Allens

16 May 2013

The Federal Government's proposed amendments to the immediate deduction for the cost of mining rights and information first used in exploration might be viewed as a disproportionate response to its concern that the section is being applied inappropriately in certain instances. Partner Martin Fry and Lawyer Claire Nicholson explain.

23 April 2013

Foreign investment in Mongolia fell away dramatically after the Mongolian Government last year introduced laws regulating foreign investment into strategically important business areas as well as investment by state-owned entities. Now the Government has introduced amendments which soften some of those restrictions in an effort to again encourage inbound capital. Partner David Wenger and Lawyer Anthony Lepere look at the amendments andtheir significance to foreign investors.

03 April 2013

The Federal Government has approved the first uranium mine in Western Australia, representing a step forward in the future direction of uranium mining in Australia. The approval of the Wiluna Project, subject to a number of conditions, comes at a time of increasing interest in Australia's uranium mining sector. Partner Jodi Reinmuth and Senior Associates Emily Gerrard and Mark McAleer look at the approval in more detail.

21 March 2013

There are reports that the Mongolian Government is considering amending its controversial Law on Regulation of Foreign Investment in Business Entities Operating in Sectors of Strategic Importance (colloquially known as the Strategic Entities Foreign Investment Law) to make Mongolia a more attractive destination for private inbound investment. Partners David Wenger and Igor Bogdanich, Senior Associate John Koshy and Lawyer Manduul Altangerel report.

19 March 2013

The recommencement of uranium mining in Queensland is one step closer with the release of recommendations by the state's uranium mining implementation committee. Partner Ben Zillmann and Senior Associates John Hedge and Anna Vella report on the recommendations.

22 February 2013

The Queensland Court of Appeal has again taken a narrow interpretation of the 'mining exclusion' under Queensland security of payments legislation. Partner Ren Niemann and Lawyer Goran Gelic report on this decision and its implications.

14 February 2013

New environmental legislation that will soon come into force in Queensland will have implications for the resources industry. Partner Bill McCredie, Senior Associate Michael Zissis and Lawyer Gobind Kalsi report on the key changes to the approval regime that will affect the assessment timeframes for new projects and expansions to existing projects.

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.

12 December 2012

In brief: Legislation introducing important changes to West Australian mining law, including amendments to allow mining on Commonwealth land, has received Royal Assent. Partner Marshall McKenna, Lawyer Rachel Joseph and Law Clerk Stephanie Babic report.

22 November 2012

There has been strong interest in uranium exploration tenements in New South Wales, and the State Government has indicated the ban on uranium mining may be lifted in due course. Partner Richard Malcolmson and Senior Associates John Hedge and Anna Vella report on both the emerging NSW uranium sector and other developments nationally.

19 November 2012

The mining and construction industries have received mixed messages after the Queenland Court of Appeal adopted a narrow interpretation of the 'mining exclusion' under the state's building and construction industry payments legislation.

14 November 2012

In brief: Proponents and operators of major projects in Queensland need to be aware of important proposed changes that will impact upon the assessment and approval process for 'significant projects' and 'infrastructure facilities of significance', and the disposal of land in State Development Areas. Partner Bill McCredie, Senior Associate Anna Vella and Lawyer Gobind Kalsi report.

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.

24 October 2012

Queensland Premier, Campbell Newman has announced that Queensland has overturned its long-standing ban on uranium mining. Senior Associate John Hedge reports on the change in policy and the consequences for development of uranium projects in Queensland.

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.

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.

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.

25 September 2012

The Queensland resources minister has signalled the reopening of the debate on uranium mining in Queensland and the potential overturn of the existing policy against uranium mining. Senior Associate John Hedge reports on the possible change in policy and the consequences for investment in uranium projects in that state.

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.

21 September 2012

The long-awaited New South Wales Strategic Regional Land Use Policy, which aims to protect Strategic Agricultural Land, has been released, with some significant differences from the original draft. Partner David Maloney and Law Graduate Tom Griffin report.

21 September 2012

The United States Securities and Exchange Commission has adopted new rules requiring companies to disclose their use of conflict minerals which originated in the Democratic Republic of the Congo or an adjoining country and to disclose payments made to the US Government or foreign governments for the commercial development of oil, natural gas or other minerals. Special Counsel Debra Counsell, Lawyer Dora Banyasz and Law Graduate Sheree Rubinstein, report.

21 September 2012

The High Court has handed down its decision regarding FMG's application to have Rio Tinto's Pilbara rail lines declared subject to open access, referring the matter back to the Tribunal to redecide according to law. In doing so, the court has clarified the meaning of some of the criteria for declaration and, most importantly, decided that infrastructure should not be declared if it is privately profitable for anyone to duplicate it. Partner Ted Hill and Lawyer Rosannah Healy report.

21 September 2012

The new Mongolian Government's action plan, expected to be released within the next few weeks, will have implications for Mongolia's development over the next four years, particularly its ability to continue to attract foreign investment. Partners David Wenger and Igor Bogdanich and Senior Associate John Koshy report.

29 August 2012

Changes to vessel movement protocols in Port Hedland mean port users with annual capacity entitlements will have to use those entitlements evenly throughout the year or risk losing some of their capacity to iron ore producers. Partner Jodi Reinmuth, Senior Associate Mark McAleer and Law Graduate Anthony Graham report on the revised protocols that are likely to have a significant impact in the competitive landscape for iron ore exporters.

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.

21 August 2012

Legislation was recently introduced into the Western Australian Parliament to reform the State's system of mining securities. If passed, the legislation will largely replace the existing regime of unconditional performance bonds with a State-wide rehabilitation fund. Partner Jodi Reinmuth, Senior Associate Jessica Ham and Lawyer Peter Jensen look at the new proposal that is intended to deal with the escalating costs of operators defaulting on mine site closure and rehabilitation obligations.

