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Energy & Natural Resources

Energy

Powering Progress in a Rapidly Evolving Industry

Salerno Law’s dedicated team of energy and infrastructure lawyers advises across the full energy and natural resources landscape — including mining, oil and gas, renewables, and environmental law.

Our integrated approach ensures seamless legal support from project inception through to delivery.

We offer deep expertise in clean energy initiatives, procurement and project delivery, regulatory issues, planning and environmental compliance, commercial transactions, property acquisition, due diligence, and project financing.

Our team works with investors, miners, operators, contractors, developers, and financiers across the entire energy value chain — upstream and downstream — delivering commercially focused, innovative legal solutions to the sector’s most complex challenges.

How we can help

At Salerno Law, we deliver legal solutions that keep pace with a fast-changing world. Our experienced legal team combines deep expertise with a practical, client-first mindset to deliver timely, accurate, and commercially-focused outcomes. With a presence across Australia and internationally, we offer seamless support no matter where our clients operate. By leveraging modern technology and a commitment to clear communication, we provide efficient, cost-effective legal services that never compromise on quality or results.

Clean Energy & Renewables Law

Our lawyers working in clean energy and renewables provide legal guidance throughout the lifecycle of renewable energy projects, including solar, wind...

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Regulatory & Compliance Law

Our experienced lawyers play a critical role in ensuring that projects comply with Australia’s complex regulatory landscape. Energy development...

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Power Purchase Agreements (PPAs)

Power Purchase Agreements (PPAs) are essential contracts in the energy sector, providing the commercial foundation for energy generation projects...

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Property & Land Access

Lawyers play a vital role in securing the land rights needed to develop and operate energy projects. These projects, whether solar farms, wind installations...

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Mergers & Acquisitions (M&A)

Lawyers in the energy M&A space guide clients through complex transactions involving the acquisition, sale, or merging of energy assets and...

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Project Finance & Investment

Lawyers play a key role in structuring and securing the finance needed to develop and operate energy projects. This includes advising on debt and equity...

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Our Experience

  • Acted in all aspects of development of over 60 mining projects around Australia and oversees including Sonoma Coal Project, Monto Minerals Ilmenite Project, Gladstone East End Gold Mine Expansion Project, Cape Alumina Project, Bowen River Coal Project , Byerwen Coal Project, Drake Coal Project, Minerva Coal Project (New Hope), Kestrel (formerly Gordonstone) Coal Project, Cameby Downs Project, Cook Coal Mine, and Ebenezer Coal Mine Extension (Idemitsu).
  • Acted in relation to numerous commodity sales arrangements both in and outside of Australia, such as the long term gas purchase arrangements for the Gove Alumina operations, Bauxite and Alumina sales arrangements for Alcan, various mineral sales arrangements for Monto Minerals Ltd, gold and base metals arrangements in Australia and PNG.
  • Development of the Cubico owned 500MW Wambo Wind Farm Project (Queensland).
  • Solar Farm Development: Advising ACG in relation to development or a number of Australian Solar Farm developments.
  • New England and Ashford dual Solar Farms and Battery Energy Storage System (BESS): Acted in all aspects for development of two associated solar and BESS projects in the Regional Grid with Essential Energy.
  • Acted in the purchase of Callide Coal Mine

Energy FAQs

Projects typically require environmental approvals, planning permits, and grid-connection approvals. This includes compliance with federal and state environmental laws, local planning schemes, and any industry-specific rules for wind, solar, hydrogen, or storage projects. Because these projects have long lead times, identifying and securing all necessary approvals early is critical.

 

Lawyers provide strategic advice on emerging regulations, emissions targets, and compliance with renewable-energy schemes. They monitor legal changes and recommend modifications needed for ongoing compliance.

The main regulators include the Australian Energy Regulator (AER), the Australian Energy Market Operator (AEMO), the Clean Energy Regulator, and various state-level planning and environmental agencies.

 

Legal teams help interpret and implement the technical and operational standards set out in the rules, advise on grid-access and performance obligations, and manage compliance reporting and audits.

Key clauses include pricing mechanisms, energy-delivery obligations, credit support, curtailment rights, termination triggers, and renewable-certificate allocation. These terms affect project bankability and risk allocation.

 

Corporate PPAs are signed directly with end users—usually businesses—often to meet ESG or net-zero goals, whereas utility PPAs involve sales to a licensed energy retailer or government body.

Developers may need freehold ownership, lease agreements, easements, or licences, depending on the project. These rights must be negotiated with landowners, Indigenous groups, and sometimes state or federal governments.

 

Projects on land subject to native title may require Indigenous Land Use Agreements (ILUAs). Legal teams ensure compliance with the Native Title Act and any relevant cultural-heritage protections.

