AMPLA Limited ABN 98 006 037 529 (A Company Limited by Guarantee)
THIRTY SEVENTH ANNUAL REPORT 1 July 2018 – 30 June 2019
AMPLA Limited ABN 98 006 037 529 Registered Office & Secretariat: Suite 7.13 365 Little Collins Street, Melbourne 3000 Telephone: +61 3 9248 5400 Email: [email protected]
AMPLA Annual Report 2018-2019 AMPLA Limited
Board of Directors
Keira Brennan Tanya Denning Ryan Hartfield Barry Irwin Martin Kudnig Natalie Lonergan Leanne McClurg Mark Pistilli Susan Timbs Jennifer Tobin Linda Tompkins
Board Advisory Committee
Jason de Boer Baden McMaster Simon Orton
Staff
Susan Timbs - Executive Director and Company Secretary to 25/1/2019 Gordon Bunyan – Executive Director and Company Secretary from 26/1/19 Robyn Feher - Accountant Joanne Phillips - Membership and Events Manager Natalie Barber – Project Manager to 15/08/18 Darelle Kearins – Membership, Events and Administration Officer
AMPLA Annual Report 2018-2019 President’s Report
It is my great pleasure to present the President's Report for 2018 – 19. It has been a privilege to serve in the President's role for the last two years and to work with a great many people who contribute their valuable time and expertise.
I want to thank members, branches, committees, staff, board members, speakers and authors, sponsors and volunteers for their support, as AMPLA continues to offer an effective and relevant platform of peer to peer education and development despite the constantly changing landscape of the legal profession and the resources, energy and renewables industry..
Year in review
As I reflect on the past year, I am proud of what we have achieved together and impressed by dedication of so many already busy individuals to achieving AMPLA’s aims and objectives. The Board recognises that the environment in which we operate is changing, but it is also looking to the opportunities that the changes we are making for our future growth and longevity provide us and is committed to continuing to uphold the values at the core of AMPLA since its establishment in 1974.
This year saw a significant change in AMPLA with a new Constitution, a change in Board structure and composition and the resignation of Sue Timbs as Executive Director after 7 years. Sue made an extremely significant contribution to AMPLA’s development assisting in leading the Board through a major governance and membership review. She will be greatly missed but she has successfully worked to reset AMPLA’s structure to prepare it for its next phase. To that end, I am pleased to have welcomed and worked with Gordon Bunyan, who took up the reigns of Executive Director this year and has done a great job in such a short period of time.
This year also saw the departure of Natalie Lonergan, Jennifer Tobin, Linda Tompkins and Nick Johanssen from the Board. They have all made significant contributions to AMPLA for which we are all grateful. The Board is now more diverse than it has ever been with its mix of private practice and inhouse lawyers and business specialists. Jason De Boer, Baden McMaster and Simon Orton, who come from diverse, non legal backgrounds and bring the benefits of their different experience and skills to the deliberations of the Board, have already contributed to improvements in the Board’s operation.
The structure of the Board has also changed with the creation of four Board Committees: Membership Growth Committee (Ryan Hartfield), Promise Delivery Committee (Mark Pistilli), Audit Risk & Finance Committee (Jason de Boer) and Annual Conference Committee (Keira Brennan). The creation of these committees will help drive AMPLA’s future development and improve the efficiency of the Board.
In May, the Board conducted a strategic planning workshop and refined the strategic plan and developed improved Mission, Vision, Purpose and Values statements together with planned one, five- and ten-year targets and an implementation plan. In addition, the Board has increased its strategic focus devoting a greater proportion of its deliberations to strategic issues As I look back on the achievements to date, I am excited at how far we have come in such a short period of time.
The membership review commenced in 2018 was completed early in 2019. From it emerged a new membership model changing the structure and value of membership and improving operational efficiencies and increasing opportunities for young professionals and people new to the industry to become members and be more engaged with AMPLA. It also included a learning and development
AMPLA Annual Report 2018-2019 3 strategy as an integral component. The review confirmed the importance of ensuring that the value of membership is increased and that the learning and development strategy is an essential component of the plan. The new membership model also builds on one of our strategic priorities, namely our commitment to building the next generation of members and future leaders. The Emerging Leaders Committee, formed in 2018, was active throughout the year and from 2020 Corporate Membership will entitle Young Professionals (“Emerging Leaders”) in those organisations to enjoy free membership.
The Board also recognised that it needed to invest to upgrade the website and membership management system to improve customer service and office efficiency. The IT Committee comprising Ryan Hartfield, Baden McMaster and Simon Orton supported by Jo Phillips made recommendations to the Board which will see a new web platform in place early in 2020
Key Activities in the Last Year
2018-2019 has been a very active with a full program of events and achievements, including the Annual Conference 2018 in Perth and State Conferences in both Brisbane and Perth in May 2019.
Some of the highlights for the year include
Annual Conference 2018 (Perth)
AMPLA once again delivered an informative, current and thought-provoking business program to over 200 delegates in Perth, at the Crown complex from 17-19 October. With an overarching conference theme of ‘Energy Transformation’, our expert Keynote Speakers kicked off the conference on Thursday. Melissa Bray (General Manager, Department of Industry, Innovation and Science) considered the global energy transformation and its implications for Australia’s resources – gas, metallurgical and thermal coal and battery commodities; while Paul Simshauser (Executive General Manager, Infigen Energy) addressed energy transformation in the domestic arena, tracing back over the last decade to highlight what went wrong, when, and the policy adjustments that are required now.
The program covered mining, petroleum, inhouse and energy topics which kept the delegates engaged with hypotheticals and panels adding to the mix.
The AMPLA Annual Conference is recognised as the premier resources and energy law conference in Australia and throughout the Asian region and would not be possible without the hard work and support of many. Our thanks go to the ongoing support and generosity of our sponsors, speakers, session chairs and volunteers for giving their time (and knowledge) so freely and generously.
Branch Seminars
In the last year, we continued to deliver an increased number of seminars and attendees compared to previous years. This reflects AMPLA’s education strategy and the continuing improvement it is making to its range and diversity of activities.
As part of the Board’s Learning and Development Strategy, Branches have been improving their forward planning with the aim of developing annual programmes and increasing the opportunities to share topics and speakers between branches to capitalise on successes and improve organisational efficiency.
The Western Australia and Queensland branches continued the roll-out a series of multipart seminars on "The Life Cycle of a Mining & Resources Projects". They have been hugely successful, and feedback has been overwhelmingly positive. The governance implications of the Hayne Royal commission were
AMPLA Annual Report 2018-2019 4 addressed at the Annual conference and at the Queensland State conference. The Western Australian branch was again particularly active, hosting 11 well-attended and interesting events on a range of topics, including events dedicated to inhouse counsel and Emerging Leaders. The Victorian branch continued its half day energy program and inhouse counsel programmes.
The South Australian branch kicked off a seminar, “Watts Up with Pumped Hydro & Battery Storage”, which was then repeated in Victoria, New South Wales and soon in Queensland. In a similar vein, seminars on ethical supply chains and the Modern Slavery Act and the implications for the resources and energy industries of Blockchain were held in more than one state.
In May, both Western Australia and Queensland branches held their annual State conferences, with a one-day program of industry experts from business, government, the bar and firms speaking on current and pertinent topics for members.
The South Australian and New South Wales branches have been very active, each hosting five events including "Beyond Compliance: Ethical Supply Chains and the Modern Slavery Act”, “Foreign Investment in Mining”, “Watts up with Pumped Hydro”, "Valuing Mineral Assets”, “The state of the NSW Energy Market” and “Gas 101 Tool Kit” and “Data Analytics and Machine Learning”.
Thank you to everyone involved in pulling together and delivering such a diverse and interesting program of seminars and State conferences, in particular the branch committees who dedicate so much time to making these events happen.
