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PLMJ | December 2007

 1. On 31 December 2008, Law 67-A/2007, of 31 December, which enacted the 2008 State Budget, was published. In this booklet, we will discuss the main changes that will take place in our tax laws as a result of this Law, with effect from 1 January 2008.  A) PERSONAL INCOME TAX (IRS) i) Capital income – IRS Category E 2 ...

AELEX | December 2007

NIGERIA’S MINING ACTS - A Case Study for Mining Reform

Shepherd and Wedderburn LLP | December 2007

On 19 September, the Commission announced its third legislative package aimed at liberalising the EU’s electricity and gas markets ...

Lawson Lundell LLP | November 2007

On October 25, 2007 the Alberta Government announced a new royalty regime that will see a 20% increase in royalties for the development of the province’s non-renewable energy resources. Starting in 2009, oil and gas companies are expected to be paying roughly $1.4 billion more a year in royalties ...

Lawson Lundell LLP | November 2007

On March 15, 2007 BC Hydro filed its first general rate design application in 16 years (after a lengthy government imposed rate freeze that ended in 2003, an enquiry into the allocation of the benefits of BC Hydro’s low-cost Heritage Resources, two revenue requirements proceedings and its first comprehensive longterm resource planning review in this year) ...

Lawson Lundell LLP | November 2007

On September 30, 2007, on its own motion and without notice, the Alberta Energy and Utilities Board (AEUB) issued a decision voiding its approvals of both the Alberta Electric System Operator’s (AESO) need assessment and general routing selection and AltaLink Management Ltd.’s (AltaLink) subsequent facilities application related to the proposed 500kV transmission reinforcement between Edmonton and Calgary ...

Lawson Lundell LLP | November 2007

In September, 2007 the AESO removed the 900MW threshold on wind power generation. In response to concerns about the Alberta system’s ability to absorb significant volumes of intermittent resources, in 2006 the AESO had capped wind facility interconnection to the Alberta system at 900MW until such time as appropriate mitigation measures were established to ensure wind power did not jeopardize system reliability ...

Lawson Lundell LLP | November 2007

The Alberta Court of Appeal recently granted Atco Gas and Pipelines Ltd.’s (ATCO) application for leave to appeal AEUB Decisions 2005-63 and 2007-005 and Interim Order U2005-133. In those decisions the AEUB required ATCO to maintain certain natural gas reservoir storage assets (the “Carbon Facilities”) in rate base ...

Lawson Lundell LLP | November 2007

In his September address to the Union of B.C. Municipalities, the Premier announced that the Western Climate Initiative is working collaboratively to develop a cap and trade system by next August. British Columbia will also require hard caps on GHG emissions from all heavy emitters in B.C. All ministries and Crown agencies will be legally required to be carbon neutral by 2010 – “no ifs, ands or buts” ...

Lawson Lundell LLP | November 2007

Prior to 1987, natural gas was supplied to end use customers in British Columbia by monopoly service providers only on a bundled basis. In 1987, Inland Natural Gas Ltd., a predecessor company to Terasen Gas Inc. (“TGI”), pioneered open access in this province by applying to establish transportation service rates for its industrial and large commercial customers. Open access was made available to those customers commencing in 1987 ...

In this long running case, the Court of Appeal has granted Dwr Cymru (on 26 July) leave to appeal the Competition Appeal Tribunal's (the CAT) finding that Dwr Cymru had abused its dominant position by setting an access charge that resulted in a margin squeeze on Albion Water (Albion). The Court of Appeal is due to hear the case later this year ...

Lawson Lundell LLP | October 2007

DEALING WITH MINING LEGACY – SOME CANADIAN APPROACHES(1)1. INTRODUCTIONIn this paper we discuss approaches that have been used in Canada to identify and foster private sector, public and aboriginal participation in dealing with mining environmental liabilities and orphan sites(2) ...

