Energy & Regulation
In a complex and highly regulated energy and resources sector, we provide focused expertise and tailored solutions. We assist clients with a comprehensive insight into the practicalities of implementing reforms and provide deep local market knowledge with the highest quality advice to meet our clients' needs.
Our specialist team advise government, industry participants and investors in the energy and resources sectors on a broad range of legal issues. We offer a combination of commercial and technical knowledge to develop solution-based strategies to minimise risk and maximise opportunities for our clients.
Our dedicated team has extensive experience advising on a number of major energy and resources projects in Australia, in all stages of energy chain contracting, including gas transportation, gas sale and purchase, electricity and gas access, electricity purchase and sale. We also advise “green” energy suppliers on licensing, grid access and power sale agreements. Third party infrastructure access is a key area of our expertise, which is an important consideration for many large-scale energy and resource projects. The team advise both asset owners and access seekers.
Our core capabilities in Energy & Regulation include:
Energy access agreements
Gas transportation agreements
Licensing and financing of energy projects
Power purchase and sale agreements
Renewable energy projects
Network and pipeline access
Other third party infrastructure access.
Gas procurement and transportation
We finalised a project to re-regulate gas quality specifications on major transmission pipelines in WA on behalf of the State government. The project will amend every single gas contract in the State, from each residential supply agreement up to multi-billion dollar 20 year gas sales and transportation agreements.
We assisted an iron ore major to negotiate several long term gas supply and gas transportation agreements to underpin a multi-billion dollar expansion of its iron ore operations in the Pilbara.
We are currently advising a gas transmission and distribution pipeline owner and operator regarding its pipeline expansion plans and gas transportation arrangements with numerous mining companies.
Energy access agreements
- We are currently acting for a major international gold mining company to negotiate a power purchase agreement and transportation for its WA gold mining operations.
Third party infrastructure access
We recently assisted a major LNG operator to complete exhaustive negotiations with the State government to create a bespoke access regime for a key piece of export infrastructure associated with a major greenfields LNG project.
We advised a major power generator over several years to gain access to water infrastructure including pipes, tanks, bores and dams.
Power generation projects
- We acted for a private electricity generator and retailer in respect of its acquisition of a GE gas turbine power station. We negotiated the design and construct contract and completed the separate but linked operation and maintenance agreement for the same project.
We advised a community based wind farm project in rural WA on a variety of issues including its network access agreement with Western Power.
We worked with a European wind turbine manufacturer to resolve complex grid connection issues associated with its wind farm project in South Australia under the National Electricity Law.
We are assisting a major private coal-fired electricity generator to understand and review the implications of the new carbon pricing legislation on its wholesale electricity sales agreements.
We are advising an electricity retailer in relation to the carbon cost pass-through regimes under its power purchase agreements and the extent to which it may pass those costs through to its end-user customers.
3 June 2016
On 1 June 2016, Worksafe WA released a discussion paper on its review of the model Work Health and Safety Regulations and consequent recommendations. Western Australians now have until 31 August 2016 to comment on the proposed regulations before the State Government determines its final position.
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20 November 2014
On 28 October 2014, Jackson McDonald was honoured to host a presentation on the recent ANZ banking fees cases by keynote speaker, William Edwards, who is a barrister and one of the counsel on the Paciocco v ANZ case.
Discussion was focused on the changes to the law against penalties that came from the banking fees cases. A number of key issues were canvassed in the subsequent panel discussion, including the implications of the cases on other types of commercial contracts in the energy, mining and construction industries.
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24 October 2014
Government’s position on RET released ahead of bipartisan negotiations
On 28 August 2014, the Expert Panel chaired by Dick Warburton (“Panel”) released its report on the Renewable Energy Target (“RET”) Review, (“report”). The Panel concluded in its report that the RET should not continue in its current form because the costs outweigh the benefits of emissions reduction.
The Panel made separate recommendations for the Large-scale RET (“LRET”) and the Small-scale Renewable Energy Scheme (“SRES”) in its report.
On 22 October 2014, Federal Industry Minister Ian Macfarlane outlined the government's position on the Renewable Energy Target in response to the Panel’s report and ahead of negotiations with the Labor Party.
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22 July 2014
The Clean Energy Legislation (Carbon Tax Repeal) Act 2014 (Cth) (“Act”) received Royal Assent on 17 July 2014 and is now law with effect from 1 July 2014. In addition to abolishing the carbon tax, the Act amends the Competition and Consumer Act 2010 (Cth) (“CCA”) to:
- prohibit carbon tax-related price exploitation;
- ensure that all cost savings attributable to the carbon tax repeal are passed through the supply chain for regulated goods; and
- ensure that lower prices resulting from the repeal of the carbon tax are passed on to consumers of regulated goods.
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25 May 2012
Jackson McDonald consolidated its position as the leading West Australian law firm when named Perth Law Firm of the Year at the 2012 ALB Australasian Law Awards in Sydney on 24 May 2012.
It is the fifth year out of six that Jackson McDonald has won this prestigious award.
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25 January 2012
The Personal Property Securities Act 2009 (Cth) (“Act”) creates a single national law governing security interests and similar transactions with respect to many different
kinds of tangible and intangible property, other than real property. The scheme under the Act commenced on 30 January 2012.
Author: Will Moncrieff
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10 January 2011
Jackson McDonald is a proud member of Globalaw and has assisted in the development of this guide.
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