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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 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.

Energy Publications

  • Client Update: SCER announces reforms to limited merits review regime

    19 June 2013

    Following an independent expert panel's report, the Standing Council on Energy and Resources intends to implement a substantial range of reforms to the limited merits review regime for electricity and gas regulatory decisions. However, several of the expert panel's most significant recommendations will not be adopted. Partner Paul Kenny and Lawyer Ben Strate report.

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  • Focus: Malaysian risk service contracts - the implications

    13 June 2013

    The offshore licensing unit of Malaysia's national oil company recently invited bids for 10 marginal fields in its third risk service contract licensing round in as many years. Partners Igor Bogdanich and Anthony Patten, and Lawyer Ainsley Reid-Willet, discuss the background to the need for such contracts, and the implications of the new contracts for oil and gas companies looking at investing in Malaysia.

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  • Focus: Queensland Government responds to Costello audit report

    09 May 2013

    The Costello Commission of Audit Report and the Queensland Government's response last week could transform the State's economy by recasting the way the Queensland public sector interacts with the private sector. Partner John Greig examines the main recommendations and the Government's response.

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  • Focus: New EU financial disclosure requirements for resources and logging sectors

    24 April 2013

    Companies listed in the EU and large private companies in the EU that operate in the extractives and logging industries will need to report on payments made to host governments, both on a country and project basis, under a new EU legislative proposal that is part of a trend towards improving transparency in the extractives sector. Compliance costs will be significant and companies need to start preparing now, as Partner Anthony Patten, Senior Associate Dora Banyasz and Lawyer Raquel Dos Santos report.

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  • Focus: China encourages foreign involvement in green energy

    23 April 2013

    Although still light on specifics, a policy articulating China's plans for the development of its coalbed methane reserves has signalled the PRC Government's intention to encourage foreign investment as a way of dealing with the national demand for clean energy. Partner Kate Axup, Senior Associate Wayne Wang and Trainee Solicitor Alice Mok look at the policy's changes that are relevant to international oil and gas companies.

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  • Audio: Recent developments in Myanmar

    09 April 2013

    The fast pace of reform continues in Myanmar, creating significant opportunities for foreign investors. Partner Marae Ciantar spoke to BRR Media about the recent and upcoming developments in the oil & gas and telecommunications sectors, and what investors can do to prepare.

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  • Focus: Further regulation of coal seam gas activities in NSW

    25 February 2013

    In response to widespread community concerns regarding increasing coal seam gas activities, particularly near residential areas, the New South Wales Government has announced a package of measures to strengthen the regulation of the coal seam gas industry. Partner David Maloney and Senior Associate Georgina Cowdroy report.

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  • Focus: Queensland Government opens door to oil shale industry

    18 February 2013

    The Newman Government has just introduced a new oil shale policy that encourages private sector research and investment in oil shale extraction, by removing restrictions on the development of an oil shale industry. Partner Ben Zillmann and Lawyer Faheem Anwar look at the new policy.

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  • Client Update: The changing environment of uranium mining

    18 December 2012

    As longstanding bans on uranium mining are being relaxed and lifted across many Australian jurisdictions, our uranium specialists summarise the current Federal regulatory framework that controls its exploration and extraction.

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  • Focus: Review of the national access regime

    10 December 2012

    The Productivity Commission has been tasked with reviewing the effectiveness of Australia's national third party access regime, which potentially applies to all nationally significant infrastructure. As part of this process it has released an Issues Paper setting out the matters it will focus on in its review. Special Counsel Verity Quinn and Senior Associate John Hedge report on the key topics raised in the paper.

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  • Focus: Senate Select Committee on Electricity prices report released

    21 November 2012

    The Senate Select Committee on Electricity Prices has released its report, which lays out a series of recommendations, findings and comments in relation to rising electricity prices in Australia and the current electricity regulatory framework in the National Electricity Market. Partner Grant Anderson and Law Graduate Albert Yu report.

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  • Focus: Myanmar's new foreign investment law

    07 November 2012

    International investors have welcomed the news that Myanmar's new Foreign Investment Law has been approved and is now in force. In this article, members of our Myanmar team (Partners Marae Ciantar and Stuart Bedford, and Lawyer Mostyn Taylor) provide an overview of the new foreign investment regime and its implications for foreign investors.

