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  1. 5 Sep 17 Queensland Act affecting FIFO operations passed The Strong and Sustainable Resource Communities Act 2016 (Qld) was assented to on 31 August 2017. This Act includes prohibitions affecting Queensland resources projects that utilise 100 per cent fly-in, fly-out (FIFO) workers, anti-discrimination provisions aimed at protecting workers in regional communities, and strong powers for the Coordinator-General to administer the Act and ensure compliance.
  2. 31 Jul 17 Some progress on implementing Finkel Blueprint but gas supply roadblocks remain The final report of the independent review into the future security of the National Electricity Market led by Dr Alan Finkel AO – the Blueprint for the Future – was released on 9 June 2017. Here's what you need to know.
  3. 12 Jul 17 Australia: coal and wind interests power ISDS threats Most arbitration practitioners have heard of the investor-state arbitration claim brought by Philip Morris Asia Limited against the Commonwealth of Australia, which was dismissed on jurisdictional grounds in December 2015. In the meantime, other parties have been making noise about bringing investor-state claims against Australia. This article considers two of these threatened actions.
  4. 11 Jul 17 Can renewable energy be a miner's friend? The Australian Renewable Energy Agency recently released its investment plan and ‘investment priorities’ for the next year which importantly will underpin part of the merit assessment for its funding programs.
  5. 10 Jul 17 New FIRB laws show further support for renewables projects Recent amendments to the Foreign Acquisition and Takeovers Regulation 2015 (Cth), which came into effect on 1 July, provide greater flexibility to foreign investment in renewables projects in Australia - another strong show of support for this rapidly developing industry.
  6. 6 Jul 17 Expert insights: M&A trends in Australian mining industry The Australian mining and metals industry is currently producing at record levels and many miners are making record profits as a result of high commodity prices and a weaker Australian dollar. In this article, Partners Kristen Podagiel and Peter Williams look at the M&A trends in Australian mining industry.
  7. 12 Jun 17 Blueprint for future energy security and transition to cleaner energy mix The Panel which conducted the independent review into the future security of the National Electricity Market has released its final report, Blueprint for the Future, also dubbed the Finkel Review, for the Panel’s chair, Australian Chief Scientist, Dr Alan Finkel AO.
  8. 6 Jun 17 Queensland Government announces next phase of its renewable energy strategy The Queensland Government has announced its commitment to the Renewable Energy Target and its proposal for improved coordination of large-scale renewable energy projects across Queensland and between states to achieve the target.
  9. 29 May 17 Queensland Government proposes establishment of Land Access Ombudsman On 23 May 2017, the Land Access Ombudsman Bill 2017 was introduced to the Queensland Legislative Assembly. The Bill stems from concerns, recognised by the Minister for Natural Resources and Mines, on the resources industry’s land access framework and the operation of the Gasfields Commission.
  10. 29 May 17 Rail Reforms - Automation Recently we have provided a brief overview of the Rail Safety National Law (Queensland) Act 2017 (Qld) which will apply the Rail Safety National Law, as a law of Queensland as well as some of the transitional provisions of this Act. In light of advancing technologies we now look at the possible implications the Act may have on the future of rail automation.
  11. 16 May 17 PPS Lease amendments - Solving one problem but leaving another Recent changes to the Personal Property Securities Act 2009 (Cth) (PPSA) passed by the Federal Parliament on 11 May 2017 have changed the time periods for when a hire or equipment lease arrangement will be considered a PPS lease.
  12. 5 May 17 Financial assurance and mine rehabilitation framework reform Yesterday, the Queensland Government announced broad policy reform proposals in relation to financial assurance and rehabilitation for the mining and petroleum section. The regime represents an innovative approach to managing Queensland’s existing rehabilitation risk management. The risk identified by the regulator and some commentators is that rehabilitation efforts to date have fallen below expectations.
