Queensland Health and Safety Laws – even more changes in store in 2024
Yet more changes are on the way for Queensland’s work health and safety laws, with the Honourable Grace Grace introducing the Electrical Safety and Other Legislation Amendment Bill 2024 into the Queensland Parliament on 22 May 2024. If passed in its current form, the Bill would introduce significant changes to Queensland safety laws, namely the: […]
McCullough Robertson appoints Pro Bono Partner as it looks to the future and its centenary
Leading independent Australian law firm McCullough Robertson Lawyers has announced the appointment of Tim Longwill as the firm’s Pro Bono Partner. Tim is a senior partner of the firm, recently celebrating 25 years at McCullough Robertson. He has actively participated in the firm’s pro bono program throughout his career providing advice to NFP and charitable […]
Widespread federal tax changes
As we approach the Federal Budget, the Australian Government has recently detailed several significant changes affecting Capital Gains Withholding, Foreign Investment Fees, State Property Taxes, and the Deductibility of Interest Charges. These changes may have far reaching, and possibly unintended, consequences. The first legislated change related to the International Tax Agreements Act 1953, which ensured […]
The status of electronic execution
In March 2022, we published an article (Execution of documents – where do things stand?) addressing the law regarding the execution of documents in Australia following various changes implemented as a result of the COVID-19 pandemic. Thankfully, the anticipated reforms mentioned in that article are now permanent, and the market is moving towards greater acceptance […]
Update on the Michael Roche Scholarship
In 2021, McCullough Robertson Lawyers, through the McCullough Robertson Foundation, committed $100,000 to establish and support the Queensland University of Technology (QUT) Michael Roche Scholarship (Scholarship). The Scholarship drives innovation in the areas of environment, sustainability, or climate change within the resources and renewables industry, by supporting insightful leadership and creative vision in originating concepts […]
Is this the end of statutory liability insurance?
Directors and officers (D&O) have a wide range of statutory and common law duties and responsibilities. Failing to discharge those duties may expose a director or officer to legal action and personal liability from a number of sources. Businesses and their senior management maintain insurance cover under D&O Liability and Statutory Liability policies to deal […]
Navigating changes to employment and industrial relations in Australia: the increasing involvement of the Fair Work Commission in your business
In last year’s issue of Emerging Issues we highlighted changes to the Fair Work Act 2009 (Cth) (FW Act) arising from the Secure Jobs, Better Pay reforms. These changes fundamentally altered enterprise bargaining and strengthened the Fair Work Commission’s (FWC) role in setting employee entitlements in workplaces across Australia. Since then, the Federal Government has […]
Overhauling health and safety regulations in Queensland’s resources sector
Amendments to Resources Safety Acts slated for 2024 Comprehensive regulatory reforms are proposed for Queensland’s resources sector through the introduction of the Resources Safety and Health Legislation Amendment Bill 2024 (Qld) (Bill). The Bill seeks to amend Queensland’s Resources Safety Acts (as well as their associated Regulations), made up of: The 242 page Bill was […]
Decarbonising objectives are driving reforms
Against the backdrop of a decarbonising global economy, Australia has seen significant developments across its carbon policies and plans in the last twelve months, particularly following COP28. Australia’s desire to dramatically reduce its carbon emissions by the end of this decade will, however, require more significant and broadscale efforts to achieve the target of net-zero […]
Combatting greenwashing in the race to net zero: ASIC’s crackdown on misleading sustainability claims
Greenwashing at a glance Greenwashing continues to be a key enforcement priority for both ASIC and the ACCC.G The Commonwealth Senate Standing Committees on Environment and Communications Greenwashing Inquiry is due to report 28 June 2024 in relation to claims made by companies, the impact of these claims on consumers, regulatory examples, advertising standards, and […]
Challenges impacting the delivery of renewable energy projects
The pipeline of renewable energy projects in Australia continues to increase in the wake of the Federal Government’s commitment to achieve net zero emissions by 2050. However, there remain numerous headwinds impacting the delivery of these projects. Some of these hurdles affect construction and infrastructure projects generally, while others pose challenges for renewables projects in […]
