Energy & Resources

Energy & Resources

Energy & Resources

The energy and resources sector has moved to centre stage with regard to Australia’s economy and competitiveness in Asia, and will continue as a main growth driver in the next decade. Demand for Australia’s mineral wealth to fuel expansion in emerging economies has seen a spike in cross-border transactions in key commodities such as iron ore, coal, liquid natural gas and coal seam gas. 

Multi-billion dollar infrastructure and other projects have progressed, with more in the pipeline. The climate change debate has polarised views, resulting in a greater focus on water security and renewable power, both of which have already spawned several projects.

Project sponsors, faced with higher project costs partly driven by wage pressures and the impending carbon tax, are looking beyond equity for financing and turning instead to syndicated debt involving foreign banks and secondary listings on international bourses.

Corrs lawyers can help clients develop appropriate structures to attract funding and mitigate their risks in relation to disputes and the impact of resource rent and carbon taxes.

Our Thinking

Mining Sector Update – Australia and Papua New Guinea: November 2017

Each month, Corrs Chambers Westgarth brings you up-to-date on the mining industry. We focus on recent deals, regulatory updates and opportunities in this ever-evolving sector.

More Download

New progressive rehabilitation requirements for Queensland mining activities

Under proposed amendments to Queensland’s Environmental Protection Act 1994, a progressive rehabilitation and closure plan would be required to accompany a site-specific application for a mining activity relating to a mining lease.

More

Reviewing coal seam gas compensation due to a “material change in circumstances”

For the first time, the Land Court has reviewed the compensation agreed under a Conduct and Compensation Agreement for coal seam gas activities due to an alleged “material change in circumstances”.

More

Mining Sector Update: October 2017

Each month, Corrs Chambers Westgarth brings you up-to-date on the mining industry. We focus on recent deals, regulatory updates and opportunities in this ever-evolving sector.

More Download

Mining Sector Update – Australia and Papua New Guinea: September 2017

Each month, Corrs Chambers Westgarth brings you up-to-date on the mining industry. We focus on recent deals, regulatory updates and opportunities in this ever-evolving sector.

More Download

Securing our energy future: practical considerations of the Finkel Report

An analysis of the key recommendations in the Finkel Report and practical questions about its implementation.

More

Industrial Chemicals Bill 2017: A new era of regulation in Australia

Australia’s chemical industry is about to undergo widespread reform. Most notably the changes include the first move away from cosmetics testing on animals.

More

Industrial Chemicals Bill 2017: A new era of regulation in Australia

Australia’s chemical industry is about to undergo widespread reform. Most notably the changes include the first move away from cosmetics testing on animals.

More

Queensland Land Court recommends refusal of Stage 3 expansion of New Acland coal mine

Minister now unlikely to approve the stage 3 expansion of New Hope’s New Acland coal mine.

More

Greater Power Purchasing: How large energy consumers are generating their own

Some of Australia’s largest energy consumers are now procuring renewable energy through PPAs.

More

Institutional investors and the Queensland resources sector: a new challenge to clean exit

Why institutional investors in Queensland could face serious issues when they realise their investment on a clean-exit basis

More

Closer to home: Resources projects face a reduction in fly-in/fly-out workers

Fly-in/fly-out (FIFO) workers have long been an integral aspect of the operational model of large resources projects. However, all that could be changing with the introduction of the Strong and Sustainable Resource Communities Bill 2016.

More

Unchartered Territory: Trade with Iran may be an Economic Goldmine

Iran is open for business following the relief of sanctions, so where do the opportunities lie for Australian investors?

More

Environmental liability for lenders: the law in flux

The Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Qld) puts lenders at risk of being in the firing line of the Queensland DEHP for environmental harm caused by their borrowers in Queensland.

More

When is a water treatment plant part of coal seam gas ‘prospecting’?

A recent decision by Justice Moore in People for the Plains v Santos [2016] has provided some clarity around the types of activities that fall under the definition of ‘prospecting’ and can therefore be carried out without development consent.

More

Clearer skies for drone regulation in Australia

In response to growing interest in the commercial use of drones or remotely piloted aircrafts in a range of industries in Australia, the Civil Aviation Safety Authority has developed new regulations that will take effect from 29 September 2016.

More

High Court Invalidates Federal Law Exempting Offshore Resource Activities from Visa Requirements

Following the High Court’s decision in Maritime Union of Australia v Minister for Immigration and Border Protection [2016], employers in the offshore oil and gas sector will now have to ensure foreign workers have valid visas.

More

Hung or hung out to dry? What fewer than 76 seats could mean for Australian business

How would a minority government address the key issues for business? Ask Corrs CEO John Denton and Partner Andrew Lumsden.