Risks include non-compliance with environmental laws, unstable land tenure, poorly drafted PPAs, grid-connection issues, and unresolved planning approvals. Thorough legal due diligence is essential before finalising any transaction.

 

Common structures include project-finance models, joint ventures, and public–private partnerships. Legal teams draft loan documents, manage investor agreements, and facilitate access to green-finance tools such as sustainability-linked loans and grants.

 
 

Our Insights

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Clean Energy and Renewables Law

Our lawyers working in clean energy and renewables provide legal guidance throughout the lifecycle of renewable energy projects, including solar, wind, hydrogen, and battery storage initiatives. Their role begins at project inception, offering advice on feasibility, structuring, land access, and planning approvals. They assist with licensing and ensure compliance with complex federal and state regulations, including emissions targets, renewable energy schemes, and carbon credit markets.

A key focus is helping clients navigate environmental and planning laws, as well as securing the necessary permits and regulatory approvals for generation, storage, and transmission infrastructure. Our legal team also advise on project structuring, including joint ventures and partnerships, and assist with power purchase agreements (PPAs), financing arrangements, and risk allocation among stakeholders.

For developers, investors, and government agencies, our lawyers provide strategic advice that aligns legal, commercial, and sustainability objectives. They identify available incentive schemes and ensure projects comply with Australia’s evolving clean energy policy landscape. Whether advising on a large-scale wind farm or a hydrogen pilot project, we help ensure legal compliance, reduce risk, and support the long-term success and bankability of renewable energy ventures.

Regulatory and Compliance Law

Our experienced lawyers play a critical role in ensuring that projects comply with Australia’s complex regulatory landscape. Energy developments are subject to a wide array of federal and state rules, including the National Electricity Rules (NER), environmental legislation, and market regulations administered by bodies such as the Australian Energy Market Operator (AEMO), Australian Energy Regulator (AER), and the Clean Energy Regulator.

We assist clients to obtain the necessary generation, retail, or transmission licences, and advise on ongoing obligations such as reporting, emissions reduction targets, and compliance with energy efficiency programs. We guide project developers and operators through grid connection processes, market registration, and adherence to technical and operational standards.

Regulatory compliance is not a one-off task but an ongoing requirement. Our legal team work closely with clients to manage compliance risks throughout the life of a project, advising on regulatory audits, changes in legislation, and market rule updates. We also represent clients in dealings with regulators, including responding to investigations or enforcement actions.

Whether for traditional utilities, renewable energy projects, or emerging technologies like battery storage and hydrogen, our lawyers ensure operations are legally robust and responsive to Australia’s dynamic energy regulatory environment.

Power Purchase Agreements (PPAs)

Power Purchase Agreements (PPAs) are essential contracts in the energy sector, providing the commercial foundation for energy generation projects. Our lawyers play a key role in negotiating and drafting PPAs to ensure they are legally sound, financially viable, and aligned with market and regulatory requirements. These agreements govern the sale and purchase of electricity, often over long periods, and are critical for securing project financing and revenue certainty.

We advise energy producers, project developers, corporate offtakers, and large energy users on both traditional utility-scale PPAs and corporate PPAs, which are increasingly used by businesses seeking stable energy pricing and sustainability credentials. Legal services include advising on pricing mechanisms, delivery and metering obligations, performance guarantees, curtailment risks, credit support, and default and termination clauses.

In addition to structuring terms that reflect each party’s risk appetite and commercial goals, our legal team ensure compliance with the regulatory environment, including emissions reporting and renewable energy certificate schemes. Whether supporting a new solar or wind farm or helping a corporation achieve its net zero commitments, legal advice on PPAs helps clients manage risk, attract investment, and secure the long-term success of their energy arrangements.

Property and Land Access

Lawyers play a vital role in securing the land rights needed to develop and operate energy projects. These projects, whether solar farms, wind installations, battery storage facilities, or transmission infrastructure, often involve complex land arrangements that require detailed legal structuring and negotiation.

Our legal support includes advising on the acquisition of land through freehold purchases, leases, licences, or easements, and ensuring appropriate access rights are in place for construction and long-term operation. We negotiate with private landowners, Indigenous groups, and government agencies to secure tenure while managing the risks of dispute, delay, or community opposition.

Our experienced lawyers also conduct environmental and planning due diligence, checking for zoning restrictions, contamination, heritage issues, and compliance with local and state planning schemes. Where native title or cultural heritage concerns exist, we provide guidance on meeting statutory obligations and negotiating Indigenous Land Use Agreements (ILUAs).

From early-stage site identification to finalising access deeds and resolving land use conflicts, our lawyers ensure that property arrangements align with regulatory requirements and commercial objectives. Our work helps de-risk projects, maintain timelines, and secure the legal foundations necessary for energy developments to proceed confidently and compliantly.

