Allens

Mining

Our experienced Mining legal team regularly publishes articles and updates – the full list of publications appears below. These publications provide a snapshot of the latest legislation, court cases, policy changes and contentious issues. If you'd like to be notified when we add new 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.

For publications in other legal areas see our recent publications page.

Mining Publications

  • Client Update: Full Court dismisses Port of Newcastle access appeal

    18 August 2018

    The Full Federal Court has dismissed the Port of Newcastle's application for review of the Australian Competition Tribunal's decision to declare the Port's shipping channel service under the National Access Regime. The Full Court's decision confirms the interpretation of the current declaration criteria adopted by the Competition Tribunal and previously by the Full Court in its 2006 decision concerning Sydney Airport. Partner John Hedge and Senior Associate David Mierendorff report on the decision and its implications, taking into account the Government's proposed changes to the declaration criteria currently before Parliament.

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  • Allens insights: Getting The Deal Through: Boom in renewables

    4 August 2017

    Allens Partners Ben Farnsworth, Michael Ryan and Tim Stewart were part of the global panel analysing the boom in renewables in the Australian project finance market. In Getting the Deal Through's third annual issue focusing on the global project finance markets, Ben, Michael and Tim look at the trends over the past year and what they anticipate unfolding over the next year, including any proposed legal and regulatory changes that may give rise to new opportunities.

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  • Client Update: Finkel Review - Distributed Energy Resources: Unlocking potential and future partnerships

    23 June 2017

    In the second of our series analysing the Finkel Review, we look at Dr Finkel's assessment on the growth of distributed energy resources (DERs) in the Australian energy landscape and his suggestions for future incentivisation and 'orchestration'. These suggestions have raised a number of considerations and opportunities, particularly in relation to the pioneering of business and government programs and partnerships to incentivise DER. Partner Andrew Mansour, Senior Associate Emily Gerrard and Law Graduate Sarah Dobbie report.

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  • Client Update: ACCC calls for comment on electricity retail supply and pricing

    7 June 2017

    The ACCC has taken the first major step in its inquiry into electricity retail supply and pricing in the National Electricity Market by releasing an issues paper and calling for submissions by 30 June 2017. The issues paper focuses on three broad areas: the pricing, costs and profits of electricity retailers, market structure and retail competition, and retail customers' interaction with the market. Partner Jacqueline Downes and Associate David Mierendorff report.

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  • Client Update: Environmental bond and mine rehabilitation reform in Queensland

    15 May 2017

    Major reforms to environmental bonds and rehabilitation requirements are proposed in two discussion papers released by the Queensland Government. All mining sector operators should understand how the reforms will impact their current and proposed operations. Partner Bill McCredie and Senior Associate Gobind Kalsi report.

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  • Client Update: Budget measures to increase gas supply

    10 May 2017

    The 2017 Federal Budget introduced several measures designed to increase domestic gas supply to the Australian market. Key measures include the direct financing of onshore gas development and studies into potential programs aimed at increasing the efficiency, transparency and security of the gas market. However, the effectiveness of this funding package depends on whether state and territory governments will continue to impose regulatory constraints on the exploration and production of onshore gas. Partner Igor Bogdanich and Law Graduate Maddy Foote report.

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  • Client Update: Security of the Cape Preston port affirmed in appeal decision

    7 April 2017

    The Full Federal Court has unanimously dismissed an appeal by former federal MP Clive Palmer's company Mineralogy against a decision that gave his former business partner, CITIC Limited and its subsidiaries, the right to operate and maintain the port at Cape Preston for the Sino Iron Project. As Partner Phil Blaxill and Lawyer Jeremy Rich report, the decision affirms that commercial agreement terms between parties can be impacted by later agreements between those parties and by state agreements, and emphasises the care commercial drafters need to take.

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  • 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: Australia's foreign investment approval (FIRB) regime: what you need to know

    15 March 2017

    Australia's foreign investment approval regime is increasingly a major political issue that is often highlighted and discussed in the media. Our foreign investment law experts have summarised the key information you need to know about Australia's FIRB regime.

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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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  • Allens insights: Trends over the past year in the Australian projects and infrastructure sectors

    8 February 2017

    A substantial pipeline of both private and public infrastructure projects has attracted a variety of local and offshore project finance providers wishing to gain exposure to returns from these attractive Australian investment opportunities. Allens Partners Nick Adkins, Scott McCoy and Rob Watt look at how this is unfolding, the increase in non-bank lenders competing for projects, the various funding models at play, and the opportunities available in the near future.

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  • Focus: Adani clears latest hurdle in Carmichael Mine approval

    12 December 2016

    The Supreme Court of Queensland has upheld the decision of the Chief Executive of the Queensland Department of Environment and Heritage Protection to issue an environmental authority for the Carmichael Mine. In dismissing an application for judicial review by one of the mine's objectors, the Supreme Court clarified the limited scope of the consideration to be given by the Chief Executive when making a final decision to issue an environmental authority. Partner Ben Zillmann and Senior Associate Giselle Kilvert consider the court's decision and its impact on future resource projects in Queensland.

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  • Focus: Employment law

    26 October 2016

    In this issue we look at negative social media comments about an employer that led to an unfair dismissal; a large damages award for a workplace injury and breaches of the Fair Work Act; and a case that helps clarify how the Fair Work Commission will practically apply the Better Off Overall Test following the Coles decision.

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  • Focus: Impact of reforms to Construction Contracts Act 2004 (WA)

    25 October 2016

    Proposed amendments to the Construction Contracts Act 2004 (WA) will, if passed, result in significant changes to the adjudication process in Western Australia. Partner Jeremy Quan-Sing, Senior Associate Fiona Potter and Law Graduate Thanushar Sridaran report on the potential impacts of the changes.

