Artboard 1Icons/Ionic/Social/social-pinterest

Expertise

Breellen is a Partner within the Property and Projects team and specialises in environmental, development and planning and natural resources law.

Breellen advises both private and public sector clients across various industries on planning, environment and government matters and has worked both within and for government agencies in NSW and in the UK.

Breellen has particular expertise in providing practical, strategic legal advice on Federal and State planning and environmental approvals processes for major projects, including under the Environmental Planning and Assessment Act 1979 (NSW), the Environment Protection and Biodiversity Conservation Act 1999 (Cth). In addition, Breellen advises on waste regulation, contamination, environmental and reputational risk management and environmental regulation.

Breellen also handles litigious matters relating to development appeals, judicial review and environmental prosecutions in the Land and Environment Court.

Breellen is admitted as a solicitor in NSW and England and Wales. She also regularly presents seminars and authors articles on a range of topics including climate change, environmental compliance, pollution, contamination as well as legislative changes.

Breellen is also recognised in the 2020 edition of Doyles Guide as a recommended lawyer in Planning & Development Law for NSW. She has also been listed in the Best Lawyers in Australia 2021 edition for Planning and Environmental Law.

Experience

Breellen’s expertise includes: 

  • environmental risk management and compliance 
  • pollution and licensing, including enforcement and litigation 
  • waste, including licensing, levies and compliance issues 
  • biodiversity protection, including biobanking
  • native vegetation and natural resource management 
  • contaminated land management and remediation 
  • strategic planning and development advice 
  • environmental impact assessment 
  • planning agreements
  • heritage law 
  • land and Environment Court litigation 
  • planning and environmental due diligence 
  • climate change law and policy 
  • sustainability, including environmental upgrade agreements 
  • corporate social responsibility.

Publications

08 July 2020 - Knowledge

Court finds Council not entitled to costs following discontinuance of Class 1 appeal

#Planning, Environment & Sustainability

A recent decision of the NSW Land and Environment Court has confirmed that a Respondent Council is not entitled to recover its costs simply because an applicant discontinues its Class 1 appeal prior to final hearing.

17 April 2020 - Knowledge

Review of Environmental Protection and Biodiversity Conservation Act 1999 – a chance to refocus our national environmental laws

#Planning, Environment & Sustainability

The Environmental Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) is undergoing a ‘once in a decade’ review (Review).

08 April 2020 - Knowledge

Review of the EPBC Act – Indigenous knowledge and culture focus

#Planning, Environment & Sustainability

The Environmental Protection and Biodiversity Conservation Act (1999) is currently under review with submissions invited from stakeholders. This article summarises the issues raised in the review in relation to Indigenous culture and knowledge, which is highlighted as a key focus in the terms of reference for the review.

31 March 2020 - Knowledge

Land and Environment Court rejects application for easement over community land

#Planning, Environment & Sustainability

This article looks at a recent 88K easement case and clarifies critical questions regarding what is an easement at law, what is required to prove “reasonable necessity”, who bears the onus and how impacts on the land are to be assessed.

25 March 2020 - Knowledge

Inside track: Local Government

#Local Government

As the threat of COVID-19 continues to escalate, local governments across Australia have taken swift action to combat the virus, including recent legislative changes to elections and planning laws. In this article we examine some of those measures and other implications for Councils.

16 October 2019 - Knowledge

NSW Government Bulletin

#Government

02 October 2019 - Knowledge

Australia’s first National Freight and Supply Chain Strategy: Making all governments ‘freight aware’ (Part 3)

#Transport, Shipping & Logistics, #Planning, Environment & Sustainability

19 August 2019 - Knowledge

Do you need an Environmental Protection Licence with that?

#Planning, Environment & Sustainability

The Protection of the Environment Operations Act 1997 requires an Environmental Protection Licence for certain activities that are likely to impact on the environment or cause pollution.

22 March 2019 - Knowledge

NSW State Election promises: Planning, development and environment

#Planning, Environment & Sustainability

With the NSW State Election looming on Saturday the planning and development industries have raised questions about the promises from the major parties.

12 March 2019 - Knowledge

Concurrence and referrals: New step in powers for the Planning Secretary

#Planning, Environment & Sustainability

As part of the recent reforms to the Environmental Planning and Assessment Act, the Secretary of the Department of Planning and Environment was given new powers to seek to prevent delays to applications and resolve disputes between agencies for integrated development.

27 November 2018 - Knowledge

Tougher penalties for asbestos waste offences

#Planning, Environment & Sustainability

Asbestos dumpers will soon be hit with significantly increased fines following the passing of new laws last week. Under the measures, that clarify and strengthen the existing provisions, penalties for waste offences involving asbestos will jump from $250,000 to $500,000 for individuals and from $1 million to $2 million for corporations. We outline the key aspects of the new laws and the impetus behind them.

15 November 2018 - Knowledge

Preparing clause 4.6 requests to vary development standards: An applicant’s guide

#Planning, Environment & Sustainability

This article reflects on recent cases and provides a practical guide on how to prepare a clause 4.6 Request to vary development standards

19 September 2018 - Knowledge

Profiting from pollution: New measures aimed at recovering the proceeds of environmental crime

#Planning, Environment & Sustainability

This article looks at the recent guidelines published by the NSW Environment Protection Authority which explain how and when they will seek to recover monetary benefits from environmental offenders.

15 August 2018 - Knowledge

NSW EPA winds back compulsion powers and executive liability under the POEO Act

#Planning, Environment & Sustainability

This article looks at a recent case considering the ability of the EPA to issue notices to company directors and use this information in subsequent special executive liability prosecutions.

01 August 2018 - Knowledge

Making room for hipster development: Expanding retail development in industrial and rural zones

#Planning, Environment & Sustainability

This articles looks at the recent changes to the Standard Instrument LEP which expand the opportunities for retail development in otherwise prohibited industrial and rural zones.