Energy

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

Warkworth Extension Project – Court of Appeal upholds LEC’s decision to overturn Part 3A approval

The NSW Court of Appeal has recently delivered a judgment upholding a decision by the NSW Land and Environment Court to overturn the Part 3A approval granted for the Warkworth Extension Project. The judgment contains important lessons about objector merits … Continue reading

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Filed under Coal, Energy, Mining

Victoria to raise the bar for mining exemptions

The Victorian Minister for Energy and Resources recently introduced the Mineral Resources (Sustainable Development) Amendment Bill 2013 (Vic) (the Amendment Bill) into the Victorian Parliament. The Amendment Bill, if passed, will likely make it more difficult for land to be … Continue reading

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Filed under Energy, Mineral Resources, Mining, Mining Infrastructure, mining leases, Resources, Victoria

NSW streamlines standard mining lease conditions

On 17 October 2013, the NSW Resources and Energy Minister Chris Hartcher announced significant amendments to the standard conditions for mining leases to reduce regulatory duplication. The amendments will result in the removal of conditions that that seek to address … Continue reading

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Filed under Energy, Mining Infrastructure, mining leases, New South Wales, Power, Resources