Experience

Experience in Queensland Environmental Law

Since 2006, Queensland barrister Michael Labone has advised and acted for clients in numerous environmental law cases throughout Queensland. Examples from each industry are set out below. 

Mining and quarrying

  • Advising a multi-national mining corporation in relation to alleged unauthorised development at its North Queensland mine and alleged contamination.
  • Advising and negotiating for a sand mining corporation in relation to alleged unauthorised extractive activities at its Queensland mine.
  • Advising and acting for a quarry operator in relation to charges of carrying out assessable development without a development permit at a Queensland quarry.
  • Advising and acting for the Queensland government in proceedings to enforce noise restrictions at a Queensland quarry.
  • Advising a Queensland mine in relation to allegations of causing environmental harm and failure to comply with licence conditions.
  • Advising the Queensland government on enforcement of approval conditions for tailings dams at a Queensland metal refinery.
  • Acting for a North Queensland quarry operator charged with breaches of development approval conditions causing contamination.
  • Advising and acting for a Queensland mine to appeal an Environmental Protection Order.
  • Advising and acting for the Queensland government in proceedings to obtain an Environmental Protection Order against Queensland mine for breaches of approval conditions.
  • Advising and acting for the Queensland government to obtain a restraint order in the Planning Environment Court controlling processing, storage and movement of mineral concentrate and dust emissions at a Queensland mine.
  • Advising an executive officer of a Queensland mine charged with failing to ensure the company complied with conditions of its environmental authority.
  • Advising a Queensland mine as to the scope of operations permitted by its Environmental Authority.
  • Advising and acting for the Queensland government in the prosecution of a quarrying company for failure to comply with a clean-up notice.
  • Advising and acting for the administrators of mining company charged with multiple environmental offences as executive officers of the mine.
  • Extensive experience in multiple cases involving dams, water management, and erosion and sediment control at Queensland mines and quarries.

Waste disposal and recycling

  • Acting for the Queensland government to obtain enforcement orders to control waste tyre storage.
  • Advising and acting for a waste disposal company charged with offences under the Environmental Protection (Waste Management) Regulation 2000.
  • Advising and acting for a waste company employee charged with offences of providing false or misleading information in waste transport documentation.
  • Advising and acting for the Queensland government in proceedings to control contaminants at a compost and soil conditioner manufacturing facility.
  • Advising and acting for the Queensland government in the prosecution of a waste company on charges of breaching development approval conditions, giving false information on waste tracking certificates, breach of an environmental protection order and related charges against two directors of the company.
  • Advising and acting for the Queensland government in issuing an environmental protection order to prevent unlawful transport and storage of regulated wastes.
  • Advising and acting for the Queensland government in enforcement proceedings against a Queensland council to prevent and/or to minimise sewage overflow from the council’s sewerage system.
  • Acting for a Queensland metal recovery business charged with unlawfully depositing a prescribed water contaminant.
  • Acting for a Queensland council in proceedings to obtain an enforcement order in relation to contamination of a motor vehicle salvage yard.
  • Advising and acting for the Queensland government in the prosecution of chemical manufacturing company and its executive officer on charges of contravening conditions of an Environmental Authority and wilfully causing serious environmental harm.
  • Acting for the Queensland government in the prosecution of a man for giving false information to an investigator about release of contaminants from an industrial site.
  • Advising and acting for the Queensland government in relation to illegal asbestos disposal.
  • Advising and acting for the Queensland government in proceedings to recover clean-up costs for removal of unlawfully stored waste.
  • Acting for a landholder in civil proceedings against a waste company for land contamination.

 Construction, development, land clearing and earthworks

  • Advising and acting for a Queensland contracting company and its directors charged with carrying out assessable development without a development permit, failure to comply with enforcement notices and other offences.
  • Advising and acting for a landlord property investor charged with multiple offences of contravening development approval conditions, unlawful use of premises, failure to comply with an enforcement notices and carrying out assessable development without a development permit at multiple properties.
  • Advising and acting for Queensland property developer charged with multiple offences relation to erosion and sediment control measures at a large residential subdivision development.
  • Advising the Queensland government regarding enforcement action in relation to a large infrastructure project.
  • Advising a Queensland contractor as to carrying out development on port authority controlled land.
  • Acting for building contractor charged with failing to comply with an enforcement notice.
  • Advising and acting for the Queensland government in the prosecution of a head contractor charged with offences of contravening development approval conditions and causing environmental harm in connection with the construction of a large coal infrastructure facility.
  • Advising a North Queensland developer charged with offences in relation to erosion and sediment control at a residential land development.
  • Acting for the Queensland government in proceedings regarding the construction of jetty in a Sunshine Coast river.
  • Acting for the Queensland government in the prosecution of a building contractor for releasing contaminated stormwater water from site causing environmental harm.
  • Advising and acting for a Queensland developer in proceedings to appeal against direction notices issued by a local government in relation to a large residential land development.
  • Acting for a Queensland developer in civil proceeding for loss and damage caused by unlawful approvals granted for a residential and tourist development.
  • Acting for a development company and its director in a District Court appeal against penalties imposed for offences of vegetation clearing and failure to comply with an enforcement notice.
  • Advising and acting for a national contacting company and its executive officers charged with multiple offences of carrying out unlawful building work.
  • Advising and acting for the Queensland government in the prosecution agricultural landholders for vegetation clearing offences.
  • Advising the Queensland government on prosecution of landholders for unlawful dam development on agricultural property.
  • Advising a farming company in relation to forestry operations and vegetation clearing in watercourses.
  • Advising and acting for the Queensland government in relation to vegetation clearing on rural land in Central Queensland.
  • Advising and acting for the Queensland government in relation to unauthorised works and marine plant clearing in a Coastal Management District.
  • Advising and acting in numerous Planning and Environment court appeals, declaratory proceedings and other applications.
  • Advising and acting in nature conservation and heritage protection matters.

Environmentally Relevant Activities

Advising and/or acting in numerous matters involving Environmentally Relevant Activities, including:

  • farming and primary production;
  • marine facilities;
  • fuel facilities;
  • waste water treatment;
  • regulated waste transport and storage;
  • abattoirs;
  • motor vehicle repairs;
  • timber processing and treatment;
  • metal coating;
  • chemical manufacturing and storage;
  • metal recovery.
 

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