The recent report ‘Global trends in climate litigation: 2021 snapshot’ by the Grantham Research Institute on Climate Change and the Environment at the London School of Economics and Political Science found that climate change litigation cases have been significantly increasing during the past six years.
News
Queensland Coal Mining Board of Inquiry Report – What comes next?
Focus: Methane Events and Labour Hire engagement in Safety
The Queensland Government established the Board of Inquiry (Board) in May 2020 after a serious accident at the Grosvenor mine, and a series of other high potential incidents (HPIs) at underground mines in the State between 1 July 2019 and 5 May 2020.
The Board was tasked with examining methane exceedance HPIs at Grosvenor, Grasstree, Moranbah North, and Oaky North underground coal mines.
As part of its work, the Board also considered the impact of labour hire in the mining industry and the perception that labour hire workers were unwilling to speak up about safety issues.
Insuring Australian Coal: Open letter to the insurance industry
I will preface by saying from the outset that I am not suggesting that the mining of coal is good for the environment in any way, shape, or form.
However, I am categorically certain that it is necessary by virtue of how our civilisation has evolved and will continue to be relevant for decades to come in our global energy mix; like many crutches upon which people become reliant, kicking it out from under us will hurt more than it helps.
I am also strongly of the view that if mined and used responsibly, the effects of coal on our environment can be managed. Further, with continued investment and focus on efficiencies and technology like carbon capture and storage (CCS) in heavy use environments, it can be materially reduced while we all work toward balancing our energy creation sources.
Statutory Liability insurance and recent legislative changes
This class of insurance is specifically designed to respond in the event of an insured business, its employees, directors and officers inadvertently breaching an Act of any Australian Parliament by covering defence costs and fines or penalties issued against the business or individuals.
Governments are constantly legislating new laws or amending current legislation to place greater deterrents on businesses with subsequent fines increasing and in some instances being linked to current Consumer Price Index (inflation) levels.
Contractual Risks – Part 2: Proportionate Liability
One critical risk for contractors – and the engineering market more broadly – is the issue of Proportionate Liability legislation. Proportionate liability legislation was an important reform introduced in response to the 2001 insurance crisis and replaced the doctrine of ‘joint and several’ liability.