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  • Audio: Infrastructure in the Asian Century

    02 November 2012

    The Australian Government has released its Australia in the Asian Century White Paper, its blueprint for Australia's greater integration throughout the region and roadmap to becoming a more prosperous and resilient nation. Partner Emma Warren spoke to BRR Media about the vital role that infrastructure will play in harnessing the opportunities and addressing the challenges of the Asian Century.

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  • Focus: Changes to merits review regime recommended

    18 October 2012

    The expert panel reviewing the merits review regime for electricity and gas regulatory decisions has recommended major changes that will, if implemented, have significant implications for regulated businesses. Partner Paul Kenny and Lawyer Ben Strate report.

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  • Focus: Significant changes proposed to native title legislation

    16 October 2012

    Significant native title reforms largely focus on further encouraging the agreement-making processes to obtain native title holders' consent for projects/developments, through changes to the 'right to negotiate' regime (including requiring parties to meet detailed 'good faith' criteria) and changes to Indigenous Land Use Agreement processes. Allens native title specialists Partners Ben Zillmann and Marshall McKenna and Senior Associates Emily Gerrard and Penny Creswell examine the proposed changes.

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  • Focus: Fortescue 'binding agreements' announcements were not misleading

    03 October 2012

    In a decision handed down yesterday, the High Court unanimously held that Fortescue Metals Group Ltd's announcements to the ASX and media in 2004 stating it had reached 'binding agreements' with Chinese State-owned entities to build infrastructure in the Pilbara were not misleading despite the 'agreements' being substantially incomplete and not being legally enforceable in Australia. Partners Richard Harris, Jeremy Low, Senior Associate Andrew Byrne and Lawyer Alice Dillon comment on the decision and its implications for listed companies and directors.

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  • Client Update: LNG supplementary assistance

    02 October 2012

    The Federal Government has made regulations for the calculation of the 'top up' assistance, in the form of free carbon units, that is to be given in respect of LNG projects. Partner Grant Anderson reports.

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  • Client Update: Renewed energy in renewable energy

    25 September 2012

    The NSW Government has released a draft renewable energy action plan, which, as it establishes the parameters for all new renewable energy investments in NSW up until 2020, has implications for all stakeholders in the NSW energy market. Partner Andrew Mansour and Senior Associate Joel Sturgeon report on the draft plan which intends to increase the use of energy generated from renewable sources in NSW by reducing investment barriers, building community support, attracting and growing renewable energy expertise, and improving energy efficiency.

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  • Client Update: Changes to reserves and resources disclosure rules

    24 September 2012

    Proposed new disclosure rules will affect the way mining and oil and gas companies report on their reserves and resources. The proposals seek to strike a balance between providing meaningful information to investors about listed entities' reserves and resources assets while managing compliance costs for listed companies. Partner Ted Hill and Lawyer Lachlan Clancy report.

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  • Audio: Japan holds new LNG opportunities

    19 September 2012

    Australia is well placed to respond to an increase in gas demand due to Japan's proposed phase out of nuclear power by 2040. Partners Tim Lester and Anthony Patten speak to BRR Media about the recent Fukushima nuclear disaster's influence on Japan's energy policy, how that policy could positively impact LNG suppliers in Australia and elsewhere.

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  • Audio: Multiple hurdles for wind farm projects

    05 September 2012

    The future of wind farm development in Australia continues to be a topic of discussion. Partner Anna Collyer spoke to BRR Media about the hurdles facing wind farm projects.

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  • Client Update: Australia's EU carbon price linkage and its consequences

    29 August 2012

    The Federal Government announced yesterday that the Australian and European Union emissions trading markets will be linked from 1 July 2015 and that, to facilitate this, the Government will abandon the carbon floor price and restrict the use of Kyoto emission reduction units under the Australian scheme. Partner Grant Anderson and Law Graduate Albert Yu report.

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  • Focus: More nations ease sanctions against Myanmar

    23 August 2012

    We recently reported on the easing of US sanctions against Myanmar. In this follow up article, we report on changes to the Australian, EU and Canadian sanctions against Myanmar. Allens Partner Anthony Patten, Linklaters Partner Satindar Dogra and Allens Law Graduate Laura Bellamy provide a brief overview of the changes to these sanctions regimes.

