Environmental

We represent and advise clients on their legal and moral responsibilities in complying with environmental laws and regulations.

Environmental

We represent and advise clients on their legal and moral responsibilities in complying with environmental laws and regulations.

Environmental

Messenger Cole represents and advises clients on their legal and moral responsibilities in complying with environmental laws and regulations, including environmental impact, land use, water rights and pollution control in the design, development and construction process.

Engaging in development and construction activities without a grasp of environmental laws can lead to hefty fines, remediation orders, and even imprisonment.

Recent Land and Environment Court rulings reaffirm that individuals, including directors and managers, can face criminal charges, underscoring the importance of seeking proper advice to prevent prosecution.

Neglecting legal duties and environmental standards risks damaging business reputation and facing consequences from courts, regulators, and the community.

Tom Messenger is a Law Society accredited specialist in environment law and is well versed in the key issues clients face in managing their compliance with environmental laws and regulations.

We regularly advise on investigation processes, responses to requests for information and risk management procedures regarding potential environmental impacts and offences.

We have successfully represented clients as solicitor advocates in disputes, enforcement and prosecution matters in the Local Court, Land and Environment Court and Supreme Court (as well as NCAT/Administrative Tribunal) in both Greater Sydney and in central-west regional NSW.

  • All aspects of compliance in environmental legislation and regulations, and guidance on the active steps and reporting required at all stages of project delivery.
  • Complex interpretation of relevant legislation such as the Protection of the Environment Operations Act 1997 (POEO Act), Contaminated Land Management Act 1997 and Biodiversity Conservation Act 2016.
  • Due diligence on potential environmental impacts  applicable restrictions on development to avoid contravention of the legislation involving air, noise, odour and water pollution, unlawful clearing of trees and vegetation, land contamination, habitat conservation, cultural heritage protection, bushfire risk, sustainability and waste disposal practices (particularly before settlement of property transactions).
  • Review of strategic risk management policies and procedures to mitigate environmental impacts, liability for clean-up costs / remediation works and legal exposure in result (such as criminal liability for an offence and other penalties, fines and fees applicable).
  • Negotiations with regulatory authorities such as Local Councils, Environmental Protection Authority (EPA) and WaterNSW regarding environmental events, investigations and responses to clean-up/prevention and prohibition notices.
  • Review and/or drafting of planning permits, approvals, licences and bio-banking / biodiversity agreements and requirements.
  • Representation in Court proceedings regarding disputes over alleged breaches of environmental laws, or judicial review applications involving challenging development consents or environmental protection licences.

Accredited Specialists

Tom is an accredited specialist in planning and environment law, while John is a certified practising town planner as well as a solicitor.

40+ Years Experience

In acting for both Councils and private clients/developers, we are uniquely positioned to provide advice that is based on a thorough understanding of both sides.

Expansive Network

We maintain strong relationships with an expansive network of experts across many disciplines and barristers who are willing to support our clients further on short notice.

Overview

Messenger Cole represents and advises clients on their legal and moral responsibilities in complying with environmental laws and regulations, including environmental impact, land use, water rights and pollution control in the design, development and construction process.

Benefits

Engaging in development and construction activities without a grasp of environmental laws can lead to hefty fines, remediation orders, and even imprisonment.

Recent Land and Environment Court rulings reaffirm that individuals, including directors and managers, can face criminal charges, underscoring the importance of seeking proper advice to prevent prosecution.

Neglecting legal duties and environmental standards risks damaging business reputation and facing consequences from courts, regulators, and the community.

Our Environmental Services

  • All aspects of compliance in environmental legislation and regulations, and guidance on the active steps and reporting required at all stages of project delivery. 
  • Complex interpretation of relevant legislation such as the Protection of the Environment Operations Act 1997 (POEO Act), Contaminated Land Management Act 1997 and Biodiversity Conservation Act 2016.
  • Due diligence on potential environmental impacts  applicable restrictions on development to avoid contravention of the legislation involving air, noise, odour and water pollution, unlawful clearing of trees and vegetation, land contamination, habitat conservation, cultural heritage protection, bushfire risk, sustainability and waste disposal practices (particularly before settlement of property transactions).
  • Review of strategic risk management policies and procedures to mitigate environmental impacts, liability for clean-up costs / remediation works and legal exposure in result (such as criminal liability for an offence and other penalties, fines and fees applicable).
  • Negotiations with regulatory authorities such as Local Councils, Environmental Protection Authority (EPA) and WaterNSW regarding environmental events, investigations and responses to clean-up/prevention and prohibition notices.
  • Review and/or drafting of planning permits, approvals, licences and bio-banking / biodiversity agreements and requirements.
  • Representation in Court proceedings regarding disputes over alleged breaches of environmental laws, or judicial review applications involving challenging development consents or environmental protection licences. 

The partner for you

Messenger Cole represents and advises clients on their legal and moral responsibilities in complying with environmental laws and regulations, including environmental impact, land use, water rights and pollution control in the design, development and construction process.