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Our experienced Resources legal team regularly publishes articles and updates - the full list of publications appears below. From environmental reforms in the mining industry, to the new Commonwealth regime for environmental assessment of projects, read about the changes sweeping the vast resources sector. If you'd like to be notified when we add new resources publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

Read about Allens Arthur Robinson's extensive experience in the resources industry.

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    21 July 2010
    Focus: Personal property securities reforms and the mining and petroleum industries

    The far-reaching Personal Property Securities Act 2009 (Cth) is due to come into force in May 2011 and businesses operating in the mining and petroleum sectors will be affected. It covers a wide range of transactions, not just security interests. It is not limited to consumer transactions, and significantly alters aspects of commercial law and contracts law. Partners David Maloney and Diccon Loxton report on how the changes will affect the mining and petroleum industries

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    13 July 2010
    Focus: Significant reforms proposed for native title agreements

    The Federal Government has just released a Discussion Paper outlining a number of measures which, if implemented, would make some significant changes to the negotiation, content, administration and approval of native title agreements. Partner Ben Zillmann and Senior Associate Rochelle Carey explore some of the central themes of the Discussion Paper

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    09 July 2010
    Focus: New minerals tax responds to industry concerns

    The Federal Government has announced that it proposes to replace the previously announced Resource Super Profits Tax with a new Minerals Resource Rent Tax that will apply to iron ore and coal projects, and to extend the scope of the existing Petroleum Resource Rent Tax to cover onshore oil and gas projects. Partner Katrina Parkyn and Senior Associate Rory O'Brien report on how the new Minerals Resource Rent Tax responds to industry's key concerns about the previous Resource Super Profits Tax, and what the extension of the Petroleum Resource Rent Tax is likely to mean for onshore oil and gas projects in Australia

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    07 July 2010
    Focus: Revising Australia's foreign investment policy in the national interest

    In response to significant increases in foreign investment, Australia's foreign investment policy has been updated to clarify the rules that will be applied when reviewing investment proposals by foreign investors especially those from foreign governments and their related entities. Partner Jeremy Low and Lawyer Tim Cardiff report on the changes and their implications

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    06 May 2010
    Client Update: Resource exploration rebate

    As part of its response to the Henry tax review, the Federal Government has announced that it intends to introduce a refundable tax offset for eligible exploration expenditure. Senior Associate Katrina Parkyn looks at how the offset will work and who will benefit

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    03 May 2010
    Focus: The resource super profits tax

    The Federal Government has announced that it intends to introduce a resource super profits tax as the centrepiece of the tax reforms announced as part of the Henry Review. Although the new tax bears some similarity to the existing Petroleum Resource Rent Tax which applies to many off-shore petroleum projects, it differs in a number of very significant respects. Partner Grant Cathro and Senior Associate Rory O'Brien report

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    29 April 2010
    Client Update: Changes to exploration licences and land access arrangements in NSW

    Legislation has been introduced into NSW Parliament to overcome the difficulties caused by a recent NSW Supreme Court decision which called into question the validity of land access arrangements for mining and petroleum exploration that did not have consent of all 'landholders', being those with registered interests on title such as mortgagees and easement holders who did not have any right to possession of that land. Partner Jim Parker and Lawyer Tom Cregan report

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    22 April 2010
    Focus: Implementing a resource rent tax

    The Henry Tax Review is widely expected to recommend that the Commonwealth Government introduce a resource rent tax for all mining and petroleum operations within Australia. Partner Grant Cathro and Lawyer Ada Lam explain how a resource rent tax would operate, and consider some of the issues that are likely to arise from its implementation

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    13 April 2010
    Focus: Coal seam gas water management in Queensland

    Following the release of its Management of Water Produced from Coal Seam Gas Production Discussion Paper in May 2009, the Queensland Government has issued its overarching guidelines on the management of coal seam gas activities and the beneficial use of coal seam gas water. As a follow up to our audio update Partner Bill McCredie, Special Counsel Philip Murray and Senior Associate Suzanne Westgate report on the Beneficial Use Guideline

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    12 March 2010
    Focus: Exploration licences and land access arrangements in NSW

    In a recent judgment, the Supreme Court of NSW considered the validity of land access arrangements where not all those with an interest in the property (in this case, the mortgagees) had been notified of the licence holder's intention to obtain access arrangements, nor were the mortgagees party to such arrangements. Partner David Maloney and Senior Associate Georgina Cowdroy report

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    02 March 2010
    Client Update: Agriculture v mining - Queensland moves to protect key cropping land

