Publications
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.
For publications in other legal areas see our recent publications page.
- 12 March 2010
Focus: Exploration licences and land access arrangements in NSWIn 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
- 02 March 2010
Client Update: Agriculture v mining - Queensland moves to protect key cropping landTo 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
- 04 February 2010
Focus: Important changes to Australia's foreign investment rulesThe 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
- 15 January 2010
Client Update: Abolition of office of Victorian Mining Warden recommendedThe 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
- 10 December 2009
Focus: Validity of 'other insurance' clausesThe 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
- 20 November 2009
Client Update: Western Australia's Strategic Energy Initiative 2030Strategic 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
- 14 October 2009
Client Update: Committee reports on managing gas supply disruptions in WAThe 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.
- 24 August 2009
Client Update: Mining industry support for Safe Work Australia BillThe 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.
- 20 August 2009
Client Update: Bold reforms proposed for WA approvals systemPartner 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
- 12 August 2009
Paper: Recent developments in Australian oil and gas regulationPartners 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
- 05 August 2009
Client Update: Changes to FIRB review guidelinesPartner Igor Bogdanich and Lawyer Ben Strate report on reforms to Australia's foreign investment review laws announced by the Federal Government yesterday
- 17 July 2009
Focus: New uranium mine approvedThe 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
- 30 June 2009
Client Update: Review of Victorian mineral resources legislationThe 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
- 14 May 2009
Focus: Coal seam gas water management in QueenslandFollowing 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
- 15 April 2009
Client Update: Mining now under jurisdiction of NSW Land and Environment CourtFrom 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
- 15 April 2009
Client Update: WA exploration incentive schemeThe 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
- 07 April 2009
Focus: Cambodia Legal UpdateWe 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
- 06 April 2009
Focus: Safety at WorkIn 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.
- 13 January 2009
Focus: Native TitleAs 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
- 24 December 2008
Focus: Climate ChangeThe 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
- 22 December 2008
Focus: IndonesiaAfter 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
- 19 December 2008
Focus: ResourcesThe 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.
- 19 November 2008
Focus: ResourcesThe 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
- 09 October 2008
Focus: ResourcesIn 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
- 30 September 2008
Client Update: Climate ChangeThe 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
- 08 September 2008
Focus: ResourcesThe 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
- 05 September 2008
Client Update: Climate ChangeProfessor 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
- 24 July 2008
Focus: Climate ChangeFollowing 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
- 08 July 2008
Focus: Climate ChangeFollowing 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
- 04 July 2008
Client Update: Climate ChangeThe 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
- 02 July 2008
Focus: Climate ChangeOn 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
- 18 June 2008
Focus: ResourcesWhen 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
- 30 May 2008
Focus: Climate ChangeThe 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
- 29 April 2008
Focus: ResourcesThe 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
- 19 March 2008
Focus: EnergyThe 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
- 03 October 2007
Focus: EnergyThe 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
- 04 September 2007
Focus: ResourcesNew 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
- 31 July 2007
Focus: ResourcesThe 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
- 25 July 2007
Client Update: EnergyOn 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
- 01 June 2007
Client Update: Climate ChangeThe 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
- 08 May 2007
Focus: Aboriginal Cultural HeritageOn 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
- 27 March 2007
Focus: EnergyIn March, the Standing Committee of Officials of the Ministerial Council on Energy released its response to submissions on the exposure draft of the National Gas Law. Senior Associate Louise Thomson and Lawyer Damian Jacobs discuss the proposed reforms and their ongoing evolution
- 20 March 2007
Focus: ResourcesAs the question of using nuclear energy in Australia heats up, Partner Anna Collyer and Lawyer Jeremy Loeliger revisit the major aspects of the Federal Government's recent report on uranium mining, processing and energy
- 16 March 2007
Focus: ResourcesAgainst the backdrop of the recent report to the Federal Government on uranium mining, processing and the production of nuclear energy by the Uranium Mining, Processing and Nuclear Energy Review Taskforce, Senior Associate Igor Bogdanich and Lawyer Jeremy Loeliger set out the key elements of the regulatory regimes that currently govern the mining of uranium, and the construction and operation of nuclear power plants, in Australia
- 14 March 2007
Focus: Environment & PlanningThe State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007, which was gazetted on 16 February 2007, should bring some welcome consistency to certain aspects of planning law to these industries across NSW. It may be of more limited assistance for coal and mineral sands miners. Senior Associate Felicity Rourke looks at the new policy
- 01 March 2007
Client Update: EnergyThe Queensland Government has legislated to ban the construction or operation of nuclear facilities in the state. As Partner Ken MacDonald and Lawyer John Hedge report, this was prompted by the Federal Government's moves to consider the use of nuclear energy to help meet Australia's future energy needs
- 16 February 2007
Client update: ResourcesIn a landmark decision for the Queensland mining industry, the Queensland Land and Resources Tribunal has handed down its first ruling regarding greenhouse gas emissions. Lawyer Oliver Lawson and Partner Ben Zillmann report
- 07 February 2007
Client update: Native TitleThe decision in the Wongatha native title claim was expected to clarify the native title position for all who live and work in the WA goldfields region. However, following the Federal Court's decision, the native title position in the goldfields remains unclear. Senior Associates Robyn Glindemann and Kate Barrett explain
- 08 December 2006
Focus: EnergyOn 12 October 2006 the Western Australian Government released its domestic gas supply policy statement. To meet the state's long-term energy security and economic development, the WA Government will negotiate with proponents of export LNG projects to obtain a domestic gas supply commitment up to the equivalent of 15 per cent of LNG production from each new LNG project. Partner Gerard Woods and Law Graduate Clare McNeill report
- 09 November 2006
Focus: ResourcesThe recent Supreme Court of Victoria decision in Beaconsfield Gold NL & Ors v Allstate Prospecting Pty Ltd & Ors centred on a pre-emptive rights clause in an unincorporated joint venture agreement, and whether or not the clause was triggered by a change in ownership in the 'corporate tree' of a joint venturer.