Singapore Branch
I am absolutely delighted to report that the Asia Branch ran its first seminar “Blockchain and Commodities Trading” in March which attracted a larger audience than was expected. Its plans for the remainder of 2019 reflect both the enthusiasm of the committee led by Barry Irwin and the desire of the local industry professionals and lawyers for AMPLA seminars. Discussions have commenced with the Ministry of Law with a view to engagement with the government and with the local Singaporean legal profession. In addition, the Australian High Commissioner has offered his support and will host a function early in 2020.
Behind the Scenes
A major part of the success of AMPLA is due to volunteers who generously give their time and expertise. In each State Branch there is a committee of dedicated volunteers without whom AMPLA would not be able to provide such a broad range of topical seminars, its conferences and its Journal.
I would also like to acknowledge the staff in the national office. Gordon Bunyan, who was appointed as Executive Director in February has done a great job at leading the AMPLA team. He has been strongly supported in learning about AMPLA and the role by Susan Timbs, and daily by the national office team of Joanne Phillips, Robyn Feher and Darelle Kearins. They are the people who keep everything running and have again outdone themselves.
Thank you also to my fellow Board members – Martin Kudnig, Ryan Hartfield, Keira Brennan, Jennifer Tobin, Linda Tompkins, Mark Pistilli, Natalie Lonergan, and Barry Irwin, and our board advisory members – Jason de Boer, Baden McMaster and Simon Orton. The investment of time, energy and
AMPLA Annual Report 2018-2019 5 wisdom you generously make each year increases in its importance to the future direction and the continuation of AMPLA for the next 43 years.
I am also very grateful to the editor of the Australian Energy and Resources Law Journal, Dr Alexandra Wawryk from the University of Adelaide, and the editorial board for their willingness to take on this important role. Thank you also to those who have contributed to the journal over the past year. The journal's reputation as a high quality resource is due in large measure to the commitment of our distinguished editorial board and the authors who contribute to the journal.
To our many and varied committees and committee members – thank you for your tireless efforts, and to our members who continue to value what AMPLA offers. AMPLA has flourished because of you.
As my final President's report, I call attention to the great number of worthy things AMPLA does and achieves. I am honoured to have presided over this for the last two years, and to have worked with the very best of people who live the AMPLA values and who generously volunteer so very much of their time and expertise. That is the true driving force behind the success of AMPLA. It is also with great privilege that I will soon welcome our next AMPLA President, Ryan Hartfield, who has already made significant contributions to AMPLA and will without doubt preside with distinction. Thank you and all the best for a rewarding and sustainable future.
Tanya Denning
President
AMPLA Annual Report 2018-2019 6 Treasurer’s Report
The financial statements associated with this Report have been prepared and published in accordance with the Australian Charities and Not-for-profits Commission Act 2012 (Cth), which is the primary legislation governing the not-for-profit sector.
AMPLA generated a deficit of $105,416 for the 2018/19 financial year.
Matters to note in relation to the Financial Report for the year ended 30 June 2019 are:
• Membership income was similar to the prior year, although members (based on a count of those who renew by June 30 each year) was slightly less than 2018. AMPLA undertook a survey of its membership during the year and developed a new Membership Model to assist it in strengthening its membership base.
• The 2018 Annual Conference held in Perth generated an additional net surplus of $35,400 compared to the 2017 Annual Conference held in Melbourne. Due to the implementation of new Accounting Standards, the 2019 Annual Conference costs of $44,000 have been included in the total conference expenses for 2019. Previously, these expenses were recorded as Trade & Other Payables in the Statement of Financial Position.
• State Branches held 34 events throughout the year generating net income of $98,864. This was an increase of $40,980 on the prior year and was partly due to the State Conference Event in WA which generated $24,398 net income.
• Although all State Branches were financially successful, the WA and QLD branches contributed net income of $62,927 (64%) and $21,277 (22%) respectively.
• Net income from investments of $162,734 (excluding the $50,665 net gain arising from the revaluation of investments at year end) is similar to the prior year.
• AMPLA decreased its portfolio of investments during the year by $185,000 to provide the necessary cashflow for operations. Combined with the downturn in the investment market, AMPLA’s liquid cash & investment holdings at June 2019 are $2,329,938 compared to $2,474,062 in 2018.
• AMPLA’s investment portfolio is allocated across benchmarked asset classes to reflect a balance between security and returns. The continued prudent management of these funds contributes material income to operations, which are primarily funded by member subscriptions and Annual Conference income, and offers security in the event of future operational challenges.
AMPLA Annual Report 2018-2019 7 • Employment costs have increased by 18% or $88,456 over the previous year. This was due to CPI increase for staff, temporary labour hire employment covering vacant positions and the recruitment & employment of the new Executive Director.
• Total administrative & special Project expenses have increased by $105,000 largely driven by the engagement of third parties to assist with the development of the new Membership Model as well as the tender process for the membership database platform.
Changes within the resources and energy industries continues to present a number of challenges for AMPLA. However, as outlined above, AMPLA remains in a sound financial position. The strong performance of AMPLA's investment portfolio has created a strong financial platform from which AMPLA can meet future operational challenges. AMPLA continues to aim for improvements to its financial health and remains dedicated to investing in its members and strategic priorities.
Jason de Boer Treasurer
AMPLA Annual Report 2018-2019 8
Committees of the National Board and AMPLA Reference Groups
Board Advisory Committee
Jason de Boer, BDO, VIC
Simon Orton, SO Advisory, QLD
Baden McMaster, Consultant, ACT
Audit and Risk Committee
Natalie Lonergan, Norton Rose Fulbright, NSW
Jennifer Tobin, MinterEllison, SA
Keira Brennan, Norton Rose Fulbright, QLD
Jason de Boer, BDO, VIC
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Editorial Board - Australian Resources and Energy Law Journal
Simon Bladen, Rio Tinto, QLD
Kanaga Dharmananda, Quayside Chambers, WA
Mark Gerus, Francis Burt Chambers, WA
Peter Holden, ActewAGL, ACT
Lauren Kirkwood, Baker & McKenzie, QLD
Natalie Lonergan, Norton Rose Fulbright, NSW
Robert Merrick, Herbert Smith Freehills, WA
James Minchinton, Sparke Helmore, WA
AMPLA Annual Report 2018-2019 9 Peter Rose, Johnson Winter & Slattery, VIC
Susan Timbs, AMPLA Limited, VIC
Dr Alex Wawryk, University of Adelaide, SA
Emerging Leaders Committee
Courtney Libby, Gilbert + Tobin, WA
Jake Williams, Clayton Utz, QLD
Tom Barrett, Johnson Winter & Slattery, WA
Nathan Chalmers, Thomson Geer, QLD
Sarah Dean, Thomson Geer, QLD
Andrea Moffatt, Corrs Chambers Westgarth, QLD
Sarah O’Brien-Smith, HopgoodGanim, WA
Sarah Pick, MinterEllison, SA
Anthony Pizzolato, Gilbert + Tobin, NSW
Tim Rankin, Ashurst, VIC
Nicola Rosher, INPEX, WA
Connor Stagg, King & Wood Mallesons, QLD
Alena Stirton, Gilbert + Tobin, NSW
Rachel Varghese, Hive Legal, VIC
AMPLA Annual Report 2018-2019 10 AMPLA 2018 Annual Conference
AMPLA once again delivered an informative, current and thought-provoking business program to over 200 delegates in Perth, at the Crown complex from 17-19 October. With an overarching conference theme of ‘Energy Transformation’, our expert Keynote Speakers kicked off the conference on Thursday. Melissa Bray (General Manager, Department of Industry, Innovation and Science) considered the global energy transformation and its implications for Australia’s resources – gas, metallurgical and thermal coal and battery commodities; while Paul Simshauser (Executive General Manager, Infigen Energy) addressed energy transformation in the domestic arena, tracing back over the last decade to highlight what went wrong, when, and the policy adjustments that are required now.
