18 March 2019
Mining Charter III: certainty, but at a cost
The Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 ( Mining Charter III or the Charter ) came into force on Friday, 1 March 2019 - almost three years after the publication of the first draft. This brought to a close nearly three years of uncertainty and...
13 March 2019
The Foreign Influence Transparency Scheme has commenced: Are you required to register?
Australia’s “Transparency Register” under the Foreign Influence Transparency Scheme is now live, with the time to register arrangements in existence at the date of the Scheme’s commencement expiring on 10 March 2019. We look at the Scheme, which was designed to provide transparency over foreign...
01 March 2019
Statutory limitation period for a court action to be filed against insurers runs from the date of the loss, not the date of declinature
Key takeaways The New South Wales Court of Appeal has held that a policyholder’s cause of action against an insurer arises when the insured event occurs, not when indemnity is declined and, as a result, a policyholder’s court proceedings which were commenced more than 6 years after the date of the...
15 February 2019
Climate change impacts used to reject new NSW coal mine
Proponents seeking consent for new projects, or modifications of existing projects, with ‘material’ greenhouse gas emissions across all industries in NSW should carefully assess climate change impacts, particularly if the proposal is not ‘carbon neutral’.
18 December 2018
What use are “entire agreement” clauses on claims for pre-contractual misleading or deceptive conduct?
The High Court of England has recently affirmed 1 that an “entire agreement” clause does not exclude liability for misrepresentation. This article considers whether the law is the same in Australia and, if so, what is the point of an entire agreement clause?
07 December 2018
Increasing the cost of construction in the resources sector – Navigating the Building and Construction Industry Training Levy Amendment
As of 1 October 2018, amendments to the Building and Construction Industry Training Fund and Levy Collection Regulations 1991 (WA) ( Regulations ) came into operation. The amendments repealed the previous exemption for mining construction works, with the effect that a broad range of mining and...
07 December 2018
Insuring against cyber threats going into 2019
Cyber remains a very hot topic for all businesses, including in the mining sector. As projects become more automated, the potential for cyber disruption increases. Equally the controls and/or safety systems for a project may be some distance from the project itself, creating risks across a wider...
15 November 2018
New Legislation: A tectonic shift in Queensland’s financial assurance and rehabilitation framework passes
The new legislation has significant implications for resource sector EA holders. Impacted entities should consider the potential impacts on their mining operations and cash flow caused by the FP Act. Relevant steps should be taken by entities to prepare for the transition to PRCPs, the new FA...
08 November 2018
Second Wave of United States Sanctions Against Iran Re-Imposed
Following President Trump’s decision on May 8, 2018 to withdraw the United States from the Joint Comprehensive Plan of Action (“JCPOA”), the US government announced that it would re-impose pre-JCPOA nuclear-related Iran sanctions (both primary and secondary) that were lifted under the JCPOA. As we...
27 September 2018
“Holding” DOCAs confirmed as valid by High Court of Australia
On 12 September 2018, the High Court of Australia ( High Court ) gave judgment in the case of Mighty River International Limited v Hughes ( Mighty River ). 1 In that decision, the High Court (by a 3:2 majority) held that a “holding” deed of company arrangement ( DOCA ) is valid.
14 September 2018
Internal Investigations and Privilege - update
The law of privilege is of particular importance in the present climate of intense regulatory and public scrutiny of corporate misconduct. Following significant corporate events or allegations of wrongdoing, companies often establish internal investigations to seek legal advice or in anticipation...
13 September 2018
Tanzania's new integrity pledge for mining companies: does it meet international best practice?
Since July 2017, the Government of Tanzania has introduced significant regulatory reforms to the mining industry (as well as the nascent upstream oil and gas industry). See our previous notes on these reforms here , here and here .
05 September 2019
Industry engagement essential to success of ‘gateway’ model for energy sector CDR
The ACCC’s selection of a ‘gateway’ model as the preferred data access model for implementation of the Consumer Data Right ( CDR ) in the energy sector is anticipated to align to the preferences of incumbent energy sector participants, but may not fully meet the expectations of potential new market...
04 September 2019
Maximising Privilege Protection under US and English Law
When learning of a potential criminal or regulatory issue – whether through receipt of an information request from the authorities or through an internal mechanism – a firm will usually conduct an internal investigation, whose purpose is to understand the scope of the issue, remediate the problem...
03 September 2019
The Decision Analysis team at Herbert Smith Freehills, led by Alex Oddy and Donny Surtani, have developed processes and tools to help evaluate risk in dispute situations and support clients in their decision-making. The team uses specialist software to analyse and visualise the risks inherent in a...
02 September 2019
One Step Forward for Battery-powered Electric Vehicles in Indonesia
On 8 August 2019, Indonesia’s President signed the country’s first regulation on electric vehicles – Presidential Regulation No. 55 of 2019 on the Acceleration Program for Battery-powered Electric Vehicles for Road Transportation (“ PR 55/2019 ”). PR 55/2019 reflects the government’s twin ambitions...
30 August 2019
Director recommendations in schemes revisited
We previously reported on suggestions by Courts that target directors who will receive a bonus on the implementation of a scheme of arrangement should not make a recommendation to shareholders as to how to vote. 1 A recent decision rejects those suggestions and emphasises that the law ordinarily...
30 August 2019
Ramping Reprimand: ASX issues latest disclosure caution
Listed companies should be aware that “ramping” announcements are on the ASX’s radar. Companies risk suspension from trading if the ASX considers that they have released announcements that are designed to “ramp” up their share price rather than to inform the market.
30 August 2019
The Rise of Super Apps in Indonesia
With its high internet penetration and being arguably the fastest growing market for smartphones in Southeast Asia, Indonesia has become a key market for e-commerce and other digital platforms in the region. While such platforms started by offering mainly consumer goods, they have begun to...