Allens

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: 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.

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • 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.

    Read More
  • Focus: Warkworth mine - another victim of over-regulation

    29 April 2014

    The NSW Court of Appeal has upheld the Land and Environment Court's refusal of the proposed Warkworth mine expansion. This case highlights the complexity and onerous nature of the environmental assessment regime for major projects in NSW, which empowers the courts to overturn a project approval despite a project having already undergone three levels of environmental assessment. Partner Jim Parker and Lawyer Naomi Bergman report.

    Read More
  • Focus: China's business regulatory approval reforms - further steps to market liberalisation

    1 April 2014

    The PRC Government is reforming its corporate regulatory approval processes at an unprecedented rate. The changes are aimed at facilitating private sector investment (including foreign direct investment) in order to move towards a more market-driven economy. Over the past four months, new regulations have reduced and, in certain cases, removed, corporate regulatory approval requirements for a range of business activities and investments. As part of these reforms, changes have also been made to the PRC Company Law and associated regulations. Partner Kate Axup, Senior Associate Wayne Wang and Lawyer Shona Shang look at the key changes.

    Read More
  • Focus: New Regional Planning Interests regime adopted for resources activities in Queensland

    28 March 2014

    Queensland has a new planning approval process for resources activities and 'regulated activities' in areas of regional interest, following the passage of landmark legislation. The new approvals regime may have implications for existing and future resource projects. Partner Bill McCredie and Senior Associates Michael Zissis and Gobind Kalsi review the new legislation and the next steps.

    Read More
  • Focus: Queensland reviews mining lease objection process and land access regime

    26 March 2014

    As part of its ongoing initiative to reduce red tape and streamline application and approval processes for the resources industry, the Queensland Government has released two discussion papers simultaneously proposing amendments to the objection regime for mining leases and also to the regulation of 'restricted land' as it affects all resource authorities (including petroleum tenements). If all of the changes proposed in the discussion paper are implemented, it will affect who can object to mining leases in the future. The changes would also standardise the restricted land provisions across all resources authorities, but, at the same time, introduce advantages for some tenement holders in relation to land access. Partners Ben Zillmann and Bill McCredie consider the issues and the changes that might be made.

    Read More
  • Client Update: Changes recommended to the Regional Planning Interests Bill

    19 March 2014

    The Queensland State Development, Infrastructure and Industry Committee has recommended aspects of the Regional Planning Interests Bill 2013 be amended. Partner Bill McCredie and Senior Associate Michael Zissis outline the committee's key recommendations and the next steps towards the implementation of the new approvals regime for resource activities in 'areas of regional interest' in Queensland.

    Read More
  • Client Update: High Court rules mining leases and native title can co-exist

    13 March 2014

    Yesterday, the High Court ruled that certain mining leases in Western Australia did not extinguish all native title rights, but rather the mining rights and native title rights co-exist. In doing so, the High Court took the opportunity to clarify the test for determining when native title rights will be extinguished by statutory grants at common law. Partners Ben Zillmann and Marshall McKenna look at the findings of the court and the implications of the case.

    Read More
  • Client Update: Streamlining the regulation of environmental offsets in Queensland

    25 February 2014

    Legislation recently introduced into the Queensland Parliament will establish a new regime for the provision and regulation of environmental offsets in Queensland. Partner Bill McCredie, Special Counsel Rosanne Meurling and Lawyer Julieane Bull report on the key changes and identify some matters yet to be addressed.

    Read More
  • Client Update: Mongolia's new State Minerals Policy

    17 February 2014

    The Mongolian Parliament has adopted a new State Minerals Policy, which will serve as the basis for amendments to the existing Minerals Law and other laws relating to the mining sector. Partners Igor Bogdanich and David Wenger and Senior Associates John Koshy and Tserena Yumjav look at what the new Minerals Policy will mean.

    Read More
  • Client Update: Indonesia implements export ban on ore

    21 January 2014

    In a move intended to add value for Indonesia by requiring that the processing and refining of mineral commodities be conducted there, the Government has issued new regulations implementing in-country processing requirements for mineral commodities (excluding coal), including a ban on the export of unprocessed ore. Partner David Holme and Senior Associates Brooke Van Gils and Made Satwika report.

    Read More
  • Focus: Emissions Reduction Fund Green Paper released

    10 January 2014

    The Federal Government has released its Green Paper on the design of the Emissions Reduction Fund. Partner Grant Anderson reports on this proposed centrepiece of the Government's Direct Action Plan.

    Read More
  • Client Update: New offshore petroleum application fees

    15 November 2013

    Participants in the oil and gas sector in Australia should be aware that registration fees payable for the approval and registration of transfers and dealings relating to offshore petroleum titles have been replaced with fixed application fees. Partners Anthony Patten and Mark McAleer and Lawyer Anne Nguyen provide an overview of the new application fees regime.

    Read More
  • Client Update: New changes confirm validity of mining leases

    14 November 2013

    As a result of recent legal challenges to the validity of mining leases, the NSW Parliament has passed amendments that mean a development for 'mining purposes' can be sufficient to support the grant of a mining lease for minerals. However, this does not change the requirement that, in order to undertake mining on any part of a mining lease, the leaseholder must have a development consent that permits mineral extraction from that area. Partners Paul Lalich and Jim Parker and Lawyer Patricia Abordo report.

    Read More
  • Client Update: Resource significance the new focus in assessment of NSW mining proposals

    8 November 2013

    The NSW Government has amended the State policy governing the assessment of mining proposals, to place economic benefits and resource significance at the centre of the assessment process, and establish clear environmental and amenity criteria for mining projects. Partner Bill McCredie, Senior Associate Michael Zissis and Lawyer Naomi Bergman report on the amendments, which have been introduced following the controversial Land and Environment Court decision on the Warkworth mine extension in the Hunter Valley.

