Saturday, 22 September 2018
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Sharnie Belle
Telephone +61 2 8915 1084
Facsimile +61 2 8916 2084
Email Sharnie
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I advise private and public sector organisations on all aspects of planning and environmental law, administrative law, compulsory acquisitions and local governance. I have particular expertise in advising on approvals for major projects, the application of the transitional provisions for Part 3A, State Significant development, other forms of Part 4 development (including exempt and complying development), Part 5 development and the compulsory acquisition of land by public authorities.


I have extensive advisory and litigation experience in both New South Wales and Victoria. My litigation experience in New South Wales includes:

 

  • proceedings in the Land and Environment Court comprising:
    • Class 1 (including objector) appeals;
    • Class 3 (compulsory acquisition) appeals; and
    • Class 4 (including judicial review) appeals.
  • appeals from the Land and Environment Court to the Court of Appeal;
  • special leave applications to the High Court; and
  • proceedings in the Equity division of the Supreme Court.


I was admitted as a Solicitor in 2005 and was previously a Senior Associate at Henry Davis York. Prior to this I was a lawyer at Minter Ellison and Maddocks.
 

 

Qualifications

BMedSc(Hons) - University of Sydney

 

LLB - University of New South Wales

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION

I specialise in all aspects of planning and environmental law, including land use and development, environmental assessments for major projects, judicial review of development approvals, compulsory acquisition matters, pollution and environment protection licensing matters, waste, contaminated land management and local governance.

 

Qualifications

BMedSc(Hons) - University of Sydney

 

LLB - University of New South Wales

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION
Lend Lease
Advising in relation to the procurement of all necessary planning approvals for the redevelopment of the Barangaroo site including the concept plan, major project and State significant development approvals as well as numerous modifications to those approvals.
View Full Case Study
Lend Lease
I am advising in relation to the options available to enable the proposed development of the Crown casino, integrated resort and hotel facilities within the Barangaroo site, including the proposed modification to the Concept Plan to facilitate the Crown development.
View Full Case Study
Lend Lease
Further work for this client includes acting in Class 1 merit proceedings and Class 4 judicial review proceedings brought by Jemena Limited in relation to the Block 4 remediation development approval which relates to the remediation of part of the area within Barangaroo that was declared by the EPA to be significantly contaminated.
View Full Case Study
Lend Lease
I am advising on the redevelopment of the Sydney International Convention, Exhibition and Entertainment Precinct (SICEEP), including the procurement of all necessary major project planning and development approvals for the entertainment core facilities precinct.
View Full Case Study
Lend Lease
I advised in relation to the planning and development contribution issues that arose in relation to the master planned community of Jordan Springs, including the contribution requirements regarding the sale of master lots.
View Full Case Study
McDonalds Australia
I provided planning and environmental advice to assist the carrying out of site risk assessments for sites that are proposed to be acquired and developed by McDonalds, including advising in relation to site planning and permissibility of development, the applicable development controls, environmental regulation, contamination and remediation and heritage requirements.
View Full Case Study
Large Australian private corporation
I acted for a large Australian corporation that was investigated for a potential pollution offence which ultimately resulted in the client providing an enforceable undertaking to the Environmental Protection Agency as an alternative to a criminal prosecution.
View Full Case Study
Various developers and local councils
My experience also includes advising and acting in planning merit appeal proceedings in relation to medium density and high-rise commercial and mixed use developments in Sydney and Melbourne.
View Full Case Study
GPT
I advised in relation to the redevelopment of the Rouse Hill Town Centre, including advising in relation to master-planning of the Town Centre and preparation of necessary development applications.
View Full Case Study
GPT
I advised GPT in relation to its rights and obligations regarding contaminated land at the Forestway Shopping Centre, and was heavily involved in dealings with the EPA to facilitate the remediation of the site by the polluter to the satisfaction of both the EPA and the client.
View Full Case Study
NSW Government agencies
I have advised various NSW government agencies in relation to proposed developments for their own facilities as well for developments affecting their facilities and assets. I acted for RMS in numerous compulsory acquisition appeals to the Land and Environment Court, and on appeal to the Court of Appeal and in a Special Leave Application to the High Court.
View Full Case Study
 

Qualifications

BMedSc(Hons) - University of Sydney

 

LLB - University of New South Wales

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION
Significant reforms to land acquisition in NSW commence 1 March - what you need to know
1/3/2017
Significant reforms to the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) will take effect on 1 March 2017 with the commencement of the Land Acquisition (Just Terms Compensation) Amendment Act 2016 No 59.
View Full Focus Paper
 

Qualifications

BMedSc(Hons) - University of Sydney

 

LLB - University of New South Wales

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION