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Read our Climate Change blog which provides regular insights and analysis on this rapidly changing area of law.
- 12 December 2011
Audio: Durban climate wrap: another new roadmapThe latest round of climate change talks, held in South Africa, resulted in an agreement to extend the Kyoto Protocol and a roadmap to guide future negotiations towards a comprehensive treaty. Lawyer Fergus Green spoke to Boardroom Radio about what the outcome in Durban means for future climate change negotiations and the Australian carbon pricing scheme
- 11 November 2011
Focus: Carbon price scheme becomes law - what to do nextThe Federal Parliament has passed legislation to establish an Australian carbon pricing scheme, which will operate initially like a carbon tax, with a fixed (but increasing) carbon permit price, and will then transition into a cap and trade scheme after three years. Partner Grant Anderson and Lawyer Fergus Green report on this historic development
- 13 October 2011
Client Update: Carbon pricing legislation crosses first hurdleFollowing the release of the policy package agreed by the Multi-Party Climate Change Committee, together with exposure draft legislation to implement that policy, the introduction of a package of 18 Bills into Parliament, and a report on that legislation by a joint parliamentary committee, the Federal Government's carbon pricing scheme legislation has been passed by the lower House of Parliament. Partner Grant Anderson reports
- 12 October 2011
Audio: Clean Energy Bill passes House of RepsThe House of Representatives today passed key legislation to set up a carbon pricing scheme. Partner Grant Anderson spoke to Boardroom Radio about the next steps for the passage of the legislation and what businesses need to begin doing to meet the legislation's requirements
- 23 September 2011
Client Update: Jobs and Competitiveness Program regulations releasedThe Department of Climate Change and Energy Efficiency has released exposure draft regulations to establish the assistance program under which free carbon units issued pursuant to the carbon pricing scheme will be provided to emissions-intensive trade-exposed industries. Partner Grant Anderson reports
- 16 September 2011
Focus: Carbon pricing scheme legislation introducedFollowing the recent release of both its climate change policy, Securing a clean energy future: The Australian Government's climate change plan, and exposure draft legislation to implement its proposed carbon pricing scheme, the Federal Government has introduced its clean energy legislation package into the House of Representatives. Partner Grant Anderson reports on the principal differences between the exposure draft legislation and the legislation package as introduced into Parliament
- 25 August 2011
Focus: Carbon Farming Initiative legislation passedThe Federal Parliament has passed legislation to implement the Government's previously announced Carbon Farming Initiative, under which landholders may establish land-based carbon abatement and sequestration projects that generate tradeable carbon credits. Partner Grant Anderson and Lawyer Naomi Snyder report
- 03 August 2011
Focus: Who will be liable under the carbon pricing scheme?The Federal Government has released exposure draft legislation to establish its proposed carbon pricing scheme. Partner Grant Anderson identifies the entities that will be directly liable under the scheme and outlines some of the issues to be considered in structuring a corporate group's carbon liability
- 28 July 2011
Audio: Clean Energy Bill releasedThe Federal Government has today released a suite of draft legislation designed to set up the proposed carbon price regime. Partner Grant Anderson spoke to Boardroom Radio about the legislative package and the next steps
- 25 July 2011
Focus: Foreign investment implications of the Australian carbon pricing schemeThe Australian Government has released details of its proposed carbon pricing scheme, which will operate initially like a carbon tax with a fixed (but increasing) carbon permit price and will then transition into a cap and trade scheme after three years. This scheme is set to be implemented in legislation that is to be introduced into the Australian Parliament later this year. Partners Grant Anderson and David Wenger report
- 15 July 2011
Client Update: ACCC to police carbon taxAs part of the Federal Government's announcement this week to introduce a carbon pricing scheme (commonly referred to as a 'carbon tax'), a new dedicated 20-person ACCC team will be formed to investigate false and misleading claims by businesses in relation to the impact of the tax on their prices. Partners Fiona Crosbie and David Brewster look at the competition risks for businesses
- 12 July 2011
Focus: Carbon pricing schemeThe Federal Government has released details of its proposed carbon pricing scheme, which will operate initially like a carbon tax with a fixed (but increasing) carbon permit price and will then transition into a cap and trade scheme after three years. This scheme is the result of negotiations within the Multi-Party Climate Change Committee and is set to be implemented in legislation that is to be introduced into Parliament later this year. Partner Grant Anderson and Lawyer Fergus Green report.