AELEX | October 2007

The Current Mineral Licensing Regime in Nigeria

Shepherd and Wedderburn LLP | September 2007

The European Commission has published its report outlining its proposed changes to the European energy market.In order to open the continent's gas and electricity markets up to greater competition, the Commission has proposed the separation of energy suppliers and producers, a move which would see the break up of firms such as E.ON and Electricite de France ...

Shepherd and Wedderburn LLP | September 2007

The global biofuels industry needs to be better regulated to ensure it does not harm the environment, the UK's climate change minister has stated.Speaking at a recent conference organised by Britain's Renewable Eneregy Association, Phil Woolas MP cited several studies which have shown that biofuel production has led to deforestation and increased house prices in some areas of the world, most notably across Asia ...

Shepherd and Wedderburn LLP | September 2007

Ofgem announced last week that it is delaying its decision on proposals relating to transmission losses. The gas and electricity market regulator's previous statement that it favours one of several proposals before it on this subject has caused considerable consternation among commentators in Scotland ...

Lawson Lundell LLP | July 2007

The Federal Court of Canada recently released its decision in Ahousaht First Nation v. Canada (Fisheries and Oceans)(1). The case considered an application by 14 First Nations represented by the Nuu-chah-nulth Tribal Council (“NTC”) for judicial review of a decision of the Minister of Fisheries and Oceans regarding the implementation of a commercial groundfish pilot plan on the British Columbia coast (the “Pilot Plan”) ...

Deacons | July 2007

On 16 March 2007, the Standing Committee of the National People’s Congress promulgated the Enterprise Income Tax Law of the People’s Republic of China. The Law harmonises the tax laws applicable to foreign and domestic enterprises. The new law marks a major change in PRC tax policy. Effective 1 January 2008, both domestic enterprises and foreign-invested enterprises (FIEs) will be subject to income tax at the unified rate of 25% ...

Deacons | July 2007

The State Administration of Taxation issued the Measures on the Self- Declaration of Personal Income Tax (Trial Implementation) on 6 November 2006. The Measures cover the filing process for those who satisfy one of the following conditions:1. Annual income of 120,000RMB or more; 2. Wages or stipends earned from two or more sources within China; 3. Income earned outside China; 4. Any acquired taxable income without withholding; 5 ...

Deacons | July 2007

On 27 November 2006, the Ministry of Finance and State Administration of Taxation jointly issued the Notice Regarding Several Stamp Tax Policies. The Notice states that:1. Stamp tax will be levied on contracts submitted electronically. 2. Stamp tax will be levied on purchase and sale contracts between power plants and power grid networks and on those between two power grid networks ...

PLMJ | June 2007

Since we are in the season for the distribution of dividends, it is not without use to review and update, our last charter on this issue. It shall be recalled that in 2005 the Portuguese tax system streamlined its rules for the taxation of dividends, by harmonising rates which previously varied in accordance to the nature of the recipient of the dividends ...

Several of the currently producing oil fields in the United States have been producing for approximately one hundred years while many other fields have long since ceased production having reached the end of their economic life. As the domestic oil and gas industry matures and many of the once productive fields become depleted, the industry faces what is arguably its most significant challenge ...

In this article, the authors address state-level law on water use and its possible effect on land use decisions. They then examine how federal water-related laws are increasingly impacting land use.  Land use regulation, particularly zoning, has traditionally been considered a matter to be handled not by state or federal government but by local government— towns and counties ...

The European Commission's January report on the energy sector competition made uncomfortable reading for the European Union's Council of Energy Ministers, who were presented with it in February and considered its proposals at the EU summit in March.The clear message from the Commission is gas and electricity is too expensive ...

Lawson Lundell LLP | January 2007

This paper was presented at The Canadian Institute’s 2nd Annual Oil & Gas Law Summit Overcoming the Regulatory Challenges and Uncertainties to Keep Your Project on Track on January 22 – 23, 2007 in Calgary, Alberta. Oil and gas exploration in Canada’s North has a long history that dates back to the oil well drilled in Norman Wells in 1920. The North is recognized as holding a significant portion of Canada’s potential for undeveloped oil and gas ...

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