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David Harley

LLB (Hons), BA

Partner - Brisbane

Areas of Expertise

Construction, Infrastructure & Projects, Government, Transport, Shipping & Logistics, Renewable Energy

Contact David

+61 7 3135 0560 david.harley@holdingredlich.com Connect

Expertise

David is a projects lawyer who specialises in the development and operation of projects in the transport, energy, utilities, mining, hospitality and entertainment, waste and infrastructure sectors for both owners and contractors. He has major project experience internationally and in-house, having undertaken long-term secondments in the energy, mining and transport sectors.

David’s sector experience comprises transport (port, rail and airports), energy (renewables), utilities (district cooling, gas and water), mining (coal and iron ore), hospitality and entertainment (integrated resorts and casino) and waste (EfW).

Through his commercial approach and easy to work with attitude, he continues to be recognised by his peers and industry bodies. Recently accolades include being recognised in Best Lawyers 2016 - 2020 in construction and infrastructure and in 2024 for project finance and development practice. Also by IFLR1000 as a “Notable Practitioner” for Project Development in construction and materials, energy and transport (2020). He has also been listed in Legal 500 as a 'Recommended lawyer" in Construction and Energy (Transactions and Regulatory).

Experience

David’s experience includes:

Energy

  • advising SUEZ as O&M contractor and waste supplier on its participation in the East Rockingham Energy from Waste Project. This was only the second EfW project in Australia to reach financial close
  • advising a leading waste sector company on the development of energy from waste projects
  • advising a renewables fund on the drafting and negotiation of EPC and O&M contracts for a rooftop solar project in three jurisdictions
  • advising the Australian Renewable Energy Agency (ARENA) on various projects, including the $92m competitive funding round for Large Scale Solar; funding agreements for FCAS trials and testing the commercial viability of delivering decentralised, high-penetration power to regional towns; and the Coober Pedy Diesel Hybrid (Solar PV and Wind) Project.

Transport

  • advising Transport for New South Wales (TfNSW) on the Regional Rail Project for the design, build, finance and maintenance of three regional fleets, a new purpose-built maintenance facility in Dubbo and ongoing fleet maintenance for the first 15 years. David advised on network access interfaces in several jurisdictions and due diligence on subcontract flow-down from the project agreement to the delivery and maintenance subcontractors; he also assisted in the drafting of the project deed and closing
  • drafting of bespoke rail and port access frameworks and review of standard access agreements in connection with proposed access regimes for major participants in the port and rail sector
  • advising the Government of the Democratic Republic of Timor-Leste (Ministry of Finance) and World Bank in a peer review role on the concession agreement for the Tibar Bay Port Concession
  • advising Abu Dhabi Airport Company on various major development and O&M contracts, including construction of a new terminal building, an integrated logistics hub, an aerospace cluster and baggage handling systems.

Utilities and property developments

  • advising the sponsors of the multi-billion dollar Queen’s Wharf Brisbane integrated resort project comprising casino, hotels, repurposed heritage buildings, restaurants and bars, residential towers, pedestrian bridge and significant public realm facilities. As lead partner, his role included advising on:
    • consortium arrangements and project bid
    • project documents with the Queensland State Government
    • construction contracts (demolition, early works, excavation)
    • development management agreements
    • project interface agreement
  • advising government-owned developer Nakheel in Dubai on various project-financed concessions for district cooling, gas, wastewater and potable water.

Mining and resources

  • advising Batchfire Resources on the procurement of mobile mining fleet, long-term maintenance and repair contracts (MARC) and various works agreements
  • advising Mitsubishi Developments on the Oakajee Port & Rail Project, a multi-billion dollar proposed project for the development of a greenfield integrated rail and port supply chain for the haulage and handling of magnetite iron ore
  •  advising a leading iron ore producer on port and rail capacity arrangements, including drafting of take or pay contracts for haulage, unloading, stockpiling and loading of iron ore
  • advising a leading coal producer on mine development contracts for a greenfield thermal coal mine.

Procurement

  • advising the Government of the Democratic Republic of Timor-Leste (Ministry of Finance) on a new public procurement law, including drafting of the law and regulations and preparing associated template procurement tender and contract documents
  • drafting and training on template procurement contract suites for various clients.

