A climate change duty of care: Sharma v Minister for the Environment

The recent decision of Justice Bromberg in Sharma v Minister for the Environment [2021] FCA 560 found that a novel duty of care is owed by the Minister for the Environment to Australian children who might suffer potential “catastrophic harm” from the climate change implications of approving the extension to the Vickery coal mine in New South Wales. Read more

A mining make-over in progress?

In his recent keynote address to the platinum group metals industry, Minister of Mineral Resources and Energy, Gwede Mantashe (the Minister) indicated that South Africa aims to increase the country’s share of global exploration expenditure to at least three per cent in the next five years. Read more

High Court dismisses Palmer border challenge

The High Court of Australia has dismissed Clive Palmer’s challenge against the State of Western Australia’s border closures, upholding their validity. The Court has not yet released its reasons, which will follow separately. Read more

Force majeure and China import restrictions

The Chinese Government has reportedly issued verbal advice to state-owned enterprises and private coal customers to not buy certain categories of Australian exports, including coal and copper ore, ‘until further notice’. Reports indicate that the decision has resulted in the cancellation of several cargoes of exports over the last few weeks. It is anticipated that … Read more

NSW Government clarifies the strategic future of coal exploration and mining in New South Wales

On 24 June 2020 the NSW Government released its ‘Strategic Statement on Coal Exploration and Mining in NSW’ (the Statement), which outlines the Government’s policy position on future coal mining and exploration in New South Wales and aims to provide increased certainty to industry and community stakeholders. The new policy position recognises the ‘finite lifespan’ … Read more