Tim Power has practiced as a specialist environmental, planning, cultural heritage and climate change lawyer for over 30 years.
He assists leading corporations and government clients on various ESG and sustainability-related issues including the environmental impact assessment and approval of major infrastructure, resource and property development projects, and advises sponsors and lenders on applying the Equator Principles and IFC Environment and Social Performance Standards to new investments.
Tim also acts for clients on the remediation and development of contaminated properties, pollution risk management and incident response, managing native title and indigenous and non-indigenous heritage issues, climate change issues, land acquisition and disputed valuations, and advice and representation in town and environmental planning appeals and panel hearings.
Tim is accredited as a specialist environmental and planning lawyer by the Law Institute of Victoria, and is recognised as a leading environmental lawyer by independent publications, Best Lawyers International¸ Chambers Asia-Pacific, PLC Which Lawyer? and Asia Pacific Legal 500.
Suburban Rail Loop
Advising on the environmental assessment, approvals and land assembly for this massive orbital rail and precinct development program of projects in Melbourne.
Offshore wind energy
Advising on the environmental, approvals and land assembly for offshore wind farms in Victoria (including Star of the South) and New South Wales, and on the environmental risk assessments for the Yunlin and Changfang and Xidao offshore wind farms in Taiwan. Extensive advice on the new offshore renewable energy regime in Australia for existing and potential market entrants.
Advising a client on regulatory, environmental and land access legal issues and strategy for developing hydrogen production facilities throughout Australia, and advising on the planning and environmental impact assessment, land assembly and native title strategy for the Murchison hydrogen project in Western Australia and on various regulatory issues for Project Evergreen in South Australia.
Melbourne Metro Rail Tunnel
Provided strategic advice and support on this A$10.8bn rail tunnel project through inner Melbourne, Australia on a range of post-approval environmental issues.
Perdaman Urea Project
Advised Perdaman Chemicals and Fertilisers on the environmental impact assessment and approval of this urea manufacturing project on the Burrup Peninsula in Western Australia, and on associated cultural heritage issues and avoiding impacts on petroglyph rock art.
Advising financiers on Equator Principles and IFC Environmental and Social Performance Standards conformity for the manufacture and deployment of an FPSO in the Marlim offshore field in Brazil.
Nord Stream Extension*
Advised the sponsor on strategies to ensure the subsea pipeline and its landfall within the Russian Federation conforms with the IFC's Environmental and Social Performance Standards and the international Convention on Wetlands of International Importance.
West Gate Tunnel
Advised Transurban on the Environment Effects Statement, land assembly and post-approval environmental issues for this toll road and tunnel project in western Melbourne.
Onshore Wind energy
Tim is noted as a specialist in renewable energy and wind farm projects, and has worked on over 30 wind farm projects throughout Australia. This experience has included the Ryan Corner, Hawkesdale, Penshurst, Ararat, Cape Bridgewater, Bulgana, Murra Warra, Moorabool, Yaloak South, Crowlands, Dundonnell, Salt Creek, Cherry Tree, Macarthur, Berrybank, Woolnorth, Musselroe, Hornsdale, Barn Creek, Salt Creek, Willogoleche, Collgar, Golden Plains, Crudine Ridge, Cattle Hill, Twin Creek, Dulacca and Mt Millar windfarms.
Advised the sponsors and lenders on a large number of utility-scale solar energy projects, including Dulacca, Shepparton, Baringhup, Susan River, Childers, Narrabri, Yass and Rollingstone solar farms.
Carbon Capture Storage ("CCS")
Advised the Victorian government on land assembly and environmental approval strategy for the CarbonNet CCS project in Bass Strait, and on the operation and effect of Australian offshore CCS legislation. Also advised a Japanese client on CCS regulatory issues in Australia, and a global oil company on the eligibility of CCS projects in Australia for Australian Carbon Credit Units.
Indonesian nickel production
Advising Zhejiang Huayou Cobalt Co. on ESG guidelines, standards and risk allocation in its transaction with Ford Motor Company and PT Vale Indonesia Tbk in their joint investment in the Pomalaa Block High-Pressure Acid Leaching Project to process ore from the Pomalaa nickel laterite mine into mixed Hydroxide precipitate for use in electric vehicle batteries.
Environmental and social governance
Advising a global mining company on its ESG systems for its mining operations in Australia, China, Brazil and the Democratic Republic of Congo, and financiers on anti-modern slavery considerations in the supply chain for photovoltaic cells.
Environmental incident response
Acting for a large Australian corporate on its response to a pollution incident in Australia, and on a mining client's response to a pollution incident and litigation in Papua New Guinea.
Barkly Street contamination litigation*
Acted for the Spotless Group of companies in litigation brought in the Victorian Supreme Court concerning the sale and development of a contaminated property in Melbourne, Australia. This remains the largest 'toxic tort' litigation of its type in Australia.
Southern Australian Mine projects
Tim is advising the proponents and sponsors of the Fingerboards, Atacama, Goschen, Euston, Wimmera and Avonbank mineral sands and rare earth mines, Fosterville gold mine, Hillside copper mine, Stawell Gold Mine, Stockman Base Metal Project, Boyd's Hill, Staveley Project, and Ballarat Goldfields.
Montara offshore gasfield
Advised Jadestone on environmental and regulatory issues associated with the purchase of its interest in, and operatorship of, the Montara field in the Timor Sea.
Gladstone LNG and coal seam methane project*
Advised Santos on the Commonwealth referral and environmental assessment and approval strategy for this A$24bn coal seam gas production, pipeline, and LNG project in Queensland, Australia.
*Experience gained prior to joining White & Case
Tim regularly speaks at legal and industry conferences and seminars, particularly on environmental impact assessment, contaminated land and pollution risk management, and renewable energy. He has also lectured and tutored town planning students at the University of South Australia and University of Melbourne, and been guest lecturer to undergraduate and postgraduate law students at ANU, Deakin University and the University of Melbourne.
Tim has been published widely in professional and industry journals. His work on green buildings has been published by the Local Government Yearbook 2009, The Law Institute of Victoria, the Californian Sustainability Alliance, and the New South Wales Department of Environment and Climate Change. Tim has also co-authored a chapter of a legal text book called 'Australian Coastal and Marine Law' (Federation Press).
Best Lawyers in Australia – Environmental and Planning Law, Climate Change Law, Water Law and Energy Law. Climate Change Lawyer of the Year 2020
Leading Lawyer (Band 1) Environment – Australia, Chambers Asia Pacific 2009-2023.
Asia Pacific Legal 500 - "unequalled in renewable energy projects."
Accredited Specialist in Environmental and Planning Law – Law Institute of Victoria