Australiaâs offshore wind farm journey so far The Albanese Governmentâs Rewiring the Nation policy has promised an investment of $20 billion towards the modernisation of the electricity grid to unlock the commercial development of large-scale renewable energy projects. With an ambitious focus to increase overall renewable energy production to 82% of the National Electricity Market generation …
Category Archives: Insight
BESS retrofit projects â as easy as plug and play?
Battery energy storage systems (BESS), when co-located with a solar or wind farm, provide a more reliable generation source by charging during periods of high irradiance or high wind and discharging to meet demand during periods of low irradiance or low wind. Given this, we are seeing an increasing number of new solar and wind …
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Is this the end of enterprise bargaining?
For 30 years, the industrial relations regulatory environment in Australia has entrusted employers and their employees to negotiate the most suitable terms and conditions for their collective circumstances. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Fair Work Amendment Act) fundamentally alters this dynamic, such that conditions of employment will be set …
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Significant resources safety act changes in the pipeline
Representing the vanguard of upcoming changes to Queenslandâs resources safety laws, in late 2022, the Coal Mining Safety and Health Act 1999 (Qld) was amended to include âdirect employee requirementsâ. Those changes now provide that a coal mine operator must not appoint a person to certain statutory positions unless the person is an employee of: …
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Insurance sureties: an alternative solution for environmental rehabilitation securities
All Australian jurisdictions have their own laws regarding the provision of security for mine rehabilitation works. For example, New South Wales has had in place for some time, the ability for this security to be provided in the form of insurance sureties. In 2019, Queensland introduced a new regime enabling the use of insurance sureties as …
Navigating new sanctions
Last year, we forewarned that the full impact on the Australian market of Russiaâs invasion of Ukraine was yet to be realised. Some months later, the full force of the conflict has been felt by most Australians, primarily through the surging costs of gas and oil. For some, an added challenge of the last 12 months …
Key modern award changes â Shutdown periods and penalty rates for Professional Employees
Two major changes to modern awards will be implemented in 2023 including a revised approach to unpaid leave during temporary shutdown periods for 78 modern awards, and new penalty rates for employees working over 38 hours per week under the Professional Employees Award 2020. This is a timely reminder to employers to ensure that …
Section 100A Reimbursement Agreements: The ATO finalises its viewsâŚfor now
The recent explosion of interest in the taxation of discretionary trust distributions would suggest that there has been a radical amendment of the Australian law. Nothing could be further from the truth. What has occurred, particularly over the last eighteen months, is the culmination of multi-year campaign by the Australian Tax Office (ATO) to re-purpose …
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Response to the NSW Flood Inquiry â What Next?
In August 2022 the report of an independent NSW Flood Inquiry (Inquiry) was released. The Report makes a number of recommendations concerning flood preparation in land use planning, management and building standards for existing and future developments. The Inquiry was launched following the catastrophic flood events that occurred in early 2022. The recommendations followed findings …
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Proposed reduction in biodiversity offset areas fails to satisfy jurisdictional prerequisites to granting of approval
In the recent decision of Gunlake Quarries Pty Ltd v Minister for Planning [2022] NSWLEC 1570, the Land and Environment Court dismissed the appeal commenced by Gunlake Quarries Pty Ltd (Gunlake) concerning the proposed modification of its development consent which sought approval to reduce the minimum size of the Biodiversity Area required to be offset. …
New rules governing the Stateâs 45 independent planning panels (IPP) toâŻcome into effect on 24 April 2023
The NSW Department of Planning and Environment has created new rules governing the stateâs 45 independent planning panels (IPP). What are the changes? The nine Sydney District and Regional Planning Panels will now require: The 36 Local Planning Panels (LPP) will now require: Why are these changes being introduced? These rules aim to strengthen the …
Case note: Visual impacts and the principle of intergenerational equity
The Courtâs decision in Stannards Marine Pty Ltd v North Sydney Council [2022] NSWLEC 99 highlights the importance of properly addressing landscape character and visual impacts for proposals in highly scenic and significant locations having regard to the principle of intergenerational equity and the concept of public trust. The decision is indicative of an increasing …
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Further delays to the rollout of the Project Trust Account regime
Who should read this All principals, head contractors and subcontractors performing building and construction work in Queensland. Project Trust Account (PTA) regime The implementation of the PTA regime has again been delayed. Phase 3 (eligible contracts valued over $3 million) and Phase 4 (eligible contracts over $1 million) were to commence on 1 April 2023 …
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Up close and Personnel: ATO updates its guidance on the definition of an âemployeeâ for businessesâ withholding obligations
Late last year, the Australian Taxation Office (ATO) released Draft Ruling TR 2022/D3 Income tax: pay as you go withholding â who is an employee (Draft Ruling) and Draft Practical Compliance Guideline PCG 2022/D5 (Draft PCG). The Draft Ruling provides updated guidance on businessesâ obligations in relation to Pay as You Go (PAYG) withholding and …
ACCC and ASIC intensifying crackdown on greenwashing
Both the Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC) have publicly announced that enforcement in relation to âgreenwashingâ claims is a priority for this financial year. Consistent with that, the ACCC has recently released its report into the market review it conducted of greenwashing claims. The report is …
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Proposed tax on super balances greater than $3 million
The Treasurerâs proposed change to taxation on superannuation balances over $3 million is currently very long on rhetoric and very short on detail. The little detail we have so far comes from a short Treasury fact sheet and a number of statements to the press and parliament, which seem to only add to the confusion. …
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New positive security obligations for owners of critical infrastructure
The Minister for Cyber Security, Clare OâNeill MP, has announced the immediate commencement of the third and final preventative obligation under the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act), for owners of certain asset classes listed in the Security of Critical Infrastructure (Critical infrastructure risk management program) Rules (LIN 23/006) 2023 (CIRMP Rules). Responsible …
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Respect@Work reforms: Are you ready?
