LEGAL HIGHLIGHTS OF 1999

Abstract

In 1999 there were a number of significant legislative and judicial developments which affected the petroleum industry. Among these, the more significant included:

the commencement of a national review of Australia’s off-shore petroleum legislation1 against competition policy principles;

the disallowance by the Federal Senate of the Northern Territory’s alternative right to negotiate (RTN) regime;

further shifts towards underground gas storage for commercial purposes;

the release of draft legislation to replace the Cultural Record (Landscapes Queensland and Queensland Estate) Act; and

the High Court’s2 decision in Yanner v Eaton.

Legislative reform continues to be one of the key issues facing the Australian petroleum industry. Recent events concerning the Northern Territory’s and Queensland’s alternative RTN regimes suggest that replacement of the Commonwealth’s RTN regime with alternative State-based regimes is increasingly unlikely, at least while the Senate remains so constituted. Apart from the uncertainties associated with native title, the industry must also contend with ongoing reform of both cultural heritage and petroleum legislation.

The challenges for the petroleum industry in the year 2000 will therefore be to persevere whilst continuing to participate in and contribute to the various review processes.