Samantha Daly Partner

Meet Samantha

Samantha is a planning and environment lawyer specialising in the property, infrastructure, energy and resources industries.

She acts for major miners, infrastructure providers and large developers, and advises her clients on all aspects of planning and environment regulation including planning and environmental approvals, compliance, development contributions, biodiversity offsets, native title, contaminated land and pollution offences. She also regularly assists clients in assessing project risks and provides practical advice for her clients in responding to regulatory investigations as well as acting for her clients in planning and environment litigation.

Samantha has contributed to some of the largest mining projects in Australia and has a 100% success rate in obtaining planning and environment approvals for her clients. She was recognised in Best Lawyers in Australia in 2017-2019 and was a finalist in the 2017 Lawyers Weekly Partner of the Year Awards in the categories of Planning and Environment and Projects, Energy and Resources.

Experience

General

Peabody Energy Australia

Advised on the environment, planning and mining issues associated with the Wilpinjong Extension Project in New South Wales, including environmental impact assessment, Commonwealth approvals, mining tenements and native title requirements. The A$100 million project was approved in 2017.

Glencore

Assisted Glencore in obtaining the State and Federal planning and environmental approvals required for the A$150 million Mount Owen Continued Operations Project.

Global Mining Client

Acted in prosecutions in respect of charges of polluting waters, failure to notify a pollution incident and breach of licence conditions.

Urban Growth NSW

Assisted in negotiating with a number of government and private parties in respect to the preparation of agreements for the funding and delivery of a number of large infrastructure projects in Western Sydney.

NSW Minerals Council

Advised the peak industry body representing the mining industry in NSW in respect of a number of key policy and legislative reforms including recent proposed changes to the NSW planning, biodiversity and mining legislation.

Association of Independent Schools NSW (AIS)

Advised a number of AIS’ member schools in relation to planning approvals required for school expansion projects.

Recognition

Listed as a leading lawyer in Planning and Environmental Law
Best Lawyers Australia, 2017-2019
Finalist, Partner of the Year: Projects, Energy and Resources
Lawyers Weekly, 2017
Finalist, Partner of the Year: Planning and Environment
Lawyers, Weekly, 2017
Finalist
Women in Law Awards, 2015
Finalist
NSW Women Lawyers Achievement Awards, 2015 and 2017

Career & qualifications

Qualifications

  • Master of Laws, University of Sydney
  • Bachelor of Laws (Hons) – University of Technology, Sydney
  • Bachelor of Business, University of Technology, Sydney
  • Graduate Diploma of Legal Practice – University of Technology, Sydney

Memberships

  • New South Wales Law Society
  • Environment and Planning Law Association NSW
  • Australian Water Association
  • NSW Women Lawyers Association
  • Property Council
  • UDIA NSW

Insights Read more insight

Industry beware: New framework for clawing back proceeds of environmental crime in NSW

The NSW EPA has recently announced a new framework which can be used to force environmental offenders to pay back any profits which they have made due to their offending behaviour. This will be...

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Recent landmark case marks a significant change to the interpretation of waste laws in NSW

A recent decision handed down by Justice Pain of the Land and Environment Court has changed the way that waste laws in NSW are applied by overturning a seminal waste case and providing guidance on...

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Dramatic rise in Land and Environment Court penalties

JWS recently conducted an analysis of Class 5 proceedings determined by the Land and Environment Court (LEC) in the last five years.

More

News

External publications

  • Emerging issues for the Australian resources sector in 2017
  • Commencement of Land Access Arbitration Reforms
  • Biodiversity Conservation Act in NSW - impact of changes to laws governing biodiversity conservation and management
  • Compulsory land acquisition reforms: a more 'caring' approach
  • Crown land in NSW - consolidation of ownership, use and management
  • Review of the Environment Impact Assessment Process - Changes to approval process for large projects
  • Characterisation of prospecting activities in NSW
  • Digging Deeper into Resources Legislation and Policy
  • Commencement of the Resource Legislation Package in NSW
  • Darkinjung Local Aboriginal Land Council v Minister for Planning and Infrastructure
  • Review of Commonwealth EPBC Act water trigger
  • Extension to NSW mining purposes exemption
  • NSW mining lease applications - new protocol for proof of extinguishment of native title
  • Proposed reforms to water regulation and pricing in NSW

Submissions

  • Submission to the Department of Planning and Environment regarding the draft State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017
  • Assisted the NSW Minerals Council and UDIA NSW during 2016 and 2017 in respect of submissions relating to proposed biodiversity, mining and planning reforms in NSW.

Presentations

  • Presentation at the NSW Minerals Council’s Exploration Forum 2017 on Beware of the significant improvement – the implications of the Hume Coal case for exploration activities in NSW
  • Presentation at the NSW Minerals Council’s Exploration Forum 2016 on Allocation, Access and Activity Approvals – How the Recent Reforms to the Mining Act will impact on NSW Explorers
  • Presentations at a series of workshops conducted by the Institute of Public Works Engineering Australasia on Environmental assessment requirements for the provision of public infrastructure.