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Energy

Our experienced Energy legal team regularly publishes articles and updates - the full list of publications appears below. If you'd like to be notified when we add new energy 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.

Allens Arthur Robinson has been involved with some of the leading players that have helped reform Australia's energy industry. Read about some of these landmark projects and the developments that are shaping the industry's future.

Take a browse through our extensive experience in the area.


Client Update: Climate Change - 30 September 2008 View (HTML) 
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
Focus: Resources - 08 September 2008 View (HTML) Download (58KB PDF) 
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. Partner Igor Bogdanich and Lawyer Myra Stirling report on these developments
Client Update: Climate Change - 05 September 2008 View (HTML) 
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
Focus: Climate Change - 24 July 2008 View (HTML) Download (126KB PDF) 
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
Client Update: Climate Change - 16 July 2008 View (HTML) 
On 16 July 2008, the Minister for Climate Change and Water, Penny Wong, released a much-anticipated Green Paper that sets out the Federal Government's preferred model for Australia's proposed emissions trading scheme, to be known as the Carbon Pollution Reduction Scheme. Allens Arthur Robinson's Climate Change Group provides initial commentary on the key reforms proposed in the Green Paper.
Focus: Climate Change - 11 July 2008 View (HTML) Download (140KB PDF) 
On 2 July 2008, Federal Climate Change Minister Penny Wong released a discussion paper canvassing two regulatory approaches for an expanded national renewable energy target scheme. Partner Grant Anderson, Senior Associate Robyn Glindemann and Lawyer Jessica Moir look at the discussion paper
Focus: Climate Change - 08 July 2008 View (HTML) Download (87KB PDF) 
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
Client Update: Climate Change - 04 July 2008 View (HTML) 
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
Client Update: Environment - 03 July 2008 View (HTML) 
A new Bill introduced into the Western Australian Parliament by the Greens attempts to set a greenhouse gas emissions intensity standard for new power stations in Western Australia. Senior Associate Valeria Cooney and Lawyer Lorna Creewel report
Focus: Climate Change - 02 July 2008 View (HTML) Download (140KB PDF) 
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: Energy - 19 June 2008 View (HTML) Download (49KB PDF) 
The National Gas (South Australia) Act 2008, introducing the long-awaited National Gas Law, is in the final stages of its passage through the South Australian Parliament and will commence on 1 July 2008. Special Counsel Louise Thomson and Articled Clerk Stephanie Salmon look at the key changes to the national gas access regime
Focus: Climate Change - 30 May 2008 View (HTML) Download (123KB PDF) 
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: Water - 13 May 2008 View (HTML) Download (70KB PDF) 
The Economic Regulation Authority of Western Australia is conducting a range of inquiries into water regulation and licensing in Western Australia. Senior Associate Robyn Glindemann and Research Assistant Caroline Spencer take a look at the more significant reports
Client Update: Climate Change - 29 April 2008 View (HTML) 
Partner Darren Murphy and Senior Associate Caitlin Westgarth report on the Federal Government's announcement to amend the Energy Efficiency Opportunities Regulations 2006 with effect from 1 July 2008 to avoid duplication with the reporting requirements under the National Greenhouse and Energy Reporting System
Focus: Climate Change - 11 April 2008 View (HTML) Download (79KB PDF) 
When the Federal Government implements the national emissions trading scheme (NETS), proposed to be in 2010, the New South Wales Greenhouse Gas Reduction Scheme (GGAS) will cease to operate. The NSW Government has released its long-awaited consultation paper on the possible transitional arrangements. Partner Andrew Mansour and Lawyer Andrew Daly outline the proposed transition options
Focus: Climate Change - 26 March 2008 View (HTML) Download (73KB PDF) 
Professor Ross Garnaut has released his discussion paper on the design of an Australian emissions trading scheme. The proposals contained in the paper will be an important input into the design of the Federal Government's scheme and some of them are likely to engender vigorous debate. Partner Grant Anderson reports
Focus: Energy - 19 March 2008 View (HTML) Download (103KB PDF) 
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 - 30 November 2007 View (HTML) Download (65KB PDF) 
The Victorian Government recently introduced legislation into Parliament designed to reduce greenhouse gas emissions, encourage the efficient use of electricity and gas and encourage investment in technology that reduces energy use. The proposed legislation does this by requiring large energy retailers to acquire energy efficiency certificates that are generated by specified greenhouse gas reduction activities
Focus: Energy - 26 October 2007 View (HTML) Download (61KB PDF) 
Earlier this month, the Ministerial Council on Energy released a regulatory impact statement as a step toward deciding whether to amend the National Electricity Law to require separate ownership of generation and transmission assets. Partner Grant Anderson and Articled Clerk Frances Dunn review the options under consideration
Focus: Energy - 03 October 2007 View (HTML) Download (58KB PDF) 
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
Client Update: Energy - 25 July 2007 View (HTML) 
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
Focus: Energy - 09 July 2007 View (HTML) Download (100KB PDF) 
On 1 July 2007, Western Power's amended access arrangement, setting out the terms and conditions under which Western Power will provide users and applicants with access to its South West Interconnected Network, came into effect. Senior Associate Valeria Cooney and Lawyer Alison Baxter outline the key aspects of the access arrangement
Focus: Energy - 25 June 2007 View (HTML) Download (58KB PDF) 
The National Electricity Market has seen the first suspension of an active electricity retailer and the application of Retailer of Last Resort schemes across a number of states. Partner John Greig looks at what happened and the consequences for market participants and customers alike
Client Update: Climate Change - 01 June 2007 View (HTML) 
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: Energy - 27 March 2007 View (HTML) Download (73KB PDF) 
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 View (HTML) Download (99KB PDF) 
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 View (HTML) Download (59KB PDF) 
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
Client Update: Energy - 01 March 2007 View (HTML) 
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
Focus: Energy - 08 December 2006 View (HTML) Download (59KB PDF) 
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: Energy - 15 September 2006 View (HTML) Download (60KB PDF) 
The National Emissions Trading Taskforce has released a blueprint of a proposed national greenhouse gas emissions trading scheme and is inviting consultation on the plan. Senior Associate Julie Freeman and Articled Clerk Alan Grinceri review the proposed scheme
Client Update: Energy - 24 August 2006 View (HTML) 
On 23 August, the Standing Committee of Officials of the Ministerial Council on Energy announced a revised timeline for the introduction of the national legislative framework for electricity and gas regulation. The announcement follows the release of the MCE's statement of scope for the legislation on 31 July
Focus: Energy - 22 August 2006 View (HTML) Download (66KB PDF) 
The Ministerial Council on Energy has published an outline of the draft national legislative framework for electricity and gas, scheduled for introduction to the South Australian Parliament later this year. Senior Associate Louise Thomson reviews the proposals
Focus: Energy - 09 August 2006 View (HTML) Download (71KB PDF) 
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: Energy - 03 August 2006 View (HTML) Download (59KB PDF) 
The Victorian Government has introduced a Bill to Parliament to create a renewable energy target scheme to supplement the Federal Government's mandatory renewable energy target. Partner Paul Kenny and Articled Clerk Alan Grinceri discuss the proposed VRET scheme