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  • Client Update: ASIC clarifies stance on forward-looking statements by mining and resources companies

    20 October 2016

    ASIC has revised its Information Sheet 214 on forward-looking statements by mining companies, following industry feedback. While continuing to emphasise that these statements must be based on reasonable grounds, ASIC has clarified that forward-looking statements based on estimates of mineralisation can be made so long as miners disclose the assumptions upon which they are based and, in particular, do not mislead investors about their financial capacity to deliver the forecast results. Partner Richard Malcolmson and Associate Jerome Entwisle report.

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  • Focus: Alpha Coal Mine clears further hurdle as climate change challenge is dismissed

    5 October 2016

    Last week, the Queensland Court of Appeal upheld the decision of the Queensland Environment Minister to grant an environmental approval for the proposed Alpha Coal Mine in Queensland. In doing so, the court dismissed the challenge of an environmental interest group based on greenhouse gas emissions from the downstream transportation and burning of coal to be mined at Alpha. Partner Ben Zillmann, Senior Associate Giselle Kilvert and Associate David Thorpe consider the Court of Appeal's decision and its impact on the future legal challenges to resources projects in Queensland.

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

    19 September 2016

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

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

    4 July 2016

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

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  • Special Report: Understanding the opportunities and navigating the legal frameworks of distributed ledger technology and blockchain

    17 June 2016

    Authored by a multidisciplinary team from Allens, Blockchain Reaction is designed to assist business stakeholders, decision makers and in-house counsel across a variety of sectors to understand the technology and how it is being used, as well as navigate the regulatory and legal opportunities and challenges.

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

    1 June 2016

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

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  • Client Update: Proposed amendments to the PNG Land Act

    3 May 2016

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

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

    28 April 2016

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

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

    7 April 2016

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

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  • Focus: Anti-bribery and corruption regulation developments in 2016

    16 March 2016

    2016 looks to be a busy year for directors, executives and legal and compliance teams who need to be aware of developments in Australian anti-bribery law and compliance practice. Partner Rachel Nicolson, Senior Associate Dora Banyasz and Lawyer Tom Bland report.

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

    16 March 2016

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

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  • Focus: Predictive coding: the future of electronic document production?

    25 February 2016

    A recent decision of the English High Court may pave the way for the use of 'predictive coding' in large scale discovery and regulatory investigations in Australia. Partners Nick Rudge and Duncan Travis, Managing Associate Kate Austin and Associate Emily Giblin look at the benefits and risks of the new software.

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  • Client Update: CEPA introduces new environment management fees

    24 February 2016

    Papua New Guinea's Conservation and Environment Protection Authority commences implementation of its new fee structure this year. Partner Vincent Bull and Senior Associate Ryan Warokra look at the changes and how they will be administered.

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  • Focus: Australia has lifted certain sanctions on Iran

    18 February 2016

    In response to recent confirmation that Iran has met its international nuclear commitments, the Australian Government has lifted all nuclear-related economic and financial sanctions against that country. Partner Rachel Nicolson, Managing Associate Hilary Birks and Associate Sarah Jenkins report on what has changed and the potential opportunities for Australian businesses.

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

    16 February 2016

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

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

    29 January 2016

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

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  • Focus: Mongolia's Law on Petroleum revised

    24 December 2015

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

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

    23 December 2015

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

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

    4 December 2015

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

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  • Focus: UK Supreme Court counters High Court on penalties

    19 November 2015

    The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses, and counters, the High Court of Australia's approach to the rule in Andrews. Partner Nick Rudge and Lawyer Patrick Easton report.

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  • Client Update: PPS deregulation measures to take effect

    29 September 2015

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

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  • Focus: Major reform of Queensland resource regulation proposed

    21 September 2015

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

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

    7 September 2015

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

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

    16 July 2015

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

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  • Client Update: Resource significance no longer to be key consideration in NSW mining project approvals

    8 July 2015

    The NSW Government has released a proposal to amend the state environmental planning policy governing the assessment of mining proposals, to remove the requirement that the principal consideration be the significance of the resource and economic benefits of developing the resource. Partner Bill McCredie and Senior Associate Naomi Bergman report on the proposed removal of this requirement, less than two years after its introduction.

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  • Client Update: Consultation Open on New Integrated Mining Policy

    3 June 2015

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

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  • Focus: WA Supreme Court provides further guidance on challenging adjudication determinations made under the Construction Contracts Act

    21 May 2015

    The Western Australian Supreme Court has provided additional guidance on the types of errors that can lead to an adjudicator's determination being quashed by the court. The Delmere Holdings Pty Ltd v Green decision is of interest to anyone who deals with security of payment adjudications under the Construction Contracts Act 2004 (WA). Partner-elect Jeremy Quan-Sing and Law Graduate James Illich report.

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

    6 March 2015

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

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

    13 February 2015

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

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

    3 February 2015

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

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  • Focus: South West settlement agreed to in principle

    3 February 2015

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

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  • Client Update: Costs decisions of the Queensland P&E Court - the year in review

    29 January 2015

    In the past 12 months there have been a number of important decisions of the Queensland Planning and Environment Court that provide an insight into the application of the court's discretion to award costs. Special Counsel Rosanne Meurling and Senior Associate Michael Zissis discuss the lessons learned from these decisions, as parties increasingly seek to test the court's costs power.

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

    9 December 2014

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

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

    17 November 2014

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

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  • Client Update: Reforms proposed for Western Australia's resources safety legislation

    14 November 2014

    Western Australia's Department of Mines and Petroleum has invited submissions into the future of the State's safety legislation covering mining, petroleum and major hazard facilities. Special Counsel Eleanor Jewell and Associate Katie Gardiner report.

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