2025 Annual Conference - Call for Expressions of Interest Program Committee

The Annual Conference is the premier resources and energy law conference in Australia and the Asian region and we want you involved in the design and development of the 2025 Conference Program.

The 2025 BPC is chaired by Jane Ballard (HSF).  Deputy Chair is John Keeves (JWS). Its role is to develop another themed, high quality, dynamic programme reflecting the key legal, commercial and political issues of interest to ER Law members, and to contribute to the design of the total conference experience.

What the sector can expect under a Trump presidency

On November 5, Trump was re-elected President of the United States. His term will commence in January 2025, but he has already begun putting in place plans for his administration. It is expected that Trump will make significant changes to several areas of policy that impact the energy and resources sector.

Recent developments in Queensland, Western Australia and Victoria

Legislative amendments and new codes and guidelines have been introduced in states across the country. The focus is on developing renewable energy production and supporting existing energy infrastructure. In this article, we outline some recent developments in Queensland, Western Australia and Victoria.

China's renewable expansion

Many organizations have viewed entering the Chinese market as difficult, but we’re seeing some changes that may make the process smoother in the future. The Chinese market is attractive, with the country commissioning as much solar PV as the rest of the entire world in 2022 according to the International Energy Agency.

(R)evolution: How new CNH reporting frameworks are shifting boards’ engagement on sustainability

Dr Pamela Hanrahan MAICD is Emeritus Professor of Commercial Law and Regulation at the UNSW Business School, Chair of the Business Law Section of the Law Council of Australia, and a Consultant with Johnson Winter Slattery.

Navigating the critical path

Gavin Scott, Partner, Norton Rose Fulbright, Chair of Business Papers Committee ER Law Conference 

“Critical” is the word of the moment. The energy transition and everything related to it is critical  -  from the minerals we’re mining to tax policy and export issues. So this year, the ER Law Annual Conference is focusing on what is critical for those working in energy and resources law to know. 

Recent legislative updates in Queensland

As the pressures of climate change and the energy transition continue to escalate, the Queensland government has introduced a new suite of laws aimed at bolstering resource management and enhancing environmental protection. These legislative changes reflect a growing commitment to foster development and balance economic growth with ecological preservation.

Navigating the Future: Updates from the US, Japan, and New Zealand

As the global energy landscape undergoes rapid transformation, nations around the world continue to redefine their strategies to address climate change, energy security, and economic sustainability. In this article, we delve into the latest updates from three diverse countries: the United States, Japan, and New Zealand. 

Unearthing the Last Resort Power: The Bedrock Implications for the National Interest

1. Introduction

The extent of government intervention in financial markets is a polarising issue, having effectuated the rise and fall of nations, engendered heated political discourse, and even been used as the justification for international conflict. The complex and multifaceted nature of government intervention is not relegated to the macroscopic spheres of society – instead these interventions impact the experience of the citizen, their financial welfare, rights, and wellbeing. An intricate web of economic interconnectivity has transcended the traditional geographic and political boundaries. The ease of human mobility across borders is supplemented by the fluidity of capital flow, giving rise to a new set of legal considerations pertaining to geopolitical stability.

The influx of foreign capital, whilst providing a catalyst for sustained economic growth, presents nuanced challenges relating to the intricate balance struck between economic globalisation and State sovereignty. The inception of the last resort power into the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA) reflects a judicious and strategic legislative update, effectively balancing Australia's national interests with the globalisation of investment.[i] The provisions demonstrate foresight in establishing robust control over critical national resources, a particularly vital measure amidst escalating international tensions. At its core, the paper will delve into Administrative Law’s role in the control of government action, beginning by exploring the historical background of the Foreign Investment Review Board (FIRB, the Board) regime, providing a foundation for examining the justification for the last resort power. The analysis will shift toward the philosophical underpinnings of national interests and their interplay with the principles of procedural fairness. Ascertaining the fundamental principles of Australian Administrative Law will encourage reflection on the extent to which the FIRB framework complies, allowing a conclusion to be made as to whether it constitutes good law.

Trends in hydrogen

The IP Australia Patent Analytics Hub recently published its report called The Power of Hydrogen. The report analyses global patent filings between 2010 and 2020 to identify trends and commercial players in the hydrogen technology globally. The report looks at innovation in hydrogen production, utilisation and storage.