Insights

Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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Mabo, Wik, and now ‘Griffiths’: the endorsement by the High Court of compensation for cultural loss

First there was Mabo, then there was Wik. Now, as of 13 March 2019, we have Northern Territory v Griffiths (dec’d) (on behalf of the Ngaliwurru and Nungali Peoples) [2019] HCA 7 (Griffiths...

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WA Environmental Protection Authority updates its approach to the assessment of GHG emissions

On 7 March 2019, the Western Australian Environmental Protection Authority (EPA) released its ‘Environmental Factor Guideline – Greenhouse Gas Emissions' and ‘Technical Guidance – Mitigating...

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The emergence of climate change law in New South Wales and beyond

In the recent NSW Land and Environment Court decision of Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 9 Chief Judge Preston, in performing the role of the consent authority of...

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Guaranteeing payment under an unconditional bank guarantee: Santos v BNP Paribas

The Queensland Court of Appeal last week upheld a decision that a demand for payment under an unconditional bank guarantee was invalid because it failed to state expressly that it had been signed...

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Update on State Government’s Forrest & Forrest “fix”

The Bill that seeks to amend the Mining Act 1978 (WA) to remove uncertainty around the validity of mining tenements as a result of the High Court decision in Forrest & Forrest, was read in...

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FIRB releases new guidance notes for foreign purchasers

On 25 September, Australia’s Foreign Investment Review Board issued 2 guidance notes, designed to clarify Australia’s foreign investment policy in 2 key areas - acquisition of agricultural land and...

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Dramatic rise in Land and Environment Court penalties

JWS recently conducted an analysis of Class 5 proceedings determined by the Land and Environment Court (LEC) in the last five years.

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Australia's FIRB regime: the impact on transactions in energy & resources sectors

Any potential foreign investor must consider the implications of the Foreign Investment Review Board (FIRB) regime, as it may relate to any proposed transaction involving companies in the mining...

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The future of the Murray Darling Basin Plan…. Will it survive?

A Royal Commission will shed some light on how the Muyrray-Darling Basin Plan can be improved, but all states and territories need to implement the plan for it to be effective.

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New incentives for mineral exploration: Treasury Laws Amendment (Junior Minerals Exploration Incenti

It is anticipated that a number of changes to the EDI scheme will encourage Mineral Explorers to engage in new capital raisings for the purpose of undertaking mineral exploration.

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Water compliance and enforcement – a new Natural Resources Access Regulator in NSW

With the introduction of the new Regulator, we can expect an increased focus on compliance with water laws in NSW.

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Consequential Loss: do you know what you are excluding?

One of the most important mechanisms in a contract for allocating risk is the ability to exclude “indirect” and “consequential” loss using exclusion clauses. It is typically on a party’s list of...

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Recourse to bank guarantees Pt II

The various decisions handed down in this litigation (from Courts of all levels) confirm the conventional position in Australia in relation to unconditional guarantees.

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Australian Energy Regulator v Australian Competition Tribunal (Ausgrid decisions)

A decision by the Full Federal Court supports the Australian Competition Tribunal’s February 2016 findings: that there may be a different benchmark efficient entity for each service provider, and...

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Approvals for CSG water treatment facilities in NSW

On 14 March 2017, the Court of Appeal of the Supreme Court of NSW gave its decision in People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd [2017] NSWCA 46 (Case). The Case considered...

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Linc Energy (In Liq): Liquidators obliged to prioritise State environmental laws despite disclaimer

The decision of Jackson J has wide-ranging consequences for the insolvency industry, as the outcome effectively relegates (at least in QLD) liquidator remuneration, employee entitlements and all...

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Acumen March 2017

Legal issues from March 2017.

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New rules for the apportionment of petroleum recovered from pools straddling Commonwealth and State

Recent amendments to legislation aim to improve functionality regarding entering into petroleum agreements, even if relevant geological information is not fully known.

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Acumen September 2016

Legal issues from September 2016.

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East Coast Gas Market Reform Package

COAG Energy Council's Gas Market Reform Package adopts many of the recommendations for east coast gas market reform made by the AEMC and the ACCC earlier this year.

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New Environmental Protection Bill to go beyond Queensland Nickel Refinery

A new Queensland Bill will significantly extend liability for environmental damage beyond just Clive Palmer’s facilities.

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Resource management regulations to strengthen WA’s petroleum & geothermal resource regulatory regime

Two new pieces of legislation are expected to commence operation later this year, and are hoped to improve the oil & gas industry.

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East coast Australian gas market reviews

Are east coast gas markets fit for purpose? Are they competitive? A closer look at the case for change.

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Consequential loss revisited: Regional Power v Pacific Hydro Group [2013] WASC 356

In the October 2013 issue of Acumen, we gave an overview of the divergence in approach of courts in England, Australia and New Zealand in the interpretation of ...consequential... or ...indirect......

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