The program covered mining, petroleum, inhouse and energy topics which kept the delegates engaged with hypotheticals and panels adding to the mix. There were a number of ‘ah ha’ moments reported by delegates as the expert presenters demystified some complex concepts.
The conference opened in the shadow of Optus Stadium at The Camfield, where delegates were treated to a stunning sunset over the Swan River, Matagarup Bridge and Perth CBD on Wednesday evening. On Thursday, delegates enjoyed the Conference Dinner at Perth Town Hall, with entertainment provided by Dolce Ensembles. Fittingly, in the great hall, AMPLA farewelled Executive Director Sue Timbs with a video presentation featuring past and present AMPLA presidents and members talking about her time as Executive Director. Important topics were covered, such as which Game of Thrones character Sue would be and if she were an Olympic event, what event would she be!
Across Thursday and Friday the conference sessions included:
• Managing energy costs and risks • Contract Law; ipso facto and force majeure • The reality of class actions • Private equity in the resource sector • In-House Counsel and the challenges of maintaining a social licence to operate in a disrupted world • Mine technology and automation • Blockchain in the sector • Energy solutions for R&E projects • Practical drafting tips on clean energy clauses • End of life for offshore oil & gas facilities • Anti-bribery and corruption
The following awards were presented at the end of the conference:
• 2018 Best ARELJ Article Award – Professor Christopher Symes, Adelaide Law School for his paper ‘Environmental protection orders and insolvency: It is onerous to disclaim or to prioritise or to resolve the conflict’ • Best Conference Presentation Award – Kathryn Finlayson, Partner, MinterEllison for her conference presentation on ‘Force Majeure: revisiting the boilerplate’. • Best Conference Paper Award – Peter O’Donahoo, Partner, Allens for his paper ‘Class Actions and Emerging Issues’.
AMPLA also highly commended:
AMPLA Annual Report 2018-2019 11 • James Bruining, Director, Grondal Bruining, for his paper ‘Practical Tips on Clean Energy Clauses’ • Vishal Ahuja, Partner, King & Wood Mallesons, for his paper ‘Managing Energy Costs and Risks’
The generous sponsors for 2018 Annual Conference were:
• Principal Sponsor – Norton Rose Fulbright • Major Sponsors - Allen & Overy, Allens Linklaters, Ashurst, Clayton Utz, Corrs Chambers Westgarth, Herbert Smith Freehills, Johnson Winter & Slattery, King & Wood Mallesons, Minter Ellison, PwC • General Sponsors – Dentons, HopgoodGanim Lawyers, Jones Day, PTTEP, Rio Tinto
As always, the conference could not have run smoothly without the preparatory work of the volunteer committees. The 2018 committees were:
• Business Program Committee: Susan Timbs (AMPLA, VIC), Alan Murray (King & Wood Mallesons, WA), David Marsh (Solomon Brothers, WA), Simon Bladen (Rio Tinto, QLD), Tanya Denning (Ashurst, VIC), Rob Merrick (Herbert Smith Freehills, WA), Emma Roberts (BHP, WA), Jordan Phillips (MinterEllison, QLD). • Electricity and New Energy Committee: Susan Timbs (AMPLA, VIC), Louis Chiam (King & Wood Mallesons, VIC), Chian Kee (AGL, VIC), Jessica Dyer (Alinta Energy, WA), Kate Axup (Allens, QLD), Marc Berry (CS Energy, QLD), Paul Newman (Ashurst, QLD), Tanya Denning (Ashurst, VIC), Yvonne Jansen (Grondal Bruining, WA) • Social and Logistics Committee: Brett Cohen (Clayton Utz, WA), Linda Tompkins (Tompkins Legal, WA), Ryan Hartfield (PTTEP, WA), David Marsh (Soloman Brothers, WA), Ian Gordon (King & Wood Mallesons, WA), Courtney Libby (Gilbert & Tobin, WA), George Croft (Johnson Winter & Slattery, WA), Andrew Gay (Ashurst, WA), Stephanie Rowland (Mills Oakley, WA), Melanie Rifici (Allens, WA), Armin Fazely (Clayton Utz, WA).
And ofcourse our dedicated on-site volunteers from the Perth offices of Allens, Clayton Utz, Johnson Winter & Slattery and Hogan Lovells, along with student volunteer David Baldwin.
The AMPLA Annual Conference is recognised as the premier resources and energy law conference in Australia and throughout the Asian region and would not be possible without the hard work and support of many. Our thanks once again to the ongoing support and generosity of our sponsors, speakers, session chairs and volunteers for giving their time (and knowledge) so freely and generously.
Linda Tompkins
Conference Organising Committee
AMPLA Annual Report 2018-2019 12 Membership
As at 30 June 2019, the number of members (incl. Life Members) was 704.
Prime Nominee Associate 17% 4% Life Member 3%
Ordinary 16% Nominee Members 60%
5% 0%
15% Overseas A.C.T 39% 1% New South Wales Northern Territory Queensland South Australia 21% Victoria Western Australia
13% 6%
AMPLA Annual Report 2018-2019 13 Branch Reports New South Wales
The NSW Branch had another very good year, with the executive keen to increase the activity and profile of the Branch and to make it more relevant to other markets and broaden its appeal.
For the financial year ended 30 June 2019, the NSW Branch held:
. a seminar on an expert witness’ perspective on valuing mineral assets given by SRK Consulting and hosted by Norton Rose Fulbright; . a seminar on the state of the energy market given by representatives of Whitehaven Coal, ANZ and Ausgrid and hosted by Jones Day; . a toolkit seminar on Gas 101 hosted by Norton Rose Fulbright (in Sydney, and by video into Canberra); and . a seminar on data analytics and machine learning given by PwC and hosted by Norton Rose Fulbright, followed by a Christmas lunch.
All seminars were well attended, with positive feedback on the change from just technical legal presentations to a mix including other areas of interest.
Non lawyers (mainly bankers and other professional advisers) have been targeted. They, along with emerging leaders, were offered free attendances to seminars. That was well received, and sparked renewed interest in AMPLA.
The NSW Branch thanks the above contributors, and the many others who have offered their support and are already working on more seminars as part of the 2019/2020 program.
2020 Annual Conference
Early work commenced on the 2020 Annual Conference to be held in Sydney. The venue was identified and a steering committee appointed.
Branch Office Bearers
Branch office bearers for the year were: President Mark Pistilli, PwC Vice President Natalie Lonergan, Norton Rose Fulbright Elected Director Natalie Lonergan, Norton Rose Fulbright Treasurer Gerard Dooley, Minter Ellison Secretary Thomas Stack, Jones Day (replaced during the year by Hemang Shah, Jones Day) Events Anthony Pizzolato, Gilbert + Tobin
Mark Pistilli
New South Wales Branch President
AMPLA Annual Report 2018-2019 14 Queensland
Our State Committee has delivered a busy and successful year. The State Committee has continued to focus on our educational program, our social functions, our industry participation including government submissions, and in assisting the journal.
The year’s activities in review:
State conference
Our state conference was held on 11 May 2019. We again held it at Rydges and attendance was less than previous years, although the papers delivered were of exceptionally high content.
The reduction of numbers has lead the State Committee to review the manner in which this conference will be held in future years.
Seminars
We have run a number of successful seminars during the year on varied issues. These seminars have formed part of the State Branch’s educational program for several years. This year we have also assisted the Emerging Leaders Committee to ensure that seminars run by them have been advertised widely and ensure that young lawyers from all firms have been in attendance.