More

Plenty in reserve: Tapping into Iran’s true potential

With Federal Government lifting most sanctions against Iran, what does the country offer Australian business? Corrs partners Alan Churley and David Yates explore a nation which boasts the world’s largest gas reserves.

More

Changes to Queensland’s Land Access Regime

An overview of the evolving land access regime in Queensland and the practical effect of the changes for both landholders and resource authority holders.

More

The reports of coal’s death have been greatly exaggerated

Energy & Resources Partner Bruce Adkins discusses how the death of coal has been greatly exaggerated. Recent transactions in the Australian coal sector demonstrate that quality Australian coal assets continue to be in demand.

More

DEHP’s new weapons to ensure clean-up of mining sites: are you in the firing line?

Recent amendments to Queensland’s environmental laws give the DEHP wide powers to ensure the clean-up of mining sites, and create new liabilities for ‘related persons’. Are you a related person? You might be surprised by the answer…

More

Is your State significant development likely to significantly affect threatened species or their habitats? The devil is not in the detail!

In Upper Mooki Landcare Inc v Shenhua Watermark Coal Pty Ltd and Minister for Planning, the NSW Land and Environment Court has dismissed a challenge to the Watermark Coal Project, an open cut coal mining project south east of Gunnedah.

More

The challenge of building Australia’s gateway to the Indo-Pacific

The development of Northern Australia is attracting renewed investor interest and government support. What are the key challenges to developing Australia’s northern frontier?

More

Here comes the sun: Funding for solar energy will fast-track Australia’s renewable future

Australia’s solar industry is ripe for investment with new government-backed support and funding.

More

Regional Planning Interests Act - What does it mean for your resources project?

With the Regional Planning Interests Act 2014 now passed, resources companies will need to take stock of how this Act will impact their operations.

More

High Court’s commercial approach to reasonable endeavours obligation

The High Court recently held that a party’s contractual obligation to use ‘reasonable endeavours’ to deliver a product under a supply agreement did not require it to forgo its own business and commercial interests.

More

Uranium mining to recommence in Queensland

Uranium mining is once again permitted in Queensland.

More

The Land Access Review - Recommendations for change

Further changes to the Land Access regime in Queensland are foreshadowed in the Land Access Implementation Committee Report released on 4 March 2014.

More

Mothballing a resources project - Landowner issues and compensation

While the decision to shut down a resources project is usually driven by economic and financial factors, implementing the closure requires compliance with a variety of legal measures.

More

Navigating Australian admiralty law: The ability to claim against and arrest a ship in Australian waters

Shipping has become integral to the growth and success of many businesses in Australia.

More Download

CSG explorer convicted and fined: The first prosecution for breaches of conditions of an exploration licence

On 10 January 2014, the NSW Land and Environment Court convicted Santos NSW Pty Ltdof four offences for failing, without reasonable excuse, to comply with conditions of its petroleum exploration licence.

More

CSG update: Special areas zone, exclusion zones, Gateway Assessment Panel and one-stop shop for environmental approvals

Over the past two months, the NSW Government has introduced a raft of changes that affect the development of the coal seam gas industry in the State.

More

Regional Planning Interests Bill 2013

The Regional Planning Interests Bill has been stated to be “an act to manage the impact of resource activities and other regulated activities on areas of the state that contribute to Queensland’s economic, social and environmental prosperity”.

More

More legislation and new approvals - How the Regional Planning Interests Bill 2013 will impact Queensland resource projects

On 20 November 2013, the Honourable Jeff Seeney MP introduced the Regional Planning Interests Bill 2013 (the Bill) into Queensland Parliament.

More

Mothballing a resources project - Regulatory approvals and overlapping tenure issues

Project owners need to manage statutory and contractual obligations as well as a range of environmental, employment and safety issues.

More

Are you prepared for the new oil and gas reporting requirements under the Listing Rules?

Recent market announcements suggest not all ASX listed oil and gas companies are prepared for the significant changes to the ASX Listing Rules which take effect from 1 December 2013.

More

NSW electricity privatisation - The renewable assets

On 1 August 2013, Origin Energy finally acquired the Eraring and Shoalhaven generators over which it had previously entered into GenTrader agreements.

More Download

CSG extraction potentially faces tougher regulation, increased penalties, further investigations ... and a long wait

On 30 July NSW Chief Scientist and Engineer released a report following a review of coal seam gas related activities, which focused on the impacts on human health and the environment.

More

Queensland payment legislation may have feet of clay

Mining services contractors seeking payment for work performed on a site that is occupied under a mining lease should carefully check to see whether the work for which payment is claimed can be characterised as “construction work”.

More

Proposed New South Wales stamp duty changes

An amending bill has been introduced into the New South Wales Parliament which will make significant stamp duty changes. Once enacted, some of the amendments may apply to transactions that have already been entered into.

