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Tanya Knauer

Special Counsel

Tanya Knauer

Special Counsel

Tanya Knauer, Special Counsel, is based in P&E Law's Cairns office and practises throughout the State. Tanya has been practising in planning and environment and government law since 1993, advising government clients, developers and individuals in the Far North and Statewide.

Tanya regularly appears in the Planning and Environment Court and has a particular interest in local projects involving planning and infrastructure issues.

Tanya also has extensive experience in interpreting and advising on a broad range of planning and development legislation, including the Planning Act 2016 (Qld) (and the superseded planning Acts), the Local Government Act 2009 (Qld), the Building Act 1975 (Qld), the Environmental Protection Act 1994 (Qld), the Environmental Offsets Act 2014 (Qld), the Water Act 2000 (Qld), the Water Supply (Safety and Reliability) Act 2008 (Qld), the Coastal Protection and Management Act 1995 (Qld), the Wet Tropics World Heritage Protection and Management Act 1993 (Qld), the Environment Protection and Biodiversity Conservation Act 1999 (Cth), the Great Barrier Reef Marine Park Act 1975 (Cth), the Transport Infrastructure Act 1994 (Qld), the State Development and Public Works Organisation Act 1971 (Qld) and the Airport Assets (Restructuring and Disposal) Act 2008 (Qld).


Projects

  • Provision of advice to government and private entities in relation to the Cairns Esplanade project, the Cityport development, the Cairns Airport redevelopment, the Cairns Shipping Development Project and the Port Hinchinbrook development.

Planning and Environment Law

  • Appeals and originating applications in the Planning and Environment Court.
  • Advice work in relation to all aspects of development, including historical issues, the development assessment process, due diligence, covenants and conditions.
  • Advice work in relation to environmental harm, environmental authorities and environmental offsets.

Legislative Drafting

  • Drafting, reviewing and advising in relation to planning schemes, infrastructure planning and charging documents, local laws and Land Use Plans for port land and airport land.

Infrastructure

  • Appeals and advice work in relation to infrastructure planning and charging.
  • Drafting and negotiating infrastructure agreements in relation to a variety of infrastructure.
  • Advising on the infrastructure designation process and requirements under the planning legislation.
  • Advice work in relation to water supply and sewerage issues, including service areas, compliance and enforcement issues, charging and metering, and review of Customer Service Standards and Trade Waste Policies.

Enforcement

  • Advising in relation to enforcement options and evidentiary issues.
  • Preparing and settling show cause and enforcement notices and other compliance notices under various legislation.
  • Responding to notices on behalf of clients.
  • Representing clients in the Planning and Environment Court and Magistrates Court in relation to enforcement matters.

Training Services

  • Providing training to government clients with respect to planning and environment and government issues, including disaster management and liability, development, enforcement and infrastructure.

  • Yorkeys Knob BP Ptd Ltd v Cairns Regional Council [2022] QPEC 6

    Successfully defended the Council's refusal of a development application for a material change of use for a service station, shop and food and drink outlet and associated boundary realignment on Rural zoned land located within the Barron River floodplain and within an inter-urban break. The primary issues were need, rural character and scenic amenity and town planning.

  • Yorkeys Knob BP Ptd Ltd v Cairns Regional Council [2022] QCA 168

    Successfully resisted the Appellant's application for leave to appeal to the Court of Appeal against the P&E Court's decision to uphold Council’s refusal of the development application

  • Northern Sands Pty Ltd v Cairns Regional Council [2023] QPEC 31

    Successfully defended the Council's refusal of a development application for a service station/truck stop, shop and fast food tenancies on Rural zoned land located in the Barron River floodplain and within an inter-urban break. The primary issues were need, rural character and scenic amenity and town planning (including the weight to be given to existing approvals).

  • Bronco Dino Pty Ltd Ors v Cassowary Coast Regional Council [2023] QPEC 15 [2023] QPEC 15

    Successfully defended two submitter appeals against the Council's approval of a development application for a small hard rock quarry located on Rural zoned land. The primary issues were noise, dust, blasting, stormwater, groundwater,quarry operations, need, ecology and town planning (including the weight to be given to existing approvals).

  • Kenfrost (1987) Pty Ltd v Cairns Regional Council & Ors [2024] QPEC 15

    Successfully defended the Council's refusal of a development application for a material change of use (preliminary approval including a variation request)for Stage 4 of a residential subdivision and reconfiguring a lot for that purpose (3 into 65 lots)on flood prone(substantially)Rural zoned land.The primary issues were flooding and the burden of responsibility for maintenance of an excavated basin in the floodplain, agronomy, rural character, need and town planning(including the weight to be given to existing approvals).