Natural Resources and Energy Law Update October 2008
Treasury modelling suggests CCS development vital - 30 October 2008
The Government today launched its Australia's Low Pollution Future Report which presents the Treasury’s long awaited modelling on the costs and opportunities of climate change mitigation. The modelling suggests that Australia’s mitigation costs will be significantly reduced if carbon capture and storage (CCS) technology is commercially developed in Australia. The international trading of permits will also help to minimise Australia’s mitigation costs.
Australia’s National Innovation Report- Key Points for Corporate Counsel - 11 September 2008
On 9 September 2008, the Federal Government released a major report on Australia’s National Innovation System. The Report was prepared by a panel chaired by Dr Terry Cutler, which included respected economists and research industry experts. This Alert identifies the specific key recommendations and issues raised by the Report which would have a legal impact on major corporations.
Greenhouse Gas Storage Bill - House of Representatives Report released - 15 August 2008
The House of Representatives Standing Committee on Primary Industries and Resources released its Final Report on the Offshore Petroleum (Greenhouse Gas Storage) Amendment Bill exposure draft (the CCS Bill). The Committee made significant recommendations in several areas, particularly in relation to the interaction between CCS and petroleum titles, and the long term liability of CCS operators.
Government releases green paper on carbon trading - 16 July 2008
The Australian Government today released its much-anticipated policy paper on carbon trading, reiterating its earlier election policy to establish a broad-based “cap and trade” emissions trading scheme by 2010. Framed as a green paper (or options paper), today’s report canvasses a number of policy options, as well as flagging the Government’s preferred policy.
Energy efficiency reforms introduced in Queensland - 21 May 2008
The Clean Energy Act 2008 (Qld) was introduced into the Queensland Parliament on 29 April 2008 and passed on 14 May 2008. The primary purpose of the Act is to introduce the Smart Energy Savings Program and to amend the Electricity Act 1994 to increase the 13% Gas Scheme annual liability for electricity retailers to 15% by 2010 and progressively to 18% beyond 2010.
Greenhouse Gas Storage Bill released - 20 May 2008
After much anticipation, the long awaited exposure draft of the Offshore Petroleum (Greenhouse Gas Storage) Amendment Bill has been released for public comment. The bill is a significant step at the Federal level to set up a regulatory regime to facilitate carbon capture and storage (CCS), a major potential abatement measure to reduce the emissions of greenhouse gases.
Mandatory carbon reporting - are you ready? - 13 May 2008
A large number of Australian businesses will, for the first time, be required to monitor and report their energy use and greenhouse gas emissions under new Commonwealth legislation to take effect on 1 July 2008.
Harmonisation of Greenhouse Reporting Schemes - 7 May 2008
The Commonwealth has committed to removing regulatory overlap between the various greenhouse gas and energy use reporting schemes in place throughout Australia, from 1 July 2008. These proposed changes provide opportunities for you to streamline reporting and compliance systems.
Victorian Energy Efficiency Target set to launch in 2009 - 8 February 2008
Victorian energy consumers will be incentivised to reduce consumption under a new Victorian scheme.
Too green to be true? The ACCC's investigation into carbon neutral claims – 5 February 2008
On 16 January 2008, the ACCC released an Issues paper entitled “The Trade Practices Act and carbon offset claims.”
National Greenhouse and Energy Reporting System Discussion Paper - Update - 1 February 2008
In a move with possible long-term ramifications for a national emissions trading scheme, greenhouse gas emitters could be forced to choose a carbon measurement methodology next year, according to a recent Government consultation paper.
Geothermal Energy now regulated by WA Petroleum Act - 23 January 2007
The Petroleum Amendment Act 2007 (WA) amends the Petroleum Act 1967 (WA) (Petroleum Act) to provide for the exploration and recovery of geothermal energy in Western Australia.
Legislation to be passed to validate Mine Expansion following challenge by Queensland Conservation Council - 19 October 2007
The Queensland Government has introduced to Parliament urgent amendments to the Mining and Other Legislation Amendment Bill, which will guarantee Xstrata’s Wollombi coal mining operations in central Queensland.
Emissions trading: Early abatement incentives, how do they work?- 19 October 2007
The Climate Change Group of the Department of Prime Minister and Cabinet last week announced a series of public consultations in relation to its discussion paper on early abatement incentives.
Proposed transmission and generation cross ownership rules - 18 October 2007
The Ministerial Council on Energy released a Regulatory Impact Statement on 16 October 2007 with specific recommendations to maintain separation between generation and transmission activities.
Natural Resources and Energy Law Update October 2007
The Australian Emissions Trading Scheme took an important step from concept to reality with the recent introduction of new mandatory national greenhouse gas emissions reporting.
Minister's decision upheld - no Commonwealth environmental approval required for Anvil Hill Project - 4 October 2007
On 20 September 2007, the Federal Court of Australia dismissed an application for judicial review of a decision made by the Minister for the Environment and Water Resources under the Environment Protection and Biodiversity Conservation Act 1999.
National Greenhouse and Energy Reporting Bill 2007 introduced - 24 August 2007
The Australian Emissions Trading Scheme took an important step from concept to reality with the recent introduction of new mandatory national greenhouse gas emissions reporting.
Federal Government announces emissions trading scheme - 17 July 2007
The Australian Government today announced Australia’s Climate Change Policy. An Australian emissions trading scheme (ETS) to commence no later than 2012 will be the primary method of achieving the long term emissions reduction goal.