More

The regulation of unconventional petroleum exploration and production in Western Australia

With WA having one of the largest technically recoverable shale gas reserves in its Canning and Perth basins, it is no wonder that unconventional petroleum exploration is gathering pace and attracting investment from international oil companies.

More

Public interest litigants - Order made to provide security for costs

In the recent decision of Illawarra Residents for Responsible Mining Inc v Gujarat NRE Coking Coal Ltd, the Court ordered a public interest litigant to provide security for costs of the respondent in the sum of $40,000.

More

Recent environmental decisions concerning energy & resources projects

This In Brief addresses three recent cases of relevance to Energy & Resources Projects.

More

Our Thinking

Mining Sector Update – Australia and Papua New Guinea: November 2017

Each month, Corrs Chambers Westgarth brings you up-to-date on the mining industry. We focus on recent deals, regulatory updates and opportunities in this ever-evolving sector.

New progressive rehabilitation requirements for Queensland mining activities

Under proposed amendments to Queensland’s Environmental Protection Act 1994, a progressive rehabilitation and closure plan would be required to accompany a site-specific application for a mining activity relating to a mining lease.

Reviewing coal seam gas compensation due to a “material change in circumstances”

For the first time, the Land Court has reviewed the compensation agreed under a Conduct and Compensation Agreement for coal seam gas activities due to an alleged “material change in circumstances”.

Mining Sector Update: October 2017

Each month, Corrs Chambers Westgarth brings you up-to-date on the mining industry. We focus on recent deals, regulatory updates and opportunities in this ever-evolving sector.

Mining Sector Update – Australia and Papua New Guinea: September 2017

Each month, Corrs Chambers Westgarth brings you up-to-date on the mining industry. We focus on recent deals, regulatory updates and opportunities in this ever-evolving sector.

Securing our energy future: practical considerations of the Finkel Report

An analysis of the key recommendations in the Finkel Report and practical questions about its implementation.

Industrial Chemicals Bill 2017: A new era of regulation in Australia

Australia’s chemical industry is about to undergo widespread reform. Most notably the changes include the first move away from cosmetics testing on animals.

Industrial Chemicals Bill 2017: A new era of regulation in Australia

Australia’s chemical industry is about to undergo widespread reform. Most notably the changes include the first move away from cosmetics testing on animals.

Queensland Land Court recommends refusal of Stage 3 expansion of New Acland coal mine

Minister now unlikely to approve the stage 3 expansion of New Hope’s New Acland coal mine.

Greater Power Purchasing: How large energy consumers are generating their own

Some of Australia’s largest energy consumers are now procuring renewable energy through PPAs.

Institutional investors and the Queensland resources sector: a new challenge to clean exit

Why institutional investors in Queensland could face serious issues when they realise their investment on a clean-exit basis

Closer to home: Resources projects face a reduction in fly-in/fly-out workers

Fly-in/fly-out (FIFO) workers have long been an integral aspect of the operational model of large resources projects. However, all that could be changing with the introduction of the Strong and Sustainable Resource Communities Bill 2016.

Unchartered Territory: Trade with Iran may be an Economic Goldmine

Iran is open for business following the relief of sanctions, so where do the opportunities lie for Australian investors?

Environmental liability for lenders: the law in flux

The Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Qld) puts lenders at risk of being in the firing line of the Queensland DEHP for environmental harm caused by their borrowers in Queensland.

When is a water treatment plant part of coal seam gas ‘prospecting’?

A recent decision by Justice Moore in People for the Plains v Santos [2016] has provided some clarity around the types of activities that fall under the definition of ‘prospecting’ and can therefore be carried out without development consent.

Clearer skies for drone regulation in Australia

In response to growing interest in the commercial use of drones or remotely piloted aircrafts in a range of industries in Australia, the Civil Aviation Safety Authority has developed new regulations that will take effect from 29 September 2016.

High Court Invalidates Federal Law Exempting Offshore Resource Activities from Visa Requirements

Following the High Court’s decision in Maritime Union of Australia v Minister for Immigration and Border Protection [2016], employers in the offshore oil and gas sector will now have to ensure foreign workers have valid visas.

Hung or hung out to dry? What fewer than 76 seats could mean for Australian business

How would a minority government address the key issues for business? Ask Corrs CEO John Denton and Partner Andrew Lumsden.

Plenty in reserve: Tapping into Iran’s true potential

With Federal Government lifting most sanctions against Iran, what does the country offer Australian business? Corrs partners Alan Churley and David Yates explore a nation which boasts the world’s largest gas reserves.

Changes to Queensland’s Land Access Regime

An overview of the evolving land access regime in Queensland and the practical effect of the changes for both landholders and resource authority holders.

The reports of coal’s death have been greatly exaggerated

Energy & Resources Partner Bruce Adkins discusses how the death of coal has been greatly exaggerated. Recent transactions in the Australian coal sector demonstrate that quality Australian coal assets continue to be in demand.

