Regulatory, Environment & Planning
Environmental, planning and land acquisition advice and appeals for developers, councils and statutory authorities.
Regulatory, environment & planning with ConMoto Group
We act for Councils, Tasmanian State-Owned Corporations and corporate clients undertaking major projects or who operate within heavily regulated industries. We assist clients to obtain approvals to commence activities and to comply with regulatory requirements for the ongoing operation of activities.
Environmental & planning advice
Advice and assistance in relation to the statutory approvals, permits, licences, and obligations required under the Tasmanian resource management suite of legislation.
We provide advice and assistance to clients who require specific approvals under the Environmental Management Pollution Control Act, particularly in the aquaculture and mining industries.
We have particular expertise in the processes involved for the assessment of major projects pursuant to which multiple approvals are required across State and Commonwealth jurisdictions.
Environmental & planning disputes
We regularly act for developers and Councils in planning appeals under the Land Use Planning and Approvals Act 1993 in TasCat, planning scheme amendments or major project assessments in the Tasmanian Planning Commission and in appeals in the Supreme Court.
We provide advice and appear in matters involving biosecurity obligations and offences under the Living Marine Resources Management Act and the Biosecurity Act 2019.
Land acquisition and valuation disputes
We provide advice and assistance to acquiring authorities in relation to the process for the acquisition of land (including easements) under the Land Acquisition Act 1993 and with respect to the determination of disputed claims for compensation.
We also act for landowners in relation to disputed claims for compensation pursuant to the Land Acquisition Act and with respect to conservation covenants under the Nature Conservation Act 2002 imposed following refusal of forest practices plans.
Key projects
The following projects are representative of the regulatory, environment & planning work undertaken by our team.
Environmental & project disputes
- EnergyActing as lead external lawyer with respect to the North West Transmission Development Project which is being assessed as a major infrastructure project.
- EnergyActing as lead external lawyer in relation to the planning and environmental approvals required for the Tasmanian component of Marinus Link.
- AquacultureActing for Huon Aquaculture in proceedings in the Federal Court and the Supreme Court in relation to the regulation of Macquarie Harbour.
- GovernmentActing for Councils in relation to planning and enforcement work and advice.
- AquacultureActing for aquaculture farmers in a prosecution for biosecurity offences.
Land acquisition & valuation disputes
- PropertyActing for landowners in disputed compensation claims under the Land Acquisition Act 1993, including the main landowner in the Brighton Bypass and Transport Hub, and in Launceston City Council v Shepherd (2009) TASSC 71, one of the few Supreme Court proceedings on disputed compensation.
- EnergyEngaged to provide training to land agents on the legal framework for acquisitions and negotiation of these at the national Land Agent Training pilot program run by TasNetworks and the Australian Energy Infrastructure Commissioner in June 2023.
- EnvironmentActing for a number of land owners in compensation claims following refusal of forest practices plans and the imposition of conservation covenants (under the Nature Conservation Act 2002).
- EnergyActing in relation to the acquisition of easements for the North West Transmission Development Project.
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