About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

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Latest Case

Assisting the Commonwealth Government in drafting and negotiating major agreements June 23, 2017

Maddocks advised the Commonwealth Department of Health on the drafting and negotiation of the Sixth Community Pharmacy Agreement (the 6CPA) with the Pharmacy Guild of Australia. Since 1990, the Government and the Pharmacy Guild have … Continued

Latest News

Energy prices are too high: can nothing be done to bring them down? September 8, 2017

On Tuesday 5 September 2017, Maddocks hosted a presentation and panel discussion by the Grattan Institute focusing on the topical issue of energy prices – particularly, the fact that prices are rising and mechanisms that can … Continued

Latest Article

ACCC launches first B2B unfair contract terms action September 12, 2017

On 6 September 2017, the Australian Competition and Consumer Commission (ACCC) instituted proceedings in the Federal Court against one of Australia’s largest privately-owned waste management companies, JJ Richards & Sons Pty Ltd. This case is … Continued

Joshua Same Special Counsel

Background

Joshua advises public and private sector clients on environmental planning and approval process, liabilities under environmental legislation and environmental incidents, government procurement processes, contaminated land, waste, land access, environmental auditing, management and due diligence and statutory processes.
Joshua is a qualified environmental engineer and has particular experience advising on and documenting infrastructure and redevelopment projects with environmental or planning law drivers, such as large-scale remediation or waste projects.

Legal expertise

  • Land access and planning approval requirements in NSW.
  • Environmental approval and licencing requirements in each State and Territory and under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
  • Buying, selling and remediating contaminated sites, including drafting remediation contracts and environmental indemnities.
  • Exercising of council’s functions under the Local Government Act 1993 (NSW).
  • Drafting procurement documentation and advising on procurement process, particularly for Local and State Government in NSW.
  • Preparing and negotiating waste contracts.

Relevant experience

  • One stop shop for environmental approvals – advising the Commonwealth Department of the Environment on the drafting of bilateral agreements between the Commonwealth and each State and Territory Government to enable a single environmental assessment and approval process where the EPBC Act assessment and approval process would otherwise apply concurrently with the state and territory process.
  • Riverina Intermodal Freight Logistics Hub – the facility involves the construction and operation of new rail sidings, hard stand, intermodal facilities and related road infrastructure in Wagga Wagga, to expand the rail freight capacity in the Riverina. Joshua has been advising on: procurement structure and risk under the State Government’s PPP guidelines and the Local Government Act, land access issues and property acquisitions, approvals strategy, management of risks under the Rail Safety National Law, and managing those risks contractually, contractual delivery documents and planning and operational issues.
  • Redevelopment of former BHP Steelworks site, Newcastle – this project involves the redevelopment of the 150Ha former BHPB Steelworks Site in Newcastle. The project originally involved the development of port, intermodal, rail and commercial facilities. Joshua has advised on: the procurement strategy, the drafting and negotiation of the PDA, the management of key risks, in particular interface risks across the site, the management of contamination risks through property and planning controls, the management of existing tenancies and commitments, and a planning approvals strategy. The PDA that was ultimately signed required the delivery of site infrastructure, obtaining planning approvals, detailed design processes and delivery of the intermodal and commercial facilities.
  • Northern Sydney Councils Waste Services Contract – This project involves the joint procurement for a long-term contract for waste disposal and processing services by 5 Northern Sydney Councils. Joshua has advised on the establishment of a waste alliance including Ministerial consent requirements under s348 of the Local Government Act, drafting and advising on procurement documentation and process, and drafting and negotiating contractual documents for the delivery of the waste services.
  • Coastal Integrated Forestry Operations Approval – Forestry operations in NSW are subject to extensive environmental approvals. The NSW Environment Protection Authority (EPA) is coordinating a process to renegotiate and re-write the approvals so they are integrated in one document. Joshua has been drafting the approval document, and associated protocols to address the requirements of relevant stakeholders and achieve the EPA’s objective of creating an approval that is concise, clear and readily available for use by workers in the field.