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

What commodities are showing more resilience from COVID-19 and why?

Olivier Binyingo, a director in the Johannesburg office of Herbert Smith Freehills South Africa LLP who has built particular experience in the Democratic Republic of Congo, will participate in a DRC Mining Week webinar on Thursday 18 June, 11:00 GMT which will address questions such as: Will the permanency of these declines be tied to … Read more

COVID-19 and the impact on competition law – mining

This article was originally posted to Competition Notes on April 6 2020. The rapid spread of COVID-19 across the world, and notably Europe, in recent weeks is placing increasing strain on our economies, in addition to the tragic human impact. Several implications for competition law have already emerged. In the update below, we summarise (non-exhaustively) … Read more

COVID-19 – Plan now to manage environmental compliance during the crisis (EP&C repost)

Australian companies should plan now to ensure environmental compliance as the COVID-19 pandemic unfolds. This is particularly the case for licensed facilities and businesses with the potential for material environmental impacts or other obligations in respect of emission, discharges and waste management. Please click here to view the post on ENVIRONMENT, PLANNING & COMMUNITIES NOTES Read more

EP&C re-post: Adoption of Equator Principles 4

On 18 November 2019, the updated version of the Equator Principles (EP), EP4, was adopted by the Equator Principles Association. EP4 will apply to mandated transactions from 1 July 2020. The key amendments are as follows: Please click here to view the post on Environment, Planning & Communities Notes. Read more

Western Australia’s new lithium royalty regime

On 11 October 2019 the Western Australian government announced that it will introduce a new royalty regime for lithium producers in the form of a 5% feedstock royalty rate for lithium hydroxide and lithium carbonate where those are the first products sold and the feedstock is spodumene concentrate. The announcement comes after a recent review … Read more