Ian Motti
Clayton Utz
Special Counsel
Brisbane
Overview
Ian is a highly experienced specialist with an acute understanding of local, State and Commonwealth planning and environmental law.
He advises on approvals strategies for delivery of major projects including environmental impact assessments. Complementing this is his work for clients on the provision and delivery of land use development including contaminated land issues, environmental offsets, infrastructure charges and agreements, regulatory compliance and incident management.
Ian brings his specialist knowledge of planning and environmental law to provide commercially focused and pragmatic outcomes. He has worked in both private practice and the public sector during a period in the United Kingdom, giving Ian an in-depth understanding of government drivers and the unique nature of government processes.
Notable Work
- Brisbane City Council – Howard Smith Wharves: Ian advised the Council on tidal work development approvals required for proposed ferry terminal and commercial pontoon.
- Screen Queensland: Ian advised Screen Queensland on the planning requirements for the establishment of the Screen Queensland Studios at Hemmant.
- Stadiums Queensland: Ian advised on planning issues relating to the use and development of various stadiums; this included drafting relevant contract provisions.
- Stockland: Ian advised on environmental obligations and risk management relating to the ongoing assessment of commercial contaminated land and advice on the approvals strategy for proposed redevelopment. He also advised on planning scheme amendments required for master planned community.
- CS Energy: Ian advised on environmental compliance issues relating to:
- Callide Ash Dam B seepage;
- Water management at Kogan Creek Power Station and approvals for Kogan Creek Mine Crossing.
- Department of Transport and Main Roads: Ian advised on the regulatory options available to the Department to deliver and implement master plans for State managed boat harbours across Queensland. His work included advising on the operation of exemptions for reconfiguring land under the Planning Act 2016 and Planning Regulation 2017 and the application of those exemptions to different development scenarios regularly encountered by the Department.
- Brisbane Airport Corporation (BAC): Ian advised on developments in and around the airport and management of environmental risks with airport operations, including management and liability for PFAS contamination. As a secondee, he advised and managed an emerging contamination matter.
- Queensland Airports Limited: Ian advised Gold Coast Airports Pty Limited on notification obligations relating to pollution and contamination matters under Commonwealth, Queensland and New South Wales legislation with a focus on PFAS.
- Cairns Airport Pty Limited: Ian advised Cairns Airport on notification and management obligations under Queensland legislation in relation environmental risks from contamination including PFAS.
- Ian has provided extensive advice and representation to Optus and NBN in the development of telecommunications facilities throughout Queensland. He has successfully represented both Optus and NBN in a number of Planning & Environment Court Appeals to negotiate an approval where each development application had originally been refused. Ian has also provided advice to NBN on planning and environmental issues during its site selection process.
- Department of Transport and Main Roads - Toowoomba Bypass: Advised on the environmental approvals strategy, assessment and risk allocation for environmental issues for the Toowoomba Bypass (previously known as Toowoomba Second Range Crossing). Our advice included identifying mechanisms for dealing with required alignment changes affecting the Commonwealth EPBC Act approval, and dealing with various construction issues as they arose. Ian has also provided specific advice on heritage and noise issues which arose during the delivery phase of the project.
- Townsville Ring Road Section 4:Advised on offset obligations and negotiating and drafting two agreements for the Department of Transport and Main Roads to secure the environmental offset required for the Townsville Ring Road Project under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) approval.
- Cross River Rail Delivery Authority - Cross River Rail: Advised on the environmental assessment requirements for the proposed alignment, the approvals strategy, and environmental aspects of the procurement for the TSD and RIS works for the Cross River Rail Project. Ian has advised on the Cross River Rail Delivery Authority Act and key issues including heritage, application of local laws and control of roads.
- Building Queensland - Beerburrum to Nambour Upgrade: Advising Building Queensland on the development of the business case for the proposed upgrade of existing rail infrastructure between Beerburrum and Nambour.
- Brisbane City Council - Brisbane Metro: Advised on environment and planning approvals required for the Brisbane Metro Project.
- Australian Rail Track Corporation (ARTC) - Inland Rail:Advises on the environmental approvals strategy and environmental assessments for the Inland Rail Program, including advice on key issues for environmental assessments, risk allocation and both Federal and State approvals issues.
- Seqwater: Advised on planning and environmental approvals pathways for construction of the Warwick Water Pipeline. Advised on notification and management obligations under Queensland legislation for historical contamination.
- Urban Utilities (UU):Advised UU on various aspects of their operations, including the regulatory regime under which they operate, alternative disposal methodologies, infrastructure charging and agreements, approvals for connections to infrastructure and land and planning issues for delivery of new infrastructure.
- Department of Regional Development, Manufacturing and Water – Gladstone to Fitzroy Pipeline - Stage 2: Advised on the development of the detailed business case for the Gladstone-Fitzroy Pipeline Project Stage 2 including alternative options for the development. Also advised on the applicable legislative frameworks and approvals strategy for environment and planning approvals including amendments under State and Federal environment and planning legislation.
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