Have your say on the draft NSW energy policy framework

To support the clean energy transition, draft guidelines for wind, solar, transmission, benefit-sharing and private agreements have been released by the NSW Department of Planning and Environment (DPE). This new policy package should be reviewed by existing and prospective applicants of clean energy and transmission projects in NSW. Read more

Safeguard Mechanism reforms: New guidelines released on emissions-intensity determination applications and a review for a potential carbon border adjustment underway

In October 2023, the Clean Energy Regulator released guidelines to assist responsible emitters and auditors making applications for an emissions-intensity determination. For existing Safeguard Mechanism facilities, this determination will be an important factor in how a facility’s unique baseline will be calculated under the reformed Safeguard Mechanism scheme. Read more

Offshore investors & offshore wind in Australia: FIRB in the context of offshore wind feasibility licences

Australia’s foreign investment legislation does not yet clearly address our evolving offshore wind licensing landscape, with offshore wind feasibility licences not neatly sitting within an existing category of actions in the current FIRB regime. However, FIRB has taken a consistent approach in approving recent applications, providing clarity for future foreign participants. Read more

Queensland legislates for hydrogen injection into gas pipelines

The Gas Supply and Other Legislation (Hydrogen Industry Development) Amendment Bill 2023 (Qld) (the Legislation) was passed by Queensland Parliament on 10 October 2023.  The Legislation will commence on a day to be fixed by proclamation. As part of a regulatory review to support the regulation of renewable hydrogen development and use in Queensland, the … Read more

Is Nuclear Power the solution to Australia’s Energy Transition?

The debate around whether nuclear power should be part of Australia’s future energy mix is again on the federal political agenda. This note looks at the arguments for and against the use of nuclear power in Australia and assesses whether nuclear power is a realistic solution to the requirements of Australia’s energy transition. Read more

What does the “Closing the Loopholes” Bill mean for energy businesses?

On Monday 4 September 2023, the Federal Government tabled in the House of Representatives its latest raft of industrial relations reforms through the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth). This Bill is significant, running to 278 pages and covering 28 distinct parts. It proposes reforms that will have a substantial impact on … Read more

Update: Commonwealth Electricity Capacity Investment Scheme

Since Herbert Smith Freehills’ last update on the Capacity Investment Scheme (CIS) in July, the Commonwealth Government has released a Public Consultation Paper (Consultation Paper) for the proposed approach and design of the CIS. Our previous article noted several potential eligibility criteria, as well as detailed the recently announced partnership between the NSW Government and … Read more