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"The second edition has been comprehensively updated to include new content on the United Nations Convention on the Law of the Sea, Australian Energy Market Commission, the gas export market, resource royalties and environmental impact assessments. It also discusses the impacts of climate change and environmental regulation on energy policies in Australia, including climate legislation, the regulation of renewable energy sources, initiatives such as carbon capture and storage, and the transition away from fossil fuels. Updated case and legislation extracts articulate the nature of the regulatory and statutory obligations that Australia's mining, offshore and onshore petroleum, natural gas and resources companies must adhere to."--

The implementation of a responsive and coherent property framework, capable of effectively supporting the progression of a rapidly expanding unconventional gas industry is proving to be a complex and intricate process for many countries. The theory of mineral ownership that underpins any regulatory framework represents its point of departure. It is increasingly clear that the problems associated with the expansion of unconventional gas development have challenged both private and state based models. This article examines how the core principles that form the foundation for land and mineral ownership in both the United States and Australia have responded to the rapid expansion of the unconventional gas industry. The conventional inertia associated with institutionalized property frameworks has meant that the frameworks are largely resistant to external change. Hence, whilst the transformation that has occurred in the energy industries following the advent of unconventional gas development has been remarkable, ownership frameworks have struggled to cope. Many principles that evolved in a period when unconventional gas was inconceivable are now proving ill-equipped and non-responsive to the new energy environment. This Article argues that the stasis that afflicts ownership frameworks has precluded many of the conventional principles from adapting to meet the needs of this new energy revolution. This has generated an increasing imperative, in both the United States and Australia, to develop and implement legislative initiatives that revise or alter the way in which the schema of orthodox ownership principles applies to unconventional gas. Focused legislative development will promote adaptable, consistent, and structured principles, which in turn will allow ownership frameworks to respond to the operational demands of a new energy era.

At the date of writing, the proposed amendments to the Aboriginal Land Rights Act 1976 (NT) endorsing the transfer of customary ownership to the Northern Territory government in exchange for a re-grant of a sub-lease, had not yet been passed. This article examines the rationalisations underlying this proposed change and the broader implications for customary ownership. Individuated title cannot accurately encompass the cultural foundations of indigenous ownership because it is sourced in a different ontological perspective. It is argued that the transformation of customary ownership into individual title will destroy its unique communal foundation, dislocate indigenous 'tenants' from their customary identity and produce a complex network of fractionalised interests. It is argued that such a shift is ultimately a retrograde step which, as experience in the United States and New Zealand has clearly shown, cannot provide an economic solution for remote indigenous communities.