Allens

Energy

Our experienced Energy legal team regularly publishes articles and updates - the full list of publications appears below. If you'd like to be notified when we add new energy 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.

Allens has been involved with some of the leading players that have helped reform Australia's energy industry. Read about some of these landmark projects and the developments that are shaping the industry's future.

Take a browse through our extensive experience in the area.

Energy Publications

  • Focus: Parliament passes diverted profits tax legislation

    31 March 2017

    Legislation to implement a diverted profits tax has passed the Federal Parliament. From 1 July 2017, the tax may potentially apply to the diversion of profits offshore through arrangements between related parties. Targeted at large multinational groups, the diverted profits tax is a fusion of anti-avoidance and transfer pricing rules. Partner Toby Knight and Senior Associate Scott Lang discuss the final form of the legislation and the steps multinational groups should take to prepare for its implementation.

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  • Client Update: Misinterpretation of REC liability exemption leaves islanded generator high and dry

    14 March 2017

    A decision by the Administrative Appeals Tribunal affirming an assessment by the Clean Energy Regulator as to the liability of an off-grid generator under the Renewable Energy (Electricity) Act 2000 (Cth) highlights the need for liable entities to carefully consider their reliance on the 'small systems exemption'. Partner John Greig and Senior Associate Andrea Moffatt look at the decision which demonstrates the continued complexity facing those operating in the electricity sector.

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  • Client Update: Victoria to ban fracking

    8 March 2017

    Victoria has become the first state to permanently ban all onshore unconventional gas exploration and development, passing new anti-fracking legislation this week. The new law also extends the moratorium on all onshore petroleum exploration and production in Victoria until 30 June 2020. Partner Igor Bogdanich and Lawyer Darcy McLennan report.

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  • Client Update: Implications of the Critical Infrastructure Centre for foreign investment in Australia

    24 February 2017

    The Australian Government's Critical Infrastructure Centre, launched earlier this year, is part of the government's plans to manage national security concerns arising from foreign investment in Australian critical infrastructure. The Centre has released a discussion paper calling for input into how it can best work with governments, industry and investors to manage these risks. This paper provides greater insight into the Centre's role but there remain areas to be clarified. Partners Wendy Rae and Jeremy Low, Mergers & Acquisitions Counsel Andrew Wong and Associate Nicholas Kefalianos examine this issue from the perspective of Australia's foreign investment framework.

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  • Client Update: Federal Government addresses uncertainty around Indigenous Land Use Agreements

    17 February 2017

    The Federal Government has moved to provide certainty for those who rely on registered Indigenous Land Use Agreements, following the Full Federal Court's decision that called the legal status of these agreements into question, by introducing amending legislation. Partner Ben Zillmann and Senior Associate Andrea Moffatt look at the key elements.

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  • Client Update: Registering Indigenous Land Use Agreements - it's all or nothing

    6 February 2017

    In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. This is a significant change from the current legal position and has potentially far reaching consequences not just for future agreements, but will also call into question the validity of many existing agreements. Partner Ben Zillmann and Senior Associate Andrea Moffatt consider the implications of the decision.

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  • Focus: Room to move in joint operating agreements

    5 December 2016

    The Western Australian Supreme Court of Appeal has handed down its decision in Apache v Santos, allowing the appeal by Apache and overturning the first instance decision. The Appeal Court's decision has important implications for the interpretation of joint operating agreements and the ability of parties to undertake development activities outside the operation of such agreements at their own expense. Partner Igor Bogdanich and Law Clerk Erin Molony report.

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  • Client Update: Move to national regulation delayed

    14 November 2016

    As part of the Western Australian Government's electricity market review, legislation was introduced recently into Parliament for Western Australia to participate for the first time in the National Electricity Law from 1 July 2018. However, the Public Utilities Office has confirmed speculation that time has run out for those reforms to be enacted ahead of the election in March 2017. Partner Jodi Reinmuth and Lawyer Alex Ninkov give an overview of the proposed reforms and next steps.

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  • Client Update: Reforming the NWIS

    21 October 2016

    Recently, the Western Australian Government released a report on the Pilbara's electricity infrastructure. The report considers the future regulatory landscape and best practice development of the North West Interconnected System and proposes new rules governing access to the system to promote availability, security and cost of supply. Partner Jodi Reinmuth and Lawyer Alexander Ninkov look at what the report recommends.

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  • Client Update: Paris Agreement on climate change to enter into force before COP22

    6 October 2016

    Overnight, the Paris Agreement met its second and final threshold for entry into force, when the EU lodged its instruments of ratification with the UN. Partner Andrew Mansour, Senior Associate Emily Gerrard and Associate Ellie Mulholland take a brief look at the events this week that triggered the early entry into force of this landmark climate change agreement.

