Insights

September Australian energy & resources market update

Our update covers mining, oil and gas, electricity and renewable energy.

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Funding boost for Victorian clean energy projects

The Victorian Government announced plans to test interest and capacity for a minimum of 600 megawatts of new solar, wind and other renewable generation projects state wide, in a bid to drive the...

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ACCC releases Gas Market Inquiry 2017 – 2025 Interim Report

A summary of the key findings and recommendations drawn from the Gas Market Inquiry 2017 – 2025 Interim Report released on 17 August 2020 (Report).

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Commonwealth Government introduces a Bill to establish the Grid Reliability Fund

If enacted, the Bill will establish the Grid Reliability Fund (Fund) under the Clean Energy Finance Corporation Act 2012 (Cth) (Act) and appropriate $1 billion to the Fund.

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Seven Shortlisted for ARENA’s Renewable Hydrogen Deployment Funding Round

On 20 July 2020, the Australian Renewable Energy Agency announced that seven companies have been shortlisted to advance to the full application stage of ARENA’s Renewable Hydrogen Deployment...

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August Australian energy & resources market update

Our update covers mining, oil and gas, electricity and renewable energy.

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Water Regulator flexes its muscles in NSW prosecution against Whitehaven

The introduction of the NSW Natural Resources Access Regulator (NRAR) in 2017 marked a shift towards far greater scrutiny of compliance by water users with the complex web of water laws and...

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Labour hire – contractors or employees?

Following on from the May 2020 Full Federal Court decision in Rossato, in July 2020 the Full Federal Court handed down its judgment in another labour hire case, Construction, Forestry, Maritime...

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July Australian energy & resources market update

Our update covers mining, oil and gas, electricity and renewable energy.

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Release of new petroleum exploration tenements for competitive tender

The Queensland Government has released five new areas of land totalling 1,459km2 in Queensland’s Bowen and Surat basins for petroleum and gas exploration.

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The convergence of human rights law and environmental and climate change litigation in Australia

In the past 18 months the Australian legal landscape has seen novel challenges to planning decisions in the area of greenhouse gas impacts of projects and the resulting impact on climate change...

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A shake up of planning and development laws in New South Wales

The COVID-19 pandemic has spurred a considerable amount of recent activity by Planning Ministers all over Australia. This article provides an overview of these recent activities as well as an...

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Pre-feasibility study on Bowen Basin Pipeline – Queensland Government

On 20 August 2020, the Queensland Government announced that it will invest $5 million towards a pre-feasibility study of a potential new gas pipeline from the Bowen Basin.

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WA EPA releases its revised guideline on the assessment of greenhouse gas emissions

The EPA has released an updated guideline on its approach to GHG emissions assessment.

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Update on Regulation of the Resources Sector

The Productivity Commission (Commission) has released its draft report on Resources Sector Regulation, inviting submissions from the public and affected stakeholders on its proposed findings and...

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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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