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Expert laments regulatory over-reach

Michael Hunt speaks to Energy News on Oz petroleum law and new opportunities.

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Hunt started Hunt & Humphry with university mate Chris Humphrey 20 years ago, after both decided they wanted to get out of big law firms, Hunt with Blake Dawson Waldron (now Ashurst) while his partner was at Mallesons (now King & Wood Mallesons). 
 
"We had all the knowledge of big law firms but could charge half the rates and still make a good quid," Hunt told Energy News.
 
On July 1 Hunt & Humphrey will become part of HopgoodGanim, giving the bigger firm access to his boutique's localised mining, oil and gas knowledge in the West Australian market and focus on Africa via Hunt's business.
 
Hunt's firm gains economy of scale and will be better able to service resources clients across the Pacific Islands and Papua New Guinea.
 
Hunt, a former national president and founding member of the Australian Mining and Petroleum Law Association, wrote Mining Law in Western Australia, the fourth edition of which was published in 2009; the Energy and Resources volume of Halsbury's Laws of Australia; and the book Minerals and Petroleum Laws of Australia.
 
The latter is a comprehensive review of all onshore and offshore petroleum and mining laws throughout Australia.
 
Hunt has advised on proposed resource developments overseas across Ghana, Tanzania, South Africa, Mauritania, Zambia, Namibia, Eritrea, Indonesia, Philippines, PNG, Solomon Islands, Malaysia, China, Thailand, Falkland Islands and Vietnam.
 
Over-burdened
 
Having also served as a director of several Australian Securities Exchange-listed junior exploration and mining companies over three decades, Hunt told Energy News that there was "far too much corporate governance" involved in Australia's resources sector.
 
Hunt, who also helped write PNG's mining laws, said that in Australia there had been "too much attempts by the governments intervening in projects they don't know about".
 
"Everyone accepts government plays an important role in ensuring a level playing field and allocating tenure and protecting the environment, but my experience is they've just gone overboard," he said.
 
"From an explorer's point of view it's getting worse.
 
"What's happening in the oil and gas sector is really just a reflection of what happens in the general Australian community. There's an incredible volume of legislation in Australia."
 
That said, Hunt said WA was "probably as good as it gets" in Australia, and internationally, particularly when comparing with regions where he's worked - Asia, Africa and Latin America. 
 
"I have done legal work in Asia, South America and Africa and our regulatory system works so much better than in those places," he said.
 
The positive side was Australia's clear and transparent legislation which ensures "very little sovereign risk".
 
"WA would be ranked in the top 10 destinations in the world for investors in mining, oil and gas, and for good reason, given the size of the place and it's still relatively under-explored," he said.
 
Australia dropped out of the top 20 most competitive countries by one place in the latest IMD World Competitiveness Yearbook, which ranks and assesses 62 countries, issued last week.
 
The last time Australia was this low in the rankings was in 1996 when it also ranked 21.
 
In announcing the results, CEDA research and policy committee chair Professor Rod Maddock said energy infrastructure, the corporate tax rate and how to skill Australia's workforce to take advantage of digital disruption were where Australia performed poorly, and showed the importance of resolving them swiftly.
 
"Australia hasn't had to focus on outbound investment through the mining boom era but increasingly this is an area that we must focus on as it will help give access to global value chains and increase demand and awareness of Australian products and services," he said.
 
"Currently only 2.9% of outbound investment from Australia flows to China and India but given the size of these markets that needs to change.
 
"In the government efficiency rankings the corporate tax rate on profit was the area where Australia had the poorest ranking at 50, highlighting again why change is needed to make us internationally competitive."

 

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