Mining, Energy & Resource Law

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Simon’s background immediately prior to coming to the private bar includes the following career milestones –

He was Director Advocacy for the conduct of prosecutions under the various Queensland mining and petroleum safety and health legislation;

He gained extensive experience advising State Government in relation to electricity, mining and resources law during his appointment with  the former Dept of Mines & Energy and DEEDI. Managing prosecutions under mining safety and health legislation, including prosecutions for deaths and grievous bodily harm cause on mine sites, incidents involving detonation of explosives, and licensing and official direction breaches.

Since coming to the Private Bar, Simon's experience has broadened, acting for clients in defending such matters against government and expanding to include work relating to defending environmental prosecutions and claims, as well as compensation agreements. 

Experience

• Advising and appearing for mining lease holders in judicial review proceeding in the Supreme Court on mining lease conditions and in Land Court proceedings concerning reopening of a compensation agreement under the Mines and Resources Act 1989.
• Defending prosecutions under the Mining and quarrying Safety and Health Act, the Coal Mining Safety and Health Act 1999, the Petroleum and Gas (Production and Safety) Act 2004 and the Explosives Act 1999. See WHS experience
• Provision of advice to Director-General (as Regulator under the Electricity Act 1994) on breaches of conditions of Retail Authorities by Origin Energy, AGL and Queensland Electricity;
• Provision of advice to Director-General on various emergency matters, including the Collingwood Park subsidence incident;

• Provision of  advice to the Minister on various matters, including application of the Mineral Resources Act 1989, the Petroleum and Gas (Production and Safety) Act 2004 and the Judicial Review Act 1991;

• Legal representative on the Underground Coal Gasification (UCG) Inter-departmental Working Group;

• Provision of advice to the department generally on application of the Mineral Resources Act 1989, the Petroleum and Gas (Production and Safety) Act 2004, the Mining and Quarrying Safety and Health Act 1999, Coal Mining Safety and Health Act 1999, and the Explosives Act 1999;

• Provision of advice on, and management of, various administrative law matters, including conduct of applications for judicial review of decisions by officers of the Department and the Minister and drafting of various documents, such as draft statements of reasons;

• Appearance in the Supreme Court, Land Court, Land Appeal Court and QCAT on trials, hearings and mentions of matters for the Department;
  - See for example Drake Coal Pty Ltd & Anor v MacNicol [2011] QLC 0009

• Management of prosecutions under the Mining and Quarrying Safety and Health Act 1999, Coal Mining Safety and Health Act 1999, the Petroleum and Gas (Production and Safety) Act 2004,  and the Explosives Act 1999.