Archive: November 2014

1
Renewable Energy Tax Incentives At Risk in Lame Duck
2
New South Wales Government passes new laws giving electricity network operators additional powers for bush fire prevention
3
World Bank Publishes New Findings on Doing Business in Africa
4
2014 Election Guide: A Guide to Changes in Congress
5
Australia: NSW State Government announces funding for community owned renewable energy projects

New South Wales Government passes new laws giving electricity network operators additional powers for bush fire prevention

The New South Wales parliament has recently passed an act amending the Electricity Supply Act 1995 (NSW) to give special powers to electricity network operators in relation to bush fire prevention on bush fire prone land that is privately owned.

The Electricity Supply Amendment (Bushfire Hazard Reduction) Act 2014 (Amendment Act) provides that a network operator may give the owner or occupier of privately owned bush fire prone land a written direction requiring the owner or occupier to carry out bush fire risk mitigation work on vegetation or aerial consumer mains (being privately owned powerlines) on the land in several circumstances, including where the network operator has determined that the vegetation could make the network operator’s electricity works or aerial consumer mains become a potential cause of bush fire or where a fault in the aerial consumer mains could make them become a potential cause of bush fire. 

A landowner will have 30 days to respond to a direction and must complete the required work within 60 days after the direction is given.  Network operators are authorised to enter premises and do the required work if an owner fails to comply with a direction.

Significantly, directions given under the new provisions override requirements under other legislation to obtain a consent or authorisation prior to carrying out certain work (including clearing vegetation) as the Amendment Act specifically provides that work required to be done under a direction will not require development consent under the Environmental Planning and Assessment Act 1979 (NSW) or an approval or consent under certain other legislation, including the Native Vegetation Act 2003 (NSW).

The Amendment Act also addresses responsibility for the costs of complying with a direction – which will be the responsibility of the landowner in some circumstances and the network operator in others.

World Bank Publishes New Findings on Doing Business in Africa

President Obama’s Power Africa Plan, ongoing energy procurements and other developments have made Africa an increasingly attractive market for developers of energy projects.  For energy companies that are doing business in Africa or are considering developing a project in an African country, the latest K&L Gates Africa Legal Insight offers a review of the World Bank’s new findings on the subject. Read More

2014 Election Guide: A Guide to Changes in Congress

Riding a wave of voter discontent, Republicans in the mid-term election took control of the U.S. Senate and increased their majority in the House.  The results offer an opportunity for collaboration between the Congress and the Obama Administration, and to restart the legislative process.

To help you assess yesterday’s election, K&L Gates has prepared a comprehensive guide that summarizes the results and their impact on the 114th Congress, which will convene in January. The Election Guide lists all new members elected to Congress, updates the congressional delegations for each state, and provides a starting point for assessing the coming changes to the House and Senate committees.

Please click here to download the most up-to-date version of the 130 page Election Guide, which will be updated on an ongoing basis as more of the close races are called and committees are finalized. For additional information regarding the effects of the recent elections, please contact Tim Peckinpaugh or any member of the Public Policy and Law practice.

To view the complete guide online, click here.

Additional Resources

Further insights on the implications of the mid-term elections can be found in two recent webinars featuring members of the K&L Gates policy team. See the links below.

Election 2014: Its Impact on Federal Policy-Making in 2015

Australia: NSW State Government announces funding for community owned renewable energy projects

In Australia, the New South Wales State Government recently announced that it would make funding available for community owned renewable energy projects by way of Government grants known as Growing Community Energy Grants. A total of up to $AUD700,000 has been allocated for these grants.

The Growing Community Energy Grants are designed to support and assist community renewable energy projects or community energy efficiency projects in their early stages by minimising the initial administrative costs often associated with such projects. Accordingly, any funding awarded to a project may be used only for the project development stage (including social and technical feasibility studies, planning, securing host sites and engaging with local communities) and not for capital expenditure, construction or operational costs.

Read More

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