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Articles by Leanne O’Neill
Biosecurity management plans for mining and resource companies and landowners
The importance of biosecurity laws Biosecurity outbreaks can have devastating consequences for human health, animal welfare, the environment and industry profitability. In Queensland, a strong yet complex legal and regulatory framework is in place to prevent such outbreaks. Navigating these laws can be challenging, but understanding them is crucial for all stakeholders.
Biosecurity management plans for mining and resource companies and landowners
The question of whether resource companies must adhere to a landowner’s biosecurity management plan has been a topic of significant legal scrutiny. This issue was recently examined by the Chief Justice of Queensland in the notable case of Lang v Westside Corporation Pty Ltd. Our comprehensive article delves into the legal intricacies and ramifications of this decision.
A BIG WINNER IN OUR EYES…
Enjoy family holidays in comfort! This 16ft luxury off-roader from Ezytrail has everything you need for a breeze on the road. The enjoyment starts with the setup, a simple push of a button will have the electronic pop top set up in no time. Inside, along with the queen pillow-top bed, is a great-sized set of convertible bunks for the kids. When not in use, the bunks can easily be converted into a soft-touch lounge for the family to enjoy. The new ZV4800 offers a separate toilet and shower.
Igniting success through bushfire managements plans – why you should have one - Land Law & Agriculture - Australia
A bushfire management plan may be viewed as optional for many landholders, but neglecting your fire management obligations may put you and your business at significant risk. Discover the crucial reasons why the implementation and adherence to a bushfire management plan are important to safeguard you and your business. Managing any land that carries bushfire risks brings a spectrum of responsibilities.
CGW’s Scott Hay-Bartlem reappointed as Chair of SMSF Association
Cooper Grace Ward private clients partner, Scott Hay-Bartlem, has been reappointed as Chair of the SMSF Association for another two-year term. Scott was appointed as a director of the Association in mid-2019, having practiced SMSF law for nearly three decades. Scott was then appointed as Chair of the Association in February 2022.
Podcast: TaxLand with Fletch and Sarah – Engaging subcontractors? Beware the employment agent provisions in payroll TaxLand! - Cooper Grace Ward
Do you engage subcontractors? Are those contracts exempt from payroll tax? Have you checked the employment agent provisions? The recent stream of cases show that the employment agent provisions are not just for employment agents or labour hire companies. In this episode of Taxland, Fletch Heinemann and Sarah Lancaster chat about circumstances when payroll tax applies to genuine subcontract arrangements.
Igniting success through bushfire managements plans - why you should have one
A bushfire management plan may be viewed as optional for many landholders, but neglecting your fire management obligations may put you and your business at significant risk. Discover the crucial reasons why the implementation and adherence to a bushfire management plan are important to safeguard you and your business. Managing any land that carries bushfire risks brings a spectrum of responsibilities.
Business sales and Australian Consumer Law disputes – when will a court grant relief? - Cooper Grace Ward
In the recent case of Babstock Pty Ltd v Laurel Star Pty Ltd (No 5) [2024] QCA 3, the Queensland Court of Appeal considered the circumstances surrounding the sale of a real estate business and allegations by the buyer that the seller had contravened the Australian Consumer Law (ACL). The case is a recent example of a common scenario where misleading statements may not necessarily entitle a party to relief from a court.
It Depends - What are some alternative uses for a binding financial agreement?
In this edition of ‘It depends’, special counsel Steven Jell talks about financial agreements and their alternative uses. Steven, along with Craig Turvey, will be covering this topic in more detail during their session ‘The many uses of financial agreements’, at our Annual Adviser Conference on 21 and 22 March. Register now to attend live at Sofitel Brisbane or virtually. Video transcript Hi, and welcome to another edition of It depends.
ATO publishes guide for NFP self-review returns
As of 1 July 2023, not-for-profit (NFP) entities with an active Australian Business Number that self-assess as income tax exempt are required to lodge a self-review return, starting with the 2023-24 income year. We previously reported on this change in May 2023 and urged NFPs to review their activities and the basis for their self‑assessment and to prepare for the new reporting requirement.
