Dr. Madeline Taylor

This submission identifies a number of inadequacies in Equinor’s environmental plan, which require further investigation before any final approval by NOPSEMA is granted. Most importantly, the report argues that NOPSEMA has the power to deal with the matters raised in the submission. The submission is intended to be constructive and, as far as possible, to take into account the legal framework within which NOPSEMA operates.

Energy security is a transitional concept heralding from traditional principles focused on security of
supply. Onshore conventional and unconventional gas reserves have played an integral role in
Australia’s energy security since its commercial production commenced in the Cooper Basin Region
in 1969. However, since 2015, the staggering increase in liquefied natural gas (LNG) exports, earning
Australia its title as the second largest global LNG exporter, has heightened competition for gas
supply in the Australian East Coast Gas Market (ECGM). This article examines whether the recently
enacted Australian Domestic Gas Supply Mechanism (ADGSM), in imposing controls on LNG
exports, marks a shift in regulation and policy by fostering gas security for the ECGM. This article
advances the argument that the ADGSM is an initial temporary and short-term step in seeking to
avert a domestic gas shortfall. It is argued that a market-based approach to gas regulation will not
provide gas security for Australia without additional regulatory measures and infrastructure
investment.

Australia's regulatory framework has resulted in the standardisation of cheese production based on pasteurisation. Up until early 2015, regulations effectively prohibited raw milk cheese-making in Australia and thus stifled artisanal on-farm production. Although the introduction of Food Standards Australia New Zealand Standard 4.2.4 has allowed the production of certain hard, low-moisture raw milk cheeses, the new standard is rigid and does not encourage new entrants into the emerging raw milk cheese consumer market. This article compares the Australian system with the French raw milk cheese regulation and production system, and argues that its approach in encouraging and supporting small farmhouse artisanal traditional raw milk cheese is beneficial to both producer and consumer, and has not resulted in any significant health risks. The Australian approach amounts to a missed opportunity to encourage the emergence of a value-added industry with local and export potential , and is at odds with important movements in food policy, such as recognition of the value of localism and terroir.

package and two climate change and energy savings documents for public consultation:
• Draft NSW Climate Change Fund Strategic Plan
• A Draft Plan to Save NSW Energy and Money
The documents are associated with the newly released NSW Climate Change Policy Framework. The Framework sets aspirational objectives for NSW in relation to climate change:
• Achieve net-zero emissions by 2050
• NSW is more resilient to a changing climate.
Following the announcement, the Office of Environment and Heritage (OEH) held twenty stakeholder consultation workshops, four webinars and a public information session during November and December 2016, in the Sydney metropolitan area and five regional centres in NSW. 
Stakeholder engagement was based on delivering two components:
1) detailed information about the Environmental Future Funding Package and
2) discussion and analysis of the priority actions specific to stakeholder groups taken from the Climate Change Fund Draft Strategic Plan and the Draft Plan to Save NSW Energy and Money. 

The objective of the consultation was to encourage stakeholders to submit formal submissions on the draft plans by 16 December 2016.
This report summarises stakeholder engagement feedback and the opportunities and challenges identified by workshop participants of the priority actions within the Climate Change Fund Draft Strategic Plan and the Draft Plan to Save NSW Energy and Money.

The Australian Senate's Interim Report on Unconventional Gas Mining was released in June 2016, following heightened political awareness of continuing public outcry relating to unconventional gas exploration. In Queensland, the state government has supported the gas industry's headlong rush into this profitable resource sector, to the consternation of farmers who have few statutory rights to disallow access by resource companies to their agricultural land. In the early sections of this paper, we review current agricultural land protection legislation in Queensland and British Columbia; two Commonwealth states with similar socio-political and legal systems and growing unconventional gas industries. The review provides the basis of a critical analysis of 'active' adaptive management as a regulatory framework facilitating optimal coexistence between agriculture and unconventional natural gas. In the remaining section we apply the framework of 'active' adaptive management in a comparative legal analysis of the land protection and oil and gas agencies as well as agricultural land protection regulation in British Columbia and Queensland. In conclusion, we identify the Agricultural Land Commission system in British Columbia, Canada as exemplifying elements of 'active' adaptive management to assist in facilitating coexistence between arable land and unconventional gas operations.