  13. 24 Apr 17 Rail Reforms - Transitional Provisions Rail Safety National Law (Queensland) Act 2017 (Qld) Recently, we provided a brief overview of the Rail Safety National Law (Queensland) Act 2017 (Qld) which, operationally, takes effect from 1 July 2017 and will apply the Rail Safety National Law, with minor modifications, as a law of Queensland. From 1 July 2017 the new Rail Safety National Law will apply in Queensland with certain transitional provisions.
  14. 11 Apr 17 Can Australia’s bilateral treaties protect inbound investors from liability under the Queensland chain of responsibility environmental laws? Foreign investors in Australia related to a company undertaking an environmentally relevant activity (such as mining) need to consider their business structure when investing in Australia to maximise potential benefits of bilateral investment treaties or free trade agreements.
  15. 7 Apr 17 Rail reforms - Rail Safety National Law (Queensland) Act 2017 (Qld) This focus alert is the first of three publications outlining recent changes to the new rail safety regime and how it will apply to rail transport operators in Queensland.
  16. 5 Apr 17 Emerging issues for the Australian resources sector A range of legislative and policy reforms were introduced over the past 12 months which may significantly impact on Australia’s resources sector during 2017. This publication also identifies a number of emerging issues where we expect to see further policy development this year.
  17. 10 Feb 17 PPSA update: appeal dismissed in Forge Group case - lessors (and buyers) beware The New South Wales Court of Appeal has dismissed an appeal by PowerRental Op Co Australia LLC and Power Rental Asset Co Two LLC against the decision of the New South Wales Supreme Court in Forge Group Power Pty Limited (in liquidation (receivers and managers appointed) v General Electric International Inc & Ors (2016) 305 FLR 101 by confirming the Personal Property Securities Act 2009 (Cth) applied to the lease of equipment in question.
  18. 21 Dec 16 Commencement of Land Access Arbitration Reforms The Mining and Petroleum Legislation Amendment (Land Access Arbitration) Act 2015 (Land Access Arbitration Act) commenced on 1 December 2016, together with associated amendments to the Mining Regulations 2016 (NSW), and is the final component of the NSW Government’s resources regulation reform package introduced during the past 12 months.
  19. 18 Nov 16 McR update: Chain of Responsibility On 14 November 2016, the Department of Environment and Heritage Protection released a draft statutory guideline regarding implementation of the Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Qld). The draft guideline is available for public comment until 5pm, 25 November 2016.
  20. 28 Sep 16 Resource companies note the remaining MERCPA provisions commence The remaining provisions of the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) commenced on 27 September 2016. Overlapping coal and CSG tenure holders should be aware that if the new overlapping tenures framework under Chapter 4 of MERCPA applies to them, there are certain post-commencement obligations they may need to comply with within a relatively short timeframe.
  21. 27 Sep 16 Protect your investment - important advice for inbound and outbound investors Even in relatively sophisticated investment destinations, investors are subject to the risk of government action such as legislative and other regulatory changes that diminish the value of an investment. These risks can be protected against by intelligent structuring of an investment so as to gain the protection of a bilateral investment treaty.
  22. 21 Sep 16 Energy and Resources M&A Transaction Guide - General inhibitors for M&A transactions involving joint venture arrangements We look at restrictions on an M&A transaction caused by conditions requiring reasonable consent, good faith and confidentiality obligations, duties to act in best interests and other unassuming clauses often found in joint venture agreements for the mining and resources sector.
  23. 12 Sep 16 Energy and Resources M&A Transaction Guide - What's hot in M&A deal structuring for energy and resources transactions We look at some of the most significant structuring issues affecting the resources sector, how these could potentially affect an M&A deal and what you can do so that there are ‘no surprises’.
  24. 24 Aug 16 Energy and Resources M&A Transaction Guide - Managing potential deal killers - liabilities, risks and the impact of the chain of responsibility We look at ways that liabilities and risks can be appropriately managed and allocated between parties and through the appropriate structuring of an M&A transaction involving natural resources.
  25. 22 Aug 16 Characterisation of prospecting activities in NSW The recent decision in the case of People for the Plains Incorporated v Santos NSW (Eastern) Pty Limited and Ors [2016] NSWLEC 93 clarifies the scope of activities that can be characterised as ‘prospecting’ and carried out under a petroleum exploration licence or assessment lease, and without development consent.
