Mining Sector Update – Australia and Papua New Guinea: September Edition

Greenwashing litigation in Australia has entered a new phase. Until now, these cases have been brought by regulators, shareholder groups and advocacy organisations. A consumer class action has now been filed in the Federal Court against AGL Energy Limited (AGL) – the first greenwashing class action in Australia.

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.

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

Queensland's proposed mining reforms aim to streamline environmental assessment by removing duplication between mining lease and environmental authority processes, while introducing discretionary Land Court referrals and refined objection rights. The Bill proposes significant changes to who may object to mining applications and on what grounds, potentially affecting mining entities, landholders, and community stakeholders across the state.

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.

Australia's energy storage market is expanding rapidly, yet long-duration energy storage (LDES) faces a critical financing challenge. While the technical need for storage systems capable of discharging for eight hours or more is widely accepted, the market does not yet fully reward the reliability, resilience and system benefits these projects provide, creating a gap between capital costs and available revenue that threatens bankability.

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.

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.

The Queensland Government has launched a comprehensive review of its Financial Provisioning Scheme for the resources industry, examining whether the current framework adequately balances environmental rehabilitation risks with industry growth and investment opportunities. Stakeholders from across the mining sector, investment community, and landholders are invited to provide feedback on the scheme's effectiveness and potential improvements.

Australia's privacy regulator has issued final guidance on new transparency obligations for automated decision-making systems. From December 2026, organisations using computer programs—including AI, algorithms, and everyday software—to make or inform significant decisions about individuals must disclose these practices in their privacy policies. The guidance reveals a broader compliance burden than many expect, particularly for businesses using automated tools across recruitment, pricing, credit

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 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

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...

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...

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 NSW Government has released a comprehensive data centre policy framework establishing new guidelines for electricity network connections, planning approvals, and environmental standards. These reforms require data centres to contribute to network infrastructure costs, procure renewable energy, and demonstrate demand flexibility while offering streamlined approval pathways for compliant projects.

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.

The Court of Appeal has upheld a landmark decision requiring the Australian Tax Office to return settlement payments totaling approximately $15 million that were funded by proceeds from a breach of fiduciary duty.

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).