Scheme or non-scheme? Australian Energy Regulator’s review of gas pipeline regulation

The Australian Energy Regulator will review the form of regulation – a ‘scheme’ or ‘non-scheme’ – of gas pipelines around Australia (excluding Western Australia). The outcome of a review has the...

solar panels
Bill to regulate alternative electricity services in WA likely to be passed

The WA Government’s Electricity Industry Amendment (Alternative Electricity Services) Bill 2023 (WA) (Bill) was agreed to by the Legislative Council on 20 March 2024, subject to minor amendments...

Quasar Resources v APG: Court of Appeal refines understanding in relation to NSR royalties

In Quasar Resources Pty Ltd v APG Aus No 3 Pty Ltd, the Court of Appeal of the Supreme Court of Western Australia considered the meaning of "refining" in the context of the deductible costs for the...

Russian sanctions: supervening illegality and impact on contracts with Russian interests

In the first case of its kind in Australia, the Federal Court of Australia held that Rio Tinto-backed Queensland Alumina Ltd was correct in interpreting and applying the sanctions imposed by the...

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Mandatory climate-related financial disclosure – exposure draft legislation released for comment

Treasury has released an exposure draft of its CRFD legislation for public comment. This is the next step towards introducing mandatory and standardised CRFD for medium and large listed and...

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Climate-related financial disclosure Q&A on exposure draft legislation

This short Q&A explains what is in the 12 January 2024 exposure draft legislation.

Embracing the energy transition: NSW energy policy updates

The NSW Government has proposed a new draft Energy Policy Framework consisting of a number of guidelines and supplementary documentation to support a more streamlined decision making process for...

transmission tower
The global energy transition – some inconvenient truths

There is one simple yet inescapable fact that is not yet widely understood – that renewable energy alone is not going to get us to net zero.

What's next for big coal?

BHP and Mitsubishi selling their Daunia and Blackwater coal mines in central Queensland to Whitehaven for a higher than expected price of US$4.1 billion (including deferred and contingent payments)...

mining landscape
Due diligence, assignment clauses – consent ‘not to be unreasonably withheld or delayed’

A recent Supreme Court decision in New South Wales provides timely guidance on how a Court will approach whether a person has unreasonably withheld consent to assignment and how long proceedings...

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Is this the beginning of the end for thermal coal mine approvals in Australia?

In November 2022, the Queensland Land Court (QLC) recommended that Waratah Coal’s application for a mining lease and an environmental authority in relation to the proposed Galilee Basin thermal...

corporate building
Personal property securities get a makeover

After more than ten years of operation, the Personal Property Securities Act 2009 (Cth) (PPSA) and the Personal Property Securities Register (PPSR) are in line for a major overhaul.

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Amendments to Victorian mineral resources legislation – what you need to know

The Mineral Resources (Sustainable Development) Amendment Bill 2023 (Amendment Bill) recently passed the Victorian Parliament and now awaits Proclamation.

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Mandatory Gas Market Code of Conduct Released

As previously reported, the Commonwealth Government has been developing a Mandatory Code of Conduct for the East Coast gas market (Code). On 6 July 2023, the Commonwealth Government published the...

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Climate-related shareholder activism: legal claim against Shell directors falls at first hurdle

On 12 May, the UK High Court refused permission for environmental group ClientEarth to continue its claim against the directors of Shell plc (Directors) for their alleged failure to manage climate...

Oil, Gas Or Water Transportation With Pipe Line Valves On Grass
Exposure Draft of Mandatory Gas Market Code of Conduct Released

On 26 April 2023, the Commonwealth Government released its proposed Mandatory Code of Conduct for the East Coast Gas Market (the Draft Code) for consultation.

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Federal Government introduces new biodiversity credit market legislation

On 29 March 2023, the Commonwealth Nature Repair Market Bill 2023 (Bill) and related Nature Repair Market (Consequential Amendments) Bill 2023 were introduced to the House of Representatives by the...

Labor secures support for its Safeguard Mechanism reforms

Following the agreement reached between the Federal Labor and Greens parties in relation to Labor’s emissions reduction plan, the Safeguard Mechanism (Crediting) Amendment Bill 2023 was passed by...

Deductions for depreciating assets – no guarantee that the reasoning in Shell Energy applies

The ATO has issued its decision impact statement (DIS) about a year after the Full Federal Court decision in Shell Energy Holdings Australia v Commissioner of Taxation [2022] FCAFC 2 (Shell Energy).

Price caps and mandatory codes of conduct to be imposed on the domestic gas market

On 9 December 2022, the Commonwealth Government released exposure drafts of its proposed Competition and Consumer Amendment (Gas Market) Bill 2022 (Cth) (Exposure Bill) and Competition and Consumer...

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Major reforms on the horizon for Australia’s national environmental laws

Last week, the federal Government announced the most comprehensive set of proposed reforms to Australia’s national environmental laws since the Environment Protection and Biodiversity Conservation...

Barossa Project paused due to Federal Court setting aside NOPSEMA decision

On 21 September 2022, Justice Bromberg of the Federal Court handed down his decision in Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2022] FCA...

Gas burner on a plain black background
ACCC: Current practices of gas producers and LNG exporters may breach competition law

Against the backdrop of the deepening gas supply crisis on the east coast of Australia, in its 13th Gas Inquiry Interim Report of July 2022 (July 2022 Report), the ACCC has issued a stern warning...

Consultation begins on Australia's first offshore wind energy zones, located off the Gippsland coast

On 5 August 2022, the Federal Minister for Climate Change and Energy (Minister), Chris Bowen, declared six proposed areas in Australian Commonwealth waters off Gippsland in Victoria for offshore...

July Australian Energy & Resources Market Update

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