  26. 11 Aug 16 Energy and Resources M&A Transaction Guide - Orderly chaos - how to rank secured parties and avoid creditor restrictions We look at how transactional security interests interact and how they should be managed as a part of an M&A transaction as well as how to avoid the surprise of acquiring an asset that is the subject of a security interest for which you will be liable.
  27. 28 Jul 16 Energy and Resources M&A Transaction Guide - Bridging the price expectation gap with effective royalty arrangements A discussion of the key commercial, legal and taxation factors to consider when utilising a private contractual royalty as purchase price consideration from the perspectives of both the seller and the buyer.
  28. 15 Jul 16 Energy and Resources M&A Transaction Guide - Pre-emptive pitfalls M&A transactions in the resources industry are often inhibited by the pre-emptive rights of participants in joint venture agreements. In this article we set out 10 tips and traps on drafting, negotiating and navigating pre-emptive rights in respect of a proposed disposal of a participant’s interest in a joint venture.
  29. 7 Jun 16 Digging Deeper into Resources Legislation and Policy In this article, we highlight the legislative and policy developments of the past 12 months which will significantly affect the Australian resources industry going forward, with a specific focus on the resource rich states in Australia.
  30. 21 Apr 16 Key amendments to Chain of Responsibility Bill as passed by Queensland Parliament Late on 21 April 2016, the Queensland Parliament passed the Environmental Protection (Chain of Responsibility) Amendment Act 2016 (Act).
  31. 19 Apr 16 Agriculture and Environment Committee releases report on Chain of Responsibility Bill With the increasing likelihood that the Environmental Protection (Chain of Responsibility) Amendment Bill 2016 will take effect – with or without amendment – as early as this week, ‘related persons’ and anyone who may have a ‘relevant connection’ to an environmentally relevant activity will now have exposure to all environmental risk related to that activity.
  32. 16 Mar 16 New Bill to introduce major changes to costs recovery for rehabilitation On 15 March 2016, the Environmental Protection (Chain of Responsibility) Amendment Bill 2016 was introduced to Parliament. The Bill is intended to better protect the environment and the State from sites operated by companies in financial difficulty.
  33. 25 Feb 16 Foreign register of agricultural land - impact on the resources sector The Register of Foreign Ownership of Agricultural Land Act 2015 (Cth) took effect from 1 December 2015, requiring all foreign persons that hold any interest in agricultural land to register that interest with the Australian Tax Office by 29 February 2016.
  34. 7 Dec 15 Review of Commonwealth EPBC Act Water Trigger The Commonwealth Government is undertaking a review of the ‘water trigger’ in accordance with section 25 EPBC Amendment Act 2013. The public is invited to make submissions in response to the Issues Paper.
  35. 3 Dec 15 Significant reforms to resources legislation in NSW The introduction of the Resources Legislation Package has introduced five acts that will overhaul many aspects of the current mining and petroleum legislation in New South Wales.
  36. 24 Sep 15 1 October commencement confirmed - short term hires of serial numbered goods no longer security interests From 1 October 2015, new leases or bailments of serial numbered goods will generally only require registration if longer than one year (previously 90 days).
  37. 21 Sep 15 Proposed reform to Queensland's resources tenures As part of the ongoing Modernising Queensland’s Resources Acts program, the Queensland Government released its policy position paper Innovative resources tenures framework about proposed resource tenure reforms (Policy), on which it is seeking submissions by Monday, 16 October 2015.
  38. 16 Sep 15 Sharing mining infrastructure There are a number of economic benefits that come with shared use of infrastructure. Resource owners should be aware of these to determine whether this is an option for your project.
  39. 17 Jul 15 Judicial immunity in Land Court proceedings Anthony Lynham, Queensland’s Minister for State Development and Minister for Natural Resources and Mines, introduced the State Development and Public Works Organisation and Other Legislation Amendment Bill 2015 (Qld) into Parliament late on Wednesday.
