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The Garnaut Climate Change Review's Final Report, which was released today, contains no surprises but simply confirms many of the findings and recommendations made in the Review's previous reports. Partner Grant Anderson reports

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The Geothermal Reporting Code, the world's first uniform code to guide the public reporting of geothermal data, was released in August 2008 by the Australian Geothermal Energy Association and the Australian Geothermal Energy Group. In a further significant development, the Federal Government recently launched the Geothermal Drilling Program, through which $50 million will be allocated to support geothermal projects in Australia

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Professor Ross Garnaut's Supplementary Draft Report released today proposes a 'soft approach' to emission reduction targets, with the development of a comprehensive international agreement being critical to Australia accepting increased targets. Partner Matthew Skinner and Senior Associate Suzanne Westgate report

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Professor Ross Garnaut's Supplementary Draft Report released today proposes a 'soft approach' to emission reduction targets, with the development of a comprehensive international agreement being critical to Australia accepting increased targets. Partner Matthew Skinner and Senior Associate Suzanne Westgate report

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Professor Ross Garnaut's Supplementary Draft Report released today proposes a 'soft approach' to emission reduction targets, with the development of a comprehensive international agreement being critical to Australia accepting increased targets. Partner Matthew Skinner and Senior Associate Suzanne Westgate report

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Following on from our summary of the Federal Government's Green Paper on its proposed Carbon Pollution Reduction Scheme released on 16 July 2008, Partner Grant Anderson discusses in greater detail the proposals regarding the design of that Scheme

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On 16 July 2008, the Minister for Climate Change and Water, Penny Wong, released a much-anticipated Green Paper that sets out the Federal Government's preferred model for Australia's proposed emissions trading scheme, to be known as the Carbon Pollution Reduction Scheme. Allens Arthur Robinson's Climate Change Group provides initial commentary on the key reforms proposed in the Green Paper

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On 2 July 2008, Federal Climate Change Minister Penny Wong released a discussion paper canvassing two regulatory approaches for an expanded national renewable energy target scheme. Partner Grant Anderson, Senior Associate Robyn Glindemann and Lawyer Jessica Moir look at the discussion paper

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Following on from his summary of the draft report of the Garnaut Climate Change Review released on 4 July 2008, Partner Grant Anderson discusses in greater detail some of the principal findings and recommendations of the draft report

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The eagerly awaited draft report of the Garnaut Climate Change Review was released at lunchtime today. Partner Grant Anderson and Senior Associate Suzanne Westgate provide initial commentary on the findings of the draft report

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A new Bill introduced into the Western Australian Parliament by the Greens attempts to set a greenhouse gas emissions intensity standard for new power stations in Western Australia. Senior Associate Valeria Cooney and Lawyer Lorna Creewel report

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On June 26, the Federal Climate Change Minister Penny Wong released the National Greenhouse and Energy Reporting Regulations 2008, providing important detail for companies who may be required to report under the National Greenhouse and Energy Reporting Scheme which commences on 1 July 2008. Partner Grant Anderson, Senior Associate Robyn Glindemann and Lawyer Jess Moir look at the new regulations

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The National Gas (South Australia) Act 2008, introducing the long-awaited National Gas Law, is in the final stages of its passage through the South Australian Parliament and will commence on 1 July 2008. Special Counsel Louise Thomson and Articled Clerk Stephanie Salmon look at the key changes to the national gas access regime

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The Federal Government has released its long-awaited exposure draft of the Offshore Petroleum Amendments (Greenhouse Gas Storage) Bill 2008. The Bill's purpose is to establish the framework for access to offshore geological storage formations, and the creation of property rights for greenhouse gas injection and storage activities in Commonwealth offshore waters. The Federal Government has described the legislation as being 'world first', and its terms will be subject to international scrutiny

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The Economic Regulation Authority of Western Australia is conducting a range of inquiries into water regulation and licensing in Western Australia. Senior Associate Robyn Glindemann and Research Assistant Caroline Spencer take a look at the more significant reports

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Partner Darren Murphy and Senior Associate Caitlin Westgarth report on the Federal Government's announcement to amend the Energy Efficiency Opportunities Regulations 2006 with effect from 1 July 2008 to avoid duplication with the reporting requirements under the National Greenhouse and Energy Reporting System

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When the Federal Government implements the national emissions trading scheme (NETS), proposed to be in 2010, the New South Wales Greenhouse Gas Reduction Scheme (GGAS) will cease to operate. The NSW Government has released its long-awaited consultation paper on the possible transitional arrangements. Partner Andrew Mansour and Lawyer Andrew Daly outline the proposed transition options

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Professor Ross Garnaut has released his discussion paper on the design of an Australian emissions trading scheme. The proposals contained in the paper will be an important input into the design of the Federal Government's scheme and some of them are likely to engender vigorous debate. Partner Grant Anderson reports

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The High Court of England and Wales recently considered whether a 'take or pay' provision is unenforceable because it is essentially a penalty. Although the final ruling maintained the status quo, it could have implications for Australian energy contracts which commonly use 'take or pay' clauses. Partner Angus Jones and Law Graduate Jackson Allen look at the case of M&J Polymer v Imerys Minerals

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The Victorian Government recently introduced legislation into Parliament designed to reduce greenhouse gas emissions, encourage the efficient use of electricity and gas and encourage investment in technology that reduces energy use. The proposed legislation does this by requiring large energy retailers to acquire energy efficiency certificates that are generated by specified greenhouse gas reduction activities

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Earlier this month, the Ministerial Council on Energy released a regulatory impact statement as a step toward deciding whether to amend the National Electricity Law to require separate ownership of generation and transmission assets. Partner Grant Anderson and Articled Clerk Frances Dunn review the options under consideration

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The High Court of Australia has held unanimously that the Australian Competition and Consumer Commission had acted incorrectly and unreasonably in adopting its own methodology for determining the value of the Moomba-Sydney gas transmission pipeline. Partner David Maloney and Lawyer Andrew Daly consider the decision

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On 19 July, the Ministerial Council on Energy's Standing Committee of Officials released the second exposure drafts of the National Gas Law and National Gas Rules. Special Counsel Louise Thomson and Lawyer Damian Jacobs outline the key changes from the initial exposure drafts

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On 1 July 2007, Western Power's amended access arrangement, setting out the terms and conditions under which Western Power will provide users and applicants with access to its South West Interconnected Network, came into effect. Senior Associate Valeria Cooney and Lawyer Alison Baxter outline the key aspects of the access arrangement

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The National Electricity Market has seen the first suspension of an active electricity retailer and the application of Retailer of Last Resort schemes across a number of states. Partner John Greig looks at what happened and the consequences for market participants and customers alike

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The Prime Minister's Task Group on Emissions Trading has released its long-awaited findings. Partner John Greig and Senior Associate Suzanne Westgate provide initial commentary on the Task Group's findings

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In March, the Standing Committee of Officials of the Ministerial Council on Energy released its response to submissions on the exposure draft of the National Gas Law. Senior Associate Louise Thomson and Lawyer Damian Jacobs discuss the proposed reforms and their ongoing evolution

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As the question of using nuclear energy in Australia heats up, Partner Anna Collyer and Lawyer Jeremy Loeliger revisit the major aspects of the Federal Government's recent report on uranium mining, processing and energy

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Against the backdrop of the recent report to the Federal Government on uranium mining, processing and the production of nuclear energy by the Uranium Mining, Processing and Nuclear Energy Review Taskforce, Senior Associate Igor Bogdanich and Lawyer Jeremy Loeliger set out the key elements of the regulatory regimes that currently govern the mining of uranium, and the construction and operation of nuclear power plants, in Australia

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The Queensland Government has legislated to ban the construction or operation of nuclear facilities in the state. As Partner Ken MacDonald and Lawyer John Hedge report, this was prompted by the Federal Government's moves to consider the use of nuclear energy to help meet Australia's future energy needs

