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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.

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

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.

10 July 2018 - Knowledge

Biodiversity conservation reforms – a closer look at biodiversity stewardship agreements

#Planning, Environment & Sustainability

The biodiversity conservation reforms introduced sweeping changes to the NSW planning system and have significantly altered the way in which biodiversity is assessed, managed and offset.

10 May 2018 - Knowledge

Getting ahead of the pack: the case for an expedited hearing

#Planning, Environment & Sustainability

This article looks at the recent decisions of the Court in TC (Tallwoods) Pty Ltd v Liverpool City Council [2018] NSWLEC 48 (Tallwoods) and TC (Tallwoods) Pty Ltd v Liverpool City Council (No 2) [2018] NSWLEC 60 (Tallwoods No 2).

09 May 2018 - Knowledge

Holding Redlich’s expert guide to the 2018 federal budget

#Corporate & Commercial Law

Our experts analyse the key budget announcements and outline the essential takeaways for business in areas including transport, superannuation & financial services, construction & infrastructure, property, technology, media & communications, workplace relations, immigration, planning & environment, and taxation.