Oceania: Energy and Natural Resources

The Supreme Court has confirmed that the threshold for establishing nuisance remains high, and that factual causation will be difficult to establish when there are multiple factors contributing to an incident.

Treasury's latest consultation on Australia's Sustainable Investment Product Labelling regime introduces mandatory consumer-facing disclosures and asset-based thresholds for financial products marketed with sustainability claims. The proposed framework aims to combat greenwashing while providing retail investors with clearer information about the sustainability characteristics of their investments. Meanwhile, new gender equality targets take effect for large employers, and multiple statutory reviews are res

Australia’s data centre sector is entering a new phase of regulatory oversight. Following our previous article on data centre usage and modular development, including the associated energy and cost benefits, the federal government’s recent announcement of a national interest framework for data centres and AI infrastructure is a timely introduction.

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.

A key constraining factor for Australia’s energy transition is the need to convert increasingly complex and interdependent market, regulatory and infrastructure signals into bankable project structures which deliver internationally competitive returns – and to do so at scale and speed.

Critical minerals policy is shifting from a focus on export opportunity to a question of national security, energy resilience and regulatory control. As global demand accelerates and nuclear power is repositioned as a strategic energy source, Australia’s export‑focused and restrictive uranium framework is under increasing pressure.

The State Development and Public Works Organisation (Critical Minerals) and Other Legislation Amendment Bill 2026 (the Bill) has passed the Queensland Parliament.

Special counsel Mark Cowan shares his journey to Cooper Grace Ward after nearly two decades in property, planning and environment law, discussing what attracted him to the firm's collaborative culture. The conversation explores how planning and environment law has transformed into a dynamic field spanning urban development, renewables, infrastructure, agriculture and mining, while examining the persistent challenge of delivering infrastructure efficiently amid shifting government policies.

Planning and environmental reforms are reshaping not just approval pathways, but where decision‑making power sits, how legitimacy is earned and how competing policy priorities collide in the delivery of Australia’s next wave of priority projects. The central challenge is no longer speed alone, but whether accelerated delivery can be sustained without undermining confidence, coordination and long‑term outcomes.

If Australia fails to resolve the power equation, we risk slowing AI adoption, delaying cloud migration and pushing investment offshore.

How this framework will apply to BESS projects and what developers and local governments need to be aware of.

New Zealand will benefit most if the new system is both workable and enduring.