AMPLA journal – ARELJ
Queensland members of AMPLA have continued to contribute to the AMPLA journal over the past year providing case notes, recent updates and articles.
Policy setting
The Land Court has again been active in seeking commentary from the profession on various initiatives it has been considering. We have engaged with the Land Court user’s forum and we have also maintained a watching brief on various statutory reforms.
Social events
The Branch’s annual Christmas lunch was held at the Brisbane Club. Allison Warburton from the Australian Energy Market Commissioner provided an excellent presentation on the Power Sector and Market Condition.
Acknowledgment
The Queensland State Committee had 25 members during 2018/2019. The State Committee met on the first Wednesday of each month except in January when no meeting is held. Branch office bearers over the past year were:
President: Gavin Scott, Norton Rose Fulbright
Vice President Simon Scott, Minter Ellison
Secretary Damian Roe, Hopgood Ganim
AMPLA Annual Report 2018-2019 15 Treasurer Anthony White, BDO
I would also like to thank the tremendous support of each member of the State Committee and their supporting firms and organisations throughout the year. It is extremely important to me personally that the excellent collegiate atmosphere of the AMPLA Queensland Committee continues. We have a great team and one that is marked with camaraderie, professionalism and a desire to provide assistance to each other. Our calendar events and the success of those events are a testament to the commitment of the members of the committee and the relevance of AMPLA to its members.
Thank you to everyone who has been involved this year. The Branch is very fortunate to have such a strong and dedicated committee of individuals providing excellent stewardship to the organisation
Gavin Scott
Queensland Branch President
AMPLA Annual Report 2018-2019 16 South Australia
AMPLA’s South Australian Branch has enjoyed a positive year in 2018/2019. Following on from the Branch's activities in 2017/18, the Branch continued to monitor and review the proposed fundamental reforms to the State’s mining legislation. Those proposed changes have generated some controversy, and the Branch is closely monitoring this issue. The Branch also continued its focus on new energy, compliance and governance issues, as well as other significant issues of interest to energy and resources lawyers.
The Branch held all of its activities in pursuit of AMPLA’s strategic goals, and as a result I am pleased to report that attendance levels at our functions were strong.
The year’s activities in review
The South Australian Branch held the following practical briefings and lunch time seminars:
1. Beyond compliance – ethical supply chains and the Modern Slavery Act on 25 June 2019 at Laity Morrow. Organisations are increasingly expected to maintain their “social licence to operate” – that is, satisfying stakeholder expectations that go beyond basic legal compliance. This session looked at the case study of Australia’s Modern Slavery Act and the practical steps that companies are now taking to protect their supply chains.
The speakers for this session were:
• Michael Milnes, Head of Commercial and Competition Law, Practical Law Australia (Thomson Reuters) • Vivienne Brand, Associate Professor, College of Business, Government and Law, Flinders University
2. Watts up with pumped hydro and battery storage? on 14 March 2019 at Johnson Winter & Slattery. The session dealt with the latest on energy storage, presented by entrepreneurs and experts who have been on the front line and are influential in the fast developing energy storage market – from commercial and project considerations to the drivers behind investment and offtake, and a discussion about some of the legal issues.
The speakers for this session were:
• Richard Turner, founder of ZEN Energy, now Head of Brand and Communications for the amalgamated SIMEC Energy Australia • Damien Cooling, Legal Counsel, EnergyAustralia • John Keeves, Partner, Johnson Winter & Slattery, • facilitated by Tanya Denning, President of AMPLA & Partner, Ashurst.
3. Foreign Investment in Mining and Energy on 18 June 2018 at Finlaysons. The session provided insights into foreign investment in mining and energy companies. As well as providing a general overview of the foreign investment regime and how it applies to foreign persons proposing to invest in resources and energy companies, the speaker explored issues associated with recent policy decisions relating to critical infrastructure investments, how the FIRB process interacts with the Critical Infrastructure Centre and the introduction of business exemption certificates. The speaker for this session was:
AMPLA Annual Report 2018-2019 17 • Jessica Robinson, currently acting as Principal Adviser of the Policy Stream in the Foreign Investment Division.
In addition, the AMPLA SA Branch held its annual Twilight Networking Event on 7 November 2018 at Mississippi Moon bar, with guest speaker the SA Minister for Energy and Mining, Hon. Dan van Holst Pellekaan, who discussed proposed regulatory reforms and opportunities in the SA resources and energy sector.
The Branch also held its annual Resources and Energy Lawyers’ Lunch on 5 September 2018 at The Historian Hotel. Owen Sharpe, Industry Development Officer, Energy Implementation, Department for Energy and Mining was the guest speaker at the lunch and provided an overview of hydrogen technologies and discussed opportunities in the hydrogen industry for SA and Australia.
Both our guest speakers provided interesting and useful insight for our members. The events were very enjoyable and provided members with useful networking opportunities.
Financial highlights
AMPLA is a not-for-profit organisation, and it relies on its State Branches to generate funds for its operations. During the 2018/2019 Financial Year the Branch generated a surplus of over $3,311.74 from its functions with an accumulated surplus at 30 June 2019 of $46,487.35. The seminars were offered to members at a modest cost, with a higher charge applied to non-members.
Acknowledgements
Once again, the continued success of the South Australian Branch activities during the year reflects the considerable participation and efforts of our members, industry and government agencies as well as the commitment of the State Branch committee members. During the past year the office bearers were:
President: Leanne McClurg Vice President: Susan Robertson Treasurer: Jemma Smith Secretary: David Vincent
Thank you to all of our hard working committee members for their continued efforts over this year. A special thank you is extended to those who have provided support in presenting at, hosting and/or organising functions. Functions are always reasonably time consuming to organise but they are an integral part of what our Branch delivers for its members. I would like to express my sincere appreciation to the firm hosts, speakers and the members of AMPLA and the committee who generously gave their time to organise, host and participate in these events.
Conclusion
I look forward to continuing to work with the SA Branch Committee to provide relevant seminars and functions for the benefit of our members. It has been a pleasure serving as South Australian Branch President this year.
Leanne McClurg
South Australian Branch President
AMPLA Annual Report 2018-2019 18 Victoria
The highlight of the year was the holding of the Energy Half Day Conference in September 2018. The topics included batteries, energy performance contracting and regulatory changes, and finished with a fireside chat with Lawrence Kim, General Counsel and Executive General Manager, External Relations, Engie Australia & New Zealand. The session was very well attended with in-house counsel, private practice practitioners and non-lawyers in the energy industry. Special thanks to all the speakers, chairs of the relevant sessions and King & Wood Mallesons for hosting the half day event.
This was followed in December by Christmas drinks with guest speakers Ed McManus, CEO of Powershop, and Dean Spaccavento, Co-Founder of Reposit Power, who spoke about their experiences in the retail energy sector and their views on market developments. Very positive feedback was received about the event, especially with respect to the openness and frankness of the speakers. Special thanks to Johnson Winter & Slattery for hosting the drinks.
Events in 2019 opened in late February with another half day energy seminar, with topics covering directors’ duties in the context of climate change, regulatory issues in embedded networks and potential use of blockchain in the energy market. The response to the half day was very positive, with many attendees noting that there was something for everyone. Special thanks to PwC for hosting the event.
In May 2019, following on the success of a similar session in Adelaide, Johnson Winter & Slattery hosted a lunchtime event on pumped hydro and battery storage. The key speaker was Damien Cooling from EnergyAustralia. The event was very well attended and confirmed that energy is indeed a relevant topic for the Victorian Branch to focus on. Indeed, before the end of the 2019, it is proposed to host a seminar on hydrogen and the gas market.
