Specialist Environment & Planning Lawyers Capability statement January 2020

Key Contacts: Darren Bick, Director: D +61 8005 1624 | M +61 416 167 556 | E [email protected] Marcus Steele, Director: D +61 8005 1976 | M +61 418 243 315 | E [email protected] Who we are ▪ We are a specialist Environment and Planning (E&P) law firm based in Sydney and Coffs Harbour, Australia. ▪ We are experienced litigators and regularly conduct specialist E&P litigation in the Land and Environment Court. ▪ We have extensive experience advising clients on some of Australia’s most complex and high-profile projects across several sectors including waste, energy, resources, infrastructure and urban development projects. ▪ We assist clients on a broad range of E&P law issues by adopting a strategic, commercial and practical approach. ▪ Our Senior Lawyers have previously held senior legal positions at ‘top tier’ global law firms.

Marcus Steele Darren Bick Natasha Nadj Director Director Associate Director

+61 2 8005 1976 +61 2 8005 1624 +61 2 8005 0120 +61 418 243 315 +61 416 167 556 +61 407 700 323 [email protected] [email protected] [email protected]

BICKSTEELE.COM.AU /1 Capability

▪ Waste ▪ Land & Environment Court litigation ▪ Contaminated land ➢ Specialist advice and representation in relation to the assessment and ➢ Conducting merit appeals (Class 1) ➢ Acquisition (due diligence) approval of waste facilities (including development of planning approval ➢ Compulsory acquisition ➢ Redevelopment (approval pathway and representation in the compensation appeals (Class 3) pathways and management of Land and Environment Court). regulated sites) ➢ Advice and representation in ➢ Legal challenges to approvals and ▪ Environmental law relation to environmental, licensing civil enforcement (Class 4) and regulatory compliance issues. ➢ Environmental offences ➢ Environmental due diligence in ➢ Defending environmental relation to the acquisition or sale of prosecutions Class 5). ➢ waste assets. Licensing ▪ Due diligence ➢ Conducting litigating and ➢ Biodiversity arbitrations in relation to disputes under waste contracts. ➢ Due diligence on key E&P matters (including native title) for greenfield ➢ Heritage ▪ Strategic planning advice and brownfield development projects. ▪ Regulatory compliance ➢ Developing planning approval pathways for major projects and ➢ Drafting standalone reports or advising on NSW and ➢ Compliance issues with contributing to reports prepared by approvals Commonwealth assessment and other legal and technical experts. approval processes. ➢ Environmental incidents

BICKSTEELE.COM.AU /2 Credentials A small selection of the projects our Senior Lawyers have advised on is set out below. Many additional credentials can be supplied.

Waste E&P Litigation

Suez: strategic planning advice regarding the proposed expansion of Healius: Class 1 (Merit Appeal) proceedings in relation to a purpose build medical the Elizabeth Drive Landfill. centre at Brookvale, NSW. Waste Assets Management Corporation: Federal Court proceedings Cleanaway: Class 1 (Merit Appeal) proceedings in relation to proposed relating to alleged supply of asbestos-containing organic material to a composting facility. mining site. Bingo Industries: specialist environment and planning advice and due Carter Holt Harvey: Class 1 (Merit Appeal) proceedings in relation to a diligence in relation to a number of acquisitions including Dial a development it opposed on land adjoining its manufacturing facility at Oberon, Dump. NSW Clean & Green Organics: advice and representation in relation to QIC Limited: Class 1 (Merit Appeal) proceedings in relation to its shopping centre licencing and regulatory issues. at Blacktown. Handybin Waste Services (Coffs Harbour): commercial arbitrations AGL Energy: Class 4 (Judicial Review) proceedings challenging validity its Part 3A relating to disputes under various collection contracts with local Planning Approval for a coal seam gas project. councils. Malosi Group: advice and representation in relation to a dispute with BHP: Federal Court proceedings relating to EPBC Act approval for Olympic Dam the EPA concerning waste levy issues. Coal Mine. Biomass Solutions: advice on contractual issues and issues relating to Goldwind: Class 4 (Judicial Review) proceedings in relation to a decision of the the revocation of a resource recovery exemption and order. PAC (now the Independent Planning Commission) to refuse application to modify Part 3A Project Approval for Gullen Range . Global Renewables: administrative law advice in relation to decisions Luna Park (Brookfield): Class 4 (Judicial Review) challenging refusal of a private made by the NSW EPA and strategic advice on revocation of Mixed certifier to issue construction, and Class 1 (Merit Appeal) re lighting issues. Waste Organic Outputs order and exemption. Continued next page … BICKSTEELE.COM.AU /3 Regulatory Investigations / Enforcement (Class 5) Contamination