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On 12 October 2006 the Western Australian Government released its domestic gas supply policy statement. To meet the state's long-term energy security and economic development, the WA Government will negotiate with proponents of export LNG projects to obtain a domestic gas supply commitment up to the equivalent of 15 per cent of LNG production from each new LNG project. Partner Gerard Woods and Law Graduate Clare McNeill report

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The National Emissions Trading Taskforce has released a blueprint of a proposed national greenhouse gas emissions trading scheme and is inviting consultation on the plan. Senior Associate Julie Freeman and Articled Clerk Alan Grinceri review the proposed scheme

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On 23 August, the Standing Committee of Officials of the Ministerial Council on Energy announced a revised timeline for the introduction of the national legislative framework for electricity and gas regulation. The announcement follows the release of the MCE's statement of scope for the legislation on 31 July

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The Ministerial Council on Energy has published an outline of the draft national legislative framework for electricity and gas, scheduled for introduction to the South Australian Parliament later this year. Senior Associate Louise Thomson reviews the proposals

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The Gas Market Leaders Group has submitted its National Gas Market Development Plan, which contains a number of recommendations for the development of a national gas market, including the introduction of a bulletin board providing market information and the design of a short-term trading market. Senior Associate Louise Thomson and Lawyer Alison Baxter examine these recommendations

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The Victorian Government has introduced a Bill to Parliament to create a renewable energy target scheme to supplement the Federal Government's mandatory renewable energy target. Partner Paul Kenny and Articled Clerk Alan Grinceri discuss the proposed VRET scheme

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In May, the Ministerial Council on Energy formally responded to the Productivity Commission's 2004 review of the gas access regime. The response included measures to promote investment in new pipeline infrastructure by providing regulatory certainty for the first 15 years of a pipeline's operation. Specific legislation to implement those greenfields pipeline incentives has now been proposed. Senior Associate Louise Thomson and Articled Clerk Victoria Wark look at some of the details

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Victoria's infant geothermal energy industry is heating up with two recent significant developments. In April, the Victorian Minister for Energy Industries and Resources, Theo Theophanous, issued a formal invitation for applications for exploration permits pursuant to the Geothermal Energy Resources Act 2005 (Vic).

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The Ministerial Council on Energy has indicated that significant changes will be made to the national gas access regime in response to the Productivity Commission's 2004 review. An exposure draft of the new National Gas Law and Rules is now scheduled to be released in late July. Senior Associate Louise Thomson reviews the announced changes to the gas access regime in the context of the wider energy market reforms

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A Bill to amend the Commonwealth Renewable Energy (Electricity) Act 2000 will enhance the operation of the renewable energy certificates market by implementing selected recommendations of the Tambling Review. Partner Grant Anderson and Articled Clerk Alan Grinceri review the reforms proposed in the Bill

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A number of important pronouncements were made at this month's COAG meeting about the ongoing reform of the energy sector. Partner Grant Anderson, Senior Associate Darren Murphy and Lawyer Brigg Baxter provide a brief overview of these pronouncements

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In its first decision on cultural heritage management plans, the Queensland Land and Resources Tribunal demonstrated that it will recommend approval of a plan considered fair and reasonable in the circumstances. It also made important determinations on a number of contentious issues common to most CHMPs. Senior Associate Ben Zillmann and Strati Pantges report

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A recent judgment by the Victorian Court of Appeal in Esso Australia Resources v Southern Pacific Petroleum considered whether or not an obligation of good faith should be implied into a joint venture agreement, and whether this might restrict the ability of a party to assign its participating interest in the joint venture in certain circumstances. Partner Scott Langford, Senior Associate Igor Bogdanich and Articled Clerk Derek Ritzmann explain

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Last week, the Western Australian Parliament passed legislation for the restructuring of the Western Power Corporation. Senior Associate Darren Murphy and Lawyer Alex Brown provide a brief overview of the new legislative arrangements

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Senior Associate Robyn Glindemann and Lawyers Kate Barrett and Penny Creswell look at some of the issues raised in four recent decisions relating to native title

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The Ministerial Council on Energy has been charged with responding to the Productivity Commission's review of the national gas access regime on behalf of the Council of Australian Governments. As part of this process, the Ministerial Council on Energy's Standing Committee of Officials has released a draft of its responses for public consultation.