  40. 15 May 15 The time is right - our guide to planning and negotiating a private M&A deal in the Resources sector With commodity prices at rock bottom and share prices depressed, cashed up companies in the energy and resources sector are in a prime position to make strategic acquisitions. McCullough Robertson has prepared a guide to planning and negotiating a private M&A deal in the Resources sector.
  41. 7 May 15 Metgasco Limited takes NSW government to court over suspension of activities under petroleum drilling licence On 14 May 2014, a delegate of the NSW Minister for Resources and Energy suspended the activities allowed under Metgasco Limited’s Petroleum Exploration License No 16 at its Rosella site near Bentley in Northern NSW. The Delegate relied on powers set out in the Petroleum (Onshore) Act 1991 (NSW).
  42. 7 May 15 Digging Deeper into Resources Legislation A range of policy reforms were introduced or proposed over the past 12 months which will significantly impact Australia’s resources sector. In this article we highlight the developments which will affect the sector, with a specific focus on the resource rich states in Australia.
  43. 17 Apr 15 High Court agrees NSW Government had the power to cancel exploration licences The High Court of Australia has dismissed an appeal by two mining companies whose exploration licences were revoked by the NSW Government without compensation on the recommendation of the Independent Commission Against Corruption.
  44. 17 Dec 14 Draft Industry Action Plan - NSW Minerals The Draft Industry Action Plan has been developed by the Minerals Industry Taskforce and proposes a number of strategies aimed at reversing the fall in mining capital expenditure in NSW and increasing the value of mineral production by 30% by 2020.
  45. 2 Dec 14 Proposed amendments to the Queensland Duties Act legislating the stamp duty exemption for exploration farm-ins New draft legislation which proposes amendments to the Queensland Duties Act 2001 was introduced on 26 November and seeks to enact an administrative arrangement designed to encourage exploration activity in Queensland.
  46. 13 Oct 14 Proposal to increase the number of projects requiring a RIDA The Queensland Deputy Premier Jeff Seeney has announced a 2.94 million hectare increase in the amount of land to be mapped as strategic cropping land. This proposal means resource companies are more likely to be required to go through an assessment and approval process under the Regional Planning Interests Act 2014 (Qld).
  47. 1 Oct 14 Proposed changes to petroleum and gas safety requirements in Queensland The Queensland Parliament has proposed draft amendments to the Petroleum and Gas (Production and Safety) Act 2004, designed to fit into the new framework for overlapping mining lease safety requirements. Additional proposed changes may significantly affect current arrangements for managing work health and safety requirements as part of petroleum and gas operations.
  48. 1 Oct 14 Queensland's coal and coal seam gas resources In 2012, the Queensland Resources Council facilitated the preparation of a joint industry ‘White Paper’, presenting a range of proposed reforms to overlapping coal and coal seam gas tenements. Many aspects of the White Paper proposals now form part of the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld).
  49. 10 Sep 14 Mineral and Energy Resources (Common Provisions) Bill 2014 (Qld) The Mineral and Energy Resources (Common Provisions) Bill 2014 (Qld) passed the Queensland Parliament on 9 September 2014. The Bill is the first step in the Modernising Queensland Resources Acts Program, which is likely to take three to four years to complete.
  50. 20 Aug 14 Fuel for thought: the changing marketplace of Australian fuel supply The Australian marketplace is experiencing a rapidly decreasing ability to contribute to its own fuel needs. As our refining capacity decreases, the market for importation, storage and distribution of refined crude oil products will continue to expand.
  51. 17 Jul 14 Exploration incentive update - operational details released The Federal Government has released an operational details paper on the exploration development incentive to provide assistance and certainty to small mineral exploration companies and their investors. Given the start date of 1 July 2014 for the incentive, the release of the paper is timely.
  52. 5 Jun 14 Bilateral agreements under the EPBC Act More efficient environmental assessments and approvals processes are on the way with proposed changes to the EPBC Act and the proposed introduction of new draft approvals bilateral agreements for NSW and Qld.
