Climate Change

Since the emergence of climate change as a legal issue in Australia more than two decades ago, Minter Ellison’s climate change team has been at the forefront of advising clients on matters relating to climate change and clean energy.

Our experienced team includes 14 partners located across Australia and New Zealand. We are passionate about climate change and clean energy and focus on providing innovative legal advice to clients so they can comply with and capitalise on statutory climate change policies and schemes as well as clean and renewable energy opportunities.

We advise clients in a wide range of industries and sectors on the design and likely operation of the carbon pricing mechanism based on the Australian Prime Minister’s announcement on 11 July 2011.

Minter Ellison’s climate change team adopts a multi-practice approach covering all relevant areas of law including, environment and planning, tax, energy and resources, banking and finance, infrastructure, construction and intellectual property.

This approach has given us the opportunity to advise on the design and implementation of emissions trading schemes in the UK and NZ, and involvement in numerous projects relating to mandatory and voluntary emissions trading, forestry and avoided deforestation, and securing greenhouse gas abatements and offsets.

In the clean energy/renewables space, our lawyers have taken a leading role on several high profile Australian renewable projects including wind, hydro, solar, bio gas and waste mine gas. We have advised on the development, financing and management of these projects.

We have been at the forefront of the legal issues involved with the geosequestration (carbon capture and storage – CCS) of carbon dioxide emissions since 2004. Our team advises government entities on the establishment of regulatory regimes for CCS and we have provided significant advice to private sector clients on related legal issues for CCS projects.

We have also worked with clients on their green building developments and construction projects, including ratings systems.

Minter Ellison was appointed to the Commonwealth Government’s Department of Climate Change legal panel advising on the development and implementation of the previously proposed carbon pollution reduction scheme. In addition, the joint leader of our climate change practice, Duncan McGregor, is Chair of the Commonwealth Government’s Domestic Offsets Integrity Committee, which makes recommendations to the Minister for Climate Change and Energy Efficiency in relation to draft project methodologies under the proposed Carbon Farming Initiative.

Publications
Awards & Recognition
The Carbon Pricing Mechanism: Understanding the regime and its implications for the finance sector
13 February 2012

In under six months, Australia will have a carbon pricing mechanism (CPM), designed to underpin Australia's efforts to reduce its greenhouse gas (GHG) emissions over the coming decades.  The CPM is designed to do so by requiring some of Australia's largest emitters of GHGs to internalise the cost of these emissions.

While the CPM is commonly perceived to be directed at the mining and electricity sectors, the impact of the CPM will be felt more broadly.  For this reason, it is important for financiers and investors to be aware of the design of the CPM and to understand how this mechanism may affect their customers and their investments.

Alert – Government to effectively abolish LAFH concessions for most foreign employees, from 1 July 2012
1 December 2011

On Tuesday, 29 November 2011, as part of its Mid-Year Economic and Fiscal Outlook 2011-12, the Federal Government announced a package of changes intended to raise A$11.5 billion in new revenue and savings.

Alert – Draft carbon pricing mechanism legislation released
28 July 2011

Today, the Federal Government released for public comment the exposure draft of its proposed legislation for the carbon pricing mechanism (CPM). Submissions on the draft legislation are due by Monday, 22 August.

Alert – Australia's Proposed Carbon Pricing Mechanism – Issues for Business
13 July 2011

The Federal Government's long-awaited Climate Change Plan, announced on 10 July 2011, incorporates a range of mechanisms and initiatives:

  • a Carbon Pricing Mechanism (CPM); 
  • substantial funding for renewable and clean energy;
  • energy efficiency initiatives; and 
  • assistance packages for certain entities that will be affected by the CPM.

Although important elements of the Climate Change Plan are identified and discussed below, this news alert focuses primarily on the Government's proposals for the CPM.