    To ensure key food-producing land in Queensland is protected in the long term, the Queensland Government has created a new policy and planning framework for how other forms of development, such as mining and urban development, are to be undertaken on 'strategic cropping land'. Project proponents with 'incompatible' uses on declared strategic cropping land may find their projects cannot proceed. Partner Ben Zillmann and Senior Associate Rochelle Carey examine some of the key elements to the policy

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    04 February 2010
    Focus: Important changes to Australia's foreign investment rules

    The Foreign Acquisitions and Takeovers Act 1975 (Cth) has been amended so that transactions that result in foreign investors gaining, whether now or in the future, influence or control over an Australian company are now subject to Australia's foreign investment rules. In addition, there have been several other developments in foreign investment regulation, as Partners Alex Ding and Phillip Cornwell and Lawyer Tim Cardiff report

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    15 January 2010
    Client Update: Abolition of office of Victorian Mining Warden recommended

    The Victorian State Services Authority has reported on its review of the role of the Victorian Mining Warden. The report's recommendations include the abolition of the office of Mining Warden and the redirection of most of its functions to other existing entities. Partner Igor Bogdanich and Lawyer Ben Strate discuss the key aspects of the report

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    10 December 2009
    Focus: Validity of 'other insurance' clauses

    The High Court has recently confirmed that section 45(1) of the Insurance Contracts Act 1984 (Cth) does not void an 'other insurance' provision that limits the insurer's liability where the insured is named as a non-party insured in another insurance policy.The High Court confirmedthat s45(1) only applies to provisions affecting double insurance where the insured is a party to the other contract of insurance. Partner Jenny Thornton and Lawyer Clara Wren consider the case

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    20 November 2009
    Client Update: Western Australia's Strategic Energy Initiative 2030

    Strategic Energy Initiative 2030, a discussion paper that aims to deliver a framework to secure Western Australia's long-term energy needs, has been released. Partner Angus Jones and Senior Associate Valeria Cooney report on the start of a challenging process

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    14 October 2009
    Client Update: Committee reports on managing gas supply disruptions in WA

    The WA Gas Supply and Emergency Management Committee has published its report to Government, which provides recommendations for managing future gas supply disruptions in WA and mitigating their impact. Partner Darren Murphy and Lawyer Robert French report.

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    24 August 2009
    Client Update: Mining industry support for Safe Work Australia Bill

    The passage of the Safe Work Australia Bill 2008 through Parliament should facilitate progress towards harmonised occupational health and safety laws throughout Australia, including the occupational health and safety laws applying in the minerals and mining sector. Partner Igor Bogdanich and Senior Associate Ric Morgan report.

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    20 August 2009
    Client Update: Bold reforms proposed for WA approvals system

    Partner Darren Murphy and Law Graduate Joseph Freeman report on the recently released review of the approvals processes for petroleum and mining projects in Western Australia

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    12 August 2009
    Paper: Recent developments in Australian oil and gas regulation

    Partners Angus Jones and David Maloney provide an overview of recent developments in oil and gas regulation in Australia, including the proposed Carbon Pollution Reduction Scheme, carbon capture and storage, petroleum resource rent tax amendments, a review of the retention lease policy, Western Australian domestic gas reservation policy and coal seam gas and overlapping title legislation in Queensland

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    05 August 2009
    Client Update: Changes to FIRB review guidelines

    Partner Igor Bogdanich and Lawyer Ben Strate report on reforms to Australia's foreign investment review laws announced by the Federal Government yesterday

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    17 July 2009
    Focus: New uranium mine approved

    The Federal Government has approved a new uranium mine in South Australia.Under the Commonwealth Environment Protection and Biodiversity Conservation Act, the proposal required assessment as a nuclear action,and no other controlling provisions were determined to apply under the Act, despite the environmental concerns raised by the proposed extraction process. We examine the approval and what it means for Australian's uranium mining industry

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    30 June 2009
    Client Update: Review of Victorian mineral resources legislation

    The Victorian Department of Primary Industries is conducting a review of the Mineral Resources (Sustainable Development) Act 1990 and had released an issues paper to prompt public submissions. Now that submissions have closed, Partner Igor Bogdanich and Lawyer Myra Stirling discuss some of the key discussion points raised by the paper, and the proposed next steps in the review

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    14 May 2009
    Focus: Coal seam gas water management in Queensland

    Following the release of its coal seam gas water policy in October 2008, the Queensland Government has now released the iManagement of Water Produced from Coal Seam Gas Production/i Discussion Paper, which proposes to 'tighten' Queensland's current coal seam gas water regulatory regime to achieve greater beneficial use. Partner Bill McCredie, Special Counsel Philip Murray and Senior Associate Suzanne Westgate report

