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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.

Client Update: Climate Change - 04 July 2008

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

Focus: Climate Change - 02 July 2008

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

Focus: Resources - 18 June 2008

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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

Focus: Climate Change - 30 May 2008

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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

Focus: Resources - 29 April 2008

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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

Focus: Energy - 19 March 2008

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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

Focus: Energy - 03 October 2007

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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

Focus: Resources - 04 September 2007

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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

Focus: Resources - 31 July 2007

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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

Client Update: Energy - 25 July 2007

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

Client Update: Climate Change - 01 June 2007

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

Focus: Aboriginal Cultural Heritage - 08 May 2007

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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

Focus: Energy - 27 March 2007

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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

Focus: Resources - 20 March 2007

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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

Focus: Resources - 16 March 2007

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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

Focus: Environment & Planning - 14 March 2007

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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

Client Update: Energy - 01 March 2007

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

Client update: Resources - 16 February 2007

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

Client update: Native Title - 07 February 2007

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

Focus: Energy - 08 December 2006

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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

Focus: Resources - 09 November 2006

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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.

Focus: Native Title - 20 September 2006

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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

Focus: Energy - 09 August 2006

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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

Focus: Competition Law - 19 July 2006

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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

Focus: Environment & Planning - 23 June 2006

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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

Focus: Resources - 16 June 2006

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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

Focus: Energy - 14 June 2006

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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

Focus: Resources - 13 June 2006

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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).

Focus: Energy - 23 May 2006

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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

Focus: Resources - 15 May 2006

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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

Focus: Native Title - 01 May 2006

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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

Focus: Native Title - 07 February 2006

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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

Focus: Native Title - 15 December 2005

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A package of measures designed to improve the performance of the native title system established under the Native Title Act was released by the Federal Government on 7 September. This package is aimed at identifying and implementing improvements to processes for the recognition of native title and the resolution of disputes over land that may be subject to native title. Senior Associate Robyn Glindemann and Lawyer Alex Brown outline the proposals

Focus: Resources - 14 December 2005

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A recent judgment by the Victorian Court of Appeal in Esso Australia Resources v Southern Pacific Petroleum considered whether or not an obligation of good faith should be implied into a joint venture agreement, and whether this might restrict the ability of a party to assign its participating interest in the joint venture in certain circumstances. Partner Scott Langford, Senior Associate Igor Bogdanich and Articled Clerk Derek Ritzmann explain