Planning and environment
Crown Law’s planning and environment practice offers clients at all levels across government a broad range of legal services including advising on requirements under State and Commonwealth legislation, representing government agencies in various courts and advising on planning and environment issues.
Our experience in this area of law includes advising and representing clients on:
- the roles of agencies in the development approval processes under the Sustainable Planning Act 2009
- development approval processes under a broad range of other State and Commonwealth legislation
- the inter-relationship between legislation administered by various agencies and the Sustainable Planning Act 2009
- injunctive relief relating to land use matters and development offences
- the compulsory acquisition of land under the Acquisition of Land Act 1967, State Development and Public Works Organisation Act 1971 and Transport Planning and Coordination Act 1994
- the assessment of compensation payable for the compulsory acquisition of land
- the legislative requirements for development undertaken on behalf of the State
- state powers under the Sustainable Planning Act 2009 including ministerial call-in powers and direction powers
- drafting and interpretation of State and local planning instruments under the Sustainable Planning Act 2009, including state planning policies, regional plans and state planning and regulatory provisions
- amendments to planning legislation, including amendments to the Sustainable Planning Act 2009
- validity of conditions imposed by state agencies in relation to development approvals
- community infrastructure designation processes
- aspects of the Queensland Heritage Act 1994 and Environmental Protection Act 1994
- powers under the Transport Infrastructure Act 1994 including powers in relation to state-controlled roads, busways, light rail and miscellaneous transport and infrastructure
- water allocations and entitlements under the Water Act 2000.
Our planning and environment lawyers represent departments, agencies and State Ministers in courts and tribunals including the Planning and Environment Court, Land Court, Supreme Court, Court of Appeal and the High Court of Australia.
- Advising on planning and land use approval requirements for a range of major projects, either carried out or regulated by the State, including:
- airports
- roads
- busways
- Local Government tollways
- standard gauge rail
- light rail
- ports
- pipelines
- facilities for the Commonwealth Games
- resources projects
- mixed use developments incorporating tourism, residential and commercial uses.
- Advising on ministerial powers under a range of planning and land use legislation, including:
- the power to issue ministerial directions under the Sustainable Planning Act 2009 and the Integrated Planning Act 1997
- the power to call in and decide development applications under the Sustainable Planning Act 2009 and the Integrated Planning Act 1997
- designation of land for community infrastructure under the Sustainable Planning Act 2009 and the Integrated Planning Act 1997
- declaration of priority development areas under the Economic Development Act 2012 and the making of interim land use plans and development schemes for priority development areas.
- Advising on the requirements of the Environmental Protection Act 1994 and the Environmental Offsets Act 2014 in relation to a range of activities and projects.
- Negotiating, drafting and reviewing infrastructure agreements for a range of clients.
- Advising on various aspects of the Local Government Act 2009 including the application of local laws.
- Advising on the amendments to a range of legislation, including:
- the Sustainable Planning Act 2009 andState planning instruments made under that Act
- the Planning Act 2016
- the Economic Development Act 2012
- the Transport Infrastructure Act 1994
- the Transport Planning and Coordination Act 1994
- heritage legislation.
- Advising on the compulsory acquisition of land for a range of projects, and represented the State and statutory bodies in relation to, claims for compensation for the compulsory acquisition of land.
- Advising on State Development and Public Works Organisation Act 1971 (SDPWO) including:
- planning requirements for major infrastructure projects including significant projects under the SDPWO
- Coordinator-General’s intervention powers under the SDPWO and SPA
- state development areas, including drafting and interpreting development schemes
- the environmental impact study process under the SDPWO, including reviewing evaluation reports.