Environmental law
Our environmental lawyers provide advice to private clients and corporations on planning and environment matters, water access rights, resource management, contaminated land, pollution incidents, environmental prosecutions and regulatory proceedings. Stacks can help you find a path through any obstacles while ensuring that your business or development remains compliant with environmental and planning laws.
Development and land use
Development at the local, regional, or state level often has significant impacts on the local environment. Federal and state legislation requires these impacts to be properly assessed before your development is approved, and in the instance that those impacts cannot be overcome, they must be properly monitored and managed.
The regulation of what can and cannot be done when developing land has become more complex. We work closely with our trusted environmental, engineering and town planning consultants to guide you to the best use of your land in many different scenarios.
- Subdividing or developing land – from small-scale local government approvals through to regional and state significant development
- Developer contributions
- Dealing with and transporting contaminated land and materials
- Managing greenhouse gas emissions during project construction and operation phases
- Undertaking works near sensitive environmental receivers
Stacks Law Firm can offer timely and cost-effective advice and assistance for any property development matter, limiting the risk of non-compliance and avoiding costly construction delays.
Our experienced team of lawyers can be involved at any stage of the planning and development process to help guide you through the local, regional and state regimes for all kinds of residential, industrial and commercial developments.
Water law
Our climate is becoming more extreme – from long-term droughts to out-of-season bushfires and unprecedented flood events. It is important to manage our natural resources wisely to protect them for future generations and keep our towns and communities liveable.
Managing our water resources is a critical part of that process. We can help you to understand your rights and entitlements to take, use and manage water, whether you are a landowner, tenant, agribusiness, or a commercial client in an urban or regional location.
Stacks Law Firm can advise you on a full range of water-related matters.
- Constructing dams and weirs
- Repairing and installing flood control devices
- Buying and selling of Water Access Licences (WALs)
- Applying for, modifying, and maintaining WALs
- Obtaining water approvals
- Assignment of WAL share components
- Share trading
- Compliance
Our lawyers can advise on what can and cannot be done on your land, your neighbouring land, or in the local environment. We understand that many interrelated matters can arise in this technical and specialised area of law, and we are here to help you understand and carry out your obligations under the laws and regulations.
Litigation
Regulatory bodies like the Environmental Protection Authority (EPA), the Natural Resources Access Regulator (NRAR), and state and local governments (and their agencies) work closely with developers and landholders to protect the environment. However, federal and state environmental laws, regulations and policies are complex and constantly evolving - often resulting in people unknowingly breaching the law.
Taking simple steps like conducting regular environmental audits, being proactive when a breach does occur and getting timely legal advice can help you successfully defend or resolve a compliance matter, often without the need for costly court proceedings.
Local Court
Local Court proceedings should not be taken lightly. It is important to understand your rights, know when you can be compelled to give evidence and be aware of the penalties that may follow if you refuse.
You can be prosecuted in the Local Court for many different matters concerning your home, your land, or the surrounding environment. Our team has experience in prosecuting and defending the full spectrum of matters which can arise.
- Dangerous dog declarations
- Recreational and commercial fishing matters
- Environmental harm
- Illegal dumping
- Unauthorised tree and vegetation clearing
- Illegal works
- Unapproved signage
- Non-compliant septic and wastewater systems
Our team can provide you with cost-effective legal advice to prosecute or defend environmental, planning and local government matters, either in court or via mediation or conciliation.
Land and Environment Court
The NSW Land and Environment Court hears appeals and cases relating to environmental, planning, mining and compulsory acquisition laws. The court also hears civil enforcement cases, criminal prosecutions (and criminal appeals) and civil claims.
Our lawyers have vast experience in complex environmental and planning litigation. However, we pride ourselves on our ability to keep our clients out of court and resolve their disputes quickly and cheaply through alternative dispute resolution, while limiting any adverse publicity.
Our team includes recognised legal specialists and environmental scientists alongside our technical consultants.
Stacks Law Firm can provide advice and representation to private and commercial clients on a wide range of environmental matters.
- Appeals against refused development
- Environmental prosecution for water theft, pollution incidents and other crimes
- Compulsory acquisition of land
- Environmental protection
- Mining
- Easements and property-related disputes
- Native title claims
- Tree disputes
- Valuation disputes
We also provide advice and guidance to concerned neighbours, resident action groups and environmental groups concerning unlawfully granted development approvals or the impacts of climate change on Australia’s native flora and fauna.