An effective regulatory framework for Queensland’s hydrogen industry - Queensland Government issues consultation paper
The global demand for hydrogen is expected to nearly double between 2021 and 2030. According to the International Energy Agency’s 2022 World Energy Outlook, Australia is expected to become the second largest net-exporter of low emissions hydrogen by 2030 and the largest by 2050. In Queensland there is increasing interest from local and global hydrogen proponents seeking to establish large scale production for export markets, with over 50 hydrogen projects currently underway across the state.
It Depends - Do I need to update my superannuation fund trust deed?
In this edition of ‘It depends’, lawyer Nathan Rutherford talks about whether you need to update your superannuation trust deed. Nathan, along with Sacha Robinson and Steven Cawood, will be covering this topic in more detail during their session ‘Trust deed update – how to know …’, at our Annual Adviser Conference on 21 and 22 March. Register now to attend live at Sofitel Brisbane or virtually. Video transcript Hi. Welcome to It depends.
Growing green: navigating the path to net zero in agribusiness
So far, only the largest polluters in the private sector are subject to carbon emission regulation under the Climate Change Act 2022. However, with pressure mounting to extend the reach of the legislation in order to achieve 'net zero' carbon emissions by 2050, it is only a matter of time before other businesses – including agribusiness – will be required to take further action. Which Australian businesses are currently subject to carbon emission regulation?
Growing green: navigating the path to net zero in agribusiness
So far, only the largest polluters in the private sector are subject to carbon emission regulation under the Climate Change Act 2022. However, with pressure mounting to extend the reach of the legislation in order to achieve ‘net zero’ carbon emissions by 2050, it is only a matter of time before other businesses – including agribusiness – will be required to take further action. Which Australian businesses are currently subject to carbon emission regulation?
Powering the future: new legislation to boost Queensland’s renewable hydrogen industry
The legislative changes proposed in the Gas Supply and Other Legislation (Hydrogen Industry Development) Amendment Bill seek to provide a clear regulatory framework for the development, production and distribution of renewable hydrogen in Queensland. Ratification of the Bill is a crucial step in the expansion of the industry. Queensland’s role in renewable hydrogen Queensland has potential to be among the world’s largest producers and exporters of renewable hydrogen.
‘Clean earth’ waste levy exemptions removed under proposed reforms
Topics: Agribusiness, Construction and infrastructure, Energy and resources, Planning and environment, Property and planning law, Transport and logistics In a change to Queensland waste legislation that will have ramifications for the development industry, disposing of ‘clean earth’ at a landfill facility from 1 July 2023 will incur payment of the waste levy at the general rate per tonne.
‘Clean earth’ waste levy exemptions removed under proposed reforms
In a change to Queensland waste legislation that will have ramifications for the development industry, disposing of ‘clean earth’ at a landfill facility from 1 July 2023 will incur payment of the waste levy at the general rate per tonne. The Waste Reduction and Recycling and Other Legislation Amendment Bill 2023, introduced on 22 February 2023, removes the ‘clean earth’ levy exemption, treating ‘clean earth’ in the same way as any other form of waste.
Could carbon credits be an additional source of income for you?
By registering an eligible offsets project, you can earn carbon credits and generate income alongside your current activities. The Australian Carbon Credit Unit (ACCU) scheme was established in 2011 in a national attempt to incentivise reduction of greenhouse gas emissions. Registration of a project with the Emissions Reduction Fund allows project proponents to earn ACCUs, which can then be sold to generate income.
Could carbon credits be an additional source of income for you?
Topics: Agribusiness, Energy and resources, Planning and environment By registering an eligible offsets project, you can earn carbon credits and generate income alongside your current activities. The Australian Carbon Credit Unit (ACCU) scheme was established in 2011 in a national attempt to incentivise reduction of greenhouse gas emissions. Registration of a project with the Emissions Reduction Fund allows project proponents to earn ACCUs, which can then be sold to generate income.