DEHP’s new weapons to ensure clean-up of mining sites: are you in the firing line?

Recent amendments to Queensland’s environmental laws give the DEHP wide powers to ensure the clean-up of mining sites, and create new liabilities for ‘related persons’. Are you a related person? You might be surprised by the answer…

Is your State significant development likely to significantly affect threatened species or their habitats? The devil is not in the detail!

In Upper Mooki Landcare Inc v Shenhua Watermark Coal Pty Ltd and Minister for Planning, the NSW Land and Environment Court has dismissed a challenge to the Watermark Coal Project, an open cut coal mining project south east of Gunnedah.

The challenge of building Australia’s gateway to the Indo-Pacific

The development of Northern Australia is attracting renewed investor interest and government support. What are the key challenges to developing Australia’s northern frontier?

Here comes the sun: Funding for solar energy will fast-track Australia’s renewable future

Australia’s solar industry is ripe for investment with new government-backed support and funding.

Regional Planning Interests Act - What does it mean for your resources project?

With the Regional Planning Interests Act 2014 now passed, resources companies will need to take stock of how this Act will impact their operations.

High Court’s commercial approach to reasonable endeavours obligation

The High Court recently held that a party’s contractual obligation to use ‘reasonable endeavours’ to deliver a product under a supply agreement did not require it to forgo its own business and commercial interests.

Uranium mining to recommence in Queensland

Uranium mining is once again permitted in Queensland.

The Land Access Review - Recommendations for change

Further changes to the Land Access regime in Queensland are foreshadowed in the Land Access Implementation Committee Report released on 4 March 2014.

Mothballing a resources project - Landowner issues and compensation

While the decision to shut down a resources project is usually driven by economic and financial factors, implementing the closure requires compliance with a variety of legal measures.

Navigating Australian admiralty law: The ability to claim against and arrest a ship in Australian waters

Shipping has become integral to the growth and success of many businesses in Australia.

CSG explorer convicted and fined: The first prosecution for breaches of conditions of an exploration licence

On 10 January 2014, the NSW Land and Environment Court convicted Santos NSW Pty Ltdof four offences for failing, without reasonable excuse, to comply with conditions of its petroleum exploration licence.

CSG update: Special areas zone, exclusion zones, Gateway Assessment Panel and one-stop shop for environmental approvals

Over the past two months, the NSW Government has introduced a raft of changes that affect the development of the coal seam gas industry in the State.

Regional Planning Interests Bill 2013

The Regional Planning Interests Bill has been stated to be “an act to manage the impact of resource activities and other regulated activities on areas of the state that contribute to Queensland’s economic, social and environmental prosperity”.

More legislation and new approvals - How the Regional Planning Interests Bill 2013 will impact Queensland resource projects

On 20 November 2013, the Honourable Jeff Seeney MP introduced the Regional Planning Interests Bill 2013 (the Bill) into Queensland Parliament.

Mothballing a resources project - Regulatory approvals and overlapping tenure issues

Project owners need to manage statutory and contractual obligations as well as a range of environmental, employment and safety issues.

Are you prepared for the new oil and gas reporting requirements under the Listing Rules?

Recent market announcements suggest not all ASX listed oil and gas companies are prepared for the significant changes to the ASX Listing Rules which take effect from 1 December 2013.

NSW electricity privatisation - The renewable assets

On 1 August 2013, Origin Energy finally acquired the Eraring and Shoalhaven generators over which it had previously entered into GenTrader agreements.

CSG extraction potentially faces tougher regulation, increased penalties, further investigations ... and a long wait

On 30 July NSW Chief Scientist and Engineer released a report following a review of coal seam gas related activities, which focused on the impacts on human health and the environment.

Queensland payment legislation may have feet of clay

Mining services contractors seeking payment for work performed on a site that is occupied under a mining lease should carefully check to see whether the work for which payment is claimed can be characterised as “construction work”.

Proposed New South Wales stamp duty changes

An amending bill has been introduced into the New South Wales Parliament which will make significant stamp duty changes. Once enacted, some of the amendments may apply to transactions that have already been entered into.

The regulation of unconventional petroleum exploration and production in Western Australia

With WA having one of the largest technically recoverable shale gas reserves in its Canning and Perth basins, it is no wonder that unconventional petroleum exploration is gathering pace and attracting investment from international oil companies.

Public interest litigants - Order made to provide security for costs

In the recent decision of Illawarra Residents for Responsible Mining Inc v Gujarat NRE Coking Coal Ltd, the Court ordered a public interest litigant to provide security for costs of the respondent in the sum of $40,000.

Recent environmental decisions concerning energy & resources projects

This In Brief addresses three recent cases of relevance to Energy & Resources Projects.