Charlotte Osborne advises clients from all sectors on regulatory law. Within the Perth Real Estate team, Charlotte mainly advises in the areas of planning and environmental approvals, administrative and public law, and 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 general commercial law, focusing on the retail sector, with another international law firm in Perth. Charlotte also worked in the UK as a solicitor for six years, in the areas of local government law, planning and projects, and regulatory prosecutions.

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    Planning

    • Undertaking due diligence reviews of permissible land use (zoning) and operating permit requirements for the proposed use of target land. For example, the permissibility of “shop” and “showroom” uses on airport land, under the Port Hedland TPS.
    • Advising on scheme interpretation regarding bonus height provisions for a major new development in the City of South Perth.
    • Supreme Court proceedings to challenge the approval of a residential development in South Perth that did not comply with scheme requirements.
    • 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.
    • Court of Appeal proceedings in respect of the refusal of an application under the Liquor Control Act, concerning the redevelopment of a large format liquor store in Rockingham.
    • SAT 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).
    • 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

    • Providing strategic advice and support in respect of the Western Australia and Commonwealth environmental approval process for a major offshore energy project in Western Australia that attracted strong community opposition.
    • Conducting environmental due diligence in sale of business context, for both share and asset sales. Identifying materials risks for potential liability; advising on environmental investigations and contractual arrangements to mitigate risk; and the process to transfer regulatory approvals to the buyer.
    • 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).
    • Preparing approvals register for proposed solar and wind farm development in the Wheatbelt region of Western Australia.

    Native Title

    • Advising on the process for determination of a Native Title.
    • Drafting and negotiating a complex Indigenous Land Use Agreement in respect of a major project in the Pilbara region, in conjunction with advising on the environmental impact assessment process.
    • Providing strategic advice on the impact of a pending Native Title determination on existing mining tenements.
    • Delivering training on Native Title law.

    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.
    • Providing advice on compliance with Australian sanctions regime, in particular relating to military goods and technology.
    • Providing advice on movement of goods potentially containing hazardous substances regulated by Australian law, and 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.
    • 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.
    • Advising a local government CEO in respect of a Department of Local Government authorised inquiry.
    • 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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