  53. 29 May 14 Mining titles in NSW will only be granted to a fit and proper person The NSW Government has introduced legislation replacing the ‘public interest’ test with a ‘fit and proper person’ test, to be applied by decision makers when determining whether to grant, renew or transfer an authority under the Mining Act 1992.
  54. 17 Mar 14 Explorers could strike it rich with tax breaks Following on from the Coalition’s 2013 pre-election pledge to implement a tax credit scheme for mining exploration companies, Ian Macfarlane has released a discussion paper which sets out further details of how the scheme might operate for feedback and comment from industry.
  55. 29 Oct 13 Regulatory and approvals issues affecting the NSW resources sector This alert provides an update on regulatory and approvals issues affecting the New South Wales resources sector.
  56. 22 Oct 13 No more waiting for decisions on exploration tenure The Queensland Government has announced an overhaul of the approvals process for coal and mineral exploration in the State, allowing for earlier engagement and faster approvals.
  57. 13 Sep 13 Queensland mining work health and safety harmonisation back on the agenda The harmonisation of Queensland’s mining industry work health and safety laws is firmly back on the agenda with the DNRM releasing further consultative material on 11 September 2013.
  58. 4 Sep 13 Coalition pledges to introduce tax credit scheme for mining exploration companies In a move likely to be welcomed by the mining and resources industry, the Shadow Minister for Energy and Resources, Ian Macfarlane, yesterday announced the Coalition’s commitment to introduce an Exploration Development Incentive benefiting exploration companies.
  59. 2 Aug 13 Changes to the Privacy Act Many companies operating in the resources and construction industries do not give a lot of attention to privacy and data protection law. However with significant amendments to the Privacy Act coming into effect on 12 March 2014, the changes will affect almost all industries.
  60. 2 Aug 13 Amendments to the Mining SEPP On 29 July 2013 the New South Wales Department of Planning and Infrastructure (DOPI) released proposed amendments to the State Environmental Planning Policy 2007 (Mining SEPP).
  61. 5 Jul 13 Stamp duty exemption for exploration farm-ins To encourage exploration activity, the Queensland State Government announced in the 2012/2013 Budget that an exemption from duty would be introduced for farm-in arrangements where an investor earns an interest in an exploration tenement by funding exploration work.
  62. 5 Jul 13 PPSA - Ownership is not enough: it’s a matter of priority Since its commencement some 18 months ago, many familiar with the Personal Property Securities Act 2009 (Cth) (PPSA), have been waiting with eager anticipation for guidance from the Australian Courts on the PPSA and its provisions, particularly in relation to leases of equipment.
  63. 2 Jul 13 Cash bidding for coal tenements - Repeal of RA 394 A Queensland wide blanket ban on applications for new coal mining tenements (RA 394) has now been lifted. In the future, we should see the Queensland Government seeking tenders for the release of new coal exploration tenements, and a ‘cash-bidding’ component for new tenders.
  64. 27 Jun 13 Senate releases final report on ‘national interest’ test for foreign investment Since July 2011, Australia’s Senate Standing Committee on Rural and Regional Affairs and Transport has been examining the application of the ‘national interest test’ to purchases of Australian agricultural land by foreign entities. The Committee was due to report in late 2011 and after several extensions, the much anticipated final report was tabled in the Senate on 26 June 2013. In this must read article, Partner Janelle Moody examines the final report.
  65. 12 Jun 13 Are your interests in exploration permits properly secured? Are your interests in exploration permits properly secured? Recent changes to resources legislation in Queensland allow for a mortgage to be registered over an exploration permit, giving the holder an interest in the permit.
  66. 30 May 13 Taxing times for exploration - PRRT, income tax and stamp duty changes Following on from recent Federal Budget restrictions on exploration deductions, the New South Wales State Government has announced increases to duty on exploration tenements. On the same day, the Administrative Appeals Tribunal handed down a decision on exploration and PRRT.
