Charlotte Osborne advises clients from all sectors on regulatory law. Within the Perth Energy & Natural Resources team, Charlotte mainly advises in the areas of planning and environmental approvals, administrative and public law, and also data privacy.

    Charlotte is an approachable and pragmatic lawyer with substantial experience advising clients from a range of sectors in regulatory, local government and general commercial law in Western Australia and the UK.

    Prior to joining the firm, Charlotte practised environment and planning law and commercial law, including franchising, with an international law firm in Perth, and worked  in house for local government with a focus on planning and projects.

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    Planning

    • Supreme Court and Court of Appeal challenges to a development approval for a secondary shopping precinct in Busselton, granted contrary to the City of Busselton’s local planning scheme.
    • State Administrative Tribunal proceedings to extend the time period for implementing a planning approval for the Como Hotel and bottle shop redevelopment, running alongside the evolution of the relevant local planning scheme, which was amended to block the development.
    • Advising on the legality of subdivision and development approval conditions under the Planning and Development Act 2005 (WA).
    • Advising developers on the recovery of subdivision costs from later sub-dividers, under s159 Planning and Development Act 2005 (WA).
    • Advising on developer contributions and drafting legal agreements to address local government requirements for financial contributions, public open space and parking provision.
    • Acting for a discount supermarket chain, preparing a deed of reciprocal parking arrangement between neighbouring land owners, to meet the Shire of Mundaring’s parking requirements for new retail development.
    • Defending prosecutions brought under the Planning and Development Act 2005 (WA).
    • In proposed land transactions and corporate transactions, undertaking due diligence reviews of permissible land use (zoning) and operating permit requirements for client’s proposed use of target land.
    • Advising on scheme interpretation regarding bonus height provisions, for major new development in the City of South Perth.
    • Advising on the characterisation of land use, for example as “light industrial” or “general industrial” under Shire of Ashburton LPS.
    • Advising land owners on compulsory acquisition and land compensation under the Land Administration Act 1997 (WA).

    Environment and Contaminated Land

    • Preparing approvals register for proposed solar and wind farm development in the Wheatbelt region of Western Australia.
    • Conducting environmental due diligence in sale of business context, for both share and asset sales. Identifying materials risks for potential liability and advising on environmental investigations and contractual arrangements to mitigate risk.
    • Advising on legality of emissions following end of commissioning phase of power station.
    • Advising on liability for regulatory offences, including pollution incidents, waste and clearing of native vegetation without a permit, under the Environmental Protection Act 1986 (WA).
    • Preparing environmental content for a Regulatory Compliance Manual for a major offshore LNG project, including the respective regulatory obligations of the facility owner and operator, and the civil and criminal penalties for non-compliance.
    • Assisting corporate clients under investigation by the Department of Environment Regulation, including attending interviews as legal adviser to protect client’s interests and ensure regulator follows correct procedure.
    • Advising on works approvals and licences in respect of prescribed premises under the Environmental Protection Act 1986 (WA) and Regulations.
    • Advising on classification and reporting of contaminated sites, under the Contaminated Sites Act 2003 (WA).
    • Advising on responsibility for contaminated land, including making and responding to applications for determination of responsibility by the Contaminated Sites Committee (WA).

    Regulatory (General)

    • Advising on anti-bribery and corruption (ABC) obligations in Australia and reviewing related policy documents, including code of ethics, ABC policies, employee handbook.
    • Advice on compliance with Australian sanctions regime, in particular relating to military goods and technology.
    • Advice on movement of goods potentially containing hazardous substances regulated by Australian law.
    • Advice on product labelling requirements under Australian law.
    • Advising non-Australian company on entry into the Australian ticket resale market.

    Commercial and Franchising

    • Extensive drafting experience, including commercial agreements (sale and supply, distribution, franchising, shareholder agreements), deeds, leases, licences and local laws.
    • Strategic advice on protection of property portfolio for a major not-for-profit.
    • Drafting franchise agreements, franchisor disclosure documents and advising on compliance with the Franchising Code of Conduct and the obligation of “good faith”.
    • Advising franchisors on third line forcing and preferred supplier arrangements.
    • Advising on infringement and protection of intellectual property rights.
    • Preparing terms and conditions, privacy policies and website user agreements.
    • Advising retailers on their obligations under the Competition and Consumer Act 2010 (Cth), on consumer rights, unconscionable conduct and misleading and deceptive conduct.

    Local Government

    • Supreme Court proceedings on behalf of local residents to challenge the incorrect procedure followed by a local government to dispose of its land under a long lease arrangement.
    • Advice to Shire regarding lease of a new Shire building, where prospective tenant attempted to back out of its commitment, leaving the Shire with significant losses.
    • Provision of advice to local governments on wide ranging issues, including land acquisition, liquor licensing, noise nuisance, declaration of members’ interests, interpretation of powers under constitution, drafting of local laws.
    • Conducting prosecutions on behalf of local governments for offences including planning, environmental and other regulatory breaches, and fraud.
    • Legal advisor to local government committees.

    Data Privacy

    • Conducting data privacy audit of Australian and New Zealand target entity (which holds high volumes of personal information) for UK client, including advice on EU GDPR.
    • Providing training on notifiable data breaches scheme and EU GDPR.
    • Preparing privacy policies, privacy notices, information security policy.

    Education

    • University of Western Australia, 2014
    • The University of Southampton, LL.B., (Hons), 2003

    Courts

    • Supreme Court of Western Australia, 2014
    • Supreme Ct. of England and Wales, 2006

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