Many thanks to all who were involved in organising and hosting these events. The contributions from Committee members and other volunteers continue to make the AMPLA Victorian Branch the success it is, as we transition away from mining and oil & gas sectors to energy as a key focus for the branch. I look forward to working with the Committee and AMPLA generally on future Victorian Branch events.
Nick Li
Victorian Branch President
AMPLA Annual Report 2018-2019 19 Western Australia
On behalf of the AMPLA State Committee of the Western Australian Branch (WA Branch), I have pleasure in presenting this report of branch activities for the 36th Annual General Meeting in Perth on 30 July 2019.
Summary
The AMPLA WA Branch has had another very active financial year. The WA Branch held 11 educational seminars, two Emerging Leader only seminars, and one in-house only event. During the 2018-2019 financial year the WA Branch hosted two conferences; the 2018 AMPLA National Conference and the 2019 WA State Conference, both well attended and successful. The WA Branch remains represented on two government committees and has worked with the Office of State Revenue on several legislative amendments. Other WA Branch activities during the financial year include the Mining Law Moot, lecture and tutorial support to the popular UWA Mining Law Workshop, and the annual AMPLA WA Branch essay competition. With continued engagement from members, law firms, industry, and government, the 2018-2019 financial year has been very successful for the AMPLA WA Branch.
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Leadership Roles
The Branch office bearers from 3 August 2018 were:
President: Linda Tompkins, Tompkins Legal
Vice President: Brett Cohen, Clayton Utz
Treasurer: Mark McAleer, Allens
Secretary: Ian Gordon, Hogan Lovells
Elected National Board Representative: Ryan Hartfield, PTTEP
Committees
The subcommittee leaders during all or part of the 2018/2019 financial year were:
ARELJ Branch Coordinator: John Southalan, WA Bar Association
Education subcommittee: Lauren Shave, Gilbert + Tobin
Special Events subcommittee: Adam Edelman, Norton Rose Fulbright
Mining Moot subcommittee: Courtney Libby, Gilbert + Tobin
E&R Duty subcommittee: Jared Clements, University Western Australia
State Conference subcommittee: Linda Tompkins, Tompkins Legal
AMPLA Annual Report 2018-2019 20 Government committee representatives on and from 3 August 2018 were:
Resources Industry Communication Committee (Previously Mining Industry Liaison Committee): Tim Kavenagh, Kavenagh Legal and Lauren Shave, Gilbert + Tobin
Aboriginal Heritage and Native Title Liaison Committee AHNTILC Mark Gregory, Castledine Gregory
WA participants in the AMPLA national Emerging Leaders Committee were:
Courtney Libby, Gilbert + Tobin
Sarah O’Brien-Smith, HopgoodGanim
Tom Barrett, Johnson Winter & Slattery
Nicola Rosher, INPEX
State Committee Membership
The WA State Committee during all or part of the 2017/2018 year had 50 members:
Name Affiliation
Michael Boyce Bellanhouse Legal
Michael Brady Hogan Lovells
John Chandler University of Western Australia
Brett Cohen Clayton Utz
George Croft Johnson Winter & Slattery
Alex Duffy Hogan Lovells
Jessica Dyer Alinta Energy
Adam Edelman Norton Rose Fulbright
Tim Edwards King & Wood Mallesons
Joe Fardin University of Western Australia
Brendan Fyfe Jackson McDonald
Alex Gardner University of Western Australia
Andrew Gay Ashurst
AMPLA Annual Report 2018-2019 21 Ian Gordon Hogan Lovells / Inpex
Mark Gregory Castledine Gregory
Ryan Hartfield PTTEP
Marcus Holmes Land Equity Legal
James Hunt Hopgoodganim
Tim Kavenagh Kavenagh Legal
Nathan Landis IMF
Courtney Libby Gilbert + Tobin
Caroline Lindsey Ashurst
Eve Lynch Allens
David Marsh Solomon Brothers
Mark McAleer Allens
Alastair McLachlan Bellanhouse Legal
Emma McLeod Gilbert + Tobin
Xavier Moore Statoil
Alan Murray King & Wood Mallesons
Ian Murray University of Western Australia
Sarah O'Brien-Smith Hopgoodganim
Anthony Papamatheos Quayside Chambers
Melanie Rifici Allens
Colin Roberts
Nicola Rosher Inpex
Stephanie Rowland Allion Partners
Lauren Shave Gilbert + Tobin
Paul Shillington Minter Ellison
John Southalan WA Bar
Joanne Steer DLA Piper
AMPLA Annual Report 2018-2019 22 Linda Tompkins Tompkins Legal
Gerard Woods Allens
Darren McAulay Minjar Gold
Jared Clements University of Western Australia
Tom Barrett Johnson Winter & Slattery
Matthew Plint PWC
John Larbalestier Gilbert + Tobin
Michael Denny Herbert Smith Freehills
Josie Thompson Solomon Brothers
Danielle Lukic Gilbert + Tobin
State Branch Committee Meetings
With the exception of the month of January, when no meeting is held, the State Committee met on the first Thursday of each month throughout the year. Attendance numbers at those meetings are set out below:
Meeting Date No. Attendees
5 July 2018 18
2 August 2018 12
6 September 2018 17 + 2 guests
4 October 2018 14
1 November 2018 16
6 December 2018 18
7 February 2019 17
7 March 2019 16 + 1 guest
4 April 2019 14
2 May 2019 11
6 June2019 25
AMPLA Annual Report 2018-2019 23
ARELJ Subcommittee
Mark Gerus (Francis Burt Chambers) continued to represent the WA State Committee on the AMPLA national Editorial Board during the 2017-2018 financial year. John Southalan (WA Bar Association) was the WA Branch Coordinator for the ARELJ during the 2018-2019 financial year. With John’s leadership, the WA Branch continued to be a substantial contributor of case notes, legislative updates, and articles to the Journal.
Important roles for the AMPLA WA Branch and nationally, the State Committee extends its sincere appreciation and thanks to Mark and John for their leadership and continuing commitment to the ARELJ during the financial year.