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    15 April 2009
    Client Update: Mining now under jurisdiction of NSW Land and Environment Court

    From 7 April 2009 all mining legal proceedings under the Petroleum (Onshore) Act 1991 (NSW) and Mining Act 1992 (NSW) must be commenced in the Land and Environment Court of NSW. Partner Paul Lalich and Lawyer Brooke Newell outline the Land and Environment Court's new jurisdiction and procedure for such matters

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    15 April 2009
    Client Update: WA exploration incentive scheme

    The Western Australian Government has recently launched an $80 million incentive scheme aimed at increasing minerals and petroleum exploration in WA. A key component of the scheme is a co-funded government/industry drilling program, with funding applications having opened on 8 April 2009. Partner Gerard Woods and Lawyer Clara Wren discuss some key features of the scheme

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    07 April 2009
    Focus: Cambodia Legal Update

    We look at the legal regime for mergers, recent regulatory developments in the banking industry, key issues under the current mining regime and the National Social Security Fund scheme

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    06 April 2009
    Focus: Safety at Work

    In our quarterly Focus on safety at work, we look at the second report on harmonisation of occupational health and safety laws in Australia, the dangers for employers even if an occupational health and safety risk is not located on work premises, risk assessment and the Beaconsfield Gold Mine disaster, the s28(a) defence in NSW, and the high penalties attracted by a failure to manage well-known risks to safety at work.

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    13 January 2009
    Focus: Native Title

    As part of its commitment to 'close the gap' between Indigenous and non-Indigenous Australians, the Federal Government is seeking ways to improve the delivery of benefits to traditional owners from native title agreements, and input on its public discussion paper. Meanwhile, in Victoria, a joint government-traditional owner steering committee has proposed a major overhaul of the settlement of native title claims in that state, we also update on the new national representative body and on proposed changes to native title legislation

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    24 December 2008
    Focus: Climate Change

    The Federal Department of Climate Change recently released an exposure draft of legislation and regulations for the Federal Government's proposed expanded national renewable energy target scheme. Partner Grant Anderson and Lawyer John Henderson look at the draft legislation and some associated proposals

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    22 December 2008
    Focus: Indonesia

    After three years of debate, the Bill on Mineral and Coal Mining was finally passed by the Indonesian House of Representatives on Tuesday, 16 December 2008. This new law will come into force once approved by the President and promulgated by the Ministry of Laws and Human Rights. Allens partner, David Holme and Widyawan & Partners Senior Partner, Widyawan, and Senior Associate, Ponco Prawoko, look at the key provisions of the new law

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    19 December 2008
    Focus: Resources

    The Productivity Commission has released its draft report on the Review of Regulatory Burden on the Upstream Petroleum (Oil and Gas) Sector. Partner Darren Murphy and Lawyer Viede Thipthorp look at the recommendations, which include a proposal for a national petroleum regulator.

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    19 November 2008
    Focus: Resources

    The new coalition Government of Western Australia has announced that the ban on uranium mining in the State will be lifted. This announcement overturns the policy of the previous State Labor Government and paves the way for development of significant uranium resources in Western Australia. Partner Gerard Woods and Lawyer John Koshy look at the implications of the policy turnaround

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    09 October 2008
    Focus: Resources

    In response to a recent New South Wales Court of Appeal decision, the NSW Government has moved quickly to introduce legislation that provides certainty for the mining industry in circumstances in which landowner consent is required over land on which there exists a significant improvement. Partner Tony Wassaf and Law Graduate Victoria Ho report on this development

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    30 September 2008
    Client Update: Climate Change

    The Garnaut Climate Change Review's Final Report, which was released today, contains no surprises but simply confirms many of the findings and recommendations made in the Review's previous reports. Partner Grant Anderson reports

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    08 September 2008
    Focus: Resources

    The Geothermal Reporting Code, the world's first uniform code to guide the public reporting of geothermal data, was released in August 2008 by the Australian Geothermal Energy Association and the Australian Geothermal Energy Group. In a further significant development, the Federal Government recently launched the Geothermal Drilling Program, through which $50 million will be allocated to support geothermal projects in Australia

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    05 September 2008
    Client Update: Climate Change

    Professor Ross Garnaut's Supplementary Draft Report released today proposes a 'soft approach' to emission reduction targets, with the development of a comprehensive international agreement being critical to Australia accepting increased targets. Partner Matthew Skinner and Senior Associate Suzanne Westgate report

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    24 July 2008
    Focus: Climate Change