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  • Focus: US eases sanctions on Myanmar

    27 July 2012

    The US has recently eased its Myanmar sanctions regime to make it possible for US entities and individuals to invest in, and export financial services to, Myanmar for the first time in 15 years. In this article our Myanmar Group provides a brief overview of the changes to the US sanctions regime and anticipated further developments relating to Myanmar.

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  • Audio: ASIC electricity reforms off target

    26 July 2012

    ASIC has proposed changes to the financial requirements for companies trading in the electricity markets. Partner Grant Anderson spoke to BRR Media about the implications for companies if the changes were introduced

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  • Client Update: Regulated returns - arguments in the pipeline

    20 July 2012

    A recent decision by the Australian Competition Tribunal, relating to gas pipeline access arrangements, sheds light on aspects of the current regulatory approach to setting returns for infrastructure assets. Partner Jo Daniels and Senior Associate John Hedge look at the implications of the decision.

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  • Focus: Gaseous fuels and carbon pricing

    03 July 2012

    Those involved in the manufacture, importation and use of LPG, LNG or CNG should be aware of recently passed amendments that now bring emissions associated with the combustion of these fuels for non-transport uses within the coverage of the carbon pricing scheme. Partner Grant Anderson and Law Graduate Albert Yu report.

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  • Client Update: Resources Land Access Regime Review - Findings released

    20 June 2012

    Yesterday, the Queensland Government released the Report of the Land Access Review Panel into the state's current land access regime that applies to the resources sector. The report reviews the current land access regime and assesses its effectiveness in achieving its original objectives. The report also contains recommendations on how the land access framework could be improved. Partner Ben Zillmann and Lawyer Giselle Kilvert consider the key findings of the panel

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  • Client Update: Implementation of the National Energy Customer Framework in different jurisdictions

    13 June 2012

    The implementation of the National Energy Customer Framework in New South Wales, Queensland and Victoria has been delayed from the original implementation date of 1 July 2012, while the Australian Capital Territory, South Australia and Tasmania remain committed to that original timeframe. Partner Grant Anderson and Law Graduate Albert Yu report

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  • Focus: Regulating foreign investment in Mongolia

    12 June 2012

    In response to increasing growth in foreign investment (especially in the mineral resources sector), the Mongolian Government has moved to regulate foreign investment in sectors of the economy of strategic national importance. Partners Igor Bogdanich and David Wenger, and Senior Associates Anthony Lepere and John Koshy, look at the newly enacted legislation, and its significance for foreign investors

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  • Focus: Landlords distributing or on-selling electricity must register

    25 May 2012

    Landlords, and some property managers, of commercial premises who distribute electricity to their tenants may be breaking the law unless they register each site with the Australian Energy Regulator, and will need to register to on-sell electricity from 1 July 2012. Partners Grant Anderson and John Beckinsale and Senior Associate Amy Hoban report

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  • Focus: Model International Joint Operating Agreement 2012

    11 May 2012

    The 2012 version of the Model International Joint Operating Agreement, the most widely used joint operating agreement in the international upstream oil and gas industry, has been released. Partners Igor Bogdanich and Anthony Patten and Senior Associate Anthony Lepere look at its new features, and their significance for future upstream oil and gas transactions

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  • Client Update: New approach to stalled mining applications in WA

    04 May 2012

    A new approach by the Western Australian Department of Mines and Petroleum may have a significant impact on stalled exploration and mining tenement applications. Partner Marshall McKenna, Lawyer Joe Freeman and Law Graduate Anthony Graham report

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  • Focus: Burma oil and gas market opening up

    27 April 2012

    Burma (Myanmar) is expected to put more petroleum blocks to international tender in 2012. Partners Anthony Patten and Darren Murphy and Lawyer Robert Merriam report and look at the investment opportunities that may result from recent political developments

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  • Focus: Western Australian Gas Services Information Bill enacted

    12 April 2012

    Gas market participants should be aware that legislation providing for the establishment of a gas bulletin board and the preparation and publication of a gas statement of opportunities in Western Australia has been enacted. Partner Anthony Patten and Lawyer Anne Nguyen examine the key substantive features of the new provisions

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  • Audio: ASX to ease equity raising for small to mid caps under proposal

    05 April 2012

    The Australian Securities Exchange has proposed to increase the capital raising limit for mid to small caps. Partner Julian Donnan spoke to BRR Media about what the proposal will mean for a large number of ASX-listed companies