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On 2 August, the Ministerial Council on Energy released the final report, Options for the Development of the Australian Gas Wholesale Market. The report canvasses options for the development of the Australian gas wholesale market and the extent to which government is needed to facilitate that development. Senior Associate Louise Thomson and Lawyer Penny Creswell take a look at the options outlined in the report

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In July, the first price determination issued by the Victorian Essential Services Commission for the water industry came into effect. Senior Associate Julie Freeman and Partner Anna Collyer look at the determination

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A framework to facilitate and regulate the exploration for, and extraction of, geothermal energy resources in Victoria will be created by the new Geothermal Energy Resources Act, which was enacted earlier this year and will come into effect on or before 30 June 2006. Lawyer Alex Fleming and Partner Scott Langford examine the Act and some of the interesting issues raised by it

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The Productivity Commission has released its Draft Report on Energy Efficiency, which contains a number of draft findings and recommendations of significance for energy policy. Senior Associate Darren Murphy and Law Graduate Alex Purtill discuss some of the key findings and recommendations of the draft report

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Now that the Kyoto Protocol is in force, focus has turned to its implementation and variations in emerging domestic and international emissions trading markets. There is also uncertainty about what the natural and business climate will resemble beyond the Protocol's first commitment period in 2012. Partner Chris Schulz and Lawyer Emily Gerrard look at regional opportunities and changes for business under the Protocol and beyond

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Partner Alan Millhouse and Articled Clerk Mark Schneider look at a recent joint study by the Asian Development Bank, the Japan Bank for International Cooperation and the World Bank, which highlights potentially vast opportunities for Australian companies interested in participating in infrastructure investment that has been identified as urgently needed in the East Asian region

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The Queensland Parliament has passed an Act amending the State's mining legislation for the purpose of 'improving operational efficiencies'. On closer inspection however, the amending legislation introduces some important changes that mining companies should take note of. Senior Associate Ben Zillmann and Lawyer Rochelle Spedding report

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The Victorian Government recently announced a major review of the State's cross-ownership laws for the gas and electricity sectors. The review has been prompted by AGL's successful acquisition of a stake in Loy Yang Power that was initially rejected by the ACCC under the Trade Practices Act. An Issues Paper released at the same time proposes a number of alternatives to the existing provisions

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The Ministerial Council on Energy has released an Options Paper on the final arrangements of a national gas emergency response protocol for major supply interruptions in the natural gas sector. Senior Associate Darren Murphy and Lawyer Janine Carroll provide an overview of the paper

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After many years of negotiation, the Kyoto Protocol comes into force today. Much publicity and effort has focused on the Protocol's implementation, which has been celebrated as an example of international cooperation in addressing global climate change. However, the Protocol's practical impacts remain a matter of contention and conjecture. Partner Chris Schulz and Lawyer Emily Gerrard discuss the Protocol and examine the potential impact on Australian business

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The National Water Commission Act 2004 (Cth) came into force on 17 December 2004. The purpose of the Act is to establish the National Water Commission, an independent statutory body that is to play an important role in driving Australia's water reform agenda. Partner Grant Anderson and Lawyer Alistair Newton outline the National Water Commission's primary responsibilities

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The Mining Amendment Act 2004, which was assented to on 3 November 2004, will amend the Mining Act 1978 (WA) and the Mining Amendment Act 1996 (WA). Partner Gerard Woods, Senior Associate Robyn Glindemann and Law Graduate Margot King examine the new Act

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Recent amendments to the consumer safety net in Victoria's energy legislation extend the existing consumer safety net provisions and provide more comprehensive protections for small retail customers. Articled Clerk Melissa Rudd and Partner Anna Collyer look at the amendments and their likely effect on the Victorian energy industry