- 10 July 2011
Audio: Carbon Tax details releasedThe Federal Government has released the framework for its carbon tax scheme. Grant Anderson speaks to Boardroom Radio about the scheme and what businesses should be doing now to prepare for it
- 08 June 2011
Audio: GST outlook for carbon pricingThe Federal Government's proposed carbon tax scheme will have GST implications for major emitters and businesses that receive government assistance. Partner Ross Stitt speaks to Boardroom Radio about the implications arising out of emissions permits and assistance for emissions-intensive trade-exposed industries
- 11 May 2011
Audio: Renewables get minimal funding in budgetThe Federal Government announced a range of changes to renewable energy programs in last night's Federal Budget. Partner Grant Anderson speaks to Boardroom Radio about these changes and how this will affect the renewables sector in Australia
- 06 May 2011
Focus: Not-so-dramatic SENEs - Draft Rule on scale efficient network extensions issuedThe Australian Energy Market Commission recently issued a Draft Rule and Draft Rule Determination on scale efficient network extensions. While the purpose of this was to facilitate more efficiently the connection of renewable and lower-emissions energy sources to the electricity grid, the adopted solution is considerably more conservative than the one the Ministerial Council on Energy originally proposed. Partner Anna Collyer and Lawyer Fergus Green report.
- 20 April 2011
Focus: Taxing the price of carbonThe Federal Government's proposed carbon pricing scheme may commence as early as July 2012. Many significant aspects of the scheme, including the relevant tax mechanisms, are yet to be settled. Partner Martin Fry comments on some key tax implications for affected companies.
- 31 March 2011
Focus: Garnaut update papersThe Federal Government's expert climate change adviser, Professor Ross Garnaut, has now released the last of his papers updating his 2008 climate change review. Partner Grant Anderson reports on the principal findings and recommendations of the update papers, which will be influential in the development of the Government's carbon pricing mechanism
- 01 March 2011
Focus: Government announces 'broad architecture' for new carbon priceThe Federal Government and the Greens have announced an agreement on high-level aspects of a new carbon price scheme. The scheme will operate in two phases - a fixed price phase (effectively a tax) and a floating price phase (emissions trading scheme) - and could commence as early as July 2012. Many significant aspects of the scheme, including the fixed price for permits in the first phase, the medium-term emissions reduction targets, the assistance package for industry, household compensation arrangements and the treatment of petrol have yet to be agreed. Partner Grant Anderson and Lawyer Fergus Green report
- 01 March 2011
Audio: Fixed carbon price announced but scheme not yet settledThe Federal Government and the Greens have announced an agreement on high-level aspects of a new carbon price scheme. Partner Grant Anderson speaks to Boardroom Radio about what has - and has not - been included in the proposed scheme
- 16 December 2010
Focus: Modest progress in Cancun climate talksInternational climate change talks in Cancun concluded last Saturday, with a package of formal 'decisions' that will give some support to the case for an Australian carbon price. But progress on the central issue of global emissions cuts was notably limited. Partner Grant Anderson and Lawyer Fergus Green report.
- 25 November 2010
Focus: Carbon Farming InitiativeThe Federal Government has released a consultation paper on the design of a scheme for the recognition and accreditation of land-based greenhouse gas abatements. This scheme, known as the Carbon Farming Initiative, will enable landholders and others to create tradable carbon credits from projects that reduce or sequester greenhouse gases.Partner Grant Anderson reports on the proposals
- 23 November 2010
Audio: Carbon Farming Initiative guidelines releasedThe Federal Government has released a consultation paper on the design of a scheme for the creation of tradeable land-based carbon credits. Partner Grant Anderson speaks to Boardroom Radio about how the scheme will work
- 24 September 2010
Audio: New energy efficiency disclosure obligations are you ready?Legislation designed to improve the energy efficiency of large buildings is set to begin on 1 November 2010. Partner Chris Schulz speaks to Boardroom Radio about how the legislation will affect owners and tenants of large buildings
- 07 September 2010
Focus: Planning for vulnerable Victorian coastal communitiesRecent decisions by the Victorian Civil and Administrative Tribunal have grappled with the difficult scenario of whether to permit intensified development in coastal areas known to be at risk of future flooding from climate change. The results appear dependent upon the status of broader infrastructure adaptation and mitigation actions by councils. The role of water authorities has also come under scrutiny.Partner Chris Schulz and Senior Associate Meg Lee report.
