On 20 August 2020, the Environmental Protection and Other Legislation Amendment Act 2020 (Qld) (EPOLA 2020) received assent and commenced as law. The two key aspects of EPOLA 2020 are: (a) providing for the appointment of a Rehabilitation Commissioner with specific functions in relation to mine rehabilitation; and (b) expanding the residual risk framework applicable …
Continue reading “New kid on the block â EPOLA introduces key changes to the resources sector”
In this edition of our FIRB Reforms Article Series we consider how the Commonwealth Governmentâs proposed changes to the foreign investment rules, as set out in the discussion paper released on 5 June 2020 (Discussion Paper) and the draft legislative amendments released on 31 July 2020 impacts Australiaâs foreign investment framework in respect of the …
Continue reading “FIRB Reforms Article Series â Part 5: Mining and resources”
In a significant decision, the High Court of Australia has clarified the method of calculating an employeeâs entitlement to paid personal/ carerâs 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 …
This article gives an overview of the water regulatory regime for resource projects in Queensland, by exploring the following questions: Do you need an authority to take or interfere with water for your project? What is an âAssociated Water Licenceâ and do you need one? How do you comply with water monitoring obligations off-tenure? When …
Continue reading “The modern minefield â water approvals for mining projects”
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 …
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On 20 May 2020, the Mineral and Energy Resources and Other Legislation Amendment Act 2020 (Qld) (the MEROLA) passed in Queensland Parliament. The changes introduced by the MEROLA have staggered start dates, with the first provisions already in effect from 1 July 2020. This article explores some of the most significant changes included in the …
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 …
Continue reading “Foreign Ownership of Water Entitlements annual registration requirements”
In Queensland, the Minister for Natural Resources, Mines and Energy (Minister) has the power to cancel various types of tenements including a mining lease (ML). However, the decision to cancel an ML is one the Minister does not take lightly. This article explores the important consequences that can result from the cancellation of an ML, …
Announcement of implementation of volume-based model On Monday 8 June 2020, the Queensland Government announced a new petroleum royalty regime which provides greater certainty in relation to the royalty payable by petroleum producers. How did we get here? This announcement comes after a review of the royalty regime was initiated in November 2019 and from …
Continue reading “Brave new world of Queensland Petroleum Royalties”
On 11 June 2020 Judge Rafter SC fined Brisbane Auto Recycling $3 million after it had pleaded guilty to the offence of industrial manslaughter under Queenslandâs Work Health and Safety Act. Significantly, this is the first conviction for industrial manslaughter in Queensland since the introduction of the offence in October 2017. Judge Rafter also sentenced the …
About this insight article This is the first of McCullough Robertsonâs six part series on understanding water regulation, which will focus on the complex water regimes across Queensland (QLD) and New South Wales (NSW). Look out for further insight articles on: water regulations specific to the resources sector; regional water modelling and cumulative impacts; water …
On 19 March 2020, Water NSW secured a conviction against two NSW irrigators (Defendants) for breaching water take conditions. The case provides some important guidance on the evidence required to secure a criminal conviction, and how the Courts deal with technical and scientific uncertainty. Background The Defendants owned and operated a cotton farm and jointly …
Continue reading “Conviction for water take offences â Water NSW v Harris”
2020 has brought mixed outcomes to Australiaâs resources and energy sectors. Sadly to date, there have not been many winners. However, the emerging hydrogen industry appears to have bucked that trend with a number of key funding developments having been announced in recent weeks revealing the Commonwealth Governmentâs determination to see this industry developed. How …
Continue reading “The hydrogen sector in Australia â the cart or the horse; which one goes first?”
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, …
Continue reading “Casual approach causes major headache: WorkPac v Rossato”
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/carerâs 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 …
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In October 2017, the Work Health and Safety and Other Legislation Amendment Act 2017 (Qld) (WHS Amendment Act) introduced industrial manslaughter offences in Queensland. The introduction of the offences was in response to the recommendations of the Best Practice Review of Work Health and Safety in Queensland. The Review followed the separate multiple fatalities at …
[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 …
Continue reading “JobKeeper payments: wage relief and support for businesses”
Introduction While Australia faces its energy challenges, there are also proving to be many opportunities emerging for existing industries as a result of technological advancements and the falling costs of renewable energy projects. One such opportunity which has emerged for the mining industry specifically is the potential to utilise former and abandoned mine sites for …
WHO SHOULD READ THIS Resources industry stakeholders in coal and metalliferous mining, quarrying, petroleum and gas and those who deal with explosives in the Queensland resources industry. WHAT YOU NEED TO KNOW In February 2020, Queensland Mines Minister introduced a Bill to create industrial manslaughter offences for the Queensland resources industry. WHAT YOU NEED TO …
Continue reading “Industrial Manslaughter to be introduced for Queensland Resources Sector”
Australian Domestic Gas Security Mechanism to be retained until 2023, but changes recommended The Australian Domestic Gas Security Mechanism (ADGSM) was established in 2017 as a temporary measure to ensure the sufficient supply of natural gas to meet forecast needs. This mechanism allows the Federal Energy Minister to implement export restrictions if there are forecast …
Overview As mentioned in our insight article published last week, the PRCP regime commenced on Friday, 1 November, although the Department of Environment and Scienceâs (DES) PRCP Guideline had yet to be published. After much anticipation, the guideline was released on Monday, 4 November. As expected, it sheds light on a number of statutory information requirements …
Continue reading “PRCP Guideline released to assist rollout of new rehabilitation regime”
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 registerable water entitlements or contractual water rights are required to notify the ATO about any changes to these interests by the end of July. WHAT YOU NEED TO DO …
We are pleased to bring you the 2019 edition of Emerging Issues for the Australian Resources and Renewable Energy Industry. For further information or for any queries, please contact our below team.
[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 â think the Hindenburg airship disaster in 1937 and hydrogen bomb testing in the 1950s. Now hydrogen is being viewed in …
Continue reading “Australia’s Hydrogen Economy – Hype or Hope?”
The era of electric vehicles (EVs) and other battery-powered technology has also ushered in the age of ânew energy mineralsâ. The International Energy Agencyâs 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-inâthree cars). This …
Continue reading “Expanding opportunities for âNew Energy Mineralsâ in Australia”
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 …
Continue reading “Foreign ownership of water entitlements annual registration requirements”