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  • Audio: Procurement trends for resources projects

    26 March 2012

    In the fourth of a series of audio updates on issues surrounding major projects in 2012, Partner Ren Niemann talks to BRR Media about trends in procurement of infrastructure in the resources sector

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  • Audio: Australian oil & gas update

    16 March 2012

    In the second of our series of audio updates on issues surrounding major projects in 2012, Partners Anthony Patten and Rob Watt talk to BRR Media about the outlook for oil and gas projects

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  • Audio: Stamp duty changes for miners in Queensland

    17 January 2012

    The Queensland Government has announced stamp duty changes that have the potential to impact significantly on any transactions that directly or indirectly deal with exploration permits or authorities to prospect. Partner Katrina Parkyn spoke to Boardroom Radio on the changes, which reverse the previous rules whereby these transfers were not dutiable

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  • Audio: Outlook for floating LNG projects remains positive

    01 December 2011

    Floating LNG will be one of the important topics to be discussed at next week's World Deepwater Summit in Shanghai. Partner Darren Murphy, who will be presenting at the summit, spoke to Boardroom Radio about the outlook for floating LNG in Asia

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  • Audio: Oil and gas industry outlook for Asia

    16 November 2011

    The demand for oil and gas continues unabated in the Asia region. Regional Oil and Gas Partner Anthony Patten spoke to Boardroom Radio about the outlook and challenges for the oil and gas industry

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  • Focus: Carbon price scheme becomes law - what to do next

    11 November 2011

    The Federal Parliament has passed legislation to establish an Australian carbon pricing scheme, which will operate initially like a carbon tax, with a fixed (but increasing) carbon permit price, and will then transition into a cap and trade scheme after three years. Partner Grant Anderson and Lawyer Fergus Green report on this historic development

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  • Audio: New ASX paper on reserves reporting

    11 October 2011

    The Australian Securities Exchange has released a Consultation and Issues Paper that proposes reforms to the disclosure rules for energy and resources companies. Partners Scott Langford and Igor Bogdanich spoke to Boardroom Radio about the possible ramifications for mining and oil and gas companies if the proposals are adopted

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  • Focus: WA's first-in/first-served water policy under review

    27 September 2011

    Licenced water users in Western Australia should be aware that the WA Department of Water is reviewing its current water allocation policy. Partner Jodi Reinmuth and Special Counsel Robyn Glindemann look at the Department's recently released discussion paper on the issue

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  • Client Update: Jobs and Competitiveness Program regulations released

    23 September 2011

    The Department of Climate Change and Energy Efficiency has released exposure draft regulations to establish the assistance program under which free carbon units issued pursuant to the carbon pricing scheme will be provided to emissions-intensive trade-exposed industries. Partner Grant Anderson reports

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  • Focus: Carbon pricing scheme legislation introduced

    16 September 2011

    Following the recent release of both its climate change policy, Securing a clean energy future: The Australian Government's climate change plan, and exposure draft legislation to implement its proposed carbon pricing scheme, the Federal Government has introduced its clean energy legislation package into the House of Representatives. Partner Grant Anderson reports on the principal differences between the exposure draft legislation and the legislation package as introduced into Parliament

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  • Audio: Mongolia attracts investment interest

    01 September 2011

    The International Monetary Fund has predicted that the Mongolian economy will this year grow faster than that of China, driven by a surge in international investment. Partners Erin Feros and Igor Bogdanich speak to Boardroom Radio about the opportunities and legal framework that go with investing in Mongolia

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  • Audio: Shale gas in China and Asia Pacific

    22 August 2011

    The shale gas industry is currently booming in the United States. Partner Darren Murphy spoke to Boardroom Radio about the industry's prospects in the Asia Pacific, in particular Australia, China and Indonesia

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  • Focus: Who will be liable under the carbon pricing scheme?

    03 August 2011

    The Federal Government has released exposure draft legislation to establish its proposed carbon pricing scheme. Partner Grant Anderson identifies the entities that will be directly liable under the scheme and outlines some of the issues to be considered in structuring a corporate group's carbon liability

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  • Audio: New regulators for offshore oil and gas sector

    31 May 2011

    The Federal Government has introduced legislation that would establish two regulators for the offshore oil and gas sector. Igor Bogdanich speaks to Boardroom Radio about the structure of the proposed regulators and how this will impact on the sector

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