Education Subcommittee
A total of 11 educational seminars were held during the 2018-2019 financial year :
Date Title Speaker CPD
10 July 2018 Life Cycle of Mining – Part Rys Davies (DLA Piper) and James 3 Area 4 III (Native Title and Keeping Hunt (HopgoodGanim) Tenements in Good Standing) Venue Host: HopgoodGanim 3 August 2018 Non-Statutory Executive Professor Michael Crommelin AO 1 Area 4 Power over Public Land (University of Melbourne) Resources Venue Host: Allens 22 August 2018 Send in the Drones Venue Clare Pope (PwC) and Brad Cuff 1 Area 4 Host: PwC (PwC)
18 September 2018 Duty Considerations for Oliver Mailes (Office State Revenue) 1 Area 4 Resources Lawyers Venue Host: Johnson Winter & Slattery 27 November 2018 Western Australian & John Southalan (WA Bar Association) 1 Area 4 Commonwealth Government Resources Policies: Approaches and Implications Venue Host: Gilbert + Tobin 12 February 2019 Energy Dulal Ghosh (E3 Advisory) and Ros 1 Area 4; Fundamentals 1: O’Mally (Hogan Lovells) 1 Area 1 from Generation to Delivery Venue Host: Hogan Lovells
AMPLA Annual Report 2018-2019 24 Date Title Speaker CPD
14 March 2019 Energy Kate Ryan (Public Utilities Office), 2 Area 4 Fundamentals 2: Rachael Smith (DBNGP) and Michael Transmission, Brooks Distribution & Markets Venue Host: Clayton Utz 26 March 2019 Timber Creek High Mark Gregory (Castledine Gregory), 1 Area 4 Court Decision Tim Kavenagh (Kavenagh Legal) Venue Host: Gilbert + Tobin 11 April 2019 Energy Fundamentals 3: Bethwyn Cowcher (Fortescue Metals 1 Area 2 The Customer Group), Adam Smith (Alinta Energy) 1 Area 4 Venue Host: Hogan Lovells 30 April 2019 Safety at the frontier Lauren Shave (Gilbert + Tobin) & 1 Area 4 Venue Host: Gilbert + Tobin Marshall McKenna (Gilbert + Tobin) 12 June 2019 Imminent Changes Oliver Mailes (Office of State 1 Area 4 Affecting Mining Revenue), Anthony Willinge Transactions (Francis Burt Chambers) Venue Host: Allens
This is an increase from the six seminars held in the 2017-2018 financial year. Apart from the third installment of the three-part Life Cycle of Mining seminar series commenced in the previous financial year, a new three-part Energy Fundamental seminar series was also held and co-sponsored with the WA Emerging Leaders. The Energy Fundamental seminar series was aimed at more junior resource practitioners (<6 years resource experience) and included professional speakers from the electricity industry. Each of the half day seminars were well attended:
Date Topic Regos Member Non- Recorded Member Attendanc e
10 July 2018 Life Cycle of Mining – Part III 45 16 29 39
3 August 2018 Non-Statutory Executive Power 38 32 6 26 over Public Land Resources
22 August Send in the Drones 47 29 18 24 2018
18 Duty Considerations for Resources 31 22 9 18 September Lawyers 2018
27 November Western Australian & 33 25 8 19 2018 Commonwealth Government Resources Policies: Approaches and
AMPLA Annual Report 2018-2019 25 Date Topic Regos Member Non- Recorded Member Attendanc e
Implications
12 February Energy Fundamentals 1: from 26 8 18 23 2019 Generation to Delivery
Lauren Shave (Gilbert + Tobin) as chair of the education subcommittee, together with Jessica Dyer (Alinta Energy) who formulated and organized the Energy Fundamental seminar series, led this important subcommittee during the 2018-2019 financial year. This role is time consuming and critical in enabling the State Committee to provide membership value to its
WA members. Lauren and Jessica excelled in this role and the State Committee extends its sincerest thanks to Lauren and Jessica for their excellent leadership of this subcommittee during the financial year.
Overall, seminar registrations were strong from both members and non-members. In a few cases non- attendance was high at seminars with no charge to members.
Special Events Subcommittee
Following on from the success of the in-house counsel only seminar last financial year, a similar style seminar was held again in 2019. Adam Edelman (Norton Rose Fulbright) continued to lead this initiative in 2019 and the State Committee thanks Adam for his contribution to this leadership role.
Date Title Speaker CPD
13 June 2019 In-House only WA Pamela Hass (Government), 1 Area 3 Branch Seminar – Emma Roberts (BHP), Shaeron Implications of the Yapp (South 32), Jessica Dyer Modern Slavery (Alinta Energy) Act on supply chains Venue Host: Norton Rose Fulbright
Date Topic Regos Member Non- Recorded Member Attendanc e
13 June 2019 In-House only WA Branch Seminar – 20 12 8 15 Implications of the Modern Slavery Act on supply chains
AMPLA Annual Report 2018-2019 26
WA Emerging Leaders
The WA Emerging Leaders Committee (ELC) held two ELC only seminars during the financial year:
Date Title Speaker CPD
27 May 2019 Roundtable Warden O’Sullivan (Perth 1 Area 2 discussion Mining Warden) with Warden O’Sullivan Venue Host: DLA Piper
19 June 2019 The Future of Paul Harley (HopgoodGanim) 1 Area 1 Mining – Blockchain in the Resources Sector Venue Host: HopgoodGani m
The lunchtime roundtable discussion with the Perth Mining Warden, Warden O’Sullivan, was well received and had almost full attendance:
Date Topic Regos Member Non- Recorded Member Attendance
27 May Roundtable discussion Warde 1 Area 2 39 21 2019 with Warden O’Sullivan n Venue Host: DLA Piper O’Sulli van (Perth Minin g Warde n)
19 June The Future of Mining – Paul 1 Area 1 2019 Blockchain in the Resources Harley Sector (Hopg Venue Host: oodGa HopgoodGanim nim)
His Honour shared tips for junior practitioners appearing in the Warden’s Court identifying common pitfalls he has seen. It was an opportunity for junior practitioners to ask questions and pick up tips for improving their presentation skills and confidence in appearing.
AMPLA Annual Report 2018-2019 27 During the financial year the ELC worked on the framework for a new mentoring program, where “emerging leaders” will be matched with more experienced practitioners in the energy and resources sector. The program will be launched in 2019/2020.
In addition, the ELC offered special ELC prices for AMPLA State Committee events throughout the year, including a special price for attending the final sessions of the 2018 National Conference and end of conference networking drinks.
The State Committee thanks the WA ELC members for their engagement and contribution to the WA Branch programs and new initiative drive.
Resources Industry Communication Committee
In September 2018 MILC (Mining Industry Liaison Committee) was rebranded to RICC. RICC was formed to cover all aspects of the energy and resource industry, not just hard rock mining to which MILC was originally centered around. RICC meets three times a year with each session focusing on a separate sector of the energy and resources industry (ie petroleum, hard rock mining, and electricity) in order to consult with industry representatives in relation to issues concerning both current and proposed legislation and regulations. RICC is made up of representatives from:
• the Department of Mines, Industry Regulation and Safety (DMIRS); • the Chamber of Minerals and Energy (CME); • the Association of Mining & Exploration Companies (AMEC); • the Amalgamated Prospectors and Leaseholders Association; • the Australian Petroleum Production and Exploration Association (APPEA); and
• AMPLA. During the 2018-2019 financial year AMPLA was represented on RICC by Lauren Shave (Gilbert + Tobin) and Tim Kavenagh (Kavenagh Legal). The State Committee extends its appreciation to Lauren and Tim for their contribution to RICC on behalf of AMPLA.
Aboriginal Heritage and Native Title Industry Liaison Committee
AMPLA continued to be represented on the Aboriginal Heritage and Native Title Industry Liaison Committee (AHNTILC) by Mark Gregory (Castledine Gregory). AHNTILC considers developments in the law and practice of Aboriginal Heritage and Native Title, and acts as a discussion forum between the key State agencies (DAA, the Department of Premier and Cabinet and the Department of Mines and Petroleum) and peak industry bodies including:
• the Association of Mining & Exploration Companies; • the Chamber of Minerals and Energy of WA; • the Amalgamated Prospectors; • the Leaseholders Association; • the Australian Petroleum Production and Exploration Association; and
AMPLA Annual Report 2018-2019 28 • AMPLA. The State Committee thanks Mark for his ongoing contribution to AHNTILC on behalf of AMPLA.
Government Submissions
A number of submissions were made to WA government departments during the 2017-2018 financial year and are summarized in Table 7. All submissions are public documents and were made available to all WA members via the quarterly e-newsletters.
Date Submission Consultation Topic
4 September WA Office of State Revenue In Confidence Consultation on 2018 Proposed Amendments to the Taxation Administration Act 2003
19 October WA Office of State Revenue In Confidence – Proposed Amendments 2018 to the Taxation Administration Act 2003
28 June 2019 WA Office of State Revenue In Confidence – Commissioner’s Practice DA 42.0 – Certain Transactions Involving Mining Tenements
2018 Mining Law Moot
AMPLA sponsored its annual mining law moot with the semi-final of the competition held on Thursday 4 October 2018 at the Curtin University Law School and the final held on 25 October 2018 at the District Court, Perth. Notre Dame, Murdoch University, and Curtin University participated in the 2018 mining law moot competition. Participating team members were:
Notre Dame: Junior Counsel: John Gray Senior Counsel: Jarrod Pyne Solicitor: Thomas Boyle
Murdoch: Junior Counsel: Hanneke Wiersma Senior Counsel: Marie Forsyth Solicitor: Nil
Curtin: Junior Counsel: James Case Senior Counsel: Amelia Hirst Solicitor: Nil
AMPLA Annual Report 2018-2019 29 The winners of the semi-final moot were Curtin University and Notre Dame.