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  • Client Update: LNG destination clauses under scrutiny by Japanese competition regulator

    7 September 2016

    Part of the Japanese Ministry of Economy, Trade and Industry's strategy for LNG market development, which aims to achieve stability in LNG supply and lower prices, is to 'abolish or relax' destination clauses with the view that this would lead to lower prices through increased reselling and arbitrage selling. Japan's Fair Trade Commission has since launched an investigation into whether destination clauses impede fair competition and contravene Japanese competition law. Certain types of destination restrictions have long been held to infringe EU competition law. Partner Ted Hill, Managing Associate Robert Walker and Associate Sophie Matthiesson consider the implications of this investigation in light of the approach taken in the EU.

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  • Client Update: Climate change challenge against Adani's Carmichael Coal Mine dismissed

    30 August 2016

    Yesterday, the Federal Court of Australia dismissed a green group's challenge on climate change grounds against the Federal Environment Minister's approval of Adani's Carmichael Coal Mine project in the Galilee Basin. Partner Bill McCredie, Senior Associate and Co-head of Allens' Climate Change Group Emily Gerrard and Associate David Thorpe consider the decision of the Federal Court and its significance on the approval processes of proposed large-scale resources 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: New Draft Wind Energy Planning Framework

    8 August 2016

    The New South Wales Government has released its new Wind Energy Planning Framework, with the aim of establishing a more efficient and consistent assessment and approval regime for wind energy projects and also addressing the concerns raised by stakeholders to the 2011 draft Guidelines. The 'buffer zone' focus under the 2011 draft Guidelines has been set aside in favour of a merits-based analysis, which focuses on key issues of noise and visual impact. Partner Paul Lalich, Planning Special Counsel Marcia Doheny and Lawyer Claire Macdonald consider the new Framework and its implications.

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  • Client Update: New wind farm planning code and guideline for Queensland

    19 July 2016

    The Queensland Government has announced a new wind farm planning code that shifts the responsibility for assessing wind farm developments from local governments to the State Government, and provides a consistent approach to assessing wind farms across the State. Partner Bill McCredie, Associate David Thorpe and Lawyer Kate Ah Shay look at the Queensland Government's new role and consider the planning code and supporting guideline.

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  • Allens insights: Green Renaissance in Australia

    8 June 2016

    After more than three years of inertia, the Australian renewable energy industry is finally showing signs of a resurgence. A series of reviews of the Renewable Energy Target since 2012, and the abolition of the carbon tax in 2014, created a climate of uncertainty that meant investment in new large-scale renewable generation slowed dramatically.

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  • Client Update: ACCC inquiry into the east coast gas market - key findings and recommendations

    22 April 2016

    The final report of the ACCC inquiry into the east coast gas market was released today. The ACCC has made recommendations about removing government moratoria on gas developments, revising the test to determine when a pipeline should be regulated and increasing consistency and transparency in information provided to the market. Partner Ted Hill and Law Graduate Darcy McLennan report.

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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: 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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  • Allens insights: Unconventional oil and gas in Australia: a case of regulatory lag

    25 November 2015

    In this article Allens Senior Energy & Resources Counsel David Maloney reviews existing Australian petroleum and mining legislation relating to the regulation of unconventional oil and gas; examines some of the recent policy responses in relation to coal seam gas developments in agricultural lands, the use of hydraulic fracturing and their impact on water resources; and identifies some of the reasons why law reform is required.

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  • Client Update: Governance of energy market fundamentally sound, but with potential for improvement

    30 October 2015

    The final report of the Review of Governance Arrangements for Australian Energy Markets has made a number of recommendations to improve the effectiveness and efficiency of each governing body in the Australian energy market, while concluding that the governance arrangements are fundamentally sound. Partner and Government Sector Leader Paul Kenny and Associate Monique Donato report.

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  • Allens insights: An overview of the current energy mix, and the place in the market of different energy sources

    21 October 2015

    Allens Senior Energy & Resources Counsel David Maloney provides an overview of the current energy mix in Australia, and the place in the market of different energy sources.

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  • Client Update: Environment Minister appoints Wind Farm Committee and Commissioner

    19 October 2015

    Federal Environment Minister Greg Hunt has appointed Andrew Dyer as Australia's first National Wind Farm Commissioner and has announced the membership of the Independent Scientific Committee on Wind Turbines. The Commissioner and the Committee will report separately to the Australian Parliament on their progress, with their roles up for review after an initial three-year term. Partner Chris Schulz and Associate Emily Johnstone report.

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  • Focus: 'Safety net' or 'trampoline'? Emissions safeguard mechanism draft rules released

    9 September 2015

    The Federal Government has released its draft rules for the emissions safeguard mechanism, which will impose financial penalties of up to $1.8 million on businesses that emit more than their allocated emissions baselines. Partner Grant Anderson and Associate Albert Yu report.

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  • Client Update: Queensland Productivity Commission inquires into electricity pricing and solar feed-in tariff

    26 August 2015

    The new Queensland Productivity Commission's first two inquiries are into electricity pricing and solar feed-in tariffs. Partner John Hedge and Associate Andrea Moffatt look at the implications for industry.