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Lawyer Mark Richards examines the new Electricity Industry (Wind Energy Development) Act 2004 (Vic), which is designed to facilitate investment in wind farms. Changes include spreading the cost of connecting wind energy generators to the distribution system across other generators and distributors, as well as requiring certain retailers to publish the prices at which they will purchase electricity from small wind energy generators

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A recent Victorian Civil and Administrative Tribunal ruling has meant that future planning scheme amendments may have to consider wider and more indirect impacts such as greenhouse effects when assessing the environmental impacts of a project. Lawyer Naomi Lindsay and Partner Chris Schulz look at the ruling's ramifications

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Water reform has emerged as a significant issue in the 2004 federal election campaign. Partner Grant Anderson and Lawyer Alistair Newton consider two key election policies relating to water: the Howard Government's Securing Australia's Water Future and the Australian Labor Party's Saving the Murray River

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Lawyer Mark Richards summarises the key findings and recommendations of the Productivity Commission's review. Significant changes from the recommendations made in the draft report are also highlighted

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The Victorian Essential Services Commission recently released its final decision on the new Energy Retail Code, which will replace the existing separate gas and electricity retail codes from 1 January 2005. Senior Associate Louise Thomson looks at some of the new provisions and how this Code might fit into a new regulatory order

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On 25 June 2004, the Council of Australian Governments (COAG) agreed to implement a National Water Initiative that is intended to result in greater compatibility between the state water regulatory regimes and in the adoption of best-practice approaches to water management nationally. Partner Grant Anderson and Senior Associate Robyn Glindemann outline the details of this important initiative

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Partner Grant Anderson and Lawyer Alistair Newton outline the key elements of the Victorian Government's recently released White Paper on water policy, Securing Our Water Future Together

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Yesterday, the Federal Government released its White Paper on energy policy entitled Securing Australia's Energy Future. While the White Paper does not contain any major shifts in policy direction, it does introduce several new initiatives. Its most controversial feature is likely to be the absence of any expansion of the Mandatory Renewable Energy Target scheme. Partner Grant Anderson and Senior Associate Darren Murphy provide a brief overview of the highlights of the White Paper.

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The Queensland Parliament has introduced a long-awaited Bill that completely rewrites the Queensland legislation regulating the petroleum and gas industries. However, as Senior Associate Ben Zillmann reports, industry has not seen the last of the state's Petroleum Act of 1923

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AAR's Jim Parker and Dominique Dalla-Pozza provide an overview of a recently released United Nations Conference on Trade and Development manual that contains guidelines for corporate environmental accounting

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Geothermal exploration has been hampered by legal and practical difficulties in the past. The Queensland Government has now introduced legislation to assist in developing geothermal exploration in the state. Partner John Greig explains

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The Queensland Government's new regime to protect indigenous cultural heritage began on 16 April 2004. The commencement of the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003 signifies the beginning of a more comprehensive regime for the recognition, protection and conservation of Aboriginal cultural heritage. Senior Associate Ben Zillmann and Lawyer Rochelle Spedding report

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The Federal Court has determined that native title rights exist over waters in the Gulf of Carpentaria, off the North West Queensland coast. However, in its judgment delivered last week (23 March 2004), the court ruled that the native title rights are non-exclusive, meaning the impact of the determination on third parties is minimal. Senior Associate Ben Zillmann and Lawyer Rochelle Spedding report

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By the end of 2003, national energy reforms finally began to look unstoppable. In December, ministers agreed on a number of key reform issues, including principles for the establishment of a national energy regulator, and the Productivity Commission released its draft report on the national gas access regime. Senior Associate Louise Thomson looks at some of the Productivity Commission's draft findings and recommendations, in particular, the proposal for a two-tier regulatory regime

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In March 2003, the Commonwealth Government established a panel to review its Mandatory Renewable Energy Target as stipulated under the Renewable Energy (Electricity) Act 2000. Although the panel reported to Parliament in September 2003, its report was only released to the public in January this year. Senior Associate Robyn Glindemann examines the significant findings of the panel

