Support for major safeguard mechanism reforms agreed

The Federal Government has secured support from the Greens Party on its push to amend safeguard mechanism provisions to further manage emissions reported by the nation’s largest emitters as well as improve transparency regarding the impact of new projects, expected to take effect 1 July 2023. The safeguard mechanism currently operates to mandate that facilities …

Foreign investment and critical infrastructure reform in the resources and renewables industry  

The requirement to obtain approval from the Foreign Investment Review Board (FIRB) prior to undertaking projects in Australia is not a new concept to the resources and renewables sectors. Mining leases have had a $0 FIRB threshold for a number of years. However, the last two years have seen the introduction of significant amendments to …

The Environmental Protection and Other Legislation Amendment Bill 2022 (Qld) finally sees the sunshine

On 12 October 2022, the Environmental Protection and Other Legislation Amendment Bill 2022 (Qld) (EPOLA22 Bill) was introduced in Queensland parliament, following an unusual consultation process conducted with select groups under strict confidentiality arrangements. The majority of the proposed amendments have been excluded from the regulatory impact assessment during the legislative process to date.    …

How the EPA’s draft Climate Change Policy and Action Plan will impact businesses in NSW

The NSW Environment Protection Authority (EPA) recently released its draft Climate Change Policy (Policy) and Climate Change Action Plan 2022-25 (Action Plan) in September 2022. Once implemented, this will solidify the EPA’s role in regulating and reducing greenhouse gas emissions and support the NSW Government’s plan to reach net zero by 2050. The Policy and …

Offshore wind on Australia’s horizon

The realisation of offshore wind projects in Australia is shifting closer, thanks to a more renewables-focused Commonwealth Government, increased cost competitiveness of renewable projects, and fluctuations in the fossil fuel markets. Australia moves to declare its first offshore renewable energy zone Most recently, the Minister for Climate Change and Energy, Chris Bowen MP, announced his …

The critical importance of critical minerals

Each year the Annual Survey of Mining Companies (conducted by the Canadian based Fraser Institute) identifies the top ranked jurisdictions in the world for mining investment based on factors such as the relevant Government policies ability to provide a stable regulatory environment and geological attractiveness for minerals and metals. In the latest results from the …

Electricity Infrastructure Investment Bill passes NSW Parliament Upper House – what you need to know

On 25 November 2020, the Electricity Infrastructure Investment Bill 2020 (NSW) (Renewables Bill) passed the NSW Parliament Upper House following over 30 hours of ongoing debate that challenged 249 proposed amendments.  With the Renewables Bill expected to be assented to before the end of 2020, it is guaranteed to shake up the NSW energy market …

Business Interruption Insurance – COVID-19 Test Case creates opportunity for loss recovery

The outbreak of the COVID-19 pandemic in Australia and overseas has had a hugely damaging economic effect on the business community. Many of these businesses hold Business Interruption (BI) insurance and may have either had claims declined or not pursued them on advice that the policy did not respond. Alternatively, they may not have considered …

What is a day? High Court Delivers Landmark Decision on Personal Leave Entitlements

In a significant decision, the High Court of Australia has clarified the method of calculating an employee’s entitlement to paid personal/ carer’s leave under the Fair Work legislation.  On 13 August 2020 the High Court of Australia handed down its decision in Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29.  Importantly, the …

Queensland land tax: Exemption from foreign surcharge

WHO SHOULD READ THIS THINGS YOU NEED TO KNOW WHAT YOU NEED TO DO On 3 July 2020, the Queensland Government finally confirmed the exemption framework for ex gratia relief from surcharge land tax.  As expected, the exemption will be available where a foreign trust or company is found to make a significant contribution to …

Foreign Ownership of Water Entitlements annual registration requirements

WHO SHOULD READ THIS Foreign investors who hold water entitlements or contractual water rights in Australia. THINGS YOU NEED TO KNOW Foreign persons with holdings in registrable water entitlements or contractual water rights are required to notify the ATO about any changes in these interests on an annual basis and within 30 days of the …

Casual approach causes major headache: WorkPac v Rossato

In a unanimous, but 272 page, judgment, the Full Court of the Federal Court has shattered what many employers had considered to be the standard position about engaging casual employees.  An appeal is all but certain. However, as it stands, employers with a casual workforce face an unprecedented risk of employees claiming back-pay, and potentially penalties, …

Workers not entitled to use paid sick leave during stand down

In a significant decision, the Federal Court has determined that Qantas Airways does not need to allow its stood down workers access to paid personal/carer’s leave or compassionate leave during the period of stand down.  The decision by Justice Flick clarifies the obligations of employers and the rights of thousands of other stood down workers …

JobKeeper payments: wage relief and support for businesses

[vc_row][vc_column][vc_column_text]The Australian Government is offering wage subsidies to help employers retain their employees during the COVID-19 pandemic, and keep employees engaged until the inevitable rebound. Wage relief Eligible businesses (including not-for-profits) who elect to participate in the scheme can expect a wage subsidy of $1,500 per fortnight per eligible employee. The JobKeeper payment is a …

Australia’s Hydrogen Economy – Hype or Hope?

[vc_row][vc_column][vc_column_text] What is so exciting about hydrogen? Hydrogen is the simplest (one proton, one electron, no neutrons) and most abundant element in the Universe. Hydrogen though, has had a bad rap over the years – think the Hindenburg airship disaster in 1937 and hydrogen bomb testing in the 1950s. Now hydrogen is being viewed in …

Expanding opportunities for “New Energy Minerals” in Australia

The era of electric vehicles (EVs) and other battery-powered technology has also ushered in the age of “new energy minerals”. The International Energy Agency’s 2018 World Energy Outlook, in its core scenario, suggests that one-in-five cars sold in the world will be electric by 2040 (but in China it could be and one-in–three cars). This …