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Tanya Denning

Tanya Denning, a Partner at Baker McKenzie, is a recognised expert in the energy and resources sector with over 20 years' experience and strong relationships with industry participants and regulators. She has a reputation as one of Australian's market leading experts in energy, particularly in cross border, multi-jurisdictional transaction, and projects and transaction that break new ground and require a solutions driven, innovative approach. Tanya provides an end-to-end specialist advice covering the full value chain of oil & gas (including LNG), electricity & new energy and resources, and has an acute understanding of the sensitivities and motivations of market players across these industries. Tanya has acted extensively on developing energy sector businesses; energy and resources M&A transactions; power generation (including renewables), energy storage and energy network (electricity and gas) project development, construction, operation and asset management; mining project development; wholesale energy trading and contracting (physical commodity and derivative contracts for electricity and gas including corporate PPAs, electricity retail sale, gas supply and gas transportation); connection application and agreements for the electricity grid; retail energy advisory work and contracting including new energy retail services; and energy and resources market regulatory reform and advisory work. Tanya's broad experience means that she has worked on various projects and supply, storage and transport matters across Australia and offshore, with current market knowledge of the negotiating positions and regulatory issues that arise and the solutions to address them. Tanya's experience has gained her leading recognition as Best Lawyers Australia 'Lawyer of the Year' in Oil & Gas for Melbourne from 2018 to 2020, listed in Best Lawyers Australia for 'Energy Law', 'Mining Law', 'Oil & Gas' and 'Natural Resources Law' since 2015 as well as 'Projects Lawyer of the Year', 2017 by Lawyers Weekly. Tanya is also the National President of AMPLA (Energy, Renewables & Resources Lawyers Association) and trusted advisor to several major electricity and downstream natural gas businesses operating in competitive wholesale and electricity markets.

Baker McKenzie’s Global Guide to Critical Minerals examines the status and strategic legal background for critical minerals across a number key mining jurisdictions, as well as the applicable legal and regulatory framework for their extraction, highlighting the rapid change in the critical minerals space as the energy transition accelerates.

Following the Energy Ministers’ meeting on 8 December 2022 and the National Cabinet meeting on 9 December 2022, the Australian Commonwealth government announced that a new Capacity Investment Scheme (CIS) will be established, alongside other measures in the Energy Price Relief Plan.
The CIS is aimed at unlocking approximately AUD 10 billion in private and public sector investment in new clean dispatchable storage and generation to ensure reliability and security in Australia’s energy market, as well as affordable electricity supply and reduce Australia’s exposure to high coal and gas prices over the medium and long term.

A range of climate-related policies are likely to be introduced in Australia as the country looks to strengthen its climate position through a new federal government.
A range of climate-related policies are likely to be introduced in Australia as the country looks to strengthen its climate position through a new federal government.

With a recent influx of federal and state government funding, and the world’s largest green hydrogen project pipeline in place, Australia is well positioned to become a leading hydrogen producer and exporter. However, one outstanding aspect of this nascent industry – which could influence its future success – is the development of an internationally recognised certification scheme.

On 5 May 2021, the federal government announced its intention to make amendments to the National Greenhouse and Energy Reporting Regulations 2008 (the NGER Regulations) and National Greenhouse and Energy Reporting (Measurement) Determination 2008 (the Measurement Determination). The NGER Regulations outline the requirements for reporting entities under the NGER scheme and the Measurement Determination provides methods for estimating GHG emissions and the production and consumption of energy.

The Statutes Amendment (National Energy Laws) (Penalties and Enforcement) Act 2020 (Act) commenced on 29 January 2021, arming the Australian Energy Regulator (AER) for the first time with the power to compulsorily seek information and to undertake compulsory examinations in the course of investigations.  The Act also very significantly increases the maximum penalties for contraventions of the civil penalty provisions in the National Energy Law and associated legislation and rules, on terms that are analogous to the penalty regime in the Australian Consumer Law.

This alert summarises the key changes and risks associated with the new regime that market participants should be aware of, and identifies steps that should now be taken to minimise those risks.