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The Ministerial Council on Energy has endorsed significant reforms in the regulation of Australia's energy markets and in the planning of interconnectors in the National Electricity Market. Partner Grant Anderson discusses and analyses these reforms

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The Queensland Government recently passed two new Acts that will replace the current cultural heritage legislation in Queensland and will provide a more prescriptive regime for managing and protecting cultural heritage than is presently the case. Senior Associate Ben Zillmann looks at the new legislation

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One of the recommendations of the Parer Committee was the replacement of the existing disparate Commonwealth and State greenhouse abatement schemes with a national emissions trading scheme. Partners Jim Parker and Grant Anderson look at these schemes and the Parer Committee recommendations as well as the Kyoto Protocol and the emerging prospect of climate change litigation

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The eagerly awaited introduction of legislation regulating coal seam gas in Queensland is a step closer following the recent release by the Queensland Government of a consultation draft of the Mineral Resources and Other Legislation Amendment Bill 2003. Senior Associate Ben Zillmann looks at the draft legislation that sets out the proposed regulatory regime which will govern the extraction of coal seam gas

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Is the National Electricity Market's energy-only design capable of providing the price signals needed to ensure sufficient and timely investment in generation capacity? Or will the pessimists be proved right? Senior Associate Matthew O'Connor looks at the issue

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The Ministerial Council on Energy has met to consider the report of the COAG Energy Market Review Panel and to agree on reforms necessary for a national energy market in Australia. High on the agenda was the establishment of a new regulatory framework for the energy industry. Partner Grant Anderson outlines the results of the meeting and the challenges ahead

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A recent decision by the Land and Resources Tribunal may have expanded the scope for compensation recoverable by a property owner under the Petroleum Act 1923 (Qld), reports Partner Ken MacDonald and Lawyer Rochelle Spedding

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Recently we have seen some participants in the National Electricity Market (Enron Australia, Envirostar) failing, while others have signalled plans to divest their Australian interests in an effort to concentrate on their home markets (NRG, AES). Yet others have suffered significant write-downs on initial investments. Partner John Greig looks at the possible consequences of a financial failure of a participant in the National Electricity Market

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The COAG Energy Market Review Panel released its final report, Towards a Truly National and Efficient Energy Market, on 20 December 2002. Partner Grant Anderson looks at the main areas in which the final report differs from the draft report

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The ACCC has released its final determination on NECA's proposed bidding and rebidding rules. Partner Grant Anderson looks at the changes and possible future developments in this area

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The High Court of Australia today handed down another important ruling on native title. The Yorta Yorta decision, which involved a claim centred around the Murray River region in Victoria and New South Wales, is the first real consideration by the High Court of what must be proved to establish native title

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As part of a series of articles examining the COAG Energy Market Review Panel's draft report, Senior Associate Louise Thomson looks at the Panel's proposals on gas market issues, which include changes to the existing gas pipelines access regime and initiatives to encourage greater upstream competition

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Comments on the COAG Energy Market Review Panel's draft report are due by 6 December. Partner Grant Anderson looks at the principal recommendations. Future articles will examine some of these issues in more depth

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The Western Australian Supreme Court's recent decision in the Epic Energy case was an important decision about the exercise of the powers of the Gas Access Regulator in Western Australia under the National Third Party Access Code for Natural Gas Pipeline Systems. Senior Associate Louise Baldwin and Lawyer Adam Lippiatt discuss the decision

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The Queensland Government has released consultation drafts of proposed Bills to protect Aboriginal and Torres Strait Islander cultural heritage. As AAR Senior Associate Ben Zillmann and Lawyer Cathy Atkinson explain, the Bills will increase measures to protect Aboriginal cultural heritage

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The recent climate change talks in The Hague may have ground to a halt without any agreement, but reform is already a reality. The Australian energy sector, for one, is in rapid transition. Are you heading in the right direction?