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Resources

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.

Read about Allens' extensive experience in the resources industry.

Resources Publications

  • Client Update: Further wide-ranging reforms of groundwater extraction regulation in Queensland

    19 September 2016

    Resource sector operators need to be aware of further proposed changes to how the take of groundwater is regulated in Queensland. The proposed changes will impact existing, new and expansion operations. Partner Bill McCredie and Senior Associate Gobind Kalsi consider the proposed amendments and their significance for resource projects.

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  • Client Update: Court determines Native Title compensation for the first time

    25 August 2016

    Yesterday afternoon, the Federal Court handed down a decision which, for the first time, provided judicial consideration of how to calculate native title compensation. A decision on this issue has been long awaited, ever since the Native Title Act commenced in 1994. Partner Ben Zillmann, Senior Associate Emily Gerrard and Senior Associate Giselle Kilvert summarise the key aspects of the decision and its significance.

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  • Client Update: ASIC's take on forward-looking statements

    4 July 2016

    ASIC has recently raised concerns about forward-looking statements by Australian miners that are made on the basis of preliminary scoping or feasibility studies. In a new Information Sheet, it has suggested that, without certainty as to project funding, such statements could constitute misleading conduct. In light of the controversy surrounding the publication of this Information Sheet, Partner Richard Malcolmson and Associate Jerome Entwisle revisit the current law on misleading statements as to future matters.

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  • Focus: Glencore's Newcastle success opens the channel for further access regulation

    1 June 2016

    Glencore has succeeded in its bid to have the access to the Newcastle shipping channel declared under Australia's national access regime. The Australian Competition Tribunal's decision reversed the acting Treasurer's decision and has settled (for now) the uncertainty about the interpretation of the critical 'promotion of competition' criterion for declaration. Partner John Hedge and Lawyer Jessica Rusten consider the implications of this decision for the future application of access regimes to other infrastructure facilities. 

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  • Client Update: Proposed amendments to the PNG Land Act

    3 May 2016

    Amendments to the Papua New Guinea Land Act have been proposed which, among other things, will restrict ownership of land by non-citizens, including PNG incorporated companies that are wholly or partly owned by non-citizen individuals or companies. Senior Associate Sarah Kuman looks at what is proposed.

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  • Client Update: 'Chain of Responsibility' amendments impose new environmental obligations in Queensland

    28 April 2016

    The Queensland Parliament has passed the 'Chain of Responsibility' Bill with important amendments prior to enactment. The amending Act establishes a new regime under the State's primary environmental legislation that exposes related bodies corporate, executive officers, financiers, shareholders and a select category of 'related persons' to the receipt of orders from the environmental regulator for those entities to satisfy the environmental obligations of companies operating in Queensland. Partner Bill McCredie, Senior Associate Gobind Kalsi and Paralegal Maggie Shelton report.

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  • Focus: Queensland resource legislation is 'back to the future'

    7 April 2016

    The Queensland Government is continuing its review of mineral and energy resource legislative reforms, with proposed amendments currently before Parliament, many of which undo earlier proposed reforms. Partner Ben Zillmann, Senior Associate Giselle Kilvert and Associate Andrea Moffatt consider the changes and what they mean for resource developers in Queensland.

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  • Client Update: New environmental responsibilities for corporates, officers, financiers and others in Queensland

    16 March 2016

    The Queensland Government proposes new powers to compel related bodies corporate, executive officers, financiers and shareholders, and a select category of 'related persons', to satisfy the environmental obligations of companies operating in Queensland. The Chain of Responsibility concept has been proposed in response to concerns arising from recent events in Queensland such as the difficulties of the Yabulu Nickel Refinery. Partner Bill McCredie and Senior Associate Gobind Kalsi report.

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  • Client Update: Polluter pays principle in action

    23 February 2016

    In a recent decision of the Victorian Supreme Court, a Melbourne municipal council was held liable to compensate a landowner for the costs that were incurred by the landowner in the course of complying with a clean-up notice issued under the Environment Protection Act 1970 (Vic), despite the pollution having occurred prior to the commencement of that Act. Partner Chris Schulz and Associate Kate Kirby discuss the key issues raised in the case.