  67. 21 May 13 First carbon deadline now less than one month away The first major carbon deadline is 17 June 2013 - now less than one month away - and liable entities must act quickly to avoid non-compliance and unnecessary penalties.
  68. 20 May 13 Arbitration alert - new Act comes into law On Friday, 17 May 2013 the Commercial Arbitration Act 2013 (Qld) came into force. The new legislation brings Queensland in line with world’s best practice and provides an opportunity for arbitration to become an effective means of dispute resolution, particularly for the resources and infrastructure industries.
  69. 14 Mar 13 Water access licence now required to take water in the course of carrying out mining activities and petroleum exploration Significant amendments to the Water Management Act 2000 (WM Act) in relation to the taking of water in the course of carrying out mining activities and petroleum exploration in New South Wales have now commenced. This Focus identifies various mining-related activities requiring operators to obtain water access licences.
  70. 12 Mar 13 Greentape Reduction Project - what’s coming at Easter? Changes to the Environmental Protection Act 1994 (EP Act) under the Environmental Protection and Other Legislation Amendment Act 2012 are set to commence on 31 March 2013. This Focus highlights some of the significant changes to the Environmental Authority (EA) application process as identified by the department.
  71. 6 Mar 13 Increased NSW land tax exposure for mining companies It is not uncommon for mining companies to acquire land from primary producers and then enter into arrangements whereby the primary producer continues to carry on farming activities on the majority of land. For land tax purposes, the new landowner may seek to claim an exemption on the basis the land continues to be used for primary production purposes. In this Focus article we consider some of the relevant factors used to determine the validity of these exemptions.
  72. 19 Feb 13 Digging deeper into resources legislation - issues to watch in 2013 As we settle quickly into 2013 and look forward to more favourable operating conditions for Queensland’s resources sector, we can’t ignore the challenging policy conditions that lie ahead. Resource companies need to start looking now at the...
  73. 6 Feb 13 Testing time for insurance in the resources sector
  74. 6 Feb 13 Testing time for insurance in the resources sector McCullough Robertson partner Brad Russell and senior associate Diana Masen are specialists in the insurance industry. In this focus they look at the aftermath of ex-tropical cyclone Oswald and how it has insurance coverage in the spotlight again.
  75. 6 Dec 12 Changes ahead for Federal environmental assessment process Independent experts will now affect all companies operating CSG developments and large coal mines in NSW, Queensland, South Australia and Victoria. Find out how this might impact on the resources industry.
  76. 26 Nov 12 Mining lease does not extinguish native title New ruling - the grant of a mining lease does not extinguish native title in the area of the lease which has been developed - has the Full Federal Court opened the door for likely a High Court challenge? McCullough Robertson’s Native Title expert, Dominic McGann explains what this decision means.
  77. 14 Nov 12 Competitive cash bidding process for coal, petroleum and gas exploration tenements Queensland Government introduces a new competitive cash bidding tender process for those interested in the exploration of coal, petroleum and gas resources. To find our more, please click here.
  78. 14 Sep 12 Queensland State Budget announcement A number of anticipated changes affecting the Queensland resources industry were confirmed when the Queensland Treasurer handed down the Queensland State Budget for 2012/13 on Tuesday.
  79. 17 Aug 12 Environmental Protection (Greentape Reduction) and Other Legislation Act 2012 (Qld) The Environmental Protection (Greentape Reduction) and Other Legislation Act 2012 (Qld) (Act) received assent on 14 August 2012 (and will commence on a date to be fixed by proclamation), with the objective to: develop a licensing model proportionate to environmental risk; provide flexible operational approvals; streamline the approvals process for mining and petroleum; and streamline and clarify information requirements.
  80. 27 Jul 12 Devil lurks in NSW planning detail Patrick Holland, speaks with Boardroom Radio to provide some further insight surrounding this issue. Please click here to listen to the Boardroom Radio interview.
  81. 25 Jul 12 Changes to NSW planning laws - miners beware, the devil is in the detail The long awaited Green Paper for the ‘New Planning System for NSW’ is now on public display with the NSW Government seeking community and industry feedback on it. To find out what’s in store for the mining community and how you can have your say.
