Allens Arthur Robinson

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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

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In 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

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As 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

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Against 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

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The 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

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The 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

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In 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

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The 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

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On 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

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The 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.

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On 19 September 2006 Justice Wilcox of the Federal Court handed down the first determination of native title in a major capital city. Senior Associates Robyn Glindemann and Kate Barrett examine the key findings

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The Gas Market Leaders Group has submitted its National Gas Market Development Plan, which contains a number of recommendations for the development of a national gas market, including the introduction of a bulletin board providing market information and the design of a short-term trading market. Senior Associate Louise Thomson and Lawyer Alison Baxter examine these recommendations

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On 30 June 2006 the Queensland Competition Authority approved the recently submitted Queensland Rail draft access undertaking. Lawyer John Hedge reviews some of the major changes for access seekers, access holders, and end customers (particularly coal miners) between the approved 2006 access undertaking and the previous 2001 access undertaking

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The first challenge to the consideration of the effects of greenhouse gas emissions under the Commonwealth's environmental legislation has been dismissed by the Federal Court. Special Counsel Philip Murray and Lawyer Simon Batten report

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The Petroleum Resource Rent Tax Assessment Amendment Bill 2006 (Cth) was introduced into the House of Representatives on 25 May 2006. The Bill is designed to implement changes to Australia's primary offshore petroleum taxation system, the Petroleum Resource Rent Tax. The changes are to take effect from July 1 2006. Senior Associate Darren Murphy and Lawyer Patricia Neurauter comment on the key aspects of the Bill

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In May, the Ministerial Council on Energy formally responded to the Productivity Commission's 2004 review of the gas access regime. The response included measures to promote investment in new pipeline infrastructure by providing regulatory certainty for the first 15 years of a pipeline's operation. Specific legislation to implement those greenfields pipeline incentives has now been proposed. Senior Associate Louise Thomson and Articled Clerk Victoria Wark look at some of the details

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Victoria's infant geothermal energy industry is heating up with two recent significant developments. In April, the Victorian Minister for Energy Industries and Resources, Theo Theophanous, issued a formal invitation for applications for exploration permits pursuant to the Geothermal Energy Resources Act 2005 (Vic).

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The Ministerial Council on Energy has indicated that significant changes will be made to the national gas access regime in response to the Productivity Commission's 2004 review. An exposure draft of the new National Gas Law and Rules is now scheduled to be released in late July. Senior Associate Louise Thomson reviews the announced changes to the gas access regime in the context of the wider energy market reforms

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The preferred tenderers for the first geothermal exploration permits in Queensland were announced on 21 April 2006. Lawyer John Hedge reviews the rights and obligations that will attach to these permits and the implications for other Queensland mineral and petroleum tenement holders

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Senior Associate Robyn Glindemann, Lawyer Penny Creswell and Law Graduate Melanie Jasper review the latest native title decisions handed down by the Federal Court

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In its first decision on cultural heritage management plans, the Queensland Land and Resources Tribunal demonstrated that it will recommend approval of a plan considered fair and reasonable in the circumstances. It also made important determinations on a number of contentious issues common to most CHMPs. Senior Associate Ben Zillmann and Strati Pantges report