Australian carbon trading documentation launched - 10 September 2009
The Australian Financial Markets Association (AFMA) has launched its recommended form of Australian documents for domestic and international carbon trading. These documents (which are based on well-known international standards) are aimed at facilitating the growth of the carbon trading market in Australia. We look at answering ten key questions market participants may ask.
First mining decision from the Land and Environment Court - 2 September 2009
As flagged in our alert last month, proceedings under the Mining Act are now being heard by the Land and Environment Court. The Court has now published the first judgment in its new mining jurisdiction.
Climate change principles to be entrenched in planning and development for SEQ - 19 August 2009
The Queensland Government recently released for public comment its draft South East Queensland Climate Change Management Plan (draft Plan). The draft Plan proposes a number of “actions” to implement the climate change policies identified in the recently updated South East Queensland Regional Plan 2009-2031.
Access arrangements under the Mining Act: the Caroona Project experience - 13 August 2009
The Mining Warden recently reviewed an access arrangement determined by an arbitrator and allowed exploration activities by Coal Mines Australia Pty Ltd (CMAL) to proceed in the Caroona region of NSW. We investigate the significance of this decision for exploration licence holders seeking access arrangements with landholders pursuant to section 142 of the Mining Act 1992 (NSW).
Mandatory greenhouse reporting - are you NGER ready? - 27 July 2009
With the registratoin deadline for Australia’s mandatory greenhouse reporting scheme only six weeks away, liable corporations are now at the business end of greenhouse reporting. This alert provides a compliance checklist covering the main areas of National Greenhoues and Energy Reporting (NGER).
The low carbon crunch: momentum gathers towards Copenhagen - 29 May 2009
This year is critical for climate change policy and law. Proposals put forward by developed and developing countries foreshadow some far reaching changes in policy and law that will impact trade and investment globally. In this article, we consider the latest negotiation texts published by the United Nations and the China position paper on climate change negotiations.
Contaminated land: draft Guidelines on the duty to notify the NSW EPA - 16 April 2009
Draft Guidelines have been released on the “duty to notify” the Environment Protection Authority (EPA) of contaminated land. The Guidelines build on significant amendments to the duty to notify, in section 60 of the Contaminated Land Management Act 1997, which were passed by the NSW Parliament in December 2008.
Australian Government releases draft emissions trading legislation - 11 March 2009
Hot on the heels of its controversial policy paper, the Australian Government yesterday released the draft legislation for its proposed emissions trading scheme. The Carbon Pollution Reduction Scheme Bill, along with five other draft bills, will establish the Carbon Pollution Reduction Scheme.
Australia commits to 5% greenhouse emissions cut - 15 December 2008
The Australian Government today committed to reducing greenhouse gas emissions by at least 5% from 2000 levels by 2020, with an offer to increase the cut to 15% if a global agreement on carbon reductions can be reached.
Commonwealth and Victorian Greenhouse Gas Storage Acts passed - 13 November 2008
Australia took a significant step towards enabling large-scale commercial carbon capture and storage (CCS) in the last two weeks, with separate legislation establishing regimes for greenhouse gas storage in the Commonwealth offshore jurisdiction and Victorian onshore jurisdiction passed in the Commonwealth and Victorian parliaments respectively.
Post-2012 Carbon World: EU reforms and developments in aviation and shipping- 11 November 2008
At a time in which global debate rages over the post-2012 carbon framework, the European Union (EU) is undertaking a number of reforms to strengthen and expand their commitment to address EU greenhouse gas emissions, including expanding the EU emissions trading scheme (ETS).
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.
Reduce carbon by 10% by 2020: Garnaut - 5 September 2008
Prof Ross Garnaut, the Australian Government’s emissions trading adviser, recommends Australia commit to reducing greenhouse gas emissions to 90% of 2000 levels by 2020. Launching his “Targets and Trajectories” report today, Prof Ross Garnaut advocated a unilateral commitment to reducing emissions by 5% regardless of international negotiations and by 10% if a comprehensive international agreement can be reached on emissions reductions.
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.
Climate change impacts and planning controls - 8 August 2008
The risks of climate change impacts and sea level rise have led to the refusal of planning approval by the Victorian Civil and Administrative Tribunal for a 6 lot residential coastal development. This decision adds a new dimension to planning assessments for proposed coastal developments, and carries both practical and legal significance.
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.
Full steam ahead - Garnaut’s emissions trading plan - 4 July 2008
Professor Garnaut today launched his much-anticipated Draft Report, reaffirming his view that an Australian emissions trading scheme (ETS) should have broad coverage and that there should be no compensation for industries such as the power sector.
Crucial greenhouse reporting instruments released - 30 June 2008
Last Friday the Federal Government completed a release of three legislative instruments to streamline reporting under the National Greenhouse and Energy Reporting (NGER) Act as well as providing Regulations and a monitoring methodology instrument, known as a “Determination”, to allow corporations to consolidate their reporting obligations.
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.
Professor Garnaut releases ETS design proposal - 20 March 2008
Professor Garnaut today released his much anticipated ETS discussion paper, which sets out a design that broadly follows previous NETTs and the Prime Minister’s Task Group proposals with the following departures and new features.
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.
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.
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.
Emissions Trading - FAQ - 28 May 2007
The emissions trading debate reaches a pivotal moment soon, with the federal government task group due to submit its much anticipated report on 31 May.
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.
Queensland Land and Resources Tribunal rejects greenhouse objections and approves mine expansion - 20 February 2007
Following the decision in Gray v Minister for Planning and Ors the Queensland Land and Resources Tribunal has recommended expansion of a coal mine in central Queensland be approved without conditions requiring the offsetting of greenhouse emissions.
A round up of the United Nations Climate Change Conference - 27 November 2006
Agreement was notably absent from the 12th Conference of the Parties to the United Nations Framework Convention on Climate Change and the 2nd Meeting of the Parties of the Kyoto Protocol (COP12) held in Nairobi from 6 - 17th November 2006. Why was there such a lack of consensus? How effective are those measures that were agreed likely to be in addressing weaknesses in the Kyoto Protocol?
Climate change and clean energy update - November 2006
Welcome to our new publication. As you will see our renewable energy team and its regular publication have been renamed. Our climate change and clean energy focus is now reflected. This represents our existing and growing expertise in low emission technologies, emission trading and carbon finance and geosequestration. In this update, we look at the UK's Stern Review examining how recent developments and existing regulations in Australia measure up to the Review’s recommendations. We also consider how to deal with carbon capture and storage under the Clean Development Mechanism - one of the key issues being discussed at the UN's Climate Change conference.
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.
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. This review explains the effect of several key initiatives on larger consumers, buyers, generators and sponsors of energy projects in Victoria.
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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.
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