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  • Client Update: SA Nuclear Fuel Cycle Royal Commission's tentative findings

    16 February 2016

    The South Australian Nuclear Fuel Cycle Royal Commission has released its tentative findings. The Royal Commission will now embark on a series of meetings, at various locations around South Australia, to discuss these findings with interested stakeholders. Partner Richard Malcolmson and Senior Associate Emily Gerard comment on the findings and the next steps to be taken by the Royal Commission.

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  • Focus: Access regulation application sinks at the Newcastle shipping channel

    29 January 2016

    The acting Federal Treasurer has made a determination under Australia's national access regime to not declare access to the Newcastle shipping channel. The decision is a reminder of the limits of the national access regime in challenging the pricing of infrastructure owners. Partner John Hedge and Lawyer Jessica Rusten consider the implications for the future application of the national access regime to other infrastructure facilities in light of this decision.

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  • Focus: Offshore petroleum resource management review

    19 January 2016

    In December 2015, the Federal Government released an interim report of its review into the management of Australia's offshore petroleum resources. The review suggests that, while the current regime is fundamentally sound, there is still a need for action to be taken across the offshore petroleum exploration and development lifecycle to ensure that the system can navigate future market conditions and encourage continued and new investment. Partner Igor Bogdanich, Senior Associate Helen Verrier and Lawyer Helen Santamaria report.

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  • Focus: Mongolia's Law on Petroleum revised

    24 December 2015

    Mongolia has revised its Law on Petroleum which will operated in tandem with its 2005 Law on Petroleum Products. Partner Igor Bogdanich and Consultant Manduul Altangerel look at the new law and what it will mean for companies prospecting and extracting petroleum products in Mongolia.

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  • Client Update: Across Australia and to Paris - Recent developments in the nuclear fuel cycle

    23 December 2015

    Partner Richard Malcolmson, Senior Associate Emily Gerrard and Associate Emily Johnstone report on recent developments in the Australian nuclear fuel cycle debate, including: the recent shortlisting of potential sites by the Australian Government for a radioactive waste management facility; the conclusion of the uranium export deal between Australia and India; and potential implications for nuclear energy following the 'COP21' climate change negotiations in Paris.

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  • Client Update: Major overhaul of Australia's foreign investment laws: what's new?

    4 December 2015

    The new package of legislation overhauling Australia's foreign investment laws, the first major revision in 40 years, commenced on 1 December 2015. While many features of the previous regime have been retained (and sometimes re-named), there are also a number of significant changes. Partners Jeremy Low, Wendy Rae and Richard Kriedemann and Senior Associate Eve Regnard review the key new elements.

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  • Client Update: PPS deregulation measures to take effect

    29 September 2015

    From 1 October 2015, short-term leases of serial numbered goods will no longer be deemed security interests under the PPSA. Businesses should review their current PPS policies and, where appropriate, implement changes to processes, as Partner Karla Fraser and Lawyer Katharine Ward explain.

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  • Focus: Major reform of Queensland resource regulation proposed

    21 September 2015

    Wide-ranging reforms to the legislative regime for resource tenures in Queensland, for all commodity types, have been proposed. Partners Ben Zillmann and John Hedge and Senior Associate Giselle Kilvert consider the proposals and what they mean for the state's resource sector.

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  • Client Update: Next phase for onshore oil and gas regulatory reform in the Northern Territory

    7 September 2015

    The Northern Territory Government has released its Guiding Principles for the onshore oil and gas industry that set out the minimum expectations for the industry until a comprehensive regulatory review is completed. Operators and investors in the sector should review the compliance of their current operations with the Guiding Principles and consider the impact on future developments. Partner John Hedge and Senior Associates Gobind Kalsi and Julieane Bull report.

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  • Focus: Supreme Court win for Alpha Mine bolsters future mining applications

    7 September 2015

    The Supreme Court of Queensland has dismissed an environmental group's challenge to the Land Court's decision in the Alpha Coal Mine objection proceedings, and ordered it to pay costs. In rejecting concerns raised by the group, the Supreme Court has settled various points of law in ways that may assist future mining lease applicants and deter further legal challenges. Partner Ben Zillmann and Senior Associate Giselle Kilvert consider the Supreme Court's decision, and its implication for other miners.

