26 September Recent updates in New Zealand, Canada, Indonesia and Vietnam September 26, 2023 By AMPLA Admin International, Resources and Energy Canada, New Zealand, Indonesia, Vietnam 0 The industry’s legal landscape continues to evolve across the world. This article outlines some recent updates from New Zealand, Canada, Indonesia and Vietnam. The industry’s legal landscape continues to evolve across the world. This article outlines some recent updates from New Zealand, Canada, Indonesia and Vietnam. New Zealand The New Zealand Government recently released five energy discussion papers that are open for submissions until November. The discussion papers cover the gas transition, the hydrogen roadmap, offshore renewable energy development, improvements to the electricity market and banning fossil-fuel caseload electricity generation. In addition, the Government has recently announced fast-track consenting of three more solar and wind projects. Fast-track consenting reduces the turnaround time for consenting projects by about 18 months, making renewable energy projects cost-effective and limits public notifications and appeal rights. The Government also announced that it has partnered with investment company BlackRock to create a $2b climate infrastructure fund to reach its goal of 100% renewable electricity. The fund will be managed by BlackRock and provide access to capital for climate infrastructure that doesn’t have access to similar funds. Offshore wind resources have also been subject to consultation, with the Prime Minister of New Zealand claiming that their least windy offshore renewable site has more wind potential than Australia’s windiest site. To progress development, the Government has created feasibility permits for seven years that give the holder exclusive rights to apply for a commercial permit to construct and operate offshore renewable energy infrastructure. Canada The Government is seeking to limit carbon emissions produced by electricity generated using fossil fuel in its draft Clean Electricity Regulations. The consultation period for the proposed changes closes in November and the regulations are expected to come into force in 2025. The legislation is in line with the Canadian Government’s 2030 Emission Reduction Plan. New reporting requirements will be introduced, whereby the responsible person for a regulated generating unit will have 60 days to submit a registration report to the Minister for a unit commissioned on or after 1 January 2025. For units commissioned prior to that date, they must submit the report by the end of 2025. The regulations also impose limits on the amount of CO2 that can be emitted starting from 2035. Non-compliance with the regulations will be an offence under the Canadian Environmental Protection Act and punishable by fines of up to $12m. Indonesia The Government has introduced Regulation No.25 of 2023 that introduces a new regulatory framework for the identification and designation of Mining Areas. The purpose of these changes is to realise the potential of mineral and coal resources in a more transparent and sustainable way. It also clarifies the mining areas and licences available. A Mining Area must be the subject of a survey and research to determine the extent of its mineral or coal reserves and potential within Indonesia’s Legal Mining Jurisdiction before it can be designated by the Ministry of Energy and Mineral Resources. The survey and research doesn’t require a permit or the payment of fees and will assist the Government to identify and record geological data and information. Once designated, the Mining Area can be subdivided further into Mining Zones. The regulation allows for Commercial Mining Zones, Public Mining Zones, State Reserve Zones and Special Commercial Mining Zones. This provides a process for a former contract of work or coal contract of work zone to be re-established as a Commercial Mining Zone once the evaluation has been completed. Vietnam The Vietnamese Government recently released its Power Development Plan VIII (PDP8) that covers the period 2021-2030. The document plans the country’s future power sources and the national transmission grid infrastructure. The plan includes the development of around 13GW of new coal projects while cancelling another 13GW of planned coal capacity. PDP8 also sets out the decommissioning of power plants that do not meet environmental standards, requiring coal plants to convert to alternative fuels within a set time frame, with all coal plants to be converted by 2050 or they must cease operation. PDP8 also outlines the development of renewable energy, including wind and solar power, in line with the absorptive capacity of the grid system to ensure electricity prices remain reasonable. Self-sufficient rooftop solar power is specifically being encouraged to support the electricity grid and a target of 6GW for offshore wind by 2030. This raises new opportunities for investment in renewable infrastructure in Vietnam, but also brings new regulatory challenges that will need to be addressed. Related Articles Recent State legislative updates Both Victoria and South Australia have recently progressed significant legislation focused on renewable energy. The Victorian Government’s Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Bill 2023 has had its second reading in the Legislative Assembly. The Bill is intended to reduce the cost of power bills, create tens of thousands of jobs and encourage investment in the State’s renewable energy industry. Recent regulatory updates across Australia This article provides an overview of developments in the industry over the past couple of months that have occurred in several states across Australia. Recent environmental cases in Australia Two recent cases involving environmental actions provide some guidance on how the law and Ministerial decision making can apply. Recently two judicial review proceedings were dismissed by the Federal Court. The case was brought by Environmental Justice Australia and has been called the Living Wonders case. The case sought to challenge the Federal Environment Minister’s failure to adequately consider climate change risk when assessing two coal mine expansions under s78 of the Environmental Protection and Biodiversity Conservation Act 1999. Legislative updates in Queensland and Western Australia The Governments in Queensland and Western Australia have recently released several consultation papers, reports and proposed legislation that impact the resources sector. Key industry updates in Asia In recent months several countries in Asia have announced regulatory changes to support their transition to renewable energy. 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