This report considers the nature and impact of the regulatory environment for Raw Milk Cheese (RMC) production in Australia. RMC has been surrounded by debate not only in Australia, but globally. Media coverage of the issue spans from the 1970’s and the US FDA has even equated eating raw milk cheese to playing ‘Russian Roulette’ (West, 2008, p. 26). Until the recent amendment of Food Standards Australia & New Zealand (FSANZ) Standard 4.2.4 based on proposal P1022 in 2014, an effective preclusion of the production of RMC existed in Australia. An exception to otherwise mandatory pasteurisation of cheese occurred for hard cooked curd RMC, requiring the cheese curd to be cooked at 48 °C or over, cheese moisture content to be 39% or less and extended ripening for at least 120 days at 10°C or lower. From 2011, four cheese makers were granted a licence to produce such RMC and no other Australian RMCs are currently legally produced and sold in Australia. Despite this, Australia ‘imports more than 600 tonnes of RMCs from Europe including Grana Padano, Parmigiano Reggiano, Gruyere and Roquefort’ (Townsend, 2010). In international jurisdictions such as France and Switzerland, domestic production and consumption of RMC is much higher, suggesting a more amenable regulatory environment.

The Australian Senate’s Interim Report on Unconventional Gas Mining was released in June 2016, following heightened political awareness of continuing public outcry relating to unconventional gas exploration.  In Queensland, the state government has supported the gas industry’s headlong rush into this profitable resource sector to the consternation of farmers who have few statutory rights to disallow access by resource companies to their land.  In the early sections of this article, we review current agricultural land protection legislation in Queensland and British Columbia; two Commonwealth states with similar socio-political and legal systems and growing unconventional gas industries.  The review provides the basis to allow critical analysis of ‘active’ adaptive management as a regulatory framework that could facilitate coexistence between agriculture and unconventional natural gas.

This Annotated Bibliography comprises a comprehensive identification and analysis of publications globally related to all aspects of the regulation, policy and development of coal seam gas. In particular it identifies resources relating to the regulation and/or management of the following aspects of CSG activities, including:
 water management (ground water and surface water);
 well design and construction and abandonment;
 hydraulic fracturing (including fracture-induced seismicity);
 use of chemicals down hole;
 social and environmental issues; including food security; and
 disclosure of chemicals.
In many instances these aspects are also closely aligned to the development of shale gas. Where such literature addresses shale gas activities, the publication has been included in this bibliography.

The landmark Tsilhqot’in Nation v. British Columbia (‘Tsilhqot’in’)1 decision in June 2014, granted Aboriginal Title over 4,380 square kilometres of land in British Columbia to the Tsilhqot’in First Nation Tribe. Decades in the making, the decision represents the accepted Canadian legal test for Aboriginal Title, while confirming the application of provincial laws on lands under claim or proven Aboriginal Title and importantly affirming the duty to consult with traditional land owners in British Columbia.

Given current interest in the area of deep-sea mining of mineral deposits, particularly with the Solwara 1 project undertaken by Nautilus Minerals off the coast of Papua New Guinea, this background paper provides basic information and an update regarding the minerals and the legal issues related to the extraction of deep sea minerals.

From the high point of cooperation between the US and Brazil in 2007, Brazil is now emerging
as the ethanol leader at odds and in direct competition with the US domestic ethanol industry.
It is this battle for ethanol supremacy which assists in an understanding of the political
climate, international regulation and resulting domestic legislation since the partnership
between the US and Brazil in 2007. Currently, no government or international organisation
has created a coherent set of policies and laws to encourage increased worldwide use
and regulation of ethanol. This paper will argue that a structured, systematic and uniform
ethanol market mechanism administered by the WTO is required to stimulate and regulate
the international trade in ethanol. Ethanol is the first biofuel with the potential to create an
effective alternative energy trade which offers developed and developing nations an alternative
to an oil-based economy and a platform to boost economic development and exports.

