Emma Herriman

Emma specialises in Planning, Environment and Government Law. With over 15 years’ experience in both the UK and in Australia, she has acted for major developers, land owners, occupiers and local government alike. Her experience covers all industry sectors and her approach to the law is strategic and commercial.

Experience

Emma’s experience includes advising on the following:

Planning

  • Developments, land divisions, changes of use and variations under the Development Act 1993 (from pre-application project assessment and categorisation through to the grant of approval (including policy assessment, statutory process requirements, commercial strategy, timing and risk);
  • Public consultation and representations;
  • Conditions drafting, discharge and compliance;
  • Building rules approvals and fire safety;
  • State and local heritage requirements and protections;
  • Coastal land protection, open space and tree protection;
  • Native vegetation clearance consent regime; and
  • Development Plan amendments.

Governance

  • Council statutory duties, governance and requirements under the Local Government Act 1999 and associated legislation, including Council decision-making, delegations, policy adoption and alteration, financial reporting and rates, Freedom of Information, s 270 procedures, Member code of conduct and conflicts of interest, and meeting requirements (and informal meeting process).

Infrastructure and Environment

  • Public infrastructure and community land requirements, regulations and management obligations (including roads, wastewater and stormwater management, renewable energy sources);
  • Water licensing, allocation and funding;
  • Environmental impact assessments, statements and reports;
  • EPA licensing, regulation and criminal prosecutions;
  • Site contamination and testing, auditing and consultant duties and obligations, environmental risk and liabilities, licensing and regulatory agreements; and
  • Development viability and financial contributions.

Agreements and transactions

  • Development agreements/deeds, contribution agreements, land management agreements, development plan amendment agreements, settlement agreements, community land leases and licences, agreements for lease subject to planning, environmental indemnities and releases; and
  • Reporting / DD on planning, environment, infrastructure and governance matters in support of property and corporate transactions.

Appeals

  • Enforcement proceedings and appeals against relevant authority decisions under the Development Act 1993;
  • Enforcement and criminal prosecutions under the Environment Protection Act 1993, and natural resources legislation; and
  • Judicial review proceedings.

Emma has strong interpersonal skills and develops long-term client relationships. Her current focus is on South Australia’s planning law and policy reform, transitional requirements and associated impacts.

She is currently a member of the State Commission Assessment Panel, undertaking detailed assessment of complex development applications, major development and Crown development applications and applications for public infrastructure.

Some of her current clients include: Various SA Councils, PEET Ltd, Duxton Vineyards Pty Ltd, Stockland, Santos, Origin Energy, Viva Energy, Nova Industries, CBA, NAB, Australian Wildlife Conservancy, Indigenous Business Australia, Detmold Group.

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