Emissions trading and tax: a trans-Tasman perspective

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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
Minter Ellison Alert | Clean Energy Scheme reporting - Your time is nearly up
19 March 2013

Entities that emit large quantities of greenhouse gases or with a liability under the carbon pricing mechanism must report an interim emissions number and surrender eligible emissions units by 17 June 2013.

Minter Ellison Alert | Update on the Validity of the Independence of CIETAC Shanghai and SCIA
16 January 2013

On 31 December 2012, the China International Economic and Trade Arbitration Commission (CIETAC), a foreign-related arbitration commission set up by the China Council for the Promotion of International Trade (also known as the China Chamber of International Commerce) (CCPIT), released its Announcement on Issues Concerning CIETAC Shanghai Sub-Commission and CIETAC South China Sub-Commission" (the Latest Announcement). This is the latest development in a dispute, which has been on foot since April 2012, between CIETAC, the Shanghai Sub-Commission of CIETAC (CIETAC Shanghai), and the Shenzhen Court of International Arbitration (SCIA) (the CIETAC Dispute). SCIA was known as the South China Sub-Commission of CIETAC before 22 October 2012.

Minter Ellison Alert | Sustainability in action: The Australian Food and Grocery Council's Sustainability Commitment
20 December 2012

The Australian Food and Grocery Council recently released its Sustainability Commitment report for 2010-11 setting out its key objectives and targets for improving sustainability in the food & beverage and grocery industry. We highlight these objectives and targets and review the national legislative and policy underpinnings of the Sustainability Commitment in the key areas of water, waste, energy & emissions, packaging and procurement.

Does the carbon price settle the energy question?
14 June 2012

After a failed attempt by the Rudd government to implement its carbon policy through the Carbon Pollution Reduction Scheme, the Gillard government has provided some certainty by introducing the carbon price mechanism through the Clean Energy Legislative Package. Paul Wentworth and Craig Bowie examine the carbon price mechanism.

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.