Anita O’Hart

Principal Lawyer

Anita is an experienced environmental lawyer with expertise in litigation and a wide range of environmental, planning and climate matters.

Anita has a broad range of experience working with landholders, community and environment groups and local government. Anita has worked in the private and non-profit sectors, across jurisdictions, and in policy and law reform.

Anita holds a Bachelor of Laws (Hons) and is the author of The Community Litigants Handbook, Using the Planning Law to protect our environment.

Past Experience

  • 2022-2025

    • Advising and representing clients in multiple jurisdictions on coal and human rights for a safe climate

    • Public interest casework includes:

      Maules Creek Community Council Inc v Environmental Protection Authority and Maules Creek Coal Pty Ltd [2024] NSWLEC 71

      Judicial review concerning the EPA’s statutory duty in performing its licence review function, representing Maules Creek landholders and communities

      Bushfire Survivors for Climate Action Inc v Independent Planning Commission and Narrabri Coal Operations Pty Ltd [2023] NSWLEC 69

      Judicial review challenging the Independent Planning Commission’s consideration of climate impacts for Whitehaven’s underground coal mine expansion, representing bushfire survivors

  • 2010-2019

    Providing legal writing and research services to the Environmental Defenders Office (QLD) and the University of QLD, while raising a family

  • 2005-2010

    • Advised and represented public interest clients on a range of matters including litigation, policy and law reform, and major projects

    • Public interest casework includes the first Queensland climate challenge to a coal mine based on greenhouse gas emissions:

      Re Xstrata Coal Queensland Pty Ltd & Ors [2007] QLRT 33

      Queensland Conservation Council Inc v Xstrata Coal Queensland P/L & Ors [2007] QCA 338

  • 2001-2003

    • Advised and represented clients in a range of matters across multiple jurisdictions, including in relation to planning and environmental law, native title law, property law, and contracts

    • Experience includes acting for applicants for development in the NSW Land and Environment Court, local government and community groups

    • Public interest casework includes:

      Association for Berowra Creek Inc v The Minister for Planning & Anor [2003] NSWLEC 38

      Successful Class 4 application based on failure to assess as designated development, acting for members of the Berowra community

      Plumb v Penrith City Council and Anor [2002] NSWLEC 223; [2003] NSWLEC 161

      Judicial review challenge to a development consent based on a failure to prepare a species impact statement

      Wolgan Action Group Incorporated v Lithgow City Council [2001] NSWLEC 199

      Successful Class 4 judicial review proceedings based on Council’s failure to properly notify, acting for community representatives

  • 1997-1999

    • Advised and represented clients on a range of matters in commercial litigation and personal injuries insurance litigation