We have a highly experienced energy team with specialist skills in electricity, gas, climate change/carbon, and renewable energy.
Members of our team have been at the forefront of energy regulatory reform since the 1990s.
We combine our expertise to advise on, and assist clients with:
- Regulatory risk and compliance
- Energy contracting and projects
- Specialist disputes in the wholesale and network sectors
- Energy sector M&A
- Law and market reform, strategy and policy.
Energy law spans technical, economic and legal concepts, which requires a keen eye for detail and an ability to grasp the complex web of an ever-changing regulatory landscape. Our team relishes this challenge.
We enjoy collaborating with industry participants, government, regulators and fellow advisers within this dynamic and often challenging environment.
We have extensive experience in the electricity sector and work with a range of clients including electricity retailers, generators, network service providers, large electricity consumers, and metering and embedded network service providers.
Support we deliver:
- Wholesale electricity market and retail energy regulatory advice, including National Electricity Law, National Electricity Rules, National Energy Retail Law and National Energy Retail Rules, and state and territory electricity law requirements
- Advising on large electricity projects, M&A and other major electricity transactions
- Negotiation of electricity sector agreements including power purchase agreements, connection agreements, electricity retail supply agreements, network service agreements, metering service agreements and embedded network service agreements
- Representing market participants in electricity market and access dispute processes under the National Electricity Rules
- Advice on structuring, contracting and regulatory compliance for electricity storage, embedded network, metering, distributed generation and new energy technology projects
- Advising on consumer law and privacy issues for participants in the electricity sector.
We advise and assist a wide range of gas industry stakeholders, including gas retailers, pipeline operators, large gas customers and gas storage service providers.
- Negotiation of gas sale agreements, gas transportation agreements, gas storage services agreements and gas processing agreements
- Advising on regulatory compliance issues, including National Gas Law and National Gas Rules requirements and management of major gas sector reforms
- Advising on large gas projects, M&A and other major gas transactions
- Representing market participants in gas market and access disputes under the National Gas Law and National Gas Rules
- Advising on legal, market and policy reforms affecting the gas sector including, consumer law and privacy issues
- Assistance with general commercial contracting, negotiations and reviews.
We support and guide a range of clients with renewable energy projects, including solar and wind farm developments and acquisitions, and energy storage projects.
- Advice on regulatory risk and compliance
- Due diligence reviews
- Negotiation of power purchase agreements, connection agreements and other key agreements relevant to renewable projects
- Management of trading and registration of renewable energy certificates.
We advise private and public sector clients on carbon and climate change reforms and compliance schemes, including emissions reduction and carbon tax schemes dating back to the mid-2000s. Our experience covers regulatory and compliance advice, emissions reduction projects, negotiation of carbon liability management agreements and managing issues associated with pass-through of carbon costs.
New Energy Technologies
We frequently combine our interests in technology and innovation with our legal experience to advise new energy technology businesses on regulatory risk and compliance issues, and commercial contracting and negotiation.
In particular, we have deep expertise in supporting clients to navigate complex regulatory frameworks which were not designed to accommodate new or innovative energy solutions.
Advising the Department of Environment, Land, Water and Planning on round 1 of the Energy Innovation Fund
Hive Legal acted as the legal adviser to the Victorian Government on Round 1 of the Energy Innovation Fund, a Victorian Government grants program administered by the Department of Environment, Land Water and Planning (DELWP) that supported the development of offshore wind projects in Victoria.
The Hive team prepared the template funding agreement for the program that would allow DELWP to financially assist projects through the early stages of their development. Hive then assisted DELWP in negotiating the terms of individual funding agreements with the relevant project developers Macquarie Group, Star of the South, and Flotation Energy, through to execution.
Hive also provided legal input to the applicant evaluation process, and performed the legal due diligence required for DELWP to progress funding agreement negotiations with shortlisted funding recipients.
Hive Legal advises Origin on the $267 million sale of its smart metering business
Hive Legal advised Origin Energy on the sale by competitive bid process of its ‘Acumen’ smart metering business to intelliHUB, a company to be jointly owned by Pacific Equity Partners and Landis+Gyr.
Hive’s role on the sale process included advising on business and sale structure, regulatory and data issues, evaluation of bids and preparation and negotiation of the suite of transaction documents. We also assisted Origin in preparing and negotiating a suite of long-term metering service agreements which were signed as part of the overall transaction.
Hive’s team is excited to have acted on these arrangements. They represent a significant development in the competitive metering market in Australia’s National Electricity Market, following major metering regulatory reforms which came into effect in December 2017.
Assisting Risen Energy, with its recent solar project acquisition in Australia
Advising QIC through its $1.78 billion acquisition of the Iona Gas Storage facility from Energy Australia
Hive Legal’s team provided specialist gas contracting expertise to QIC on its $1.78 billion acquisition of the Iona Gas Storage facility from Energy Australia. The Iona facility is now operated by Lochard Energy and is used by major energy companies to manage their gas supply and plays an important role in the Victorian gas market. The legal and commercial aspects of transaction were highly complex, and required a deep understanding of the East Coast gas market.
Hive was engaged to advise QIC on the negotiation and documentation of the foundation contract that underpinned the acquisition. We performed that role alongside QIC’s other main legal adviser for the broader transaction, King & Wood Mallesons, working collaboratively to ensure that the legal aspects of the transaction thorough, seamlessly managed, and leveraged the complete capability of both firms.
Hive is pleased to provide ongoing legal advice to Lochard Energy.
Principal and Founder