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The new coalition Government of Western Australia has announced that the ban on uranium mining in the State will be lifted. This announcement overturns the policy of the previous State Labor Government and paves the way for development of significant uranium resources in Western Australia. Partner Gerard Woods and Lawyer John Koshy look at the implications of the policy turnaround

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In response to a recent New South Wales Court of Appeal decision, the NSW Government has moved quickly to introduce legislation that provides certainty for the mining industry in circumstances in which landowner consent is required over land on which there exists a significant improvement. Partner Tony Wassaf and Law Graduate Victoria Ho report on this development

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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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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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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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When the Mining Amendment Act 2008 (NSW) commences later this year, mining companies operating in New South Wales will have to comply with an amended set of obligations and procedures. There will be new environmental regulation of mining operations; increased enforcement powers for authorities; and administrative changes to streamline compliance procedures. Partner Tony Wassaf and Lawyer Caspar Conde discuss the new legislation and its implications for mining entities

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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 Australia 2020 Summit findings on regulatory reform are particularly timely for the upstream oil and gas sector, with the Council of Australian Governments having recently asked the Productivity Commission to undertake a review of the regulatory burden on the upstream petroleum sector in Australia. Partner Darren Murphy and Law Graduate Nikki van der Meer look at the background and significance of the Productivity Commission's review

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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 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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New legislation just passed by the Queensland Government effectively abolishes the Land & Resources Tribunal and confers its existing jurisdiction on the Land Court. Partner Ben Zillmann, Senior Associate Bill McCredie and Lawyer Oliver Lawson explain the changes

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The Federal Government's new petroleum legislation repeals the Petroleum Retail Marketing Sites Act 1980 and the Petroleum Retail Marketing Franchise Act 1980 and introduces a mandatory industry code that applies to a broader range of industry participants. Partner Chris Schulz and Lawyers Jaelle Berkovits and Scott Stiegler provide an overview of the new legislation, which commenced on 1 March this year

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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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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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On 28 May 2007, a new system of Aboriginal heritage protection in Victoria will come into force. Cultural heritage management plans are a significant feature of the new regime, with draft regulations setting out when these plans will be required. Partner Chris Schulz and Senior Associate Penny Creswell take a look at the proposed requirements for Aboriginal heritage plans

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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 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007, which was gazetted on 16 February 2007, should bring some welcome consistency to certain aspects of planning law to these industries across NSW. It may be of more limited assistance for coal and mineral sands miners. Senior Associate Felicity Rourke looks at the new policy

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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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In a landmark decision for the Queensland mining industry, the Queensland Land and Resources Tribunal has handed down its first ruling regarding greenhouse gas emissions. Lawyer Oliver Lawson and Partner Ben Zillmann report

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The decision in the Wongatha native title claim was expected to clarify the native title position for all who live and work in the WA goldfields region. However, following the Federal Court's decision, the native title position in the goldfields remains unclear. Senior Associates Robyn Glindemann and Kate Barrett explain

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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 recent Supreme Court of Victoria decision in Beaconsfield Gold NL & Ors v Allstate Prospecting Pty Ltd & Ors centred on a pre-emptive rights clause in an unincorporated joint venture agreement, and whether or not the clause was triggered by a change in ownership in the 'corporate tree' of a joint venturer.

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On 19 September 2006 Justice Wilcox of the Federal Court handed down the first determination of native title in a major capital city. Senior Associates Robyn Glindemann and Kate Barrett examine the key findings

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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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On 30 June 2006 the Queensland Competition Authority approved the recently submitted Queensland Rail draft access undertaking. Lawyer John Hedge reviews some of the major changes for access seekers, access holders, and end customers (particularly coal miners) between the approved 2006 access undertaking and the previous 2001 access undertaking

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The first challenge to the consideration of the effects of greenhouse gas emissions under the Commonwealth's environmental legislation has been dismissed by the Federal Court. Special Counsel Philip Murray and Lawyer Simon Batten report