  82. 25 Jun 12 Mining safety laws harmonisation update By Cameron Dean (Partner) and Jeremy Kennedy (Partner) The Queensland Government has released a public discussion paper about proposed changes to mine safety legislation and we are interested in your views. Workplace Relations and Safety Partner, Cameron...
  83. 14 Jun 12 New South Wales Government defers abolition of stamp duty The New South Wales Government has announced the deferral of the abolition of marketable securities duty on unquoted marketable securities, duty on mortgages and transfer duty on non-land business assets until 1 July 2013. Those duties had been due to be abolished from 1 July 2012.
  84. 7 Jun 12 Implications of the Federal Government's decision to 'stop the clock' on assessment of the $6.4 billion Alpha Coal Project Regulatory and approvals specialist Partner Tim Hanmore examines the implications of the Federal Government’s decision to ‘stop the clock’ on assessment of the $6.4 billion Alpha Coal Project and what this means both for Alpha Coal and the wider Queensland resources industry.
  85. 1 Jun 12 Clarity at last for explorers on compensation liability to landholders The compensation liability of explorers to landholders for the diminution of value of land as a result of advanced exploration activities was clarified by the Land Court of Queensland yesterday (31 May 2012). McCullough Robertson’s Senior Associate Sarah McBratney explains the impact of this determination.
  86. 21 Mar 12 Senate passes MRRT for 1 July start McCullough Robertson Resources Partner, Hayden Bentley is a specialist tax practitioner. He speaks with Boardroom Radio to provide some insight around the MRRT which passed the Senate Monday night.
  87. 15 Mar 12 Court ruling on carbon emissions a big win for smaller mines An appeal in the NSW Land and Environment Court relating to what was argued were discriminatory environmental conditions being placed on a NSW coal mine has achieved a big win for smaller miners.
  88. 2 Mar 12 Clarifying health and safety obligations at coal mines In a bid to make the safety and health obligations about rail corridors on or near coal mines easier to understand, the Office of the Commissioner for Mine Safety and Health has released an alert clarifying the interaction of the obligations under the Coal Mining Safety and Health Act 1999 (Qld) (CMSH Act), Work Health and Safety Act 2011 (Qld) (WHS Act) and the Transport (Rail Safety) Act 2010 (Qld) (TRS Act). Workplace Relations and Safety Partner, Cameron Dean highlights the key points.
  89. 19 Jan 12 OSR releases update on changes to duty relating to Queensland mining tenements Further to our article dated 16 January 2012 regarding changes to the stamp duty treatment of transactions involving exploration tenements, the Queensland Government has released further information clarifying the application of these changes in the landholder duty context. The clarification advises that exploration tenements are not counted as landholdings of a company where a contract for the acquisition of shares in that company was entered into prior to the Start Time but is to complete after the Start Time.
  90. 16 Jan 12 Major changes to duty relating to Queensland mining tenements The Queensland Government has announced significant changes to the stamp duty treatment of transactions involving exploration tenements, effective from 10.30am on 13 January 2012 (Start Time). Stamp duty specialist in the resources sector Duncan Bedford summarises the changes and their implications for minerals exploration.
  91. 13 Jan 12 Personal Property and Securities Act to commence 30 January The Attorney General has now confirmed that the Personal Property Securities Act 2009 (Cth) (PPSA) will commence on 30 January 2012 (Commencement Date).
  92. 23 Dec 11 Providing clarity on 'authorisation' of Indigenous Land Use Agreements The recent Federal Court decision on the authorisation of Indigenous Land Use Agreements (ILUA) (QGC Pty Limited v Bygrave [2011] FCA 1457) has made clear the obligations of a proponent to identify and ensure authorisation by the relevant native title parties for the registration of Agreement.