- 30 July 2010
Focus: Action Plan for Climate Change announced in VictoriaVictoria plans to reduce its carbon emissions by 20 per cent compared to 2000 levels by 2020, decreasing greenhouse emissions generated by brown coal power plants by up to four million tonnes by 2014. In the absence of a federal Carbon Pollution Reduction Scheme, the Brumby Government claims that the strategies in its Victorian Climate Change White Paper will make Victoria the national leader in addressing the challenges associated with climate change. Partner Grant Anderson, Senior Associate Charlie Harrison and Law Graduate Natasha McNamara report
- 28 July 2010
Focus: Energy efficiency: election promises and an updateLast week, the Gillard Government announced its election promises, including its intention to introduce various measures designed to promote energy efficiency in business and industry. In part one of this Focus Partner Chris Schulz and Lawyer Nadia Harrison outline policy announcements on coal-fired power stations, light vehicles and tax deductions for expenditure on commercial buildings. In part two theyprovide an update on the progress of the recently enacted energy efficiency disclosure regime for commercial buildings
- 06 July 2010
Focus: Changes to Renewable Energy Target scheme passedThe loss of momentum post-Copenhagen does not necessarily mean all carbon pollution reduction activity has stalled. Partner Anna Collyer and Law Graduate Natasha McNamara report on legislation that splits Australia's enhanced Renewable Energy Target scheme into separate large and small-scale schemes
- 13 May 2010
Audio: Renewable energy gets ETS savingsThe Federal Government announced this week the formulation of a Renewable Energy Future Fund. Partner Anna Collyer speaks to Boardroom Radio about the possible impact of the fund on the renewable energy industry
- 04 May 2010
Focus: Energy efficiency survives despite CPRS demiseWith last week's announcement by the Federal Government that the carbon pollution reduction scheme will not be introduced until at least 2013, regulatory initiatives designed to promote energy efficiency are likely to play an even greater role in Australian climate change policy.As part of our series on energy efficiency, we outline some recent developmentsin the building sector and the work of the Prime Minister's Task Group on Energy Efficiency
- 30 April 2010
Focus: CPRS delay turns out the lights on climate policyThe Federal Government this week announced plans to delay its Carbon Pollution Reduction Scheme until at least 2013. This unexpected backflip, which is inconsistent with the Government's previous strong rhetoric on the need for urgent action on climate change, will exacerbate industry uncertainty about the Government's climate change policy and damage Australia's international credibility. Partner Grant Anderson and Lawyer Fergus Green report
- 28 April 2010
Audio: Geothermal industry concerned by ETS demisePartner Anna Collyer recently chaired a Boardroom Radio roundtable discussion on the outlook for the geothermal industry. Anna speaks with Geodynamics Managing Director Gerry Grove-White and Australian Geothermal Energy Association Managing Director Susan Jeanes on a range issues relating to the geothermal industry
- 13 April 2010
Focus: Legislation to promote energy efficiencyNew legislation was introduced into Federal Parliament recently which, if passed, would impose energy related disclosure obligations on those offering to sell, lease or sub-lease office buildings of 2000m2 or more. This Focus is the first in a series on the Federal Government's policies to promote energy efficiency. Partner Chris Schulz and Lawyer Nadia Harrison report
- 05 March 2010
Audio: Renewables industry applauds RET splitThe Federal Government has announced significant changes to the Renewable Energy Target scheme that will split the scheme into small and large project schemes. Partner Anna Collyer speaks to Boardroom Radio about the impact of these changes on large renewable energy projects and the Federal Government's renewable energy targets
- 02 March 2010
Client Update: Changes to Renewable Energy Target scheme announcedChanges to the Renewable Energy Target scheme announced by the Federal Government will help progress projects to develop wind, solar and geothermal energy that have been on hold. Partner Grant Anderson and Lawyer Nick Buttner report
- 23 December 2009
Focus: Copenhagen - a (small) step forwardAfter years of planning, months of great expectation, weeks of negotiation, days of drama and a crucial few final hours of exasperated deal-making, world leaders emerged late last Friday with a tentative political accord that sets out the broad framework from which a comprehensive treaty to address climate change may eventually emerge. Partner Grant Anderson and Lawyer Fergus Green report on the outcome of the Copenhagen Conference and its implications for Australia
- 18 December 2009
Paper: One hat does not fit all - Climate change polices in the Asia Pacific regionPartner Grant Anderson and Lawyer Fergus Green review 13 Asian nations' climate change regimes
- 18 December 2009
