17th April 2013
By Michael Blakiston, Claire Boyd, David Martino, Phil McKeiver
Welcome to the first edition of WA Resources Update, your regular newsletter about key developments for the Western Australian mining sector. The Update has been prepared by members of Gilbert + Tobin’s leading Energy and Resources team.
21st September 2012
ASX has released proposed changes to the ASX Listing Rules, and associated Guidance Notes, applicable to reserves and resources reporting by ASX-listed mining and oil & gas companies.
13th September 2012
By Mark Gerus, Hayley McNamara
Following a four year review into the current regime of environmental securities in respect of mining tenements in Western Australia, on 15 August 2012, the Government has introduced into Parliament the long awaited Mining Rehabilitation Fund Bill 2012 (WA) (MRF Bill) and Mining Rehabilitation Fund Amendment Bill 2012 (WA) (MRF Amendment Bill).
2nd August 2012
By Chris Flynn
Printed on page 47 of the Australian Financial Review dated 16 July 2012. Reproduced here with the permission of the Australian Financial Review.
12th July 2012
By Michael Blakiston, Claire Boyd, Peter Feros, Hayley McNamara
Even if you didn’t think the minerals resource rent tax (MRRT) was going to affect you, if you disposed of an iron ore or coal asset after 1 May 2010, you may be under an obligation to provide a notification to the buyer or acquirer by 21 July 2012.
11th July 2012
By Chris Flynn
Using commercial mechanisms and international law to protect your investment in emerging markets – As Australian and other Western resource companies increasingly look to invest in emerging markets, particularly in Africa, to invest managing political risk is becoming more important to their business.
4th July 2012
By Chris Flynn, Matt Baumgurtel
The ASX has recently reported on its consultation process regarding the reporting requirements for Australian resources companies. A number of proposals flow from that process which, while bringing Australia into line with other leading international resources markets, carry clear implications for its mining, and oil and gas companies.
21st May 2012
By Claire Boyd, Chris Flynn, Hayley McNamara
On 17 May 2012 the Western Australian State Government (Government) released its 2012-13 state budget. In the budget the Government revealed that it will be conducting a review of its mining royalty system over the next three years, completing by 1 July 2015 (Review). The Review aims to deliver an A$180-million increase in royalty intake for the State in the 2015/16 fiscal year.
11th May 2012
By Michael Blakiston, Claire Boyd, Chris Flynn, David Martino, Hayley McNamara
In a welcome move this week the Department of Mines and Petroleum of Western Australia (DMP) announced its plans to reform the environmental regulatory approvals process that currently apply to onshore minerals and oil and gas operations.
7th May 2012
By Chris Flynn, Matt Baumgurtel
On 1 May 2012, the New South Wales Legislative Council General Purpose Standing Committee no.5 (Committee) released its report (Report) on certain environmental, economic and social aspects of the coal seam gas (CSG) industry in NSW.
21st March 2012
This month, the Association of International Petroleum Negotiators (AIPN) released the 2012 version of the Model International Joint Operating Agreement (2012 JOA). The 2012 JOA replaces the 2002 version of the Model International Joint Operating Agreement (Previous JOA).
20th December 2011
By Morelle Bull, Catherine Dermody
Please click here to access the Australian chapter of Electricity Regulation 2012, that presents an overview of the government policy and legislative framework for the electricity sector in Australia. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Electricity Regulation 2012, (published in November, 2011; contributing editor: Earle H O’Donnell, White & Case LLP). For further information please visit www.GettingTheDealThrough.com.
8th November 2011
By Ben Fuller
On 8 November 2011, The Senate passed the Government’s Clean Energy Legislation without any amendments. Australia now has (after months of parliamentary debate and inquiries) a statutory ‘carbon pricing mechanism’ to regulate carbon emissions. The ‘carbon pricing mechanism’ will commence on 1 July 2012 with the starting price for carbon emissions fixed at $23 a tonne.
14th July 2011
By Ben Fuller
The Australian Government has released its Climate Change Plan to secure a ‘clean energy future’ in Australia. The main objective of the Climate Change Plan is to achieve the Government’s original commitment to reduce carbon pollution by 5% from 2000 levels by 2020, as well as the new commitment to reduce emissions by 80% from 2000 levels by 2050.
1st April 2011
On 19 June 2010 a plane accident in Congo claimed the lives of the entire board of Sundance Resources Limited (Sundance or Company). As a response to this tragic event, shares in Sundance were placed in a trading halt then a suspension while the Company sought to rearrange its corporate governance. Subsequently an advisory group was established to run the affairs of the Company.