This paper provides an overview of regulatory best practice for coal seam gas in Australia. It is intended
to provide background information to regulators and other agencies considering regulatory frameworks,
particularly for unconventional gas. It focuses on three areas:
1. The concepts of principle versus rule-based regulation;
2. Best Practice Regulation, including examples from overseas and Australia
3. An analysis of the South Australian onshore petroleum regulatory framework

The trend of imposing levies in Australia because they are a ‘soft charge’ rather than a ‘hard tax’ is growing. The definition of a levy remains unclear to many Australians. The 2013 announcement by the federal government to increase the existing Medicare Levy to fund the National Disability Insurance Scheme (‘NDIS’) invites comment on whether a difference exists between a tax and a levy.

The term ‘Method Champenois’ connects champagne to its rich history, geographical location and image. Few words evoke luxury and good cheer as much as champagne. Behind the bubbles is an international trade rivalry between the EU and the US to control the lucrative champagne market.

The battle lines concern champagne’s recognition as a 'geographical indication'; a type of intellectual property cited primarily in the Trade - Related Aspects of Intellectual Property Rights Agreement. The conflict is hotly contested. The EU claims the label champagne must only be used for sparkling wine produced in the Champagne region in France. The US counterclaims that champagne is a generic word describing the type of sparkling wine.

Australia faces an emerging food security concern relating to the continuation of 'productivist agriculture', as the vehicle to deliver food in a sustainable manner for future generations. The competition among various uses of farmland has recently been increased by policies favouring unconventional gas, which leads to competing resource claims on the part of local resource users. The purpose of this presentation is to examine the current agricultural policy in Australia resulting the protection of prime cropping agricultural land during the co-existence of unconventional gas (coal seam gas and shale gas) operations according to the principles of Rural Land Governance and Food Security. This presentation explores three contemporary policy instruments: The new natural resource governance proposals in The Agricultural Competitiveness Green Paper, The Regional Planning Interests Act 2014 (Qld) protecting prime agricultural land and The Multiple Land Use Framework developed in recognition of the conflict arising over land access and land use.

This chapter commences with an examination of self- determination within
the framework of international law, before conducting an analysis of specific
domestic regulations governing Indigenous consultation. In so doing, the
chapter provides a comparative analysis of similarities and differences between
Australia and Canada, before a more detailed analysis of Indigenous consultation
in both jurisdictions. The chapter examines the commonalities between
state sovereignty over natural resources, Indigenous title and consultation to
create Indigenous Land Use Agreements.

Onshore unconventional gas operations, in most jurisdictions, operate on the legal principle that all activities during exploration and extraction are 'temporary' in nature. The concept that the onshore unconventional gas industry has a temporary effect on the land on which it operates creates a regulatory paradox. On one hand, unconventional gas activities create energy security, national wealth and a bourgeoning export industry. On the other, agricultural land and agriculturalists may be significantly disadvantaged by unconventional gas activities potentially producing permanent damage to non-renewable fertile soils and spoiling the underground water tables. Thus, threatening future food security and food sovereignty.


This book explores the socio-regulatory dimensions of coexistence between agricultural and onshore unconventional gas land uses in the jurisdictions with the highest concentration of proven unconventional gas reserves - Australia, Canada, the USA, the UK, France, Poland and China. In exploring the differing regulatory standpoints of unconventional gas land uses on productive farming land in the chosen jurisdictions, this book provides an original three-part categorisation of regulatory approaches addressing the coexistence of agricultural land and unconventional gas namely: adaptive management, precautionary and, finally, statism. It offers a timely and topical approach to socio-legal natural resource governance theory based on the participation, transparency and empowerment for agricultural landholders, examining how differing frameworks such as the collective bargaining framework can create equitable and sustainable contractual arrangements with unconventional gas companies.

