Our experienced lawyers share their unique perspectives on the latest market news and trends. Moulis Legal and our lawyers are highly ranked by respected peer review agencies Chambers & Partners, Who’s Who Legal and Best Lawyers. Our recognitions include consistent Band 1 recognition by Chambers & Partners Asia Pacific, and as one of Australia’s top 20 law firms (Chambers & Partners, 2015).
Compliance with contaminated land regulations is a critical issue for all businesses operating environmentally sensitive operations. Business owners and operators within the downstream petroleum industry are particularly vulnerable to contaminated land liability and those who fail to understand their obligations may find themselves liable for not only extensive remediation work but also for heavy penalties.
Contaminated land is a critical issue for land holders, purchasers, sellers, business operators and developers of land, particularly those with environmentally sensitive operations. Contamination liability has the potential to make an otherwise attractive investment or business commercially unviable.
An amendment to Australia’s export sanctions regulations will give the Minister for Foreign Affairs greater flexibility in amending the scope and application of autonomous sanctions. For businesses doing business in or with any of the 10 regions to which Australia has currently applied autonomous sanctions, these new powers mean that certain actions and activities potentially can be withdrawn from the scope of the existing sanctions regime.
Contaminated land is a critical issue for many businesses. Risk management, regulatory compliance and contractual protections are essential for businesses that use or impact on land, including land holders, land purchasers and sellers and businesses with environmentally sensitive operations.
Enforcement of Australia’s key military and dual-use goods export legislation – the Defence Trade Controls Act 2012 (“DTCA”) – has been pushed back by another year, until 2 April 2016. Businesses should take advantage of this delay to get acquainted with Australia’s new, US-inspired export control system, to ensure that they do not run afoul of these new, broad-reaching licensing requirements.
Incentives to enter into leases are consistently offered by landlords trying to secure tenants in today’s commercial property markets. The only questions are how much of an incentive the landlord will provide the tenant, and in what form, and what the landlord will get in return. Landlords want to ensure that any incentive offered to a potential tenant will provide an appropriate return in terms of future rent and lease compliance by the tenant. So when a tenant who has benefitted from an incentive either breaches the lease or wants out of the lease, what can a landlord do to recover its investment in the incentive?
This week the Australian Senate has referred an inquiry into non-conforming building products to the Senate Economics References Committee. The committee’s report is due on 12 October 2015. The terms of reference require the committee to investigate the economic impact of non-conforming products, and their impact on safety, costs and quality of construction.
Changes to the Heavy Vehicle National Law have been introduced by the Queensland Government that will apply to heavy vehicle operators in New South Wales, Victoria, South Australia, Tasmania and the Australian Capital Territory. The changes will impact on the operation of electronic diaries and increase and harmonise certain penalties under the Heavy Vehicle National Law. Moulis Legal’s Christopher Hewitt and Macky Markar provide a summary of the changes.
The Queensland Government has released its discussion paper proposing the introduction of an ethanol mandate in Queensland. The discussion paper – Towards a Clean Energy Economy: Achieving a Biofuel Mandate for Queensland – sets out the parameters of the proposed system. It announces the Government’s preference for a 2% ethanol mandate commencing on 1 July 2016.
The proposal by the Federal Government to relinquish planning control over presently undeveloped land to the west of Canberra has sparked strong debate. The land – on both sides of the Molonglo and Murrumbidgee River corridors, and in Namadgi National Park and the western Tuggeranong Valley – is presently locked away from development because of National Capital Authority (“NCA”) controls. If these were to be removed or loosened, then there is every prospect that the local ACT Government will move to revise its own controls to permit suburban development.