In 2021, McCullough Robertson Lawyers, through the McCullough Robertson Foundation, committed $100,000 to establish and support the Queensland University of Technology (QUT) Michael Roche Scholarship (Scholarship). The Scholarship drives innovation in the areas of environment, sustainability, or climate change within the resources and renewables industry, by supporting insightful leadership and creative vision in originating concepts …
Expertise Archives:
Overlapping resources and renewables developments – can these projects co-exist?
Approximately 95% of Australia’s landmass is uninhabited, giving the impression that little competition exists for the development of this land. In reality, vast areas of the Australian continent are endowed with valuable resources that are critical for the development of new ‘clean’ technologies, and this same land is often also ideal for other competing land …
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Riding the wave of renewable energy – when will Australia become a world leader in offshore wind?
Australia’s offshore wind farm journey so far The Albanese Government’s 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 …
BESS retrofit projects – 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 Queensland’s resources safety laws, in late 2022, the Coal Mining Safety and Health Act 1999 (Qld) was amended to include ‘direct employee requirements’. 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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Navigating new sanctions
Last year, we forewarned that the full impact on the Australian market of Russia’s 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 …
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 …
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New requirements for the appointment of individuals to safety critical roles at Queensland coal mines
New provisions will take effect in the Coal Mining Safety and Health Act 1999 (Qld) (the Act) from 25 November 2022 with respect to the appointment of persons to statutory positions at coal mines – often referred to as ‘safety critical roles’. The ChangesThe amendments recently passed by Parliament in the Coal Mining Safety and …
Ben Turnbull
Emma Brown
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 co-ownership and common-user infrastructure can kickstart Australia’s new economy minerals boom
Introduction The Australian Government’s Critical Minerals Strategy 2022 lists 26 minerals as priority areas for development and investment in Australia. These minerals are not new discoveries, but their application to new technologies presents a significant economic opportunity for Australia: they represent a transitional sector which will reduce carbon emissions, and are a major national security …
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 …
Melissa Simpson
Independent Planning Commission sets new greenhouse gas performance measures in approval for Narrabri Mine extension
On 1 April 2022, the NSW Independent Planning Commission (Commission) granted approval for the Narrabri Underground Mine Stage 3 Extension Project (Extension Project). The development consent granted in respect of the Extension Project incorporates a number of unprecedented conditions targeted at the minimisation of greenhouse gas emissions (GHGE). For proponents, these conditions and the reasons …
The verdict is in, the climate change duty is out: Full Court overturns Sharma
On 27 May 2021, in the ground-breaking decision of Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment [2021] FCA 560 (Sharma), the Federal Court of Australia determined that the Federal Minister for the Environment had a duty to avoid causing personal injury or death to children in Australia as …
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Vedanta Resources
David Saunders
Brooke Holdsworth
Jessica Bland
Protection under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) extends beyond Mount Panorama – What you need to know
In May 2021, the Commonwealth Minister for Environment (Minister) declared the Wahlua-Mount Panorama Site in Bathurst to be a significant Aboriginal area under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (Act). This declaration prohibited Bathurst Regional Council’s proposed development of a go-kart track just days before construction works were set to …
FIRB maintains strong focus on critical minerals
Recent FIRB reforms have confirmed what the market already knew – that the Australian government considers secure access to critical minerals an issue of national interest and national security concern. Over the last few years, media reports and government announcements have consistently referred to the importance of critical minerals and their role in the technological …
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Mine site adoption of renewable initiatives
The global focus on renewable energy projects has continued to gain momentum over the last 12 months and so, too, has the uptake of renewable energy initiatives by the mining sector. The investment landscape is changing The case for mining companies to invest in renewable energy remains compelling. Governments around the world are enacting legislation …
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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 …
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James Arklay
New Century Resources
NQ Minerals PLC
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 …