Publications

10 August 2022 - Knowledge

Driving ESG: The Australian perspective

#Environmental, Social and Governance (ESG), #Planning, Environment & Sustainability, #Renewable Energy

ESG is a prominent feature in the Australian landscape and of increasing significance for government, business and the broader community. In this article, we examine some of the major drivers behind this trend.

10 August 2022 - Knowledge

Climate change risk reporting – what can we expect?

#Planning, Environment & Sustainability, #Renewable Energy, #Superannuation, Funds Management & Financial Services

Australian companies currently do not need to report on their climate-related financial risks. With a growing appetite among investors, what can companies expect to see if Australia introduces mandatory sustainability reporting requirements?

17 November 2021 - Knowledge

Can Australia transition to a low-carbon economy?

#Renewable Energy, #Environmental, Social and Governance (ESG), #Planning, Environment & Sustainability

A recent panel discussion highlights the opportunities, challenges and the role of environmental, social and corporate governance (ESG) in driving Australia’s transition to a green economy.

10 November 2021 - Knowledge

Ports and the rise of hydrogen: Challenges and opportunities for Australia

#Renewable Energy, #Transport, Shipping & Logistics

Following a recent panel discussion on the rise of hydrogen as the fuel of the future, we discuss whether Australia can develop a hydrogen market and the key ingredients it needs to succeed.

03 November 2021 - Knowledge

Net zero by 2050 – does this matter for renewables?

#Renewable Energy, #Environmental, Social and Governance (ESG), #Construction, Infrastructure & Projects, #Planning, Environment & Sustainability

Australia’s Long Term Emissions Reduction Plan sets a ‘net zero emissions by 2050’ emission target. Is this a game-changer for the renewables sector?

24 August 2021 - Knowledge

The Partnership opportunity for increasing social and affordable housing in Australia

#Construction, Infrastructure & Projects, #Property, Planning & Development, #Environmental, Social and Governance (ESG)

Housing developments that provide both solid long-term returns and positive social outcomes, often through public-private partnerships, are an idea whose time has come throughout Australia.

14 July 2021 - Knowledge

Inside track: Local Government

#Local Government

The City of Sydney has announced an Australia-first plan to include energy targets in development applications to make new buildings more energy-efficient and to meet its net-zero emissions target by 2035.

13 July 2021 - Knowledge

Road to net-zero by 2035: Energy targets in Sydney’s new developments

#Renewable Energy, #Planning, Environment & Sustainability, #Local Government

The City of Sydney has announced an Australia-first plan to include energy targets in development applications to make new buildings more energy-efficient and to meet its net-zero emissions target by 2035.

13 July 2021 - Knowledge

Federal Government’s proposed ARENA regulations voted down by the Senate

#Renewable Energy, #Government

The Senate has voted down the Government’s bid to expand the Australian Renewable Energy Agency’s (ARENA) ability to fund carbon capture and energy storage projects and non-renewable energy projects.

Upcoming Seminars

30 May 23

Recent developments in privacy, cyber security and AI | Queensland Government lawyer series 2023

In this webinar, we will look at key developments in these areas, including: recent data breach cases and trends, reviews of Queensland and Commonwealth privacy legislation, the rise of Chat GPT, AI tools, and key risks and cyber security developments.

Register now

31 May 23

IBAC and the Victorian Ombudsman | Victorian Local Government Series 2023

IBAC and the Victorian Ombudsman have investigated a number of complaints in relation to Victorian local councils and produced a series of reports. In this presentation, partner Joseph Monaghan, will provide a basic overview of IBAC and the Victorian Ombudsman, their respective roles and functions under their establishing legislation and an overview of recent IBAC and Ombudsman investigation reports involving local councils.

Register now

05 Jun 23

Emergencies, flooding and legal liability | Victorian Local Government Series 2023

The recent extreme flood events raise a series of legal issues including the liability of local councils for decisions that expose residents and businesses to greater risk from flooding events, and remedial steps to address past decision-making. In this webinar, partner Joseph Monaghan and lawyer Jacob Atkinson will discuss these topics.

Register now

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