Barnaby joined Maddocks’ Planning and Environment group in 2005 and was appointed Special Counsel in 2014. He is a Law Institute of Victoria Accredited Specialist in planning and environment law.
He regularly appears before VCAT and Planning Panels Victoria and has acted in a range of proceedings in the Supreme Court and the Magistrates’ Court.
- Town planning and environment law
- Contaminated land, waste management and industrial development
- Major project approvals
- Climate change law and sustainable development
- Tribunal advocacy
- Advocacy – Barnaby has twelve years’ experience appearing before VCAT’s Planning and Environment List, mediations and in hearings before Planning Panels Victoria.
- Advisory – all aspects of town planning and environment law.
- Local government liability, compensation and risk management.
- Supreme Court appeals from the Planning List of VCAT and judicial review proceedings.
- Use of statutory agreements under the Conservation, Forests & Lands Act 1987, the Planning and Environment Act 1987 and the Victorian Conservation Trust Act 1972.
Panels and Inquiries
- Environmentally Efficient Design Panel and Advisory Committee – acted for joint council planning authorities for 6 local ‘ESD’ planning policies.
- Residential Zones Standing Advisory Committee and Amendment C174 (Cooper Street Employment Precinct) – appeared for the City of Whittlesea.
- Victorian Desalination Project Panel Inquiry – acted for Cardinia Shire Council (power supply corridor).
- Hazelwood Power Station coal field extension – acted for environment groups in judicial review proceedings under section 39 of the Planning and Environment Act 1987 (Australian Conservation Foundation & Ors v Minister for Planning  VCAT 2029).
- Mornington Harbour Environment Effects Statement Inquiry – acted for Mornington Peninsula Shire Council.
- East West Link – advised a bidding consortium regarding environmental and planning issues.
Contaminated land, pollution and industry
- Merindah Park Remediation – acts for Bayside City Council regarding judicial review challenge to a clean-up notice issued by the EPA, associated with lead contamination of public open space.
- Brookland Greens Estate class action – advising the project team on environmental and planning issues.
- Water pollution prosecution – acted for a rural council in relation to water pollution charges under the Environment Protection Act 1970. Barnaby negotiated an alternative sentencing order for the client and avoided conviction.
- Statutory notices issued by the EPA – Barnaby has advised numerous councils regarding administrative review rights.
- Landfills and resource recovery – acts for numerous councils regarding landfill and resource recovery proposals.
- Preparing section 173 agreements for remediation of potentially contaminated land.
Biodiversity and Climate Change
- Carbon sequestration rights – advised the Victorian Department of Premier and Cabinet and DSE on Parts 4 and 5 of the Climate Change Act 2010.
- Biodiversity Conservation Strategy (BCS) – advised the City of Whittlesea regarding planning implications of the BCS approved under the EPBC Act.