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Warkworth extension project LEC overturns Part 3A approval

Herbert Smith Freehills LLP
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Australia
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May 9 2013

For the second time in 2 months, the NSW Land and Environment Court (LEC) has overturned a decision by the Planning Assessment Commission (PAC) to

Wind energy facilities - recent VCAT ruling

Herbert Geer
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Australia
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April 23 2013

The Victorian Civil & Administrative Tribunal (VCAT) has published an interim decision in relation to a proposed wind farm development near Seymour

Fixtures or chattels?

Herbert Smith Freehills LLP
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Australia
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December 7 2012

In this decision, the Victorian Court of Appeal (the Court) unanimously held that gas turbine generators, installed on land as part of an electricity power station, were fixtures for the purposes of the ‘land rich’ duty regime

Be aware the risk of regulatory change wind industry sector

Gilbert + Tobin
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Australia
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August 30 2012

While the concept of regulatory change may not be new, the two recent Victorian decisions of Bald Hills Wind Farm Pty Ltd 2012 VCAT 1092 (Bald Hills) and Sisters Wind Farm Pty Ltd v Moyne Shire Council & Ors 2012 VSC 324 (Sisters) highlight some of the risks that can arise from regulatory change for developers of wind farm projects

Near enough not good enough when consulting with land owners

Clayton Utz
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Australia
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July 19 2012

Energy and resources proponents should be very careful in the descriptions that they provide to owners in negotiation notices, Consultation Notices and notices of entry under the various pieces of resources legislation

Queensland's first compensation case under the land access regime - what does (and doesn't) it mean?

Clayton Utz
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Australia
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June 21 2012

The Peabody case provides the first judicial guidance on the land access regime, but doesn't resolve all of the uncertainty

Xstrata Wandoan, take two: greenhouse gas emissions, mining, and environmental approvals

Clayton Utz
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Australia
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April 12 2012

Queensland's Land Court has clarified the relevance of greenhouse gas emissions to mining lease and environmental authority applications, but created uncertainty about restricted land

Court invalidates determination of agricultural land in relation to a mining lease application

Norton Rose LLP
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Australia
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March 27 2012

On 8 November 2011, Moore AJ handed down his judgment in the Land and Environment Court in Moolarben Coal Mines Pty Ltd v Director-General of the (former) Department of Industry and Investment NSW (Agriculture Division); Moolarben Coal Mines Pty Ltd v Director-General of the Department of Trade and Investment, Regional Infrastructure and Services 2011 NSWLEC 191

Compensation in NSW for mine subsidence: do you have to wait for the hole to appear before you act?

Clayton Utz
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Australia
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June 3 2011

If you own an improvement to land in NSW, you now have a greater incentive to undertake preventative or mitigatory works if there is a threat of subsidence from mining operations, following the High Court's decision on the State's scheme to compensate owners for mining subsidence (Jemena Gas Networks (NSW) Limited v Mine Subsidence Board 2011 HCA 19

Striking a balance between exploration and agriculture legislative amendments to manage land access arrangements in NSW

Norton Rose LLP
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Australia
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October 1 2010

The land access provisions of the Mining Act 1992 (Mining Act) and the Petroleum (Onshore) Act 1991 (Petroleum Act) were amended on 9 June 2010 with the commencement of the Mining and Petroleum Legislation Amendment (Land Access) Act 2010 (Amendment Act

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Search results

Warkworth extension project LEC overturns Part 3A approval

Wind energy facilities - recent VCAT ruling

Fixtures or chattels?

Be aware the risk of regulatory change wind industry sector

Near enough not good enough when consulting with land owners

Queensland's first compensation case under the land access regime - what does (and doesn't) it mean?

Xstrata Wandoan, take two: greenhouse gas emissions, mining, and environmental approvals

Court invalidates determination of agricultural land in relation to a mining lease application

Compensation in NSW for mine subsidence: do you have to wait for the hole to appear before you act?

Striking a balance between exploration and agriculture legislative amendments to manage land access arrangements in NSW

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