Elle McIntosh

Senior Associate
Norton Rose Fulbright Australia

Elle McIntosh

Elle McIntosh

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Biography

Elle McIntosh is an environment, planning and climate change lawyer based in Melbourne.

Elle has a comprehensive understanding and regularly advises clients on planning and environmental law, including environmental permitting, waste management, Aboriginal cultural heritage, planning applications, planning scheme amendments, preparation of section 173 agreements and due diligence advice. She also practises in the area of climate change law, advising clients on the Carbon Farming Initiative, Emissions Reduction Fund, Safeguard Mechanism and international emissions trading schemes.

Elle regularly advises clients in the energy, waste, development, extractive industries and government sectors. She had a particular interest in assisting clients in the waste sector and is a member of the Victorian Landfill Working Group.

Elle has worked on a number of large projects and disputed matters as part of multidisciplinary teams which means that she is well placed to work collaboratively with consultants and clients.


Professional experience

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  • Juris Doctor, Monash University (2017)
  • Bachelor of Science (Hons), Australian National University (2013)

Extractive industries

  • Advising waste sector and extractive industry clients on duties and obligations under the Environment Protection Act 1970 (Vic) (EP Act) and the Mineral Resources (Sustainable Development) Act 1990 (Vic). 
  • Intrapac Property Pty Ltd / Bayport Group - Providing advice and representing a joint venture client with respect to the staged redevelopment of the former Lilydale Quarry (a 143 hectare site) for commercial and residential uses. This matter involved representing the client in VCAT with respect to an appeal proceeding brought under the Mineral Resources (Sustainable Development) Act 1990 (Vic) (MRSD Act) and representing the client before a Standing Advisory Committee as proponent of a draft Planning Scheme Amendment. 
  • Hanson Landfill Services Pty Ltd - advising in relation to compliance with the Mineral Resources (Sustainable Development) Act 1990 in relation to a former quarry site at Harkaway.
  • Terrequip Environmental Beechworth Pty Ltd - Providing due diligence advice regarding purchaser of a former quarry site. This involved consideration of the MRSD Act, EP Act, New EP Act and P&E Act.

Waste

  • Representing major Australian waste sector client in proceedings in the Supreme Court of Victoria, Court of Appeal and High Court. This matter involved an appeal against the grant of a works approval under the Environment Protection Act 1970 (Vic) (EP Act) with respect to a landfill extension.
  • Representing major Australian waste sector client in two separate proceedings in the Victorian Civil and Administrative Tribunal (VCAT). The proceeding concerned a:
    • a works approval conditions appeal under the EP Act with respect to a Biogas facility; and
    • a planning permit refusal appeal under the Planning and Environment Act 1987 (Vic) (P&E Act).
    • Hanson Landfill Services Pty Ltd - advising in relation to compliance with its EPA licence obligations for its landfill operations at a landfill site at Wollert.

Planning approvals

  • Intrapac Property Pty Ltd / Bayport Group - Providing advice and representing a joint venture client with respect to the staged redevelopment of the former Lilydale Quarry (a 143 hectare site) for commercial and residential uses. This matter involved representing the client in VCAT with respect to an appeal proceeding brought under the Mineral Resources (Sustainable Development) Act 1990 (Vic) (MRSD Act) and representing the client before a Standing Advisory Committee as proponent of a draft Planning Scheme Amendment. 
  • Yarra Valley Water – Providing strategic planning advice, and representing client at planning panel hearing, in relation to an amendment to the Whittlesea Planning Scheme which relates to the Shenstone Park Precinct Structure Plan.

Due diligence

  • Providing multinational waste and energy client with environmental and planning due diligence advice with respect to a proposed waste to energy facility. This involved consideration of the P&E Act, EP Act, new Environment Protection Act 2017 (Vic) (New EP Act); Aboriginal Heritage Act 2006 (Vic); Environmental Effects Act 1978 (Vic); Environmental Protection Biodiversity Conservation Act 1999 (Cth) and Flora and Fauna Guarantee Act 1988 (Vic).
  • Terrequip Environmental Beechworth Pty Ltd - Providing due diligence advice regarding purchaser of a former quarry site. This involved consideration of the MRSD Act, EP Act, New EP Act and P&E Act.