20th September 2010
By Amanda Hempel, Emanuel Confos
Click here for a link to our broadcast with Emanuel Confos, Partner providing an in-depth overview of the Energy Efficiency Disclosure Act 2010 and examines the new disclosure requirements for owners, landlords and tenants in relation to the energy efficiency of certain commercial buildings.
26th July 2010
Click here for a link to our broadcast with Noni Shannon, Special Counsel, discussing the implications for business arising from the Government’s recently announced climate change policy.
15th July 2010
By Henrietta Watts-Russell, Amanda Hempel, Ben Fuller, Emanuel Confos
It has been almost 18 months since the NSW Government announced that it was positioning itself to take advantage of the predicted increase in investment in renewable energy that will result from the expanded national renewable energy target (RET) of 20% by 2020.
2nd February 2010
Click here for a link to our Climate Change Round Table hosted by Noni Shannon, Gilbert + Tobin with guest speakers Marc Barrington, AGL, Romilly Madew, Green Building Council of Australia and Alan Moran, Institute of Public Affairs.
2nd December 2009
Click here for a link to our broadcast with Noni Shannon, Special Counsel, discussing where to from here for an Emissions Trading Scheme.
22nd October 2009
Click here for a link to our broadcast on the negotiation of amendments to the CPRS by Noni Shannon, Special Counsel, Gilbert + Tobin.
1st September 2009
By Amanda Hempel, Emanuel Confos
A copy of the article ‘Mandatory Disclosure of Commercial Building Energy Efficiency’ written by Gilbert + Tobin Partners Amanda Hempel and Emanuel Confos and Special Counsel Noni Shannon.
5th May 2009
The Commonwealth Government has announced significant changes to the Carbon Pollution Reduction Scheme (CPRS) including a higher reduction target and a delay in its introduction.
9th January 2009
In addition to the release of the Commonwealth Government`s (Government) climate change policy package, the Council of Australian Governments (COAG) Working Group on Climate Change and Water has simultaneously released an exposure draft of the Renewable Energy (Electricity) Amendment Bill 2008 and Renewable Energy (Electricity) Amendment Regulations 2008 (Bill) for public consultation. The Bill follows on from the consultation paper `Design Options for the Expanded National Renewable Energy Target Scheme` where stakeholders were invited to comment on the proposed design for an expanded renewable energy target scheme.
19th December 2008
The long anticipated White Paper for the Carbon Pollution Reduction Scheme (CPRS) was released by the Commonwealth Government (Government) on Monday, 15 December 2008 (White Paper). The White Paper outlines and provides detail on: – the final design of the CPRS; – the medium term carbon reduction target range; and – a number of supporting policies, initiatives and programs. These details establish more certainty in relation to the Government`s emission reduction strategy and signify the first concrete steps to the reality of a carbon constrained Australia.
21st November 2008
By Amanda Hempel, Emanuel Confos
With the impending commencement of the Carbon Pollution Reduction Scheme (CPRS) and the new look National Renewable Energy Target Scheme (NRET), the Commonwealth Government has recognised that there will be greater emphasis on renewable energy projects in Australia, in particular wind farms. As a result of increased investment and development opportunities there will be a corresponding need to improve guidance and certainty in respect of the development, assessment and operation of wind farms. This is particularly important for key stakeholders in any wind farm proposal being developers, investors, financiers, local government and the community.
20th November 2008
The NSW Court of Appeal (CA) has overturned a key Land and Environment Court (LEC) climate change decision, but the Victorian Civil and Administrative Tribunal (VCAT) has strengthened climate change requirements on councils when considering development applications. What does all this mean for climate change considerations for development applications?
18th July 2008
By Luke Woodward, Amanda Hempel
Unless businesses and individuals over time bear the responsibility for their consumption and production decisions, the level of carbon pollution will remain at unsustainable levels. Emissions trading schemes are designed to redress this market failure. Emissions trading schemes are simply a mechanism to achieve an objective… Australia has a strong interest in promoting broad-based, market responses to climate change because these allow abatement to happen where and when it is most cost effective.[1]
15th July 2008
By Luke Woodward, Amanda Hempel
Australia would be hurt more than other developed countries by unmitigated climate change, and we therefore have an interest in encouraging the strongest feasible global effort. We are running out of time for effective global action, and it is important that we play our full part in nurturing the remaining chance.
5th June 2008
Reporting of emissions and energy use and production under the National Greenhouse and Energy Reporting Act 2007 (Cth) (NGER Act) becomes mandatory from 1 July of this year with reports for the 2008-09 financial year due in August 2009.
6th February 2008
‘Climate Change presents a risk to the survival of the human race and other species. Consequently, it’s a deadly serious issue.’ Justice Biscoe