Renewable Energy (NSW) Bill 2007 - 2 July 2007
The Renewable Energy (NSW) Bill 2007 was introduced into the NSW Parliament on 27 June 2007. This is an advanced draft version of legislation to impose a renewable energy target on NSW electricity supplies.
Queensland Government’s climate change strategy 2007 - 7 June 2007
Queensland is one of the highest emitters of greenhouse gases in the world. In looking to address this, the biggest challenge for the Queensland Government is to balance a reduction in greenhouse gas emissions with the protection of the significant resources base underpinning Queensland’s economy.
Federal Task Group recommends long term emissions trading scheme - 1 June 2007
The report of the joint government-business Task Group on Emissions Trading was released today. As anticipated, the Task Group found that Australia should implement an emissions trading scheme (ETS), ahead of a global scheme.
New development in Australia's uranium policy - 3 May 2007
The federal government and the federal Labor party separately announced new uranium policies on 28 April 2007.
Energy Efficiency Opportunities Act 2006 (Cth) - Moving forward after registration - 23 April 2007
Our Alert of 22 March 2007 highlighted the need for corporate groups that used more than 0.5 petajoules (PJ) of energy in 2005-2006 to register under the Energy Efficiency Opportunities Act 2006 (Cth) by 31 March 2007. By now you will hopefully have assessed whether your corporate group was required to register.
Energy Efficiency Opportunities Act 2006 (Cth) Deadline 31 March 2007 - 22 March 2007
On 7 December 2006, the Australian Parliament passed the Tax Laws Amendment (2006 Measures No. 4) Bill 2006. Following the introduction of the Energy Efficiency Opportunities Act 2006 (Cth), corporate groups that used more than 0.5 petajoules (PJ) of energy in 2005-2006 have to register under the Act by 31 March 2007.
Air at the end of the tunnel, emissions trading in the Pearl River Delta, China - 14 March 2007
The Hong Kong and Guangdong provincial governments have released the “Implementation Framework of the Emissions Trading pilot scheme for Thermal Power Plants in the Pearl River Delta Region”. This aims to tackle air pollution in one of the most development and industrially intensive regions in the world. Power companies operating in Guangdong Province and Hong Kong should consider whether they will participate in the scheme.
New South Wales Greenhouse Gas Abatement Scheme (GGAS) extended - 25 October 2006
Under the current regime, the NSW Greenhouse Gas Abatement Scheme will end after 31 December 2012. The Electricity Supply Amendment (Greenhouse Gas Abatement Scheme) Bill (2006) proposes to extend the operation of the scheme from 2012 to 2021 and beyond.
Natural Resources and Energy Law Update - 26 September 2006
This edition covers China's new energy strategy, pre-emptive rights and the Monto Coal case, protections for company directors against liability under the mining and petroleum safety legislation, changes to Western Australia's vegetation clearing laws, the Queensland access regime for natural gas pipeline services, the purposes for which a Miscellaneous Licence may be granted under Western Australia's Mining Act 1978, a review of transmission revenue and pricing under the National Electricity Rules, Western Australia's Contaminated Sites Act 2003, developments in the Western Australian electricity market and recent amendments to Queensland's Wild Rivers Act 2005.
Latest developments in clean energy - 5 September 2006
The Victorian and federal governments are both rolling out long-term initiatives in the renewable energy sector. Initiatives include mandatory renewable energy targets, mandatory energy efficiency planning, the proposed national code on wind farms, the national water initiative, the proposed national emissions trading scheme and the Fuel Tax Act 2006 (Cth).
More energy reform - poles apart? - 19 July 2006
On 6 July 2006, the Energy Reform Implementation Group (ERIG) released an issues paper which explores further energy reform in the areas of electricity transmission, energy market structure and energy financial markets. Submissions are due by Friday, 4 August 2006.
Second wave of energy reform gathers pace - 21 February 2006
The current energy reform process reached an important milestone last week. In its first major reform proposal since its creation last year, the Australian Energy Market Commission (AEMC) has retained the fundamentals of the current system governing the regulation of transmission revenues. The announcement, made on 16 February 2006, is part of a broader “second wave” of energy reform.
Tribunal declares domestic airside services at Sydney Airport - 15 December 2005
On 9 December 2005, the Australian Competition Tribunal handed down a determination in favour of Virgin Blue , against a decision of the Parliamentary Secretary to the Treasurer not to declare domestic airside services at Sydney Airport. Following this determination, domestic airside services at Sydney Airport will be declared for five years from 9 December 2005.
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EPC contracts in the renewable energy sector - June 2004
Engineering, Procurement and Construction (EPC) contracts are the most common form of contract used to undertake construction works by the private sector on large scale and complex infrastructure projects. This paper focuses on the use of EPC contracts in the renewable energy sector on a project financed greenfield wind farm project. However, the majority of issues raised are applicable to EPC contracts used in all sectors.
EPC contracts in the power sector - April 2004
Engineering, Procurement and Construction ("EPC") contracts are the most common form of contract used to undertake construction works by the private sector on large scale and complex infrastructure projects. This paper focuses on the use of EPC contracts in the power sector on a project financed greenfield power project. However, the majority of issues raised are applicable to EPC contracts used in all sectors.