AGL Energy: prosecutions by the Department of Planning and Barangaroo Delivery Authority: significant contamination issues Environment (DPE) concerning the disclosure of reportable political associated with a former gasworks facility. donations. & : regulatory Orica Australia: contamination issues at its legacy site in Botany. investigations by DPE in relation to alleged disturbance of Aboriginal objects. Sydney Trains: regulatory investigation by EPA into alleged water Lendlease: waste and contamination issues at a development site. pollution offence and breach of EPL conditions. Asciano Group: regulatory investigations and environmental and Greenland Group: contamination issues associated with the safety prosecutions in relation to a number of environmental redevelopment of a former contaminated site at Leichhardt. incidents. Visy Paper: advising in relation to a water pollution incident at its Toga Group: management and redevelopment of contaminated sites at Smithfield site in NSW. Kensington and Surry Hills. TfNSW: advising on a number of environmental incidents and EPA TfNSW: contamination issues identified during development works at investigations involving major rail infrastructure projects. several train stations. Resources clients: advising numerous major resource companies in Health Infrastructure: contamination issues identified at several hospital relation to environmental incidents and alleged breaches of planning redevelopment sites. approval, mining lease, and EPL conditions.

Continued next page … BICKSTEELE.COM.AU /4 Renewable Energy Major Infrastructure

Goldwind Australia: on planning approvals and regulatory Health Infrastructure: redevelopments of Westmead, Randwick, enforcement issues in relation to the , Blacktown, Gosford and Maitland Hospitals including development , White Rock Solar, Gullen Range Solar consents, planning proposals, contamination, Native Title and Farm, Coppabella Wind Farm and Cattle Hill Wind Farm. heritage.

AGL Energy: strategic planning advice involving obtaining and Moorebank Intermodal Company: Moorebank Intermodal Terminal complying with all planning, environment and regulatory Project including SSD consent, planning proposal, Native Title, approvals in relation to the Nyngan Solar Plant, the Broken Hill compulsory acquisition and ecological issues. Solar Plant (both part of the Commonwealth Solar Flagships Program) and the .

FRV: regulatory enforcement issues concerning the Moree Solar RMS: major road upgrade projects (Pacific Highway, Princes Highway Farm & Royalla Solar Farm. etc) including Part 3A, SSD and Part 5 approvals, heritage, ecological and Native Title issues and planning appeals.

Infigen Energy: compliance issues relating to the Bodangora Wind TfNSW and Sydney Trains: major rail upgrade projects including Farm and planning advice regarding the Bogan River Solar Farm. regulatory investigations and prosecutions, upgrades of heritage listed train stations and contamination issues.

UPC Renewables: planning approval, Native Title and Aboriginal Education Infrastructure: redevelopment of Killara High School, Ku- land rights issues the New England Solar Farm and the New ring-gai High School and St Ives North Primary School including England Pumped Hydro Project. planning approval issues.

Continued next page … BICKSTEELE.COM.AU /5 Compulsory Acquisition Matters Urban Development

Australian Capital Equity / WesTrac: Acting for ACE (Landowner) and Macquarie Group Limited: Metro Martin Place Over Station WesTrac (Lessee) in relation to part compulsory acquisition by RMS of major Development including re SSD and CSSI approvals, planning proposal, urban development site at Holroyd. heritage floor space.

Parramatta City Council: Acting for Council in relation to compulsory Lendlease: Circular Quay & Barangaroo developments including acquisition by TfNSW of part of public road in Parramatta CBD for Railway development consent, planning proposal, VPA, contamination issues, Station Upgrade Project. heritage floor space and regulatory investigations.

Health Infrastructure NSW: Acting for Health Infrastructure NSW in relation QIC: Castle Towers and Blacktown Shopping Centres including to multiple acquisitions carried out for purposes of upgrade of Blacktown, development consents, VPAs, planning proposals and related litigation. Gosford and Price of Wales Hospitals.

RMS: Acting for RMS in relation to multiple acquisitions carried out for Greenland Group: Bathurst St and Leichhardt developments including purposes of various stages of Pacific Highway upgrade project. development consent, VPA, heritage floor space and contamination issues.

Catholic Metropolitan Cemeteries Trust: Advising on proposed compulsory Catholic Metropolitan Cemeteries Trust: Advising on complex planning, acquisition of land for purposes of major cemetery development at heritage, and compulsory acquisition issues arising with respect to Varroville. major cemetery development at Varroville.

Department of Education: Acting for various landowners in relation to The Star: Advising on major redevelopment of The Star at Pyrmont acquisitions for purposes of new school developments. including Part 3A and SSD approval processes.

