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All the latest news from Energy & Resources Law

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What happened at COP 16 and COP 29

This month saw the 16th Conference of the Parties to the United Nations Convention on Biological Diversity (COP16) and the 29th Conference of the Parties to the United Nations Convention on Climate Change (COP29). Both events focused on the urgency of collective efforts to combat biodiversity loss and climate change, with significant developments reached on both fronts.

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Recent legislative updates in Queensland

As the pressures of climate change and the energy transition continue to escalate, the Queensland government has introduced a new suite of laws aimed at bolstering resource management and enhancing environmental protection. These legislative changes reflect a growing commitment to foster development and balance economic growth with ecological preservation.

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Regulatory action on greenwashing

Greenwashing is an enforcement priority for regulators in Australia, including ASIC and ACCC. 

In the recent case of ASIC v LGSS Pty Ltd [2024] FCA 587 (Active Super case), ASIC was successful against the trustee of Active Super. In this case Active Super was found to have made false or misleading representations that it did not invest in certain sectors or activities. The purpose of these representations was to promote the superannuation fund’s ESG credentials. The court found that Active Super did actually invest in those sectors either directly or indirectly through its investment funds. 

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Future Gas Strategy

The Future Gas Strategy was released on 9 May. Gas continues to be important to Australia through the energy transition with natural gas currently meeting 27% of our energy needs and nearly 20% of export income. The Minister for Resources, Madeleine King, highlights in the document that gas is a transition fuel that is required until renewable alternatives are viable. She also highlights the need for greenhouse gas emissions associated with gas to decline, abated or offset. In line with this the Strategy anticipates that demand for gas may increase until alternative energy sources are available but by 2050 demand is expected to be significantly reduced. 

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The Federal Budget: A Future Made in Australia

On Tuesday May 14, Dr Chalmers delivered the Federal Budget for 2025. A central part of the budget was the Future Made in Australia initiative which committed $22.7 billion over the next decade to attract investment and propel Australia as a renewable energy superpower globally. This is aimed at accelerating investment in priority industries that include critical minerals processing, renewable hydrogen, low carbon liquid fuels, green metals (which include some commodities produced using low-carbon technologies) and the manufacturing of clean energy technologies.