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  • Client Update: Stage 2 of NSW Integrated Mining Policy released

    27 August 2015

    The New South Wales Government has released a number of further guidelines for state-significant mining projects, focusing on post-approval requirements, as part of the second stage of public consultation on the new Integrated Mining Policy. Partner Bill McCredie, Senior Associate Naomi Bergman and Lawyer Alexandra Lanyon report.

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  • Focus: Pre-emptive rights decision flags need for careful drafting

    11 August 2015

    The Western Australian Supreme Court has handed down a decision that has significant implications for the drafting of pre-emptive rights clauses in both joint venture/operating agreements and shareholders' agreements. The decision also has ramifications for the conduct of sale transactions that involve assets or shares subject to rights of pre-emption. Partner Igor Bogdanich, Managing Associate Penny Alexander and Law Graduate Malak Johnson report.

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  • Client Update: Queensland Government broadens scope for mining project objections

    16 July 2015

    Major new mining projects are to face an additional approval hurdle in Queensland following the introduction this week of a Bill to amend the State Development and Public Works Organisation Act 2015 (Qld). Partner Ben Zillmann and Senior Associate Giselle Kilvert consider the Bill and what it means for resource developers in this state.

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  • Focus: Stamp duty concession introduced for farm-in arrangements in Queensland

    16 June 2015

    The Queensland Parliament has passed legislation introducing a stamp duty concession for transfers of interests in exploration authorities under eligible farm-in agreements. Partner Adrian Chek, Senior Associate Marc Johnston and Associate Jay Prasad provide a brief update.

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  • Client Update: Consultation Open on New Integrated Mining Policy

    3 June 2015

    The New South Wales Government has released its new Integrated Mining Policy for consultation. It clarifies the development application requirements for major mining projects and aims to streamline the assessment process. Partner Bill McCredie and Senior Associates Naomi Bergman and Michael Zissis report.

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  • Focus: South Australian Royal Commission heads developments in uranium sector

    6 March 2015

    The South Australian Government has released the draft terms of reference for the recently-announced Royal Commission to inquire and report on the potential for South Australia to deepen its involvement in the nuclear fuel cycle. Partner Richard Malcolmson, Managing Associate Hilary Birks and Senior Associates Anna Vella and Emily Gerrard report on the scope of the Royal Commission and other recent developments in Australia's uranium sector.

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  • Client Update: What does the change of government mean for Queensland's energy and resources sector?

    13 February 2015

    With the results of the Queensland election having now been declared and the Labor Party invited to form government (with the support of an independent), Partner Ben Zillmann , Managing Associate John Hedge and Associate Andrea Moffatt look at the key policies announced by Labor before the election that could impact on the energy and resources sector.

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  • Focus: Supreme Court decision limits the scope of landholder duty in Queensland

    3 February 2015

    The Queensland Supreme Court has held that mining leases did not constitute an 'interest in land' for the purposes of the former land rich duty regime. While subsequent amendments to the Duties Act 2001 (Qld) mean that mining tenements are now treated as an interest in land, the decision provides much needed clarification on what amounts to an 'interest in land' for both landholder and transfer duty purposes. Partner Adrian Chek and Associate Scott Lang outline the decision and its implications.

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  • Focus: South West settlement agreed to in principle

    3 February 2015

    The West Australian Government and the South West Aboriginal Land and Sea Council have come to an in-principle agreement in relation to a collective native title claim of the Noongar people. The 'South West Settlement Agreement', which should provide greater clarity regarding aboriginal heritage surveys may also become an important template for future agreements. Partner Marshall McKenna, Associate Ranjani Sundar, Lawyer Dianna Barton and Research Assistant James Illich report.

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  • Focus: Exploring the duty implications of farm-in agreements in Queensland

    9 December 2014

    The Queensland Government has introduced into Parliament legislation to provide a stamp duty concession for eligible farm-in agreements relating to exploration authorities and transfers of interests in exploration authorities under such farm-in agreements. Partner Katrina Parkyn and Associate Jay Prasad examine the scope of the concession.

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  • Focus: NSW Government releases NSW Gas Plan to 'reset' its regulatory approach for the sector

    17 November 2014

    The NSW Government has released the NSW Gas Plan which foreshadows more gas development in the State in conjunction with the introduction of 'tough' new legislation to manage future developments. Partner Igor Bogdanich, Senior Energy & Resources Counsel David Maloney AM, and Senior Associate Michael Zissis report.

