11-20 of 82 results
Four key legal developments NSW mine operators need to watch in 2022
NSW mine operators should closely monitor the trends emerging from planning and court decisions, particularly operators with upcoming expansions or new projects that will require new or modified approvals. It is also important for mine operators to be across the numerous pending legal reforms which will come into effect in 2022 and ensure they are complying with the new requirements. ...
Invalidity of mining lease application confirmed as Forrest's impact grows
In the recent decision Onslow Resources Ltd v Minister for Mines and Petroleum, the WA Court of Appeal held that a mining lease application was invalid because it wasn't accompanied by a compliant mining operations statement – confirming that the effects of Forrest & Forrest Pty Ltd v Wilson ...
WA Government passes Security of Payment reforms
The statutory right to receive payment claimed and the rapid adjudication process, amongst other changes introduced by the Building and Construction (Security of Payment) Act 2021 (WA) (Act), will govern construction contracts entered into after commencement of the Act. ...
Australian and Dutch courts find climate-related duties of care in Sharma and Shell
Two groundbreaking climate change-related court decisions in Australia and the Netherlands have shed light on the scope for claims based on duties to individuals to affect the emissions trajectorie ...
EU carbon tariffs on the horizon – what Australian trading businesses need to know
The European Union's Parliament has adopted a resolution supporting the introduction of a Carbon Border Adjustment Mechanism (CBAM) to tax carbon emissions embedded in foreign imports entering the EU. The EP has resolved to implement by 2023 a regime that is compliant with World Trade Organization (WTO) rules. ...
Immediate reforms recommended by Final EPBC Act Review Report
The Final Report of the of the once-in-a-decade review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) has identified new, legally enforceable National Environmental Standards, independent oversight and enforcement, and indigenous engagement as key actions ...
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
How can Australian businesses mitigate sovereign risk associated with unofficial trade measures?
In light of recent tensions, we assess the importance of Australian trading businesses understanding their sovereign risk and the avenues available under international trade law to mitigate that risk. ...
Major NSW mining lease rehabilitation reforms for all mines
All new and existing all new and existing mining leases in NSW will be regulated by new standard rehabilitation conditions under proposed reforms by the NSW Resources Regulator (Mining Amendment (Standard Conditions of Mining Leases - Rehabilitation) Regulation 2020). ...
Mine rehabilitation and closure
Rehabilitation standards and mine closure practices have been the focus of recent reforms in a number of Australian states and remain high on the reform agenda. To help understand these changes, we've prepared a comprehensive guide. ...