Damien Gardiner
Clayton Utz
Partner
Melbourne
Overview
Damien Gardiner focuses upon environmental, planning, native title and land acquisition work, but also has experience with complex occupational health and safety matters.
Since 2000, Damien's been advising on all aspects of environmental, planning and native title work, including major transport and mining infrastructure projects, transactional work, environmental, planning and native title due diligence, and general strategic advice. His clients come from a wide range of sectors, including energy and resources, water, mining, infrastructure, utilities, manufacturing, transport, local government, ports and airports.
Damien also has expertise in advising on the management of contaminated land, environmental impact assessment and liability for non-compliance with legislative requirements.
His native title practice focuses on significant native title matters, ranging from mining and infrastructure projects through to native title claims. In addition, Damien advises on the compulsory acquisition of land, telecommunications, mineral resources and development law and general commercial contracts.
Notable Work
- EnergyAustralia: Damien acted for EnergyAustralia in relation to the Gunai-Kurnai native title claim, which incorporated the Yallourn mine and power station site. Work on this matter included appearing in native title settlement mediations and negotiating amendments to the proposed native title consent determination on behalf of EnergyAustralia, and advising more generally on the risks and issues from EnergyAustralia's perspective arising from the native title claim.
- CityLink-Tulla Widening Project: Damien is acting for the Victorian Government in relation to all planning and environmental matters relevant to the project, advising on the planning assessment and approvals pathway, land acquisition, access and tenure, contamination and stakeholder management. Damien is the lead legal adviser in relation to the Ministerial planning scheme amendment being obtained for the project, and on land access, planning and environmental issues more generally.
- East-West Link: Damien advised the Linking Melbourne Authority on the planning and environmental impact assessment and approvals processes relevant to the proposed East-West Link project, including advising on planning and environmental impact assessment and approvals pathways, and land acquisition and tenure issues.
- Peninsula Link: Damien acted for the Linking Melbourne Authority in relation to various issues arising under the permit issued in relation to the Peninsula Link project under the Environment Protection and Biodiversity Conservation Act 1999 relating to the management of the Southern Brown Bandicoot, including advising in relation to amendments to the EPBC Act permit and ongoing liaison with the Commonwealth Department of Sustainability, Environment, Water, Population and Communities and Victorian Government agencies.
- NBN Co: Damien is acting for NBN Co in relation to its statutory land access arrangements, and in relation to its land and facilities access arrangements under the Telecommunications Act 1997. This includes providing legal and strategic advice in relation to preferred land access arrangements in the context of complex deployment scenarios, and advising on contractual risk allocation in relation to such issues. Damien also acted for NBN Co in relation to numerous planning matters and tribunal appeals for wireless tower sites in Victoria and Tasmania, including providing strategic and litigation advice and appearing for NBN Co in relation to a contested planning matter in the Victorian Civil and Administrative Tribunal.
- Ravenhall Prison: Damien acted for the Department of Justice in relation to the Ravenhall Prison PPP project, including in relation to site contamination risks and issues, risk allocation, procurement and engagement of specialist environmental and UXO contractors and other specialist advisors. Damien also acted for the NBN Co in relation to numerous planning matters and tribunal appeals for wireless tower sites in Victoria, South Australia and Tasmania, including providing strategic and litigation advice and appearing for NBN Co in relation to a contested planning matter in the Victorian Civil and Administrative Tribunal.
- Victorian Desalination Plant: Damien acted for the finance syndicate in relation to the Victorian desalination plant, advising on environmental, planning, land tenure and native title risks in the context of the bid and negotiation phases.
- EnergyAustralia: Damien acted for EnergyAustralia in relation to the Environment Protection and Biodiversity Conservation Act issues relevant to the proposed clearance of approximately 500 significant trees, including advising on the legal and strategic issues relevant to the approach being adopted by the Commonwealth and the relationship between State and Commonwealth native vegetation clearance requirements.
- EnergyAustralia: Damien acted for EnergyAustralia in relation to the Yallourn mine collapse and La Trobe River breach, advising on land tenure issues and environmental approvals. Also providing strategic advice in relation to the initial emergency response, and on-going advice in relation to various inquiries, investigations and land acquisition matters.
- Terminals Pty Ltd: Damien is acting for Terminals in relation to various projects, including a large petrochemical storage and handling facility in Adelaide, bitumen facilities in Sydney and Geelong and various service supply arrangements.
- Municipal Association of Victoria: Damien acted for the MAV and 77 Councils in relation to the 2009 Victorian Bushfires Royal Commission. Work included instructing in the Commission and advising on legal and strategic issues relevant to the matter, particularly in relation to the identification, establishment and designation of Neighbourhood Safer Places, and detailed advice on land use planning, roadside clearance and local government responsibilities.
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