Environmental Law



Environmental Law

Contact: Andrew Shute, Partner and Johanna Kennerley, Senior Associate; Carter Newell (Queensland, Australia)

Update: Further to our May 2014 newsletter entitled ‘Water fight leaves Reed barely afloat’, the Land Court has released its decision from Mr Reed’s appeal of an order requiring him to pay a portion of QCoal’s costs.

To read the full article click here or visit www.carternewell.com

Contact: James Plumb, Partner and Dunan Lomas, Solicitor; Carter Newell (Queensland, Australia)

In the recent case of Baldwin & Anor v Icon Energy Ltd & Anor [2015] QSC 12, the Queensland Supreme Court has provided useful consideration of the enforceability of an agreement to negotiate.

To read the full article click here or visit www.carternewell.com

Contact: James Plumb, Partner and Jasmine Wood, Solicitor; Carter Newell (Queensland, Australia)

The Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) (Common Provisions Act) was passed by the Queensland Parliament last month. The Common Provisions Act has now received assent and will come into effect on a proclamation date yet to be fixed.

The passage of the Common Provisions Act represents a key milestone in the Government’s Modernising Queensland Resource Act Program, a self-proclaimed flagship reform initiative for the resources industry. The ultimate goal of the program is to consolidate various legislative instruments1 that currently govern different elements of the Queensland resources sector (including mining, oil and gas, geothermal energy and greenhouse gas storage activities) with a single Act.

Read more: Common Provisions Act – Implications for Land Access and Compensation

Contact: William Brady; Spencer Fane Britt & Browne LLP (Missouri, USA)

According to a new study in the journal, Science, an increase in the number of earthquakes in central Oklahoma likely arises from the use of underground injection wells to dispose of treated wastewater from oil and gas fracking operations. The study, funded in part by the U.S. Geological Survey (“USGS”)and the National Science Foundation (“NSF”), focused on Oklahoma earthquakes and injection well practices. The research was led by Cornell University and included researchers from the University of Colorado, Boulder.


Read more: New Study in the Journal Science Affirms Underground Injection from Fracking Causes Earthquakes

Contact: Piotr Spaczyński and Anna Piotrowska; SSW Spaczynski, Szczepaniak i Wspolnicy S.K.A.

In May 2014, the Ministry of Environment prepared guidelines concerning the procedure of comparing competitive applications for deposit prospecting or exploration concessions (except for hydrocarbons). The document was approved by the Chief Geologist of Poland. By introducing certain principles for the staff handling the competitive application procedure, the guidelines are intended to unify the practice of the concession authorities in the area of the evaluation of competing applications. The guidelines apply to all procedures initiated after their enforcement, i.e. 8 May 2014.

Read more: Poland's Ministry of Environment Guidelines on Competitive Application Procedure