Mining sector update: September edition

Many industrial customers face rising energy costs, among other challenges. We look at examples of government support provided so far.

The NSW Government has doubled the objection threshold for electricity generating works to be referred to the Independent Planning Commission (IPC) and removed objection-based IPC referral for battery energy storage systems altogether. These changes seek to materially reduce approval risk for proponents across the energy sector.

The article includes key considerations, what your business needs to comply and some tips on the changes in legislation.

Pastoralists should identify the water and operational assets that matter to the station before activity begins, then ensure any access or commercial agreement clearly deals with monitoring, disruption, rehabilitation, liability and review. The legal position will depend on the mining or exploration licence (as the case may be), the pastoral lease, government policy, approvals and proposed activity, but early preparation gives a family stronger footing in discussions.

The Request for Proposal (RFP) stage of Australia’s first offshore wind auction opened in Victoria on 26 August 2026.

Default offers in Australia's retail electricity market were designed to eliminate loyalty penalties and simplify plan comparisons, but how exactly do regulators calculate these price caps? The Australian Energy Regulator and Essential Services Commission now employ similar bottom-up methodologies that stack various cost components to determine what a prudent retailer would need to charge a representative customer.

In early 2012 the NZ Government proposed selling up to 49 per cent of shares in Government owned hydropower companies.

In May 2020, Rio Tinto, an Anglo-Australian multinational mining company and the world's biggest iron ore miner, destroyed two ancient caves in Pilbara, Western Australia.

Utility organizations face mounting pressure to address customer hardship through comprehensive ecosystem changes. This analysis explores how utilities can implement interventions across individual, organizational, and systemic levels to create meaningful impact. The framework presented offers a multi-layered approach to transforming reactive support into proactive, system-wide solutions.

The Queensland Government has released five new areas of land totalling 1,459km2 in Queensland's Bowen and Surat basins for petroleum and gas exploration.

Australia's Privacy Act reform has reached a critical milestone with the release of exposure draft legislation proposing fundamental changes to how organisations handle personal information. The reforms introduce a new 'fair and reasonable' test for data collection and use, a right of erasure for large digital platforms, strengthened consent standards, a statutory controller/processor framework, restrictions on trading personal data, and enhanced data breach obligations. These changes come at a time when em

The Australian Taxation Office has issued its final ruling on cross-border software payments, dramatically expanding what constitutes a royalty subject to withholding tax. With retroactive application to July 2021 and a broad interpretation of copyright law, multinational companies face significant compliance risks and potential exposure across software distribution, cloud services, and digital intermediation arrangements.

The Australian Government's exposure draft proposes a proactive, systems-based digital duty of care for online service providers, requiring them to ensure a 'safe online environment' so far as reasonably practicable.

Australia's Department of Climate Change, Energy, the Environment and Water has released consultation papers outlining the regulatory framework for the final phase of environmental protection reforms under the EPBC Act. With submissions closing on 13 October 2026 and implementation scheduled for 1 December 2026, these reforms will fundamentally reshape how projects are assessed and approved, introducing streamlined pathways...

Australia's digital regulatory landscape is undergoing a fundamental transformation, with the proposed digital duty of care joining a complex web of reforms including Privacy Act amendments...

The Australian Securities and Investments Commission (ASIC) has issued an open letter to all AFS licensees and market participants calling for urgent action to strengthen cyber resilience in response to the evolving threat posed by artificial intelligence models (the ASIC Letter).

APRA and ASIC have issued coordinated guidance on frontier AI risks, requiring financial services boards to demonstrate direct oversight of AI governance, cyber resilience and third-party dependencies. The regulators' expectations build on existing prudential standards and directors' duties, with enforcement signals indicating that proportionate action must be taken before incidents occur.

Mandatory minimum classifications for games that contain gambling-like content.

Prime Minister Albanese's speech on 15 July 2026 marked a decisive shift in Australia's approach to artificial intelligence, from voluntary guidance to mandatory national regulation. The announcement establishes Australian Standards for AI, copyright licensing requirements, a national planning framework for data centres, energy obligations, and workplace protections—all underpinned by the concept of sovereign AI.

The ICC is calling on governments to launch new e-commerce negotiations ahead of the WTO next Ministerial Conference.