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  • Client Update: Innovation and competitiveness agenda to benefit the resources and energy sectors

    6 November 2014

    The Federal Government has released its Industry Innovation and Competitiveness Agenda, the industry-led growth and innovation component of its broader Economic Action Strategy reform. Industry participants in the resources and energy sectors will benefit from proposals which aim to increase competitiveness and drive economic growth in these prioritised sectors. Partner Igor Bogdanich and Lawyer Ellie Mulholland report on the proposals.

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  • Focus: 'Publish what you pay' may be on its way!

    3 November 2014

    A new Bill has been introduced into the Federal Parliament, which might herald the arrival of 'publish what you pay' legislation in Australia. Partner Igor Bogdanich and Senior Associate Penny Alexander examine the background to the Bill, together with the implications for Australian companies operating in the resources sector if it becomes law.

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  • Focus: Unlocking the tax value of greenfield exploration expenditure

    20 October 2014

    Draft legislation has been released that contains details of the Exploration Development Incentive announced as part of the 2014-15 Federal Budget. The scheme is designed to encourage equity investment in greenfield explorers, by enabling explorers to issue 'exploration credits' to its investors. Partner Martin Fry and Senior Associate Jennifer Richards report.

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  • Client Update: A new market for Australian uranium

    7 October 2014

    The Australian Government has signed an agreement with India for the sale of uranium, and has now made the agreement publicly available. Partner Richard Malcolmson, Senior Associates Emily Gerrard and Anna Vella and Lawyer Jayde Geia report on the agreement and its implications.

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  • Client Update: Law reform to improve conditions for investors in Mongolia

    29 September 2014

    Last week, the Mongolian Government released the agenda for the upcoming autumn sitting of parliament. The release of the agenda, twice annually, is always of interest to investors, and the autumn 2014 agenda is no exception. Partner Igor Bogdanich and Associate Tess Fitzgerald look at what may be of interest to foreign investors.

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  • Focus: Federal Government takes next step in energy review

    26 September 2014

    The Federal Government has issued a Green Paper to inform the preparation of its Energy White Paper, which is due for release by the end of 2014. Partners Paul Kenny, Government Sector Leader, and Anna Collyer, Power and Utilities Sector Leader, provide an overview.

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  • Client Update: Major water reform in Queensland to affect all water users with significant changes for the resources industry

    25 September 2014

    The Queensland Government has introduced amending legislation that will significantly reform all parts of water regulation in Queensland. The reform introduces significant streamlining opportunities but also new obligations, particularly for those in the resources industry. Partner Bill McCredie, Special Counsel Philip Murray and Senior Associate Gobind Kalsi report.

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  • Client Update: Major changes proposed to environmental regulation in Queensland

    24 September 2014

    The Queensland Government has introduced amending legislation that will result in new flexibility, new obligations and higher penalties in relation to environmental regulation in Queensland. Partner Bill McCredie and Senior Associate Gobind Kalsi report.

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  • Client Update: First step to implement a Common Resources Act in Queensland

    17 September 2014

    The Queensland Government has passed legislation (now currently awaiting assent) that is the first stage of a program to rationalise the regulatory regime for all types of resources tenure in Queensland. Partner Ben Zillmann, Managing Associate John Hedge, Senior Associate Gobind Kalsi and Associate Andrea Moffatt report on the legislation and the important changes that have been included since the draft legislation was first introduced into Parliament.

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  • Focus: Repeal of the Minerals Resource Rent Tax

    3 September 2014

    One year on from its election victory, the Federal Government has fulfilled its commitment to repeal the Commonwealth Minerals Resource Rent Tax and related tax measures, by passing a repeal Bill through the Senate yesterday. The repeal is expected to take effect later this year. Partner Martin Fry and Senior Associate Julian Feiner explain the context and implications.

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  • Focus: Queensland's new framework for the development of the deep gas and oil industry

    1 September 2014

    The Queensland Government has released a plan to encourage the viability of the emerging 'unconventional' deep gas and oil industry. Partner Igor Bogdanich, Managing Associate John Hedge and Lawyer Ellie Mulholland analyse the recommended changes to Queensland's onshore petroleum regulatory framework, which are aimed at reducing regulatory and commercial barriers to investment, and ensuring that the industry develops in an environmentally and socially responsible way.

