Marylouise Potts BSc, LLB, Grad Dip Phys, Certificate of International Trade Law (Cum Laude), Certificate in company secretarial practice, Executive MBA (merit) | |
She has practiced in top tier commercial law firms, in house with a government Department of Resources and Energy and as general counsel of a large proprietary company. Over that time she has had a keen interest in water, mining and energy law, and the green economy. | |
In February 2011, Marylou Potts Pty Ltd [MLPPL] became an incorporated legal practice. Since then MLPPL has specialized in advising and representing landholders who have miners seeking access to their land. In this respect, MLPPL has: | |
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Advised landholders of their rights under Petroleum Act 1984 (NT) Water Act (NT) Pipelines Act |
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Advised landholders of their rights in relation to the proposed APA Western Slopes Pipeline |
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Advised landholders of their rights in relation to ARTC's greenfields Inland Rail Track from Narromine to Narrabri in NSW. |
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Advised landholders in 12 land access arbitrations: successfully preventing the explorer from gaining access in 5 of these properties; in 2 others the landholders had determined access arrangements which the miner breached enabling the landholder to refuse access pursuant to s141 of the Mining Act; in 3 others the miner discontinued seeking access; in 1 determined access arrangement the miner has not yet sought access. |
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Successfully represented landholders in the Southern Highlands of NSW in the Land and Environment Court appeal before Chief Justice Preston where he held that improved pastures, crops, cattle laneways, driveways, equestrian eventing courses and improved tracks were capable of falling within the definition of significant improvement in the Mining Act 1992 (NSW) [Martin & Ors v Hume Coal Pty Ltd [2016] NSWLEC 51] |
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Advised landholder clients, including community groups and councils, of their rights under the Mining Act 1992 (NSW) and the Petroleum (Onshore) Act 1991 (NSW) Petroleum Act (NT) |
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Drafted access arrangements and amendments to the Government Template access arrangement to protect landholder significant improvements and provide protection from pollution and contamination |
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made a submission to NSW Government Department of Planning objecting to Stage 3 of AGL Upstream Investments Pty Ltd's (AGLUI) Camden Gas Project (CGP) and AGLUI compliance with its groundwater obligations under its petroleum production leases 1, 2 & 4. AGLUI has fracced 117 of its 135 wells |
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presented on various mining and onshore petroleum topics including "Coal Seam Gas: its legislative framework" at a forum for country lawyers hosted by the NSW Farmer's Association in June |
> | drafted "Rights of the Landholder for the Protection of Groundwater in the Project Areas constituting AGL CGP Stages 1 and 2" |
> | formally invited and made a written submission to NSW Legislative Council General Purpose Standing Committee No.5 inquiry into coal seam gas |
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a member of the Mining Reference Group of the NSW Farmers Association |
MLPPL represents community groups representing landholders in drafting access arrangements with CSG mining companies holding petroleum exploration licences (PEL) or mining companies holding mining exploration licences (MELs) over their property.