Q&As

'Root and branch review bears fruit – Harper review draft report released today’

Tuesday October 7, 2014

The Competition Policy Review Panel has today released its 307-page Draft Report on the effectiveness of Australia’s current competition policy and laws, and its recommendations for the promotion of competition across the economy. A full copy of the Draft Report can be found here.
'Foreign activities of Australian charities and the in Australia special condition '

Tuesday October 7, 2014

This article outlines the factors charities with overseas operations, or who are considering establishing operations overseas, should consider in light of a proposed tightening of the law with respect to the requirement that they operate in Australia. Under the current law, charities may conduct activities overseas provided that those activities are consistent with the guiding objects of the charity. In fact, the Australian Charities and Not-for-Profits Commission (ACNC) specifically notes that approximately 6,100 charities on the ACNC Charity Register indicate they have charitable purposes and activities overseas
'Conduct and Compensation Agreements: Hazardous Contaminants'

Tuesday October 7, 2014

When negotiating a conduct and compensation agreement (CCA), many landholders are concerned about the use of chemicals (hazardous contaminants) on the land, while the resource company is likely to consider that landholders are already adequately protected by the law. This article examines the statutory minimum protections under the Environmental Protection Act, any environmental authority attaching to the resource authority, the Australian standards for handling chemicals, the mandatory provisions of the Land Access Code and more. The article also outlines the key terms in a CCA that are required to give the parties certainty regarding the scope of compensation and whether it includes particular impacts from contamination.
'Conduct and Compensation Agreements: Alternative Arrangements'

Tuesday October 7, 2014

When negotiating a conduct and compensation agreement ('CCA') with a mining or petroleum (particularly CSG) company, some landholders may be asked to sign an ‘alternative arrangement’ ('AA') with respect to noise. An Alternative Arrangement is a written agreement between a tenement holder and a person who is affected or potentially affected by a nuisance impact (that would not otherwise be permitted at law) at a ‘sensitive receptor’, due to the tenement holder’s activities within a resource tenement. This article explains the noise limits under an environmental authority attaching to a resource authority and the considerations to be made when negotiating an alternative arrangement.
'Underground water rights and make good agreements'

Tuesday October 7, 2014

When negotiating a conduct and compensation agreement (CCA) with a mining or petroleum company, many landholders are concerned about the impact on underground (artesian) water and bores. This article briefly explains the legal basis for a resource company taking water, before setting out the ‘make good’ requirements under the Water Act 2000 (which is currently under review) and how to determine whether there is a make good requirement in relation to a particular landholder’s bore.
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