    Following on from our summary of the Federal Government's Green Paper on its proposed Carbon Pollution Reduction Scheme released on 16 July 2008, Partner Grant Anderson discusses in greater detail the proposals regarding the design of that Scheme

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    08 July 2008
    Focus: Climate Change

    Following on from his summary of the draft report of the Garnaut Climate Change Review released on 4 July 2008, Partner Grant Anderson discusses in greater detail some of the principal findings and recommendations of the draft report

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    04 July 2008
    Client Update: Climate Change

    The eagerly awaited draft report of the Garnaut Climate Change Review was released at lunchtime today. Partner Grant Anderson and Senior Associate Suzanne Westgate provide initial commentary on the findings of the draft report

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    02 July 2008
    Focus: Climate Change

    On June 26, the Federal Climate Change Minister Penny Wong released the National Greenhouse and Energy Reporting Regulations 2008, providing important detail for companies who may be required to report under the National Greenhouse and Energy Reporting Scheme which commences on 1 July 2008. Partner Grant Anderson, Senior Associate Robyn Glindemann and Lawyer Jess Moir look at the new regulations

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    18 June 2008
    Focus: Resources

    When the Mining Amendment Act 2008 (NSW) commences later this year, mining companies operating in New South Wales will have to comply with an amended set of obligations and procedures. There will be new environmental regulation of mining operations; increased enforcement powers for authorities; and administrative changes to streamline compliance procedures. Partner Tony Wassaf and Lawyer Caspar Conde discuss the new legislation and its implications for mining entities

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    30 May 2008
    Focus: Climate Change

    The Federal Government has released its long-awaited exposure draft of the Offshore Petroleum Amendments (Greenhouse Gas Storage) Bill 2008. The Bill's purpose is to establish the framework for access to offshore geological storage formations, and the creation of property rights for greenhouse gas injection and storage activities in Commonwealth offshore waters. The Federal Government has described the legislation as being 'world first', and its terms will be subject to international scrutiny

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    29 April 2008
    Focus: Resources

    The Australia 2020 Summit findings on regulatory reform are particularly timely for the upstream oil and gas sector, with the Council of Australian Governments having recently asked the Productivity Commission to undertake a review of the regulatory burden on the upstream petroleum sector in Australia. Partner Darren Murphy and Law Graduate Nikki van der Meer look at the background and significance of the Productivity Commission's review

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    19 March 2008
    Focus: Energy

    The High Court of England and Wales recently considered whether a 'take or pay' provision is unenforceable because it is essentially a penalty. Although the final ruling maintained the status quo, it could have implications for Australian energy contracts which commonly use 'take or pay' clauses. Partner Angus Jones and Law Graduate Jackson Allen look at the case of M&J Polymer v Imerys Minerals

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    03 October 2007
    Focus: Energy

    The High Court of Australia has held unanimously that the Australian Competition and Consumer Commission had acted incorrectly and unreasonably in adopting its own methodology for determining the value of the Moomba-Sydney gas transmission pipeline. Partner David Maloney and Lawyer Andrew Daly consider the decision

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    04 September 2007
    Focus: Resources

    New legislation just passed by the Queensland Government effectively abolishes the Land & Resources Tribunal and confers its existing jurisdiction on the Land Court. Partner Ben Zillmann, Senior Associate Bill McCredie and Lawyer Oliver Lawson explain the changes

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    31 July 2007
    Focus: Resources

    The Federal Government's new petroleum legislation repeals the Petroleum Retail Marketing Sites Act 1980 and the Petroleum Retail Marketing Franchise Act 1980 and introduces a mandatory industry code that applies to a broader range of industry participants. Partner Chris Schulz and Lawyers Jaelle Berkovits and Scott Stiegler provide an overview of the new legislation, which commenced on 1 March this year

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    25 July 2007
    Client Update: Energy

    On 19 July, the Ministerial Council on Energy's Standing Committee of Officials released the second exposure drafts of the National Gas Law and National Gas Rules. Special Counsel Louise Thomson and Lawyer Damian Jacobs outline the key changes from the initial exposure drafts

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    01 June 2007
    Client Update: Climate Change

    The Prime Minister's Task Group on Emissions Trading has released its long-awaited findings. Partner John Greig and Senior Associate Suzanne Westgate provide initial commentary on the Task Group's findings

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    08 May 2007
    Focus: Aboriginal Cultural Heritage

    On 28 May 2007, a new system of Aboriginal heritage protection in Victoria will come into force. Cultural heritage management plans are a significant feature of the new regime, with draft regulations setting out when these plans will be required. Partner Chris Schulz and Senior Associate Penny Creswell take a look at the proposed requirements for Aboriginal heritage plans