The landmark Respect@Work Report observed that our legal framework was not effectively preventing sexual harassment because it is focused on addressing and responding to conduct that had already occurred. It called on legislators to shift the focus by requiring duty holders to proactively prevent discrimination and harassment. Following recent legislative amendments, there is now a …
The battle of the beers
The Federal Court of Australia has recently ruled in favour of the creators of âBetter Beerâ for a misleading and deceptive conduct claim, which concerned the similarities in the packaging and production of Torquay Beverage Co Pty Ltdâs âBetter Beerâ and Brick Lane Brewing Co Pty Ltdâs âSidewinderâ beer.[1] Acknowledging that while beer lovers have …
Does your workplace have an enterprise agreement made before 1 January 2010? If so, you need to take action before 6 June 2023!
With 6 June 2023 around the corner, employers need to ensure they are prepared to inform any affected employees of impending termination of âzombieâ agreements and the consequent reversion to the relevant award. What are ‘Zombie’ agreements? âZombieâ agreements are agreements made before 1 January 2010, when modern awards commenced operation under the Fair Work …
Governmentâs Secure Jobs, Better Pay Act aims to impact aged care sector
The Federal Governmentâs 2022 changes to the Fair Work Act will have a significant impact on the aged care sector commencing as early as 6 June 2023. The changes made by the Secure Jobs, Better Pay Act clearly show the Governmentâs intention to focus increasing wages in low paid sectors, including aged care, as a …
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Practical guidance on âcopyright claimsâ from digital services providers â are you sure itâs legit?
There has been a recent emergence of online digital services providers, which raise claims of âcopyright infringing materialâ or similar against publishers of online content, with a view to protecting their clienteleâs copyright works. The issue? These copyright claims in some circumstances appear to be made without conducting the proper copyright infringement analysis, including forming …
Redefining Long Service Leave in NSW: âsubstantial connectionâ test changed
On 14 December 2022, the New South Wales Court of Appeal in Wipro Ltd v New South Wales [2022] NSWCA 265 changed the NSW position on how statutory long service leave operates. This decision narrows who has an entitlement to statutory long service leave, by redefining how âsubstantial connectionâ to the state is assessed, impacting …
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The QLD Psychosocial Code of Practice â what do businesses need to do?
Queenslandâs statutory requirements about managing psychosocial hazards are changing in April 2023, when amendments to the Work Health and Safety Regulation 2011 (Qld) (WHS Regs)(see our earlier article here) and the new Code of Practice: Managing the Risk of Psychosocial Hazards at Work (Code) commence. Is it a big change? Yes. Itâs actually pretty huge. Regulation of …
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Timely Reminder on the importance of âDesign Excellenceâ
âDesign excellenceâ is a term used in planning instruments to group the range of requirements intended to ensure the delivery of development characterised by a high standard of design. In a recent development appeal to the NSW Land and Environment Court (Court), a development application (DA) was refused on the basis that the proposal lacked …
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Ensuring the validity of Development Control Orders
A recent decision in the Land and Environment Court serves as a timely reminder for regulatory authorities when drafting development control orders (DCOs). Should there be non-compliance with a DCO and proceedings effectively brought against the recipient with respect to the same, it is important that the DCO has been drafted correctly, so as to …
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Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2022
The NSW Parliament has recently passed amendments to the Environmental Planning and Assessment Act 1979 (NSW) (Act) and Environmental Planning and Assessment Regulation 2021 (NSW) (Regulation), which mandate longer exhibition periods for development applications made by councils or which involve land owned or occupied by councils. Council-related developments With effect from 3 April 2023, council-related …
Government proposes review into Caravan Park and MHE planning approval framework
With more affordable and diverse housing options becoming increasingly popular and important, it may be no surprise that the NSW Government has flagged its intention to undertake a review into the assessment and approvals process for Caravan Parks and Manufactured Home Estates (MHE). Time will tell whether the NSW Department of Planning and Environmentâs proposed …
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Streamlined assessment pathway for social and affordable housing programsÂ
Who should read this? Developers and their advisors involved in community and social housing in Queensland. Things you need to know What you need to do Consider whether your social or affordable housing may be eligible for assessment under the infrastructure designation pathway, and whether that is more time and cost efficient than a traditional …
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Featherweight securities and administration risk â make sure you have sufficient security
Featherweight security and administration risk are unique to Australia and often misunderstood or overlooked in the market. In this article, our Finance team step through administration risk, outline the benefit of featherweight security, and set out some key concepts that should be considered and addressed. Key takeaways Financiers taking security from a company that does …