09 August 2012

As part of its Streamlining Approvals Project, the Queensland Government has introduced new legislation to address a range of issues arising in the resources sector. Partner Ben Zillmann, Senior Associate Tracey Davern and Lawyers Giselle Kilvert and Caitlin Wilson look at the new Bill in detail and its proposed amendments to the State's resources legislation.

07 August 2012

In recommending that a pipeline be exempt from being a 'covered' pipeline, the National Competition Council has confirmed that pipeline infrastructure is likely to be exempt from third-party access if there are competing pipelines with surplus capacity or potential for expansion to meet foreseeable additional demand. Partner Jo Daniels and Senior Associate John Hedge consider the council's reasoning and its implications for the future prospects of third-party access regulation of other gas pipelines and infrastructure.

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.

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.

17 July 2012

Partner David Wenger and Senior Associates Anthony Lepere and John Koshy look at a major resources company's significant announcement that it has filed a notice of investment dispute on the Mongolian Government under the bilateral investment treaty between Singapore and Mongolia.

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

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

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

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

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

12 April 2012

Recent amendments to the Corporations Regulations and guidance from the Australian Securities and Investments Commission establish the financial services licensing regime that will apply to carbon permits and derivatives over them from the commencement of the carbon pricing scheme. Partner Grant Anderson and Senior Associates Penelope Barclay and Simon Lewis report

13 March 2012

Foreign investment companies will be required to gradually divest up to 51 per cent of their shares to Indonesian parties after five years of production, under a revision to the regulations on mineral and coal business activities. Partner David Holme and Senior Associates Brooke Van Gils and Made Satwika report

01 March 2012

A new Bill permitting exploration for uranium in New South Wales has been introduced into Parliament. If passed, Victoria will be the only state that continues to prohibit uranium exploration. Partner Richard Malcolmson, Senior Associate Georgina Cowdroy and Lawyer Genevieve Lewis report

13 February 2012

Under new reforms that bring Victoria into line with other Australian jurisdictions, holders of exploration licences are now able to preserve their exclusive rights over potential mining sites. Partner Scott Langford and Lawyers Tristan Moseby and Brendan Wood report.

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 reports on the changes, which reverse the previous rules whereby these transfers were not dutiable

22 December 2011

Resource developers in Queensland will need to be aware of potential constraints to their activities as a result of recently proposed legislative amendments that will place permanent restrictions on carrying out resource activities (including mining) in close proximity to urban communities. Partner Bill McCredie, Senior Associate Anna Vella and Lawyer Gobind Kalsi look at the proposed changes

09 December 2011

Developers, decision-makers and the public, who could be affected by an overhaul of the NSW planning system, have the chance to help shape the new regime, through the release of an issues paper that invites feedback. Partner Paul Lalich and Lawyer Andrew McGovern report

28 October 2011

In a bid to reduce the 'green tape' burden on business, major reforms of the Queensland environmental assessment and approvals regime have been introduced, and will impact on businesses including the manufacturing, waste management, mining and resources sectors. Partner Bill McCredie and Senior Associate Eve Lynch report on the significant changes that are proposed

16 June 2011

The High Court has recently ruled that owners may claim compensation from the Mine Subsidence Compensation Fund for expenses incurred in preventing or mitigating subsidence-caused damage to improvements, even if subsidence had not yet actually occurred. The decision overturns the previous law, which required owners to wait for subsidence to occur in order to qualify for compensation. Partner Paul Lalich and Law Graduate Tom Tian report

15 June 2011

A range of new initiatives introduced by the NSW Government will have important ramifications for land use in regional areas, particularly for the coal mining, coal seam gas and petroleum exploration industries. Partner Paul Lalich, Lawyer Swee Leng Harris and Law Graduate Julia Dean outline the new transitional arrangements the State Government has put in place as the first stage in the implementation of their Strategic Regional Land Use Policy

02 June 2011

Queensland, South Australia and the Northern Territory are to make important changes to their stamp duties legislation, with effect from 1 July 2011. The changes will broaden the reach of landholder duty and impose greater duty on a larger range of transactions, particularly affecting ones involving real property, mining tenements and listed entities. Partner Adrian Chek summarises the changes and considers the importance of the timing of any upcoming transactions

31 May 2011

The final report on the future use and management of the Woomera Prohibited Area was released recently, and signifies long-awaited government confirmation of mixed use of the minerals-rich weapons testing area. It provides for the introduction of a new management framework, and paves the way for improved coexistence of Defence and non-Defence operations. Partner Scott Langford, Senior Associate Nick Li, and Law Graduate Brandon Van Slyke report

20 May 2011

The power of administering agencies in Queensland to impose offset conditions on development approvals or other approvals for activities which impact on the environment has been confirmed in recent legislative amendments. Partner Bill McCredie and Lawyer Faheem Anwar look at the offsets provisions the new legislation introduces

16 May 2011

Recently, the Full Federal Court handed down its decision in the Pilbara rail access dispute. The Full Court was reviewing determinations made by the Australian Competition Tribunal last year which considered whether or not Rio's two Pilbara railways should be declared under Part IIIA of the Competition and Consumer Act 2010. (Railways owned by BHP were also considered by the Tribunal, but were not the subject of review by the Full Court). The outcome of the Full Court's decision is that neither of Rio's railways in the Pilbara is declared open for third party access. The Full Court's approach provides a clearer, more certain framework for assessing the application of the Part IIIA access regime to infrastructure. It is also more consistent with the philosophy underpinning Part IIIA and competition regulation in Australia generally. Partner David Brewster and Senior Associate Verity Quinn report