Mark Brady
Clayton Utz
Partner
Sydney
Overview
Mark is an accomplished lawyer that specialises in environment, planning, water and government law. He has broad expertise in multiple disciplines including compulsory acquisition, planning, pollution and land contamination, litigation, water advice and transactions, due diligence, environmental assessment reviews, and more.
Notable Work
- Sydney Metro: acted on the acquisition of over 300 interests in land for the Sydney Metro West (including CBD) and Western Sydney Airport projects and provided pre-acquisition advice, drafted statutory documents and had carriage of a significant number of Class 3 appeals in the LEC.
- RMS/TfNSW: provided pre and post-acquisition advice on various land acquisitions (including substratum acquisitions) for the WestConnex and NorthConnex projects including providing advice on a complex partial strata complex acquisition which required Supreme Court orders to facilitate the acquisition and reorder unit entitlements.
- Class 3 appeals: was responsible for a significant number of Class 3 appeals in the LEC on the Pacific Highway Upgrade and Camden Valley Way Upgrade projects.
- Southern Sydney Freight Line: advised on environment, planning, land acquisition, and administrative law matters regarding the Southern Sydney Freight Line, a vital component of the national freight rail network.
- Major energy and resources organisations: advised on various environmental and planning matters, mining leases, rehabilitation requirements, pollution, and more.
- Origin Energy: worked on a significant and complex due diligence project in relation to the privatisation of electricity rights and assets by the NSW Government.
- WaterNSW: advised on property acquisitions for several water infrastructure projects, including pipeline projects.
- Western Sydney Airport: advised on significant aspects of the draft Environmental Impact Statement for the Western Sydney Airport project, including addressing biodiversity offset issues.
- RMS: acted on a Class 4 judicial review LEC proceedings commenced by a public interest group which unsuccessfully challenged the planning approval for the Windsor Bridge Replacement project.
- Government Department: led acquisitions of water entitlements in approximately 50 transactions across multiple states as part of the DSEWPaC Strategic Purchasing Initiative (now Department of Climate Change, Energy, the Environment, and Water).
Insights
For what purpose? Court of Appeal clarifies valuation approach for compulsory acquisitions
18 Dec 2024 | Article
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Quick fix for State significant development? New legislation responds to Court of Appeal case on enabling infrastructure
5 Dec 2024 | Article
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Assessing market value in compulsory acquisition: NSW Court of Appeal further clarifies the statutory disregard
19 Aug 2024 | Article
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New Federal EPA and Information Authority: with major changes imminent, here's what you need to know
4 Jun 2024 | Article
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Environment and Sustainable Development 5 Minute Fix 48: renewable energy and targets, social and affordable housing
2 May 2024 | Article
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Landmark decision confirms proper characterisation of public purpose of compulsory acquisitions in Western Sydney Aerotropolis
23 Apr 2024 | Article
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Environment and Sustainable Development 5 Minute Fix 47: asbestos, renewable energy, sea bed mining, environmental penalties
20 Mar 2024 | Article
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The statutory disregard, stamp duty and just compensation: the NSW Court of Appeal clarifies
20 Mar 2024 | Article
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Environment and Sustainable Development 5 Minute Fix 46: single-use plastic bans, biodiversity, biodiscovery, petroleum and greenhouse gas
5 Feb 2024 | Article
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Media release: Clayton Utz announces three new partner promotions
17 Jan 2024 | Media Release
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Pre-acquisition negotiations with minor interests: some good news from the Land and Environment Court
18 May 2023 | Article
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Radical changes to NSW planning and local government laws to help with COVID-19
25 Mar 2020 | Article
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