Audio: Hopes for Copenhagen in final daysThe Copenhagen Climate Change Conference continues. Lawyer Fergus Green speaks to Boardroom Radio from Copenhagen about the latest negotiations at the conference
- 11 December 2009
Audio: Copenhagen talks progress despite leaked 'Danish texts'The Copenhagen Climate Change Conference is under way. Lawyer Fergus Green speaks to Boardroom Radio from Copenhagen about the latest negotiations at the conference
- 04 December 2009
Audio: ETS misses Copenhagen boatAustralian politics has been rocked by the Federal Government's plan to introduce an Emissions Trading Scheme. Partner Grant Anderson speaks to Boardroom Radio about how these developments will effect Australia's position at the Copenhagen conference
- 01 December 2009
Audio: Domestic climate change policyThe last 24 hours has seen Australian Prime Minister Kevin Rudd and United States President Barack Obama meet to discuss climate change policy and dramatic political developments in Australia stemming from the domestic climate change debate. Partner Darren Murphy and Vinson & Elkins Counsel Chris Carr speak to Boardroom Radio about the political tensions, the schemes that have been proposed in Australia and the United States and some of the key issues that need to be resolved
- 30 November 2009
Focus: No political bar to US power companies being sued for emitting carbon dioxideTwo recent decisions of Federal Courts of Appeal in different Circuits in the United States have reversed the trend in lower US Courts to allow claims for damages based on climate change to be brought under federal common law nuisance principles. A more recent third decision of a lower federal District Court in a different Circuit, however, is a reminder of the hurdles for any potential climate change plaintiffs. Partners Matthew Skinner and Annette Hughes and Lawyer Julie-Anne Pearce report
- 26 November 2009
Audio: Climate change in Asia PacificWith two weeks to go before the beginning of the Copenhagen Climate Change Conference, Allens Arthur Robinson has released an overview of climate change policies in the Asia Pacific region. Partner Grant Anderson speaks to Boardroom Radio about the possible outcomes of the conference and what the overview of climate change policy found
- 25 November 2009
Client Update: Federal Government's CPRS offerPartner Grant Anderson looks at the changes proposed by the Federal Government to its Carbon Pollution Reduction Scheme and compares them with the demands made by the Federal Opposition.
- 20 October 2009
Focus: National Registry of Emissions Units and Authority for the CDM and JI establishedThe Federal Government has fulfilled its Kyoto Protocol obligations by establishing the Australian National Registry of Emissions Units and the Australian National Authority for the Clean Development Mechanism (CDM) and Joint Implementation (JI). Australian individuals and organisations may now apply for registry accounts to hold and trade Kyoto units, as well as for approval to undertake CDM and JI projects. Partner Grant Anderson and Lawyer Amy Ward report
- 21 August 2009
Focus: Expanded renewable energy target scheme legislation passedThe Senate has passed legislation to implement Australia's new expanded national renewable energy target scheme. Partner Grant Anderson and Lawyer Ben Strate report
- 13 August 2009
Audio: Senate rejects CPRS BillAustralia's Senate today rejected the Federal Government's proposed Carbon Pollution Reduction Scheme. Partner and climate change law specialist Grant Anderson speaks to Boardroom Radio about what the defeat of the emissions trading scheme means for business and discusses the implications of the defeat on renewable energy legislation, which the Government had proposed to link to the CPRS
- 06 August 2009
Client Update: Draft South East Queensland Climate Change PlanThe Draft South East Queensland Climate Change Management Plan, which proposes actions to implement the climate change policies in the new South East Queensland Regional Plan, was recently released for public comment. Partner Bill McCredie, and Senior Associates Suzanne Westgate and Simon Batten report
- 31 July 2009
Audio: Carbon offset projects on indigenous landThe National Indigenous Climate Change Project helps indigenous groups to negotiate with energy and resources companies to run carbon-offset projects on native land. Senior Associate Emily Gerrard speaks to Boardroom Radio about the work of the project
- 07 July 2009
Focus: Senate standing committees report on CPRS legislation and US greenhouse legislation passes HouseThe Senate Standing Committee on Economics and the Senate Select Committee on Climate Policy have handed down their reports on the Federal Government's legislation to implement its proposed Carbon Pollution Reduction Scheme. These reports reflect the seemingly entrenched views of political players who will determine the fate of the legislation when it is voted on in August, and underscore the likelihood that the Senate will not pass the legislation in its current form - at least this time around. We also look at the greenhouse gas legislation that has recently been passed by the US House of Representatives