Australia was ranked 10th among 189 countries in the World Bank’s Doing Business 2015 rankings. Its strong rankings in global economic surveys reflect its economic stability, openness to global commerce and competitive financial and investment environment. It transpires that it could do better yet  -  by improving diversity in its boardrooms.
There was a call for greater gender diversity in Australian boardrooms in the Australian Securities Exchange (ASX) ‘soft law’ recommendations in 2010 for companies to adopt and publicly disclose a diversity policy. The ASX also recommends companies should establish measurable objectives for achieving gender diversity and assess annually both the objectives and progress toward achieving them, disclose in each annual report the proportion of women employees in the whole organisation in senior executive positions and on the board, and disclose the mix of skills and diversity the board is looking to achieve among members.
Compliance with the ASX recommendations is voluntary. The gender diversity principles work on an ‘if not, why not’ basis.  Companies that choose not to comply with the recommendations must explain why not in the annual report. But Australia has not yet followed the lead of Norway and other jurisdictions by legislating gender quotas for the public company boardrooms.  Meanwhile, studies in 2014-15 indicated that boardrooms that are more diverse spend less on capital, development and acquisitions. They are more risk averse, which may lower the short-term results for the company, but enhance the long-term.  While their shares show lower volatility in price, firms with more diverse boards are more likely to pay dividends as well as pay higher dividends per share. The business case for diversity is building strongly. Should it be achieved by quota? We think so.
Independent Senator Xenophon released The Australian Government Boards (Gender Balanced Representation) Bill 2015 (Cth) (‘Gender Balanced Bill’) proposing quotas for government boards to ensure that each board is made up of at least 40% men and 40% women. No penalty was proposed for non-compliance. Instead, accountability would come through public disclosure. The Senate Review Committee concluded that a quota was not necessary, preferring less direct initiatives such as the Boardlinks and the Board Diversity Scholarship which the Australian Government supports in improving the representation of women on government boards.
Our chapter will examine the current Australian policy position on gender diversity in corporate boardrooms and assess the potential benefits of gender quota legislation similar to the Norwegian model. We will assess the strength of the business case for gender diversity. Finally, we will investigate the relationship between gender diversity, corporate social responsibility and corporate performance.

One can argue that mining companies’ efforts to engage in CSR practices stem from their desire to earn and maintain the ‘social licence to operate’ (SLTO)—an unwritten contract regarding the acceptability of a company’s actions in the community.  The consequences of losing this licence include delayed projects, increased business risk, poor corporate image and community activism.  The SLTO is a powerful tool to encourage miners to make socially responsible investments and continue building community relationships. BHP Billiton, the world’s third largest mining, oil and gas company, takes pride in its efforts to create multiple foundations that help local communities with quality of life, education and sustainable development.


The accolade of ‘good corporate citizen’ is not easily won in the mining sector. In large part, their CSR programs provide an apparatus of compensation for the social and environmental detriments associated with mining. Mining companies acting as a catalyst for positive social and community changes is an encouraging sign for the environment as oil, coal and gas lose their preeminent positions as sources of energy.

There are certain industry sectors which have turned the world’s attention to CSR practices like no other.  Undoubtedly, it is the mining industry which acts as the litmus test for good corporate citizenship.  As an economic powerhouse for countries as diverse as Namibia, India, Australia, Canada and a raft of other nations, mining offers lasting national economic benefit and the opportunity to lift disadvantaged communities out of poverty.  Yet, the on-going challenge is to balance mining’s economic benefit with its social and environmental impacts.
Several notable mining events have created the political and social context to alter corporate CSR practices, particularly in developing countries.  The environmental impacts of the Bougainville Mine in PNG, the Copiapo mining accident in Chile, the Nsassima Gold Mine collapse in the Central African Republic and the recent Soma mine collapse in Turkey, readily spring to mind.  These unfortunate events have acted as powerful catalysts for multinational mining giants during the 1980’s and 1990’s to consider health and safety practices and to quicken the pace of CSR activities to protect fragile ecosystems and vulnerable community groups.  Today, CSR practices in mining are evolving into world’s best practice.