Mergers and Acquisitions (M&A)

Lawyers in the energy M&A space guide clients through complex transactions involving the acquisition, sale, or merging of energy assets and businesses. These may include operational facilities, development-stage projects, or interests in joint ventures across sectors such as renewables, transmission, and storage.

Our legal support begins with due diligence, where we assess legal, regulatory, and commercial risks associated with the target asset or company. This includes reviewing contracts, permits, land tenure, environmental obligations, corporate governance, and potential liabilities. Based on this analysis, our lawyers help structure the transaction to optimise value, manage tax implications, and ensure regulatory compliance.

We draft and negotiate transaction documents, including share sale agreements, asset purchase agreements, and joint venture arrangements, tailored to the energy sector’s unique challenges. Our lawyers also manage regulatory approvals from bodies such as the Foreign Investment Review Board (FIRB) and the Australian Competition and Consumer Commission (ACCC), ensuring timely completion of the deal.

Whether a client is acquiring a wind farm, selling a solar portfolio, or entering a hydrogen joint venture, our lawyers ensure the transaction is executed efficiently, legally sound, and aligned with long-term strategic goals in Australia’s dynamic energy market.

Project Finance and Investment

Lawyers play a key role in structuring and securing the finance needed to develop and operate energy projects. This includes advising on debt and equity arrangements, government grant programs, and tax-effective investment structures suited to both traditional and renewable energy developments.

We work closely with sponsors, lenders, investors, and government bodies to develop legally robust and commercially viable financing models. This includes drafting and negotiating loan agreements, security documents, intercreditor deeds, and shareholder agreements that allocate risk appropriately and support the project’s financial close.

Our legal team also assists in conducting due diligence for investors and financiers, identifying legal risks that could affect project viability or funding conditions. We advise on government grants, clean energy incentives, and green financing mechanisms, such as sustainability-linked loans or community investment models.

As the energy sector rapidly evolves, we help clients access innovative funding pathways, while ensuring full compliance with financial and energy market regulations. Whether funding a utility-scale solar farm or a new hydrogen facility, we deliver legal solutions that balance investor confidence, regulatory obligations, and long-term project success.

Litigation and dispute resolution

Litigation within the agribusiness sector refers to legal disputes and court actions that arise in connection with agricultural operations. These cases often require in-depth understanding of both the legal system and the unique regulatory landscape of agriculture. Our firm has extensive experience with the full gamut of legal disputes such as:

The key areas that we can assist with include:

  • Contractual Issues: Disagreements often arise from contracts involving supply chains, land leases, share farming, agistment arrangements, partnerships, joint ventures, and various other commercial agreements typical in the agricultural industry.
  • Land Access and Compensation: Conflicts may occur over access to land for activities like mining, gas exploration, or infrastructure development, often involving compensation claims for landowners.
  • Workplace Disputes: Litigation may stem from matters such as wrongful termination, employment agreement breaches, or occupational health and safety concerns on farms or in agribusiness operations.
  • Environmental and Biosecurity: Disputes may be triggered by non-compliance with environmental regulations, pollution events, water contamination, animal and plant health including pest and disease control measures or debates surrounding water usage and rights.
  • Intellectual Property Rights: Conflicts might arise over ownership or use of agricultural intellectual property such as plant variety rights, trademarks, and other proprietary innovations.
  • Farm Succession and Inheritance: Disputes over the division of farming assets, family trusts, or the interpretation of wills often lead to litigation in the context of generational farm transfers.

Rural property acquisitions and sales

The purchase or sale of rural land involves a broad spectrum of legal considerations that require careful attention. Key issues often include legal access to the property, the existence of easements, water rights and entitlements, land zoning regulations, potential land contamination, and the impact of native title, mining interests, and cultural heritage protections. It is also essential to assess the tax implications of the transaction, particularly in relation to Goods and Services Tax (GST) and Capital Gains Tax (CGT).

Salerno Law has extensive experience navigating the complexities of rural property matters at local, national, and international levels. We provide comprehensive support throughout the entire transaction process—from initial due diligence and review of contractual documentation to stakeholder engagement and final settlement. Our goal is to ensure that every legal aspect is addressed thoroughly and efficiently, safeguarding your interests every step of the way.

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Acquisition and leveraged finance

Opportunities in a tightening market

Borrowers and lenders face increasing pressure as leveraged finance markets tighten in the face of higher interest rates, inflation and geopolitical uncertainty. To explore new opportunities at the outset of any deal, market participants require the support of experienced, detail-oriented advisers who understand the competitive and potentially complex nature of this sector.

Expert advisers with an innovative approach

Ashurst’s global leveraged finance team advises major financial institutions, private equity houses, alternative asset managers, mezzanine financiers and corporations. Leveraged finance is a core area of expertise for Ashurst. Our team has institutional knowledge across sponsors, credit funds and banks, which means we can streamline the process for you. We have experience in the full range of leveraged.