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Access to information in joint ventures: the dangers of being kept in the dark - Apr 2017

Anne Freeman, Partner presented at the 2016 Australian Petroleum Production and Exploration (APPEA) Conference on access to information issues in the context of joint ventures. A summary of the paper is below. If you would like to receive a full copy, please email:

Bill introduced in Federal Parliament to address recent Federal Court decision on ILUAs - Feb 2017

On 15 February 2017, the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 was introduced into Federal Parliament in order to reverse the effect of the recent decision of the Full Federal Court of Australia in McGlade v Native Title Registrar [2017] FCAFC 10 regarding who must be a party to an Indigenous Land Use Agreement (ILUA) under the Native Title Act 1993.  The Bill’s introduction followed a moratorium implemented by the National Native Title Tribunal on the registration of ILUAs which may have been affected by the McGlade decision. 

The decision and resulting Bill are of particular relevance to the energy and resources sector where ILUAs are routinely made to ensure the grant of tenements and other interests are valid for native title purposes.  Ashley Watson, Partner and Kelly Scott, Senior Associate, provide an overview of the decision and the proposed amendments to the Act and discuss their implications for native title agreements.


Extending the reach of environmental protection in QLD - What the ‘Chain of Responsibility’ means for your project - Jun 2016

The recent introduction of the Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Qld) (the Chain of Responsibility Act) in Queensland has widened the potential liability for environmental harm and substantially increased the powers of the Department of Environment and Heritage Protection (DEHP) to issue environmental protection orders (EPO) and require and/ or reassess financial assurance provided pursuant to the Environmental Protection Act 1994 (Qld) (Environmental Protection Act). Senior Associate, Josh Steele and Associate, Rachel Austin explore further.

Metgasco’s success against NSW Minister for Resources and Energy: ensuring those in power act within power - Apr 2015

Last week’s decision of Justice Button of the NSW Supreme Court, which quashed two decisions made by the Minister’s delegate relating to the suspension of operations by Metgasco under its Petroleum Exploration Licence (PEL), and which may set up a claim by Metgasco for compensation, serves as a lesson to holders of licences to carefully scrutinise actions taken in relation to them by the Minister or his representatives to ensure that rights are not interfered with invalidly. Partner, Anne Freeman, looks at the decision.

Continuous disclosure and Newcrest Mining - Mar 2015

ASX is reviewing Guidance Note 8 on Continuous Disclosure, prompted by confusion over “earnings surprises” and disclosure obligations. A consultation paper was released on 6 March 2015 and the ASX has called for feedback by 24 April 2015. The ASX is expecting that it will have the updated guidance note in place by 1 July 2015. Partner, David Cornwell and Law Clerk, Stephaine Skevington review the proposed update.

Resources Update - Mar 2015

Welcome to the latest edition of Resources Update, Piper Alderman's publication designed to keep you up to date with legal developments that affect the Energy and Resources sectors in Australia.

In the March 2015 edition:

  • NSW mining projects - recent legislation
  • South Australian Nuclear Royal Commission
  • In conversation with John Cotter, Chairman of the Gasfields Commission Queensland
  • and more!

Resources Update - Dec 2014

Welcome to the latest edition of Resources Update, Piper Alderman's publication designed to keep you up to date with legal developments that affect the Energy & Resources sectors in Australia.

In the December 2014 edition:

  • Update on amendments to Queensland's financial assurance system
  • JORC Code 2012 Updates commenced 1 December 2014
  • NSW Coal Seam Gas industry - major new developments proposed
  • Amendments to Emissions Reduction Fund
  • and more!

NSW Coal Seam Gas Industry - Major new developments proposed - Nov 2014

On 13 November 2014, the Baird Government announced a new regime for the regulation of Coal Seam Gas exploration in New South Wales. The new NSW ‘Gas Plan’ will be introduced into Parliament later this month. It will reset the areas available for Coal Seam Gas exploration in New South Wales and provide for a detailed compensation regime for farmers and other community groups adversely affected by Coal Seam Gas operations. Lawyer, Bahar Agar and Law Clerk, Christopher Davies provide an overview of the proposed regime.

Resources Update - APPEA Edition - Apr 2014

Welcome to the special APPEA edition of Resources Update, Piper Alderman's publication designed to keep you up to date with legal developments that affect members of the Energy and Resources sector in Australia.

In the April 2014 edition:

  • A national interest test for LNG exports?
  • Foreign Investment Review Board increasing focus on tax consequences
  • Corporate Social Responsibility and resources projects in Australia
  • Emissions Reduction Fund
  • Unconventional gas in Australia: the battle for hearts and minds

Holding back the tide: ACCC’s MacGen determination - Mar 2014

The ACCC has announced it will oppose AGL’s proposed acquisition of MacGen’s electricity generation assets due to perceived likely anti-competitive effects in the NSW retail electricity market. The final determination is not yet available, however, the decision follows the line of argument raised in the ACCC’s issues paper released on 6 February 2014.  Partner, George Raitt discusses the issues raised.

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