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Energy

Helping to achieve practical and sustainable outcomes that help communities prosper

We have extensive experience and deliver significant industry market knowledge in dealing with complex and broad-ranging legal and regulatory issues in the Energy sector.

The current upheaval in Australia’s energy markets has distinct but not unique characteristics – energy markets are transforming in similar ways around the world.

A transition away from fossil fuels towards renewable energy, highly centralised, one-way electricity grids are becoming more distributed, with multiple sources of generation, storage and demand management, and the shift in the demand profile are all driving significant transformation in the energy sector.

How can we help you?

our Energy team has worked in the sector since major transformation began in the 1990s and our understanding of the industry’s commercial needs, political pressures and local laws is unrivalled in South Australia.

We work in partnership with our clients, regulators, industry bodies and communities to achieve practical and sustainable outcomes that help communities prosper.

We are closely involved in a number of industry associations including corporate membership of the Clean Energy Council. Head of our Energy Practice, Jeremy Schultz is a founding board member of the CEC and as such, is the longest serving member of the council.

We use our networks, expertise and resources to not only get results for our clients, but also to contribute positively to the growth and development of the energy sector as a whole.

Our diverse and experienced teamwork for clients in energy generation, transmission and retail, advising on acquisitions and mergers, key project agreements, contracts and regulatory frameworks as well as joint venture and finance agreements.

We are at the forefront of advice to the renewable energy sector and have worked on many ground-breaking developments, successfully negotiating projects from their inception through to development and in many cases to expansion.

We advised on the development of South Australia’s first private wind farm at Lake Bonney and many wind farm developments since, including the Snowtown Wind Farm and the Lincoln Gap Wind Farm.

Our project work has in recent years extended to connection arrangements for new mining projects, solar farm generation projects such as the Cultana Solar Farm Project, hybrid generation projects such as the Cooper Pedy wind, solar and diesel generation project, a hydrogen renewables project in Western Australia and a number of storage projects.

We also act for clients in the geothermal and solar industries and advise retail energy participants on requirements underpinning the Renewable Energy Target and advise on Power Purchase Agreements in this sector.

Recent Experience

Ceres Windfarm

  • Advising on offtake arrangements, development and planning approvals, land access and OTR engagement

Coober Pedy Hybrid

  • Licensing, land access, PPA and other transaction documentation

Goyder Windfarm

  • Land access

Lake Bonney Wind Farm

  • PPA and connection agreements, EPC and other contracts and regulatory requirements

Lincoln Gap Windfarm & BESS

  • Finlaysons, together with Herbert Smith Freehills, advised Nexif Energy on all South Australian aspects of the project including land tenure and due diligence, native title, grid connection, licensing and compliance, development and planning approvals and transmission connection documentation

Palmer Windfarm

  • Development and planning approvals (and related planning appeals), land access

Snowtown Windfarm, Stage 1 and 2

  • Licensing, land access, development and planning approvals and advising on transmission connection agreements and EPC contracts.

Zero Cost Energy Future Project

  • Transmission connection documentation (11 sites), regulatory advice

Coober Pedy Hybrid

  • Licensing, land access, PPA and other transaction documentation

Cultana Solar

  • Land access, native title and aboriginal heritage

ESCRI BESS

  • Aspects of battery operating documentation

Hornsdale BESS (Big Tesla Battery)

  • Transmission connection documentation (first ever grid scale BESS connection in SA)

Murchison Hybrid

  • Land access, ministerial engagement

Robertstown Solar

  • Land access, development and planning approvals

SA Energy Security Plan

  • All aspects of installation, commissioning and operation of SA back up power plant. Advising in respect of the agreement to lease for the relocation of the SA Government emergency generators and related matters

Solar Reserve Project

  • Native title and aboriginal heritage

Solar River Project

  • PPA and EPC contracts

Snowtown Solar

  • Development and planning approvals

Tailem Bend Solar

  • Preparing and negotiating all land access, easement and tenure and transmission connection documentation required for the Tailem Bend Solar Project, and advising in all required native title advices, consents and approvals, development and planning approvals

Whyalla Solar Project

  • Preparing and negotiating all land access, easement and tenure documentation required for the Whyalla Solar Project, and advising in all required native title advices, consents and approvals
  • Acting for an energy client in relation to a number of debt/capital raisings in the United States private placement market
  • Acting for an energy client in respect of syndicated debt facilities in excess of $200 million involving 4 major Australian banks and a number of major overseas based banks
  • Advising an ASX listed entity in relation to a $185 million institutional placement of ordinary shares and in relation to a partial restructure of the entity’s corporate group
  • Acting for ASX listed resources company in relation to a non-renounceable entitlement offer and associated capital raising
  • Advising on the structure of entity/assets for the sale process in relation to a major renewable project development
  • Acting for a US-based energy client in relation to all aspects of the sale of circa $250 million of power generation equipment to an Australian Government
  • Advising on a share acquisition of all of the issues shares of a wind farm development company owning assets in Western Australia
  • Acting for an ASX listed resources company on its merger with a Canadian-listed resources company involving consolidation and listing on the Toronto Stock Exchange
  • Advising a New Zealand based renewables developer in relation to its FIRB compliance requirements in respect of multiple operational Australian wind farms.
  • Advising in relation to the sale of shares in an Australian renewables developer to a company incorporated in Malta, with its head office operations in Ireland, as part of a larger transaction involving a project sell down to a Spanish company.
  • Advising a renewables developer on the FIRB implications of its acquisition of options and easements over various landholdings.
  • Advising an electricity entity on the FIRB implications of its proposed issue of shares to foreign investors.

Recent Industry Recognition and Awards:

Jeremy SchultzRUAG Australia Pty Ltd (Non-Executive) Director & Company Secretary, Clean Energy Council Founding Board Member, Best Lawyers of Australia 2021, 2020 – Energy Law, Doyles Recommended Energy & Resources Lawyers – South Australia, 2018

Andrew DydaDoyles Recommended Energy & Resources Lawyers – South Australia, 2019 

Related Sectors & Services

 

Key Services

  • Project agreements
  • Connection agreements
  • Engineering, procurement and construction (EPC) contracts
  • Power purchase agreements
  • Landowner agreements
  • Native title
  • Environmental issues
  • National electricity law
  • Regulatory frameworks
  • Planning approvals
  • Licensing approvals
  • Foreign Investment Review Board approvals
  • Mergers and acquisitions
  • Due diligence
  • Mandatory renewable energy targets (MRET) and green energy credits advice
  • Greenhouse Gas Emissions and Abatement Schemes
  • Corporate governance
  • Workplace issues