Energy and Resources

MinterEllison has one of the largest specialist energy and resources legal practices in the Asia Pacific with more than 100 lawyers across Australia, New Zealand, and Asia. Our strength is to combine lawyers from various offices in virtual teams to work with international and domestic clients who are operating across borders.

We work in the electricity, mining and metals, oil and gas, climate change, native title and water sectors throughout the Asia Pacific region.

31 March 2017

In Australia, several emerging contaminants are increasingly being detected at a range of operational sites. These contaminants are the perfluorinated chemicals (PFCs) (which include the most common perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA)). PFCs have rapidly been gaining regulatory and media prominence in Australia (and globally), being chemicals which are very widely used in 'fire-fighting foam' chemicals at a range of premises.

3 August 2016

Now that all State budgets have been handed down it is timely to review how mining royalties are charged and the royalty rates that are payable across Australia. In our report, we reflect on those changes and in tables, summarise the current royalty rates for several important minerals across several States and Territories, demonstrating the differing royalty calculations and rate application across Australia.

23 October 2015

The Chevron case (Chevron Australia Holdings Pty Ltd (CAHPL) v Commissioner of Taxation) concerned the transfer pricing implications of a Credit Facility Agreement between CAHPL and Chevron Funding Corporation Inc, a Delaware based, wholly owned subsidiary of CAHPL. The central issue in the case was whether interest charged by CFC to CAHPL under the Credit Facility exceeded the arm's length amount.

22 September 2015

The Australian Energy Market Commission (AEMC) has published a draft proposal to change the rules that govern rebidding in the national electricity market. The proposed amendments would replace the existing rule which requires offers, bids and rebids to be made in good faith, with a new rule that prohibits offers, bids and rebids that are false, misleading or likely to mislead; and require rebids to be made as soon as practicable after a generator or market participant becomes aware of the change in material conditions or circumstances that has prompted the rebid.

17 September 2015

The immediate deduction for the cost of acquiring mining rights and mining information first used for exploration was removed for M&A acquisitions after 14 May 2013 by the Tax and Superannuation Laws Amendment (2014 Measures No.3) Act 2014 (2014 amendments). The 2014 amendments limited the availability of immediate deductions to those taxpayers carrying out mining exploration themselves, and otherwise provided that the costs of acquiring these rights would be depreciable over the shorter of its effective life or 15 years, assuming the 'first use' test was met. This had the anomalous and unintended effect of producing taxation consequences for farm-in farm-out (farm-out arrangements) and interest realignment arrangements which were previously tax neutral. On 16 September 2015, the Government effectively reinstated the tax neutral status of these arrangements with the enactment of the Tax and Superannuation Laws Amendment (2015 Measures No. 2) Act 2015 (No. 130 of 2015) ('the new law').