BICKSTEELE.COM.AU /6 Darren Bick, Director CV

OVERVIEW October 2009 to July 2018 Darren is a specialist environment and planning lawyer who adopts a Senior Associate | Herbert Smith Freehills strategic and commercial approach to environment and planning issues. Senior lawyer in the Sydney Environment & Planning Team at Herbert Smith Freehills. He advises clients on all aspects of environment and planning law including developing and implementing planning approval pathways for August 2006 to October 2009 major projects, the redevelopment, management and remediation of Lawyer | Clayton Utz contaminated land, environmental approvals and offences, heritage, biodiversity and waste issues. Lawyer in the Sydney Environment & Planning and Disputes Teams at Clayton Utz. Darren is an experienced litigator having acted for clients in the Land and Environment Court of NSW (Classes 1, 2, 3, 4, 5 and 6), the Supreme QUALIFICATIONS Court of NSW and the Federal Court of Australia. • Juris Doctor (JD) | University of Technology, Sydney • Bachelor of Business | University of Technology, Sydney Darren has worked across several sectors including urban development, infrastructure, renewable energy, oil and gas, manufacturing and waste. ADMISSIONS • Supreme Court of NSW • High Court of Australia PROFESSIONAL EXPERIENCE

August 2018 to Current Director | Bick & Steele Principal lawyer at Bick & Steele, a boutique firm specialising in environment & planning law.

BICKSTEELE.COM.AU /7 Marcus Steele, Director CV OVERVIEW Marcus is a specialist environment and planning lawyer with extensive November 2008 to October 2012 experience acting for private and public sector clients in relation a wide Senior Associate | Ashurst variety of infrastructure and urban development projects. Senior lawyer in the Sydney Environment & Planning Team at Ashurst. Marcus advises clients on the procurement and modification of land use February 2006 to October 2008 and environmental approvals; environmental assessment processes; Lawyer | NSW Crown Solicitor’s Office statutory land acquisition; local government powers; planning Lawyer in the NSW Crown Solicitor’s Office Administrative Law Team. agreements; water licensing; and the procurement and renewal of mining titles. January to December 2004 Tipstaff to Justice Bell He is a very experienced litigator having acted for clients in litigation in Acting as Tipstaff to Justice Bell (now a High Court judge) at the Supreme the NSW Land and Environment Court (Classes 1, 3, 4 & 5), NSW Court of NSW. Supreme Court, Federal Court of Australia and the NSW Civil and Administrative Tribunal. QUALIFICATIONS • Bachelor of Laws (First Class Honours) | Sydney University PROFESSIONAL EXPERIENCE • Master of Arts (Psychology) | Sydney University August 2017 to Current • Bachelor of Economics (Social Sciences) | Sydney University Director | Bick & Steele ADMISSIONS Principal lawyer at Bick & Steele, a boutique firm specialising in • environment and planning law. Supreme Court of NSW • High Court of Australia November 2012 to June 2017 Senior Associate | Herbert Smith Freehills Senior lawyer in the Sydney Environment & Planning Team at Herbert Smith Freehills.

BICKSTEELE.COM.AU /8 Natasha Nadj, Associate Director CV

OVERVIEW June 2018 to November 2019 Natasha is a highly experienced litigator and expert environment and Special Counsel | Fishburn Watson O’Brien planning lawyer. Senior lawyer in the Environment & Planning Team at Fishburn, Watson, O’Brien (Coffs Harbour). Natasha has over 15 years’ experience specialising in environment and planning law. She developed her expertise while working for 10 years at March 2015 to April 2017 “Top Tier” law firms Herbert Smith Freehills and Clayton Utz where she Team Leader | Royal Commission into Institutional Responses conducted a range of environmental and planning litigation and advised to Child Sexual Abuse clients on compulsory acquisition and issues relating to contamination Senior lawyer responsible for investigating and preparing cases for of land and urban development. hearing.

Natasha’s advisory and strategic work in the area of environment and April 2010 to January 2015 planning law is diverse. She has recently acted for a number of Senior Associate |Herbert Smith Freehills companies and individuals seeking to develop land where the Senior lawyer in the Sydney Environment & Planning Team at Herbert development is subject to complex constraints including in relation to Smith Freehills. biodiversity and cultural heritage, loss of views, and risks relating to November 2005 to March 2010 bush fire prone land. Senior Associate |Clayton Utz Natasha is an experienced litigator having acted for clients in Senior lawyer in the Sydney Environment & Planning Team at Herbert environment and planning law disputes in the NSW Land and Smith Freehills. Environment Court, NSW Supreme Court, Federal Court of Australia, the NSW Civil and Administrative Tribunal and the High Court of Australia. QUALIFICATIONS • Bachelor of Arts | Australian National University PROFESSIONAL EXPERIENCE • Bachelor of Laws| Australian National University November 2019 to Current ADMISSIONS Associate Director | Bick & Steele • Supreme Court of NSW Principal lawyer at Bick & Steele (running the Coffs Harbour Office), a • Supreme Court of ACT boutique firm specialising in environment and planning law. • High Court of Australia

BICKSTEELE.COM.AU /9 Bick & Steele Pty Limited ABN: 98 618 795 305 Suite 5.05, Lawson Place, 165-167 Phillip Street Sydney NSW 2000 Australia GPO Box 306 Sydney 2001 +61 2 8005 1411