Nick Thomas

Practice Areas

Nick is a leading expert in environment, planning, ESG, climate change, sustainability, water, property, regulated industries and government law, with a focus on infrastructure, land development, and energy and resources. With more than 25 years' experience collaborating with Commonwealth, State and local government as well as major corporations in a diverse range of industries, he has advised key players in many of Australia's most significant projects, transactions and environmental disputes. One of Nick's strengths is guiding projects through their entire lifecycle, from conception to operation. He advises at executive, board, and ministerial levels, and is known for delivering pragmatic solutions.

Nick has also been appointed a Fellow of the Environment Institute of Australia and New Zealand and was recently named Australia's best water lawyer by Best Lawyers (in association with the Australian Financial Review).

Work Highlights

Inland Rail program: leading a team across three States advising Australian Rail Track Corporation (ARTC) on the program (a 1700km program of major rail projects), covering all aspects of environment, planning, ESG, native title, government, land access and acquisition, and transport regulation. Nick began advising during the business case development and is continuing his team's role throughout the life of the various Inland Rail projects, including on a wide range of transactions and dispute resolution.

Western Sydney International (Nancy Bird Walton) Airport: advising the Australian Government and subsequently WSA Co Ltd (as airport lessee) on environment, planning and ESG matters, as well as land acquisition and access, airport regulation and government laws. His role has spanned initial legislative drafting, two EIS processes, transactional work, strategic planning, approval design and implementation.

Transport infrastructure: advising government and private sector proponents on an extensive range of major transport infrastructure projects and operations, including road, rail, light rail, port and airport projects in NSW and other States and Territories.

Biodiversity / natural capital: advising on conservation and market development, natural capital initiatives and biodiversity transactions across Australia. Among other things, Nick has participated in design reviews for biodiversity market schemes in NSW and revisions to State and Commonwealth biodiversity laws, advised on innovative biodiversity enhancement projects and transactions, conducted workshops on nature positive initiatives, and acted on most of the biodiversity credit transactions to date in NSW (including devising many "first of kind" transaction structures).

Greenfield development projects, urban renewal and precinct development: advising public and private sector clients, on master planning and planning instrument drafting, feasibility advice, land transactions and land management (including contamination), assessments and approvals, project delivery and various forms of dispute resolution. Nick has advised major developers (such as Celestino, Dahua, Goodman, Lendlease, Lyon Group, Mirvac, Stockland), aged care providers (such as Opal, HammondCare, BaptistCare), major NSW universities, the NSW Department of Planning and Environment, Landcom, NSW Land and Housing Corporation, Defence Housing Authority and key local councils (including Blacktown City Council).

Natural disaster preparedness and planning, response and recovery: advising government and private sector clients, including on the development of resilience initiatives. Clients include infrastructure owners and operators, State metropolitan and rural fire agencies, State emergency services, and recovery agencies such as the Northern Rivers Reconstruction Corporation, the NSW Reconstruction Authority. Nick was recently invited to advise the New Zealand Government on natural disaster resilience.

Carbon regulation and carbon markets: advising government agencies and private sector clients in the mining, energy and land sectors across Australia on the Safeguard Mechanism, carbon credit regulation, carbon credit generation projects, carbon transactions and related government policy. Nick's work has included advising the Australian Government on the design of the reverse auctions and standard contracts for the Emissions Reduction Fund.

Clean energy solutions: advising a broad spectrum of clients, including on solar, wind, pumped hydro, biomass, energy from waste, hydrogen and P2X. Nick's experience includes acting for Origin Energy, AGL, Alinta, CWP Renewables, Hydro Tasmania and numerous other clients on existing and prospective projects, and for various proponents of hydrogen projects (both pilot and commercial scale). He has also advised the Australian Government on the development of its hydrogen policy, and the NSW Government on renewable energy policy and regulation, and on renewable energy projects for several NSW Government agency sites.

Industry Sector Expertise

Agribusiness and Food

Climate Change and Sustainability

Environment and Sustainable Development

Infrastructure Access and Regulation

Litigation and Dispute Resolution

Major Projects & Construction

Native Title

Real Estate

Renewables

Telecommunications Media and Technology