Scale of disaster may warrant overhaul for resources sector of force majeure clauses

The cyclone fuelled batterings this year of key Australian energy and mining operations should trigger a complete rethink on force majeure provisions, according to a senior resources lawyer.

The caution comes as many of the country’s largest and mid-tier oil, gas and minerals producers, and owners of related export infrastructure, count the emerging full cost, liability and contractual exposure from operations shut down temporarily or permanently amid the massive floods, rain and storm damage that have swept Australia since New Year’s Day.