Australia

Federal Government Announces Junior Mineral Exploration Tax Credit

On 2 September 2017, the Government announced a welcome new four-year $100 million Junior Mineral Exploration Tax Credit (JMETC) following the expiry of the existing Exploration Development Incentive (EDI) exploration credit regime. The JMETC will commence this 2017-18 financial year. … Continue reading

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Filed under Australia, Energy, Mining, Mining Infrastructure, Regulation, Resources

High Court applies strict compliance test under the Mining Act 1978 (WA) and raises doubts regarding tenement validity –remedial legislative response required

In its recent decision in Forrest & Forrest v Wilson [2017] HCA 30, the High Court held that a failure to strictly comply with the technical lodgements requirements of the Mining Act 1978 (WA) (Mining Act) invalidated a decision of … Continue reading

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Filed under Australia, Energy, Mining, Mining Infrastructure, Regulation, Resources, Western Australia

Queensland’s mining sector set to experience significant changes to financial assurance and rehabilitation requirements with proposed reforms

Mining projects in Queensland typically require financial assurance (FA), a form of financial security/bonding provided to the Government to cover costs associated with environmental harm and rehabilitation, should the project not comply with environmental obligations. In 2016, an independent review … Continue reading

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Filed under Australia, Energy, Mining, Queensland, Resources

High Court reconfirms object commercial purpose test for construction of contracts

This is a summary of a High Court decision made in the case of Ecosse Property Holdings Pty Ltd v Dee Gee Nominees Pty Ltd [2017] HCA 12 in dispute of a contract that restricted the sale and purchase due … Continue reading

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Filed under Australia, Energy, Mining, Mining Infrastructure, Queensland, Resources

Queensland explores mining rehabilitation and financial assurance reforms

At a glance The Queensland Government has proposed broad policy and legislative reform in relation to financial assurance and mine rehabilitation with a view to improving rehabilitation performance, reducing reliance on the financial assurance system and clarifying mine rehabilitation requirements. … Continue reading

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Filed under Australia, Energy, Mining, Queensland, Regulation

Shareholder activism: Update on the status of ‘advisory’ environmental resolutions in Australia

In its recent decision in Australasian Centre for Corporate Responsibility v Commonwealth Bank of Australia [2016] FCAFC 80, the Full Court of the Federal Court (Full Court) dismissed an appeal by the Australasian Centre for Corporate Responsibility (ACCR). This decision … Continue reading

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Filed under Australia, Energy, Mining

Clive Palmer and Al Gore team up in a remarkable day for carbon in Australia

Yesterday was a remarkable day here for carbon-related issues. Clive Palmer has substantially changed position. He won’t support Direct Action – he says that it ‘is a waste of money’. Nor will he support the abolition of various key existing … Continue reading

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Filed under Al Gore, Australia, Carbon, Carbon Tax, Climate Change, Clive Palmer, Emissions Trading Scheme, Energy, ETS, Mining, Politics

Australia-Korea FTA concluded

On 5 December 2013, Australia and South Korea concluded negotiations for a Free Trade Agreement (FTA). Trade with South Korea was valued at AU$31.9 billion in 2012, making Korea Australia’s fourth biggest two-way trading partner (following China, Japan and the … Continue reading

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Filed under Australia, Korea, Tarrifs, Trade

Qld: Draft Qld Ports Strategy proposes to concentrate port development in QLD to 5 key port areas

The Queensland Government released its draft Ports Strategy on Thursday 17 October 2013. The draft Ports Strategy proposes to: declare that Brisbane, Mackay / Hay Point (in 2 separate zones), Gladstone, Townsville and Abbot Point ports will be the 5 … Continue reading

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Filed under Australia, Mineral Resources, Mining, Ports, Queensland

A strange thing happened at Africa Downunder

A strange thing happened at the annual Africa Downunder conference in Perth last week, and it had nothing to do with the record attendance of more than 2,500 delegates from Australian and overseas mining companies, service providers, financiers and governments. … Continue reading

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Filed under Africa, Africa Downunder conference, Australia, Herbert Smith Freehill Mining, Mining, Resources