    Read More
  • Focus: New traditional owner negotiation requirements for central Victoria

    1 November 2013

    The Dja Dja Wurrung Land Use Activity Agreement has commenced operation, creating a new negotiation framework for activities on public land in central Victoria. Partner Chris Schulz and Senior Associates Emily Gerrard and Penny Creswell explore the implications.

    Read More
  • Client Update: Mining v agriculture - new regional plans and strategic cropping land review report released

    25 October 2013

    The first regional plans for Central Queensland and the Darling Downs have been made, 'to resolve competing state interests relating to the agricultural and resources sectors'. The Queensland Government has also released a report on its review of the State's 'strategic cropping land' framework. Partner Bill McCredie, Special Counsel Philip Murray and Senior Associate Michael Zissis review the regional plans and SCL review report, what detail is still to come and the implications, particularly for the resources sector.

    Read More
  • Focus: New oversight mechanism for private military and security companies

    17 October 2013

    In recent years, there has been an increase in the use of private military and security companies by corporations that have operations in conflict affected areas. Recently, the first multi-stakeholder initiative has been established to provide an oversight mechanism for the compliance of private military and security companies with international law and industry standards. Partner Rachel Nicolson, Senior Associate Dora Banyasz and Lawyer Alyse Richmond report.

    Read More
  • Client Update: Queensland's uranium mining action plan

    13 September 2013

    The Queensland Government has released its action plan for recommencement of uranium mining, with the aim of lease applications being assessed from July 2014. Partner Richard Malcolmson and Senior Associates Anna Vella and John Hedge report on the plan's recommendations.

    Read More
  • Focus: High Court upholds validity of the MRRT

    13 August 2013

    The High Court has dismissed Fortescue Metals Group's challenge to the constitutional validity of the Commonwealth minerals resource rent tax. Partner Katrina Parkyn and Lawyer Scott Lang discuss the High Court's decision and the implications it has for the interaction between Commonwealth and state taxes generally.

    Read More
  • Client Update: Queensland streamlines processes for taking security over mining and petroleum interests

    22 July 2013

    Recent Queensland legislation reforms the way financiers effect security over mining and petroleum interests. Instead of having to apply for Ministerial approval or lodge caveats, the law now allows financiers to electronically lodge and register mortgages over 'mining tenements' and 'petroleum authorities' with the Department of Natural Resources and Mines. Partner Karla Fraser and Law Graduate Riley Downie report.

    Read More
  • Focus: Proposed reorientation of EFIC's role and the impact on project and infrastructure financing transactions.

    16 July 2013

    The Foreign Affairs, Defence and Trade Legislation Committee has tabled in the Senate its committee report recommending new legislation that, if enacted, will reorient the role of the Export Finance and Insurance Corporation towards supporting exports by small and medium business enterprises and, otherwise, towards addressing 'market failures' that may impede Australian exporters. The legislation will also increase EFIC's power to provide assistance to foreign subsidiaries of Australian-based SMEs. Partner Phillip Cornwell, Special Counsel Debra Counsell and Lawyer Amy Cashman report.

    Read More
  • Focus: Are you rehabilitation-fund ready?

    28 June 2013

    The Western Australian mining rehabilitation fund is about to come into effect. It will replace the existing regime of unconditional performance bonds, with significant implications for tenement holders. Partner Jodi Reinmuth and Lawyer Peter Jensen report.

    Read More
  • Focus: Key changes to working conditions for offshore oil and gas projects

    3 June 2013

    A proposed amendment to Australia's migration legislation seeks to ensure that foreign offshore oil and gas workers will require a 457 visa and be subject to Australian employment law. If this change is made, owners and operators of offshore oil and gas projects will need to ensure they and their contractors are aware of, and comply with, their obligations regarding visas and the application of Australian employment laws. The proposed amendment will also most likely increase the scope for union activity on these projects. Special Counsel Eleanor Jewell reports.

    Read More
  • Focus: Proposed changes to national access regime

    31 May 2013

    The Productivity Commission has released a draft report of its review of Australia's national access regime, which supports the retention of the regime but recommends a number of significant changes to its legal framework. Special Counsel Verity Quinn and Partner Ted Hill report.

    Read More
  • Focus: 2013 Budget - amendments to deduction for mining rights and information

    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.

    Read More
  • Focus: Softening the investment rules in Mongolia

    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 and their significance to foreign investors.

    Read More
  • Client Update: New uranium mine approved in Western Australia

    3 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.

    Read More
  • Client Update: Providing greater investor certainty in Mongolia

    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.

    Read More
  • Client Update: The recommended framework for uranium mining in Queensland

    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.

    Read More
  • Focus: Security of payment - the 'mining exclusion' considered again!

    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.

    Read More
  • Client Update: Resource industry operators - are you ready for the Greentape Reduction Act?

    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.

    Read More
  • 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.

    Read More
  • Focus: Major changes to WA mining law

    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.

    Read More
  • Client Update: Changes to WA mining regulations

    4 December 2012

    Participants in the Western Australian mining industry should be aware of important changes to that State's mining regulations. Partner Gerard Woods and Lawyer Anne Nguyen examine the key features of the amended regulations.

    Read More
  • Client Update: Strong interest in NSW uranium exploration

    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.

    Read More
  • Focus: Security of payment - the 'mining exclusion' under the microscope

    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.

    Read More
  • Focus: Significant projects and Infrastructure facilities in Queensland - Proposed changes to the approval process and the powers of the Coordinator-General

    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.

    Read More
  • Focus: Myanmar's new foreign investment law

    7 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.

    Read More
  • Client Update: Uranium mining ban lifted in Queensland

    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.

    Read More