Major cultural heritage reforms move a step closer
Momentum continues to build towards a major reform of cultural heritage laws in Australia. While the nature and timing of reforms, and practical implications for stakeholders, remain unclear, the changes will undoubtedly result in greater federal government involvement in cultural heritage protection (rather than the current state-based approach). The need for reform to better protect Aboriginal and Torres Strait Islander cultural heritage is widely accepted.
Major cultural heritage reforms move a step closer
Topics: Agribusiness, Energy and resources, Native title and cultural heritage, Planning and environment, Property and planning law Momentum continues to build towards a major reform of cultural heritage laws in Australia. While the nature and timing of reforms, and practical implications for stakeholders, remain unclear, the changes will undoubtedly result in greater federal government involvement in cultural heritage protection (rather than the current state-based approach).
Minister extends the currency and completion periods for development approvals in Queensland for the third time since the beginning of the COVID-19 pandemic - Construction & Planning - Australia
On 29 April 2022, the Minister for State Development, Infrastructure, Local Government and Planning issued a Notice extending the currency and completion periods of current development approvals under the Planning Act 2016 by a further 12 months. The Notice applies to all development approvals current as at 29 April 2022, as well as those granted (and that took effect) on or before 24 June 2022 (unless revoked earlier).
Koala conservation status elevated
Australia: Koala conservation status elevated 08 March 2022 by Cooper Grace Ward Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On 10 February 2022, Federal Environment Minister Sussan Ley made the decision to elevate the status of koalas under the Environment Protection Biodiversity Conservation Act 1999 (Cth) (EPBC Act).
Who, what, where with Leanne ONeill
Australia: Who, what, where with Leanne ONeill 23 June 2021 Cooper Grace Ward Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Click below for Who, what, where video with partner Leanne O'Neill from the Property, planning and environment team. © Cooper Grace Ward Lawyers Cooper Grace Ward is a leading Australian law firm based in Brisbane. This publication is for information only and is not legal advice.
Mining leases: environmental liability of office holders, receivers and liquidators
To print this article, all you need is to be registered or login on Mondaq.com. The Environmental Protection Act 1994 (Qld) (EPA) imposes duties to prevent environmental harm. There are significant penalties for contravention. This is a concern for directors, employees, and secured creditors as well as receivers, voluntary administrators and liquidators appointed to a mining company.
Environmental chain of responsibility – do you know your obligations? - Environment - Australia
Australia: Environmental chain of responsibility – do you know your obligations? 17 March 2021 Cooper Grace Ward Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The amendments to the Environmental Protection Act 1994, which established the environmental chain of responsibility laws in Queensland, have been in place for nearly five years. However, the legislation is continually evolving.
Queensland unlocks new coal and gas exploration acreage
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Queensland unlocks new coal and gas exploration acreage - Cooper Grace Ward | Lexology
Australia
February 11 2020 The Queensland Government has released more than 7,000 km² of land for petroleum and gas and coal exploration.
Mining safety reforms to establish independent regulator | Lexology
Australia
September 6 2019 Dr Anthony Lynham, Minister for Natural Resources, Mines and Energy has introduced legislation to Parliament to establish an independent safety and health regulatory body funded by a levy on Queensland resources companies.
Vegan activism - sometimes more harm than help | Lexology
The recent arrests of vegan activists in Melbourne, Milmerran and Yangan and the subsequent legislative changes highlight the need for farmers and landowners to implement biosecurity management plans on their properties to prevent a biosecurity event and a breach of the biosecurity obligations that exist across Australia.
Further exploration acreage released in QLD following coal reserves upgrade | Lexology
Australia
February 7 2019 While announcing the recent round of successful tenders for the exploration of coal and minerals in Queensland, Minister for Natural Resources, Mines and Energy, Dr Anthony Lynham, declared more land open for exploration across the State. The move to unlock further land for exploration follows a recent geological report commissioned by the Queensland Government that substantially upgraded coal reserve estimates across the State’s coal provinces.
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