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  • Focus: New planning legislation for Queensland's development

    18 August 2014

    The latest component of the Queensland Government's planning reform package has been released. The draft Planning and Development Bill aims to facilitate Queensland's development by balancing economic growth, environmental protection and community wellbeing. Special Counsel Rosanne Meurling and Senior Associate Anna Vella report.

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  • Client Update: Recent developments in uranium

    12 August 2014

    Partner Richard Malcolmson and Senior Associates Emily Gerrard and Anna Vella report on recent developments in the Australian uranium sector, including Queensland's framework for uranium mining, the Western Australian regulator's recommendation to proceed with uranium mining at Kintyre, and the Federal Government's proposal to include 'nuclear actions' in the streamlining of environmental assessments and approvals as a 'one stop shop' process.

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  • Client Update: Amending Mongolia's Minerals Law

    29 July 2014

    The Mongolian Parliament has passed amendments to the country's Minerals Law which should be of interest to foreign investors and mining companies. Partners Igor Bogdanich and Kate Axup, and Senior Associate Steven Local, look at what certain of the amendments may mean for Mongolia's mining sector.

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  • Focus: Japan and Australia - a new era of opportunity

    11 July 2014

    This week's historic visit to Australia by the Japanese Prime Minister, Shinzo Abe, has been widely lauded as the beginning of a new era in the relationship between the two countries. Japan Sector Leader and Partner Tim Lester and Senior Associate Penny Alexander report on the opportunities this new 'special relationship' will bring for both Australia and Japan.

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  • Client Update: Reforms to resource royalty administration and collection in Queensland

    27 June 2014

    Legislative amendments have been passed in Queensland recently to strengthen the State Government's ability to administer its resource royalty regime. Partner Ben Zillmann and Lawyer Giselle Kilvert consider the changes and what they mean for resource companies and, importantly, their executives.

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  • Focus: First step towards a Common Resources Act in Queensland

    12 June 2014

    New legislation has been introduced into the Queensland Parliament that will mark the first stage of a program that will attempt to rationalise the regulatory regime for all types of resources tenure in that state. The new legislation also introduces a number of major reforms to the land access and restricted land framework, overlapping coal and coal seam gas tenure, and to the mining lease application and objection process. Partner Ben Zillmann, Senior Associate John Hedge, Lawyers Andrea Moffatt and Hannah Lilley, and Law Graduate Daniel Bradford report.

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  • Focus: Greater flexibility for onshore petroleum tenure holders in Queensland

    3 June 2014

    Queensland's petroleum legislation was recently amended to provide greater flexibility to onshore petroleum tenure holders for a variety of matters, including extensions to work programs and terms of authorities to prospect, relinquishment conditions and work programs, and greater flexibility in both the reserves required for the grant of a petroleum lease and timing for commencement of production. Partner Ben Zillmann, Senior Associate John Hedge and Lawyer Andrea Moffatt report on these amendments, which have been designed to better align tenure issues with the practicalities of large-scale multi-tenement projects, but also to offer flexibility for smaller projects.

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  • Client Update: Negative report on floating LNG technology in WA

    19 May 2014

    A major report on the economic viability of using floating LNG technology in WA has found it has the potential to impact negatively on that State's domestic gas supply and the State Government's revenue base. Partners Tracey Greenaway and Mark McAleer and Lawyer Anne Beresford consider the key findings and implications of the report, especially for those contemplating/planning a floating LNG project in WA waters.

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  • Focus: Queensland's coal and CSG overlapping tenure regime getting a makeover

    1 May 2014

    The Queensland Government has released proposed changes to the legislative framework for regulating overlapping coal and coal seam gas tenure, which has been a vexed issue since the emergence of the coal seam gas industry in Queensland. The changes principally reflect the industry proposal in the Queensland Resources Council's 2012 White Paper, including permitting grants of overlapping production tenements and providing a statutory right of way for coal development (albeit conditional on certain requirements). It also includes transitional arrangements, such that the existing regime will continue to apply to numerous existing coal and coal seam gas projects. Partner Ben Zillmann and Senior Associate John Hedge comment on the proposed changes.

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