Stakeholder engagement – the critical social licence for renewable projects
There is no strong opposition to the idea that Australia must transition to net zero emissions. The Federal Government has committed to reducing greenhouse gas emissions by 43% from 2005 levels by 2030 and achieving net zero by 2050. States and Territories have similarly ambitious targets. There is similarly little opposition to the idea that […]
Unravelling decommissioning liabilities and security obligations for renewable energy infrastructure assets
Decommissioning of infrastructure is a fundamental stage of any renewable energy project. In reality, the operational life of a wind or solar farm can be anywhere from 30 to 60 years, and potentially decades longer for intensive hydroelectric assets. After this time, the renewable energy developer is generally bound to decommission the infrastructure and restore […]
Taking ‘stock’: legality of State mining royalties following Vanderstock
Late last year, by narrow majority, the High Court of Australia ruled in Vanderstock v State of Victoria [2023] HCA 30 (Vanderstock) that the Victorian Zero and Low Emission Vehicle Distance-Based Charge Act 2021 (Vic) (ZLEV Act) was unconstitutional and invalid, given the annual charge imposed by the Victorian Government was a ‘duty of excise’ […]
‘Funding’ the way: navigating the investment maze
Despite some fundamental similarities, financing of Australian energy and resources projects looks very different depending on whether the project is a renewables or resources project. The resources industry continues to finance and fund in unconventional ways from within, while the renewable energy sector continues to seek conventional debt financing to fund their projects. As funding […]
A spotlight on convertible notes in the Australian energy and resources sector
Key takeaways Australian economic environment A noticeable market trend over recent years, particularly in 2023, is the increased use of convertible notes by listed and larger established Australian resources and renewables companies. This fundraising instrument has traditionally been associated with early-stage venture capitalists and start ups in their seed financing stages. However, the utility of […]
Driving the global EV supply chain: a comparison of international policies and implications for Australia’s mining industry
In this article, we look at what policies are being implemented overseas to drive decarbonisation of the transport industry. We compare what incentives are being offered at a national and international level, and what further support we need to see to secure Australia’s mining, processing, and manufacturing position in the global EV supply chain. The […]
FIRB’s evolving role in balancing national security and foreign investment in Australia’s critical minerals sector
As described in our Critical Minerals market update, the Critical Mineral Strategy 2023-2030 (Strategy) proposes to take a concerted, targeted, and proportionate approach to developing Australia’s critical minerals sector, setting out six focus areas. One focus area being to work with likeminded international partners to attract and leverage foreign investment and diversify supply chains. The […]
Market update: renewable energy
The Australian renewable landscape continues to evolve, with the Federal Government’s increased involvement and investment in renewable energy projects at all levels, as Australia continues its push towards the target of 82% national renewable electricity generation by 2030. Notwithstanding the increased Government support, new and old hurdles for renewable energy proponents continue to impact projects […]
Market update: resources
After early predictions of a sharp decline in resource and energy commodity prices heading into 2024, measures introduced by the Chinese Government to stabilise the nation’s residential property sector, and the global focus on emissions reduction, have resulted in an elevated demand for a variety of commodities, stabilising the price fall. Despite this, the record […]
Market update: critical minerals
In June 2023, the Federal Government published the Critical Minerals Strategy 2023–2030, setting out the government’s vision to grow Australia’s critical minerals sector. Australia’s Critical Minerals Strategy Key objectives of this Strategy include: The Strategy includes six key focus areas: By 2030, the Strategy aims to have grown the geostrategic and economic benefits of its […]
Victorian Commercial and Industrial Property Tax Update
On 20 March 2024, the Commercial and Industrial Property Tax Reform Bill 2024 (Vic) (Bill) was introduced to the Victorian Parliament. The Bill was passed by the Legislative Assembly without amendment on 2 May 2024, and is due to be debated in the Legislative Council on 14 May 2024. The Bill will establish an annual […]