The winner of the final moot was Curtin University and the winning mooter was Amelia Hirst. Both the semi-final and final competition were extremely close reflecting the high quality of mooters at the 2018 competition.
Acknowledgements
• Courtney Libby (Gilbert + Tobin), Chair of the ELC organized the 2018 Mining Moot. • The question for the semi-final was prepared by George Croft (JWS), and the question for the final was prepared by Courtney Libby (Gilbert + Tobin). • Bronwyn Davis (HWL) kindly presented a Mining 101 seminar with all the mooting participants a week before the semi-final moot was held. • The judges for the semi-final moot were John Southalan (WA Bar Association) and Brendan Fyfe (Jackson McDonald). • The judges for the final moot were Warden O’Sullivan and Tim Kavenagh (Kavenagh Legal).
The State Committee extends its appreciation to everyone involved in making this moot so successful with a special acknowledgement to Courtney Libby for her exceptional leadership in coordinating the 2018 Mining Moot competition.
UWA Mining Law Workshop
The 2018 UWA Mining Law Workshop was held from the 7th November to 9th November 2018. There was a slight change in the course structure on the second day with the addition of a new session on State Agreements. This meant that separate tutorials were not held on the second day in order to accommodate the additional course material.
The course remains popular with over 40 persons attending directly from industry and law firms, as well as post-graduate students. For many years AMPLA WA has supported the workshop by providing volunteer lecturers and tutors.
The State Committee thanks all of those who kindly provided their time this financial year in sharing their expertise with the students as either a guest lecturer or tutor:
Session Name Affiliation
Session 3A James Hunt HopgoodGanim (Surrender, Forfeiture, and Exemption Practice, and Procedure Lecturers Judicial Review)
Session 3B (Transfers Marshall McKenna Gilbert + Tobin and Dealings: Registration and Tenement
AMPLA Annual Report 2018-2019 30 Management)
Session 4 (State John Southalan WA Bar Association Agreements) Adjunct UWA Professor
Session 5 Robyn Glindemann Lantegy Legal (Environmental Issues)
Session 6 (Native Marcus Holmes Land Equity Legal Title)
Session 1 James Hunt HopgoodGanim (Constitutional Tim Kavenagh Framework, Kavenagh Legal Ownership and Land Linda Tompkins Tompkins Legal Open)
Session 2 (Allocation James Healy James McMahon Healy of Mining Rights) Tim O’Leary George Gilbert + Tobin Tutors Croft Johnson Winter & Slattery
Session 5 Darcy Doyle Allens (Environmental) Marshall McKenna Gilbert + Tobin Mining Access Claire McGowan Legal
Session 6 (Native Marcus Holmes Land Equity Legal Title) Cheyne Jansen Ashurst Katherine Perincek DLA Piper
AMPLA University Prizes
Notre Dame University
This financial year AMPLA awarded a cash prize in Mining and Petroleum law at Notre Dame University. The 2018 AMPLA prize was awarded to Louis Re-Matthews, at the School of Law Awards Ceremony held on 10 April 2019. The ceremony was attended by Dr Linda Tompkins (AMPLA branch president) who presented the award to the recipient.
Murdoch University
This financial year AMPLA awarded a cash prize for the best essay in Mining and Natural Resources law to an undergraduate student at Murdoch University. The 2018 AMPLA prize was this year awarded to Daniel Nagatani, at the Dean’s Awards Ceremony held on 2 May 2019 and attended by AMPLA representative Michael Denny (Herbert Smith Freehills) who presented the award.
University of Western Australia
AMPLA Annual Report 2018-2019 31 The 2018 AMPLA Resources and Energy Law Association JD Prize in Mining and Energy Law was awarded to Clancy Bradshaw at the UWA Law School 2018 Academic Year Awards Ceremony held on 29 May 2019. The ceremony was attended by Dr Linda Tompkins (AMPLA Branch President) who presented the award to the recipient.
2018 Essay Competition
Each year AMPLA holds an essay competition for an essay dealing with an aspect of Resources or Energy Law. The 2019 AMPLA essay competition, which closed on 30 April 2019, received a total of six essay submissions from Murdoch, University Western Australia and Notre Dame students.
The winner of the 2019 Essay Competition was Emily Safe from the University of Western Australia for her paper titled “Environmental Impact Assessment in Western Australia - An Adequate Framework for Ecologically Sustainable Development?”.
The winner received a cash prize of $1,000 and a copy of the most recent AMPLA yearbook. The prize was awarded to Emily at the start of the 12 June 2019 seminar by Dr Linda Tompkins (AMPLA WA Branch President).
The State Committee thanks the three judges Alan Murray (King & Wood Mallesons), Ian Gordon (Hogan Lovells), and John Southalan (WA Bar Association) for their time and expertise in reviewing and commenting on the submitted essays..
State Conference
The WA Branch held a State Conference on 17 May 2019 at the Crown Towers.
The general theme for the conference was “Project Development in an Increasing Regulatory Environment”. Vanessa Guthrie was the keynote speaker for the conference. Unfortunately, the Hon Bill Johnston was a late apology and not able to open the conference.
There were a total of 17 speakers with 59% of the speakers representing law firms. The conference had the greatest speaker and chair gender balance of any previous State Conference with a gender ratio of 60:40 men to women.
As a departure from previous State Conferences, there was only one split session after the lunch break. The final session was a plenary session which proved more effective in closing the conference.
Registrations
There was a total of 123 paid registrations, and 19 complimentary passes. The breakdown of 2019 registrations by membership is:
Registrations Early Bird Standard Complimentary
Member 53 26
Non-Member 17 9
AMPLA Annual Report 2018-2019 32 Emerging Leader Member 10
Emerging Leader Non-Member 8
Speakers 17
Volunteers 2
Total 70 53 19
In addition, there were 10 additional names advised to the registration desk on the day for CPD purposes and one AMPLA staff member. Membership profile as compared to the 2017 State Conference are:
Membership 2017 2019
Members 97 79
Non-Members 27 26
Emerging Leaders 2 18
Total 126 123
The reduced price for Emerging Lawyers (<6 years as an Energy & Resource lawyer) proved effective in attracting many junior Energy & Resource lawyers. The high turnout of junior lawyers to the 2019 conference was evident and contributed to the overall conference success.
The breakdown of paid registered attendees by affiliation is shown:
Affiliation 2017 2019
Law Firm 96 84
E&R Company 28 26
Other* 2 13
Total 126 123
*Other includes University academics, students, and barristers
AMPLA Annual Report 2018-2019 33 State Conference
In 2018 Perth hosted the AMPLA National Conference between 17 to 19 October 2018 at the Crown Towers, Perth. The welcome reception was held at The Camfield and the Conference dinner at the Perth Town Hall.
The conference theme was “Energy Transformation”. The keynote speakers were Melissa Bray (General Manager, Department of Industry, Innovation and Science) and Paul Simshauser (Executive General Manager, Infigen Energy). The conference also attracted quality speakers in the Energy and Resource sector as well as many delegates from Western Australia and nationally. More than 245 people registered for the conference
WA e-Newsletters
A new initiative commenced in late 2017 with the launch of a quarterly AMPLA WA enewsletter. The aim of the quarterly enewsletter is to better engage the WA State Committee with its members by providing more transparency to members on the activities of the State Committee.