Government

  • Yarra Valley Water – Providing strategic planning advice, and representing client at planning panel hearing, in relation to an amendment to the Whittlesea Planning Scheme which relates to the Shenstone Park Precinct Structure Plan.
  • Melbourne Water – advising and preparing various agreements under section 173 of the Planning and Environment Act 1987 to be registered on certificates of title to protect Melbourne Water's interests in relation to various issues including flood risk, drainage contributions, and access.
  • Western Region Water Corporation – Advising and representing client in relation to a sewer spill incident. This involved mater inolved an investigation and subsequent prosecution commenced by the EPA concerning a sewer spill incident.

Environmental approvals/permitting and regulatory/compliance

  • Representing major Australian waste sector client in proceedings in the Supreme Court of Victoria, Court of Appeal and High Court. This matter involved an appeal against the grant of a works approval under the Environment Protection Act 1970 (Vic) (EP Act) with respect to a landfill extension.
  • Providing multinational waste and energy client with environmental and planning due diligence advice with respect to a proposed waste to energy facility. This involved consideration of the P&E Act, EP Act, new Environment Protection Act 2017 (Vic) (New EP Act); Aboriginal Heritage Act 2006 (Vic); Environmental Effects Act 1978 (Vic); Environmental Protection Biodiversity Conservation Act 1999 (Cth) and Flora and Fauna Guarantee Act 1988 (Vic)
  • Western Region Water Corporation – Advising and representing client in relation to a sewer spill incident. This involved mater inolved an investigation and subsequent prosecution commenced by the EPA concerning a sewer spill incident.
  • Lonza/Arch Wood Preservation Pty Ltd - advising in relation to its wood treatment plant at Trentham.  This advice involved consideration of the client's waste transportation obligations from customer sites in six states and territories in Australia.
  • Hanson Landfill Services Pty Ltd - advising in relation to compliance with its EPA licence obligations for its landfill operations at a landfill site at Wollert.

Land acquisition

  • Department of Transport  - Advising in relation to the compulsory acquisition of land for the Birregurra-Forrest Road, Lorne Road and Deepdene Road Roundabout Project.
  • Department of Transport - Advising client on the scope of their compulsory acquisition powers in relation to the Wallan Area Network Improvements Project.
  • Department of Transport - Advising in relation to the negotiation of access licences and the compulsory acquisition of land for a confidential project.
  • Various Claimants - Advising in relation to claims for compensation for the reservation of part of their land for the Outer Metropolitan Ring Road. This includes an ASX-listed property investment company in relation to its $36 million disputed compensation claim and initiating proceedings in the Supreme Court (prior to Elle joining NRF).
  • AusNet Services - Assisting an electricity distributor in relation to its compulsory acquisition of transmission line easements including obtaining the certification of the Governor in Council that reservation was in the public interest and drafting all necessary statutory notices (this matter was completed prior to Elle joining NRF).

Carbon/climate change

  • Advising on participation in the Emissions Reduction Fund (and international emissions trading schemes) including advice on project qualification and registration, carbon abetment contracts, contractual arrangements between project developers and landowners, interpretation of methodology determinations, audit requirements, and participation in ERF auctions.
  • Providing due diligence advice on Emissions Reduction Fund projects and associated contractual arrangements.
  • Drafting contractual agreements relating to ERF participation including agreements between ERF project developers and landholders and spot and forward contracts for the sale of Australian Carbon Credit Units.
  • Advising on the process and implications of registering carbon sequestration rights on title and drafting associated documentation and agreements.  
  • Energy Developments Pty Ltd - Advising on participation in the Emissions Reduction Fund (and international emissions trading schemes) including advice on project qualification and registration, carbon abetment contracts and contractual arrangements.
  • Victorian Planning & Environmental Law Association
  • Waste Management and Resource Recovery Association of Australia
  • Carbon Market Institute
  • Law Institute of Victoria

Insights

An overview of the Nature Repair Market

Publication | September 05, 2024