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The Petroleum Resource Rent Tax Assessment Amendment Bill 2006 (Cth) was introduced into the House of Representatives on 25 May 2006. The Bill is designed to implement changes to Australia's primary offshore petroleum taxation system, the Petroleum Resource Rent Tax. The changes are to take effect from July 1 2006. Senior Associate Darren Murphy and Lawyer Patricia Neurauter comment on the key aspects of the Bill

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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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The preferred tenderers for the first geothermal exploration permits in Queensland were announced on 21 April 2006. Lawyer John Hedge reviews the rights and obligations that will attach to these permits and the implications for other Queensland mineral and petroleum tenement holders

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Senior Associate Robyn Glindemann, Lawyer Penny Creswell and Law Graduate Melanie Jasper review the latest native title decisions handed down by the Federal Court

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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 package of measures designed to improve the performance of the native title system established under the Native Title Act was released by the Federal Government on 7 September. This package is aimed at identifying and implementing improvements to processes for the recognition of native title and the resolution of disputes over land that may be subject to native title. Senior Associate Robyn Glindemann and Lawyer Alex Brown outline the proposals

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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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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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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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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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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 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 WA Government signed two native title settlement agreements in late December 2004, representing the 'length and breadth' of native title settlements in the state. While in Queensland, more Torres Strait Island claims have been settled and the use of the expedited procedure to grant exploration permits has now been in use for a year. Senior Associates Robyn Glindemann and Ben Zillmann report

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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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A Takeovers Panel review has allowed the Emperor Mines Limited rights issue to proceed. Senior Associate Tom Story looks at the decision, which helps clarify the position of a major shareholder that is underwriting the capital raising of a company in financial difficulties

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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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The Queensland Government has released a draft of the second tranche of legislation that overhauls legislation regulating the petroleum and gas industries. The new legislation's aim is to preserve some of the existing rights of petroleum tenement holders, while attempting to achieve a consistency in the regulation of petroleum tenements moving forward. Senior Associate Ben Zillmann looks at the new Bill

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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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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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The Federal Court was active in December 2003 handing down decisions in four native title cases. One of these decisions marks the end of one of the most important cases dealing with the extinguishment of native title. Senior Associate Robyn Glindemann reviews the four rulings

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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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When assessing the impact of native title on a proposed new project, an important first step will always be an assessment of whether or not native title has been extinguished over the area in question. Senior Associate Ben Zillmann looks at two recent Federal Court decisions that help give an insight into this issue

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The manner in which we use and protect Australia's scarce water resources has been foremost in the minds of politicians in recent days. Partners Chris Schulz and Jim Parker and Lawyer Ashley Bleeker report on two landmark initiatives

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The release of the consultation draft for coal seam gas legislation in Queensland earlier this month has prompted additional changes to the Mineral Resources Act 1989 and Petroleum Act 1923 which may delay the grant of certain coal and oil shale mining leases and petroleum leases. Senior Associate Ben Zillmann and Lawyer Rochelle Spedding look at the issue and its impact

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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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The Chinese Government hopes that changes to its mining laws and regulations will encourage greater foreign exploitation of mineral projects. Are foreign mining companies ready to enter China? And what is holding them back? Lawyers Marcia Ward and Campbell Izzard and Partner Seamus Cornelius look at the problems and opportunities

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In a landmark decision, the Queensland Land and Resources Tribunal has recommended the grant of mining leases in Queensland in the face of native title opposition, and in doing so has provided useful comment on issues of evidence, compensation and cultural heritage.

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Changes proposed to China's laws on exploration and mining rights highlight the future role of non-government organisations and further reform the complex application process to win exploration rights. Shanghai-based AAR lawyers Marcia Ward and Campbell Izzard and Partner Seamus Cornelius offer a guide for potential investors

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As a result of legislation introduced in the Queensland Parliament on 25 February this year, Queensland's native title 'Alternate State Provisions' for mining tenements will be replaced by the Commonwealth 'right to negotiate' regime. The native title scheme will revert to the Commonwealth Native Title Act 1993 provisions for tenement applications made after 31 March 2003, reports Senior Associate Ben Zillmann

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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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The Queensland Government has just released its policy framework for the new coal seam gas regime to apply in Queensland. Legislation giving effect to the policy framework is expected to be implemented early in 2003, reports Senior Associate Ben Zillmann