During the 2018-2019 financial year the following enewsletters were sent to WA members:
• Q3 2018: October 2018 enewsletter • Q4 2018: December 2018 enewsletter • Q1 2019: April 2019 enewsletter • Q2 2019: July 2019 enewsletter
WA membership
AMPLA WA membership as at 30 June 2019 was 279,comprising approximately 39% of AMPLA’s total national membership of 714 (as at 30 June 2019). The 2019 AMPLA WA membership is a decrease on last year’s membership by six members. AMPLA’s national membership has also declined in 2019 from a total of 741 as at 30 June 2018.
As a membership organization, national and branch membership remains a primary concern to AMPLA. New initiatives in AMPLA WA such as the three-part ELC seminar series provided a boost to WA membership during the second half of the 2018-2019 financial year. Similar initiatives are being rolled out in the other branches as well. Key drivers to membership renewals and attracting new members to AMPLA are primarily the number and quality of educational events on offer during the financial year as well as the AMPLA WA conference, national conference, and the ARELJ. Efforts to improve on these offerings will continue nationally into the 2019-2020 financial year.
WA membership as at 30 June 2019.
Membership Type AMPLA National WA Members Members
Associate Members 33 19
Life Members 18 2
Nominee Members 425 163
AMPLA Annual Report 2018-2019 34 Ordinary Members 114 45
Prime Nominees 124 50
Total 714 279
WA membership as at 30 June 2018.
Membership Type AMPLA National WA Members Members
Associate Members 24 15
Life Members 18 2
Nominee Members 428 156
Ordinary Members 135 58
Prime Nominees 136 54
Total 741 285
National Board Representation
During the 2018/2019 financial year the WA Branch was represented on the national board by Ryan Hartfield, as the elected national board representative and Dr. Linda Tompkins in her capacity as WA Branch President. Ryan was elected as Vice President of the national board on 24 November 2017 and Linda Tompkins joined the national board in December 2017.
Following changes to the AMPLA constitution voted on in the third quarter of 2018, all AMPLA branches will only be represented on the national board by their respective elected representatives. The board governance changes were implemented at the national board meeting on 14 June 2019. Dr. Linda Tompkins, as WA Branch President, resigned as a director on the national board at this meeting in accordance with the new board governance framework.
WA Finances
The annual accounts of the WA Branch for the financial year ended 30 June 2019 have been tabled and show a closing cash balance of $382,640.50 (compared to $313,279.04 at the end of the last financial year end at 30 June 2018). The Branch had an operating surplus of $69,276.46 for the 2018/2019 financial year which is more than double from the previous financial year.
Year Income Expenses Surplus
2018 $32,565 $4,018 $28,547 2019 $91,552 $22,276 $69,276
AMPLA Annual Report 2018-2019 35 Contributors to the WA finances during the 2017-2018 financial year are summarized below:
Date Topic Type Regos Revenue Expenses
(Ex-GST) (Ex-GST)
10 July Life Cycle of ELC $5,700.02 Nil 2018 Mining – Part III
3 August Non-Statutory E&R $181.80 Nil 2018 Executive Power over Public Land Resources
22 August Send in the E&R $772.69 Nil 2018 Drones
18 Duty E&R $409.09 Nil September 2018 Considerations for Resources Lawyers
7-9 UWA Mining E&R 22 $20,940.73 n/a November 2018 Law Workshop
27 Western E&R $300.00 Nil November 2018 Australian & Commonwealth Government Resources Policies: Approaches and Implications
12 Energy ELC $3,639.35 Nil February 2019 Fundamentals 1: from Generation to Delivery
14 March Energy ELC $3,800.03 Nil 2019 Fundamentals 2: Transmission, Distribution & Markets
26 March Timber Creek E&R $272.70 Nil 2019 High Court Decision
11 April Energy ELC $3,295.47 Nil 2019 Fundamentals 3:
AMPLA Annual Report 2018-2019 36 The Customer
30 April Safety at the E&R $363.60 Nil 2019 frontier
17 May State E&R 123 $50,313.28 $19,566.71 2019 Conference
27 May Roundtable ELC $431.87 $381.82 2019 discussion with Warden O’Sullivan
12 June Imminent E&R $409.05 Nil 2019 Changes Affecting Mining Transactions
13 June In-House only In- House $340.90 $331.20 2019 WA Branch Seminar – Implications of the Modern Slavery Act on supply chains 19 June The ELC $381.84 Nil 2019 Future of Mining – Blockchain in the Resources Sector TOTAL $91,552.42 $20,279.73
The biggest revenue earners for the WA Branch during the 2019 financial year were the 2018 UWA Mining Law Workshop and the 2019 State Conference followed by the half-day, theme-based, learning and development series.
Acknowledgments
During the 2018-2019 financial year, the WA State Committee received tremendous support from many members, firms, universities, industry, and government agencies.
The State Committee extends special thanks to:
• King & Wood Mallesons who generously provided the venue and breakfast for the monthly State Committee meetings; • University of Western Australia which remains an active partner with AMPLA; • the following Law Firms and Chambers who hosted AMPLA seminars, or events, and/or provided speakers for AMPLA seminars, events, and/or State Conference:
AMPLA Annual Report 2018-2019 37 • Allens, Ashurst, Castledine Gregory, Clayton Utz, DLA Piper, Francis Burt Chambers, Gilbert + Tobin, Herbert Smith Freehills, Hogan Lovells, HopgoodGanim, HWL, Jackson McDonald, James McMahon Healy, Johnson Winter & Slattery, Kavenagh Legal, King &Wood Mallesons, Land Equity Legal, Lantegy Legal, Mining Access Legal, Murray Chambers, Norton Rose Fulbright, Quayside Chambers, Tompkins Legal, and WA Bar Association; and • the following companies and government agencies who hosted AMPLA events and/or provided speakers for AMPLA seminars, events, and/or State Conference: • Alinta Energy, Azure Capital, BHP, CSA Global, DBNGP, Department of Treasury, E3 Advisory, Fortescue Metals Group, Larrikin Public Relations, Office of State Revenue, Perth Mining Warden, Public Utilities Office, PWC, South 32, University of Melbourne, University of Western Australia, and Valuation and Resource Management.
The AMPLA WA President extends a special appreciation and thanks to:
• Sue Timbs (former Executive Director) and Gordon Bunyan (Executive Director); • Joanne Phillips, Darelle Kearins, Robyn Feher (AMPLA national team) whose support was critical to the overall success of the WA Branch during the 2019 financial year; • Lauren Shave, Jessica Dyer, and Courtney Libby for their efforts in putting together a diverse and engaging learning and development program during the financial year; • Michael Brady for stepping up and temporarily picking up the secretarial duties during the Secretary’s job move; • the AMPLA WA executive committee; • Alan Murray, Tim Kavenagh, Mark Gregory, David Marsh, and Rob Merrick (former WA AMPLA Presidents); • members of the AMPLA WA State Committee, particularly those who attended committee meetings and contributed to events, subcommittees, and thought leadership; • AMPLA national branch presidents for sharing of ideas; and • AMPLA national board members
Conclusion
The 2018-2019 financial year was a busy one, with many changes, new initiatives, and a number of new State Committee members. It is a feature of the State Committee that much of the day-to-day work and planning is undertaken by a handful of individuals and sub- committees in-between monthly meetings. The time commitment of those involved is recognized and appreciated.
Membership is very important to a membership organization such as AMPLA. As with many other membership organizations in Australia, members expectations are changing and the demands on professional’s time is increasing. Therefore, in order for AMPLA to continue to provide the learning and development benefits to its members, it is critical that the work load is shared evenly among branch committee members, and that committee members put in the extra effort to get involved and share responsibilities.
As at 30 June 2019, the WA Branch financial position is in good shape and remains the leading financial and membership contributor to the AMPLA organization..
Linda Tompkins
Western Australia Branch President
AMPLA Annual Report 2018-2019 38