered by a consent authority in the development application process?
  • What types of remediation works can be carried out with and without development consent?
  • What obligations apply for works that can be carried out without consent?
  • What conditions are commonly imposed under a development consent for remediation works?
  • When is an environmental licence required to carry out remediation works? 

Presented by Jennifer Hughes, Partner, Beatty Hughes & Associates; Recommended Lawyer in Doyle's Guide 2024 Leading Environment & Climate Change Lawyers

Chair:

Alice Spizzo, Director, Alice Spizzo Advisory

Professional Skills
10.00am to 11.00am Land Contamination Risk, Remediation and Fundamentals

 

  • Industry and contaminants to be aware of
  • When is remediation required?
  • Remediation hierarchy and cost benefit analyses
  • Can you risk away contamination?
  • Waste Classification - It's important to get it right
  • Challenges to purchasing and exiting a contaminated site
  • Site assessment and remediation case studies 

Presented by Dean Stafford, Principal Environmental Scientist, Reditus Consulting

12.15pm to 1.15pm Land Contamination in NSW: Updates and Considerations for Land Users

 

  • Overview of legislation
  • Changes introduced by Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 which came into force in April 2024
  • Notices under the Protection of the Environment Operations Act 1997 including clean up notices, prevention notices, prohibition notices, and the new preliminary investigation notices and recall notices
  • Case studies and recent updates 

Presented by Jessica Baldwin, Senior Associate, Hunt and Hunt Lawyers; Accredited Specialist in Planning and Environment Law

Presenters


Alice Spizzo, Director, Alice Spizzo Advisory
Alice Spizzo specialises in Planning & Environmental Law. Alice has extensive experience in government and the development industry as a lawyer, executive and senior ministerial advisor including Chief-of-Staff and Executive Director responsible for policy and legislative reform. Alice Chairs the NSW Women’s Housing Company, a Community Housing Provider of housing and homelessness services for women. Alice is a Board Director of the Homes Tasmania Authority established by the Tasmanian Government to provide and manage housing in Tasmania and the Metropolitan Memorial Parks in NSW, responsible for the management of several cemeteries in NSW. She is also a NSW Government member of the Sydney East Regional Planning Panel.


Dean Stafford, Principal Environmental Scientist, Reditus Consulting
Dean is a founder & director of Reditus and has over 20 years of experience working in the contaminated land industry. Dean has completed numerous site investigations as well as the design, installation, maintenance and monitoring of site remediation systems. Dean has successfully and cost effectively remediated complex contaminated soil, groundwater and soil vapour at a wide range of industrial, commercial and residential sites, including development and government sites involving solvents, hydrocarbons, heavy metals, asbestos and PFAS.


Jennifer Hughes, Partner, Beatty Hughes & Associates
Jennifer has over 20 years’ experience in environment and planning law, assisting industry, developers and government to manage environment incidents and on-going compliance, obtain development consents and environmental licences and acquire and divest industrial and contaminated land. Jennifer is widely recognised as a leading advisor to the waste industry due to her in-depth understanding of issues unique to that sector. Jennifer was a partner at Baker & McKenzie before joining the firm. She is ranked in several directories as a leading environmental lawyer.


Jessica Baldwin, Senior Associate, Hunt and Hunt Lawyers
Jessica is an Accredited Specialist in Planning and Environment Law. Jessica was awarded the Lawyers Weekly 30 Under 30 Winner award in 2022 for the Native Title, Planning and Environment category. Jessica provides both advice and litigation support to private clients, land users, and NSW Government agencies on a variety of issues across the planning and environment space, predominately in the Land & Environment Court. Jessica assists clients with environment and planning law matters, including specific issues regarding land use, development, contamination, waste and circular economy, vegetation and biodiversity offsetting, fire regulation and bush fire planning, flood zoning and planning, heritage conservation, existing use rights, as well as sustainability and climate change. Jessica has a sound understanding of the NSW planning legislation and environmental planning instruments, including post-determination certificates, and the extensive planning pathways for private and Crown developments.


Breellen Warry, Partner, Maddocks
With over 18 years’ experience, Breellen specialises in all areas of planning and environmental law. Breellen advises local and State Government clients, in addition to a range of private sector clients, including within the development industry, waste and education sectors. As well as working in private practice in Sydney and London, she has worked as an inhouse counsel for a number of government agencies in NSW and in the UK, as well as being seconded to NSW Government agencies. Breellen also has a particular interest in waste regulation, contamination, biodiversity conservation, climate change, environmental markets, pollution and heritage matters. Breellen has been recognised in the Doyle's Guide as a Leading Planning & Development Lawyer – New South Wales since 2020 and in the 2021 and 2022 Editions of Best Lawyers for Planning and Environmental Law. She is recommended by the Legal 500 Asia Pacific (2023) Guide for her work in Native Title.

WEB2411N21

Critical Insights into Contaminated Land: Mitigating Risks, Remediation Secrets and Legislative Reform

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Single Session
Tuesday, 26 November 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
Online 20240916 20241126

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