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  • Client Update: Deal announced on revised Renewable Energy Target

    19 May 2015

    The Federal Government and Labor opposition yesterday announced that they had reached a long-awaited agreement to lower the Renewable Energy Target from 41,000GWh to 33,000GWh. Partner Grant Anderson and Senior Associate Alex Purtill report.

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  • Focus: Federal Government releases Energy White Paper

    13 April 2015

    The Federal Government has released its long-anticipated Energy White Paper, outlining the Government's policy on strategic issues facing the energy sector in Australia. Partner and Government Sector Leader Paul Kenny, Associate Amelia Hanscombe and Lawyer Alexandra Lanyon provide an overview of its key findings and recommendations.

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  • Focus: WA Electricity Market Review - Government says 'yes' to Contestability, but 'no' to privatisation

    27 March 2015

    The WA State Government has rejected recommendations for significant and transformational structural changes to the state's electricity market in response to the recently released Electricity Market Review Options Paper, opting instead for measured and incremental change. Partners Andrew Pascoe and Ben Farnsworth comment on the announced policy agenda, its 'winners and losers' and what we can expect from here in relation to electricity market reform in Western Australia.

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  • Client Update: A boost for NT onshore oil and gas opportunities

    5 March 2015

    The Northern Territory Government has decided not to impose a moratorium on hydraulic fracturing for its onshore oil and gas industry, giving the Territory's onshore oil and gas operators and investors investment certainty at a time that export and domestic opportunities are arising. Partner Ben Zillmann, Managing Associate John Hedge and Senior Associates Gobind Kalsi and Julieane Bull report.

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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: 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: Victorian Government releases major energy sector statement

    3 November 2014

    The Victorian Government has issued a statement setting out its view of the state's strategic objectives for the energy sector and the Government's energy priorities. Energy, Resources & Infrastructure Partner and Government Sector Leader Paul Kenny, and Associate Monique Donato, provide an overview.

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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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  • Focus: The Warburton Report

    8 September 2014

    The Expert Panel appointed by the Federal Government to review the Renewable Energy Target scheme has recommended changes to it that would severely curtail its operation. Partner Grant Anderson reports.

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  • Focus: Significant review of WA electricity market

    3 September 2014

    The West Australian Government is looking to restructure the WA electricity market and has invited the industry to participate in a significant structural review, which will have a material impact on the Government's privatisation agenda, and the competitive and regulatory environment in which the privatisation of electricity generation or retail assets might occur. The Government has released a discussion paper that raises questions and issues for industry feedback. Partners Andrew Pascoe and Anna Collyer and Lawyer Katherine Glossop report.

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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: 'Axing the tax' - the end of the Australian carbon pricing scheme

    21 July 2014

    Federal Parliament has passed legislation to repeal the carbon pricing scheme, removing the nationwide impost on greenhouse gas emissions. Partner Grant Anderson and Associate Albert Yu report.

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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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  • Focus: School chaplaincy program remains out of bounds of federal power

    26 June 2014

    In a decision that has potential implications for a raft of Federal Government programs, the High Court held that legislation, passed to authorise hundreds of government funding arrangements, is invalid insofar as it relates to the national schools chaplaincy program. The decision once again confirms that the Federal executive cannot enter into contracts or authorise spending on a subject matter that it does not have power to legislate for. Partner Paul Kenny and Lawyer Danielle Atkin report.

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  • Focus: Introduction of the Emissions Reduction Fund Bill

    23 June 2014

    The Federal Government has introduced into Parliament legislation for the establishment of its proposed Emissions Reduction Fund, which will provide businesses with opportunities to enter into contracts under which the Government pays them for undertaking carbon abatement. Partner Grant Anderson and Lawyer Albert Yu report. 

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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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  • Focus: Queensland retail energy reform

    27 May 2014

    The Queensland Government has introduced legislation to apply the National Energy Customer Framework to the sale of electricity and gas to retail customers in Queensland, and to replace regulated electricity prices with a price monitoring regime in south east Queensland. Partner Anna Collyer and Senior Associate Damien Hughes report.

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  • Client Update: Abolition of the Victorian Energy Efficiency Target

    26 May 2014

    The Victorian State Government has announced the closure of the Victorian Energy Efficiency Target Scheme at the end of 2015, which will remove the annual obligation of large energy retailers to surrender energy efficiency certificates, as well as the financial benefits provided by the scheme for implementing energy efficiency improvements. Partner Grant Anderson and Lawyer Albert Yu report.

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  • Client Update: Repeal of the Energy Efficiency Opportunities Program

    22 May 2014

    The Federal Government has introduced into Parliament legislation which, if passed, will terminate the Energy Efficiency Opportunities Program and so remove the mandatory requirement for large energy using businesses to assess opportunities to improve energy efficiency and to report publicly on the outcomes of those assessments. Partner Grant Anderson and Lawyer Albert Yu report.

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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: Using 'reasonable endeavours' - the importance of internal contractual standards

    28 April 2014

    The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use 'reasonable endeavours'. Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications.

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  • 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.

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