  93. 5 Dec 11 Quarrying company fined for cultural heritage breach The recent prosecution of a company for failing to meet the cultural heritage duty of care under the Aboriginal Cultural Heritage Act 2003 (Qld) (ACH Act) emphasises the need for strict compliance with the legislation. Cultural heritage specialists, Dominic McGann and Sarah McBratney summarise the case and consider the consequences of non-compliance.
  94. 28 Nov 11 Recent changes in the resource landscape The 2011 China Mining conference was held from 6 to 8 November 2011 in Beijing. Susan O’Rourke, Resources Partner and Head of China desk and Wayne Tan, Resources Graduate report on the key policy shifts and trends that emerged from the conference.
  95. 2 Nov 11 Strategic Cropping Land Bill 2011 The Queensland Government’s policy regarding Strategic Cropping Land will be backed by legislation, following the introduction to Parliament of the Strategic Cropping Land Bill 2011 (Qld) on 25 October 2011. Environment regulation specialist, Tim Hanmore provides a summary of the Bill.
  96. 17 Oct 11 ASX Listing Rule changes Proposed changes to the ASX reporting requirements of resource companies aim to improve the sector’s capacity to raise capital in an increasingly competitive market, but raises some concerns regarding the increased burden on industry. Resource lawyers, Partner Susan O’Rourke and Senior Associate Garth Silva outline the proposed new ASX rules and some of their impacts.
  97. 5 Sep 11 Personal Property Securities Act 2009 (Cth) - commencement postponed An expected delay in the introduction of the PPSA doesn’t mean resources companies can rest easy. The task of preparing for PPSA is not straightforward, Partner Kristen Podagiel outlines some of the risks.
  98. 1 Sep 11 Senate inquiry into foreign investment 'national interest' test Foreign investment and resources specialists Duncan Bedford, Damien Clarke and Janelle Moody discuss the potential tightening of foreign investment regulation that may result from the Senate Inquiry.
  99. 26 Aug 11 ATO ruling on farm-out arrangements - ten years in the making, worth the wait? Resources tax specialist Hayden Bentley examines the ATO’s recent rulings on relating to the tax treatment of farm-out arrangements for exploration activities in the resources sector.
  100. 4 Aug 11 Mining Codes of Practice open for public comment Workplace safety specialists Cameron Dean and Jeremy Kennedy discuss the proposed model codes of practice for the mining industry, released as part of the harmonisation of workplace health and safety laws.
  101. 17 May 11 Think the PPSA won't affect your resources business? Think again The new national personal property securities regime (PPSA) will come into effect in October 2011. A wide variety of resources projects and standard contractual arrangements for the industry will be affected by the PPSA. Kristen Podagiel (nee Grover) and Emma Jenkins outline the impacts, and what to do to protect your interests.
  102. 8 Apr 11 Queensland Government to phase out mining on North Stradbroke Island The Queensland Government has proposed the phasing out of mining on North Stradbroke Island in order to protect and restore the region’s environment and encourage ecotourism in the region.
  103. 2 Mar 11 Coronial inquest findings - fatigue affecting mine workers On 23 February 2011 Coroner Annette Hennessy handed down her findings and recommendations following the 2007/2008 coronial inquest into two separate motor vehicle incidents in Queensland. Both incidents involved mine workers returning home after working their normal shifts at their respective mines. The Coroner’s findings and recommendations have general application to fatigue across the mining sector nationally.
  104. 17 Feb 11 Changes to Queensland royalty payments The Queensland State Government has announced that from 1 July 2011, royalties payable to the State on the production of petroleum, gold and other minerals will be collected by the OSR instead of the Mines and Energy division of the DEEDI.
  105. 28 Jan 11 Changes proposed to the overlapping coal and coal seam gas tenure framework The Department of Employment, Economic Development and Innovation has proposed changes to the framework for overlapping coal and coal seam gas tenements in the draft Mines and Petroleum Legislation Amendment Bill 2011 and consultation paper released last week. Find out how the proposed legislation will affect your business.
  106. 27 Sep 10 Top 10 tips for successful mining joint ventures Australian mining companies often use joint venture structures, but there are traps for the unwary. Here are 10 key tips for successful outcomes.

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