Brendan Tobin

Partner

Qualifications: LLM, BCom/LLB

Industries

Practices

Brendan advises on all aspects of planning, environmental and resources law. He has acted for a range of clients (including renewable energy companies) on matters ranging from approvals for greenfield projects, approval requirements, and water entitlements, trading and licensing.

Having acted in ground mining matters, Brendan has specialised expertise in climate change litigation. Brendan’s practice covers energy and resources projects in both New South Wales and Queensland.

Brendan is also an experienced native title lawyer acting in respect to future act agreements, extinguishment reports, native title proceedings and Aboriginal cultural heritage requirements.

Experience

  • Advising clients of resource projects in both New South Wales and Queensland for applications for mining leases and environmental authorities.
  • Acting for Waratah Coal (part of the Mineralogy Group) on the Galilee Coal Project Queensland Land Court proceedings for a mining objection hearing. This included groundbreaking climate change litigation relating to the impact of climate change on the human rights of Queensland including sea level rise in the Torres Strait.
  • Acting for the holder of offtake agreements in relation to their financing of heavy metals mining projects.
  • Acting for the charter party of a floating LNG vessel in relatin to the long term berthing of the vessel for domestic NSW gas supplies.
  • Acting for owners and developers regarding biodiversity credit agreements.
  • Acting for various clients including port authorities in relation to contamination.
  • Acting for a quarry operator in relation to Class 4 enforcement Land and Environment proceedings brought by a local Government authority seeking to enforce planning laws against a quarry operator.
  • Drafting and negotiating a range of voluntary planning agreements for local and regional development.
  • Acting for a range of clients on various property matters including acquisition and sale, redevelopment and subdivision of properties.
  • Advising on a range of planning and environmental matters including seniors housing permissibility and biodiversity impacts.
  • Acting in Class 1 merits appeals in Land and Environment Court for a range of clients seeking planning approval for developments ranging from a $90 million subdivision through to local alterations and additions.
  • Advising on incident management and response to safety and environmental matters including responding to clean up notices and show cause notices.
  • Acting for defendants in environmental prosecutions by the NSW EPA.
  • Advising on matters relating to funding of growth State infrastructure contributions.
  • Advising clients on the requirements for controlled activity approvals under the Environment Protection and Biodiversity Act 1999 (Cth).

Awards and recognition

Best Lawyers in Australia 2017-2024
Recognised – Planning & Environment Law
The Legal 500 Asia Pacific 2022 - 2024
Recommended – Environment and planning

Professional Membership

  • Member, Law Society of NSW

Latest thinking

Environmental, Social and Governance | 13 Nov 2023

Directors face expanding ESG duties to consider and disclose nature-related risks

In the first of a series, we look at the duty for directors to consider nature-related risks and impacts of their company operations in carrying out their duties.