Mark Etherington
Mark has over 20 years of experience in assisting private sector project proponents and public authorities with administrative/regulatory governance, compliance and decision-making, particularly for environmentally sustainable development.
Mark specialises in commercial, industrial, land development, pipeline and telecommunication infrastructure, and resource (mining, quarrying, mineral and sand mining) and renewable energy projects. Mark advises on expectations / trends, risks and statutory requirements applicable to project acquisitions, approvals and appeals, compliance and reporting (particularly relating to Aboriginal and non-Aboriginal cultural heritage, contamination, environment, liquor licensing and planning). Increasingly this has involved social licence and ESG considerations (including GHG emission reduction pathways and offsets).
Mark has been recognised by Doyles in 2014 – 2015, 2017 – 2020 and 2023.
Experience
Mark’s experience includes advising:
- Cameco Australia on Commonwealth and State environmental approvals for uranium mining projects (including third party judicial review challenges) on issues including subterranean fauna and radiation;
- Consolidated Minerals on environmental impact assessment, liquor licensing for a workers camp and the review of an Aboriginal heritage mining agreement;
- Development WA on statutory functions and powers including the Metropolitan Redevelopment Authority decision-making under planning laws (this has included financial responsibility and structure planning), conflict of interest issues, and funding arrangements with a local authority for a redevelopment area;
- Hanson Construction Materials on clearing permits, environmental impact assessment and licensing, extractive industry licences, stakeholder engagement and State Administrative review proceedings for sand mining, hard rock quarry and concrete batching operations. Matters included impacts (noise, dust and traffic), environmental impacts (hydrology, fauna habitat, and conservation significant fauna), consideration of time-limited approvals, Minister for Planning call-in of planning reviews, and non-conforming use rights;
- Telecommunication utilities on State Administrative Tribunal mediation and review proceedings for fixed wireless and mobile transmission towers development applications involving visual amenity/landscape considerations and the application of State and local planning policies;
- Viva Energy on contamination issues associated with the acquisition of petrol station sites;
- Water Corporation on environmental licensing, regulation and supply of bio solids, vegetation rehabilitation services agreement; contaminated sites and regulatory investigations; and a borrow pit mining tenement claim; and
- Yara Pilbara on environmental licensing, and third party Ministerial appeal and judicial review relating to industrial plants on Murujuga (Burrup Peninsula) relating to air quality and regulation of greenhouse gas emissions.