Insights

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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De Rose v State of South Australia

The State of South Australia (State) will pay compensation to the De Rose Hill Nguraritja people for the extinguishment of their native title rights and interests following the delivery of the...

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Wallumbilla Gas Supply Hub

The new gas trading exchange developed by the Australian Energy Market Operator (AEMO) is scheduled to go live on 20 March 2014. The gas trading exchange is the first stage in the development of a...

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Materiality in continuous disclosure

The High Court's recent decision in Fortescue Metals Group did not, as some had hoped, clarify the materiality threshold for continuous disclosure one way or the

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Queensland Resources Projects: Strategic Cropping Land

The Queensland State Government has announced additional details of its proposals for restriction of resource developments on Strategic Cropping Land...

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ASX concept release - SME, mid-cap and micro-cap equity market review

On 21 March 2011, ASX issued a "Concept Release" as part of ASX's SME, Mid-Cap and Micro-Cap Equity Market Review. The Review is seeking to question whether ASX's "one size fits all" approach to...

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Queensland moves to reduce 'Green Tape'

The Queensland Government has released a discussion paper announcing its intention to reduce "Green Tape" for business and government by providing a streamlined regulatory process for environmental...

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Resource Super Profits Tax

The mining industry...s reaction to the Australian Government...s proposal to enact a Resource Super Profits Tax (RSPT), a rent based tax, as recommended by Australia...s Future Tax System (Henry...

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Overview of the Short Term Trading Market

The Short Term Trading Market (STTM) is a mandatory wholesale gas market which operates at various hubs,1 initially at the Sydney Hub and the Adelaide...

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Galilee Basin/Abbott Point coal projects in courts in Queensland

Projects in the Galilee coal basin in Queensland are expected to generate billions of dollars of investment in Queensland in the near future. There have been two significant recent court cases...

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High Court warns to take care with 'reasonable endeavours' clauses

The case of Electricity Generation Corporation T/As Verve Energy v Woodside Energy Ltd & Ors [2014] HCA 7 (5 March 2014) provides the latest guidance on drafting 'reasonable endeavours'...

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New regulations for onshore oil and gas activities in Western Australia

Western Australia is becoming more popular in the unconventional gas space, with the State potentially containing an estimated 280 trillion cubic feet of shale and tight...

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Offshore petroleum and greenhouse gas regulation amendments

The Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth) were amended by the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Environment Measures...

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Carbon markets update July 2013

The carbon pricing mechanism put in place under the Clean Energy Act 2011 (Cth) moved into its second year on 1 July 2013. It is uncertain whether the mechanism will reach its third year or what...

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Gas and power markets: SCER reforms

The Standing Council on Energy and Resources (SCER) continues to develop a suite of reforms to wholesale gas and power markets in the Eastern states. Its broad themes are market integration and

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Maritime and Marine Legislation Update

This article sets out an overview of the key proposals drafted under the Maritime Powers Bill 2012, the Maritime Powers (Consequential Amendments) Bill 201 and the Marine Engineers Qualifications

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New offshore environmental legislation passed

The Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013 (Amendment Act) was passed on...

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Can anyone in the market profitably duplicate the essential facility?

On 14 September 2012, the High Court delivered its much anticipated landmark decision in relation to the Pilbara iron ore railways access matters. In doing so, it upheld the Full Federal Court...s...

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Change to the carbon pricing mechanism

On 19 September 2012 the Government introduced the Clean Energy Amendment (International Emissions Trading and Other Measures) Bill 2012 into...

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Interesting outcomes from the WAGN tribunal decision

The Australian Competition Tribunal recently published its decision in respect of WA Gas Networks Pty Ltd's (ATCO) review of the ERA's revised access arrangement for the mid-west and south-west gas

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CAMAC reports on the derivatives definition

In January, the Corporations and Markets Advisory Committee (CAMAC) published its report on the definition of derivatives under the Corporations Act 2001 (Cth). The report was prepared at the...

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