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New Legislation Shaping Australia's Emissions Reduction Policy

In Short - The Situation: Significant climate law reforms came into force in Australia on 15 September 2022, with the commencement of the Climate Change Act 2022 (Cth) ("Climate Change Act") and the Climate Change...more

Australia's Hydrogen Guarantee of Origin Scheme Enters Trial Phase

Introduction - The development of a clean hydrogen industry is an important element of Australia's emissions reduction plan, and the Australian government has said it will invest AU $1.4 billion to build the industry. The...more

Evolving Carbon Markets: Australian Carbon Credit Units

In late 2021, the Australian Federal Government released its long term plan to deliver net zero emissions by 2050. This plan relies in part on workings of the Emissions Reduction Fund, which is a voluntary scheme aimed at...more

Australia Introduces the Offshore Electricity Infrastructure Bill 2021

The Background  - Despite plentiful natural resources and a healthy domestic demand for energy, Australia's offshore renewable energy sector has lagged behind comparable jurisdictions. While the offshore wind sector is...more

Australian Court Rules on Admissions in Civil Proceedings Being Used in Criminal Proceedings

NSW Court of Criminal Appeal rules that any admissions made in civil proceedings can be used in future criminal proceedings. In Turnbull v Office of Environment and Heritage [2021] NSWCCA 190, the NSW Court of Criminal...more

The Future of Gas in NSW

The New South Wales Government recently announced that the land available for gas exploration will be significantly reduced. The Future of Gas Statement published by the New South Wales ("NSW") Government outlines plans...more

Supreme Court of New South Wales Rules on Mineral Sales Royalties Default

Default in paying monthly mineral sales royalties leads to an obligation to pay up front the present value of future royalties. A decision (Thalanga Copper Mines Pty Ltd v Cromarty Resources Pty Ltd [2021] NSWSC 640 (4 June...more

Australian Government Foreshadows Significant Reform to Australia's Offshore Oil & Gas Regulation

The Australian government has announced proposed reforms to Australia's offshore oil & gas regulation, which are aimed at achieving appropriate stewardship of assets by increasing government scrutiny over oil & gas...more

Australian Energy Regulator Enforces $1.3M Pecuniary Penalty for Breach of Reporting Obligations

Energy retailers have a fresh impetus to abide by reporting obligations imposed by the Australian Energy Regulator ("AER") after the judgment in Australian Energy Regulator v AGL Sales Pty Limited [2020] FCA 1623. The court...more

Towards a Global Renewable Hydrogen Market – Australia and Europe Join Forces

Two key actors in renewable energy, Australia and Germany, agree to a joint feasibility study to collaborate on the production of renewable hydrogen, in a further step towards achieving a global hydrogen market. On...more

A Comprehensive Roadmap for Australia's Complex Energy Transition - Part of the Jones Day Carbon Disruption series.

The Situation: On 30 July 2020, the Australian Energy Market Operator ("AEMO") published the 2020 Integrated System Plan ("ISP") for the Australian National Electricity Market. The Context: The plan is a comprehensive,...more

A Step Closer to a Certification Regime for Clean Hydrogen - Part of the Jones Day Carbon Disruption series.

The Situation: On 22 June 2020, the Australian Department of Industry, Science, Energy and Resources closed consultation on its proposed international certification scheme to classify hydrogen produced in Australia according...more

Review of Recent Mining Cases in Australia

In this White Paper, we examine three recently decided Australian cases that separately provide guidance on topics of interest to the mining sector. In the first, the court refused planning approval for a new open cut coal...more

Antitrust Alert: ACCC Highlights C&I Users' Need For More Affordable Electricity and Gas

In a speech to the Energy Users Association of Australia ("EUAA"), the Australian Competition & Consumer Commission ("ACCC") Chairman said that the energy market is not working effectively for commercial and industrial users...more

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