76055 Mining Law and Regulation

Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Handbook description

This subject examines the various Australian laws and regulations that govern and impact upon investment in the mining industry. Topics examined include: the history, development and current status of mining regulation in Australia; key mining law concepts – such as the ownership of minerals, mining tenements, mining claims, and the regimes for the payment of royalties; the State and Territory licensing regimes governing mineral exploration and extraction; and the laws governing investment across the life cycle of mining operations (exploration, set up of mining operations, extraction of minerals, the sale and export of minerals, and the sale of mining assets). This includes the relevant provisions of the Corporations Act 2001 (Cwlth) relating to corporate fundraising (Ch 6D) and mergers and acquisitions (Ch 6); the Foreign Acquisitions and Takeovers Act 1975 (Cwlth); the ASX Listing Rules, and the JORC Code for the Reporting of Mineral Resources and Ore Reserves. The subject also examines the use of joint venture structures in the mining industry.

Other issues examined include native title, environmental law considerations, infrastructure access, the regimes for the onshore and offshore extraction of petroleum and gas, and the legal framework for dispute resolution. The subject concludes by briefly examining some of the current issues impacting on the Australian mining industry such as carbon taxing and trading, and the proposed Mining Resources Rent Tax.

The subject involves a comparative consideration of the laws across the Australian states and territories and is not limited to New South Wales.

Subject objectives/outcomes

This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.

Objective 1: To appreciate the legal and commercial factors impacting upon the various stages of investment in the Australian mining industry - Targeting Graduate Attributes: 1, 2, 5

Objective 2: To apply the relevant legal principles from legislation and case law to scenarios involving the operation of, and investment in, the Australian mining industry - Targeting Graduate Attributes: 1, 2, 3

Objective 3: To appreciate how developments relating to the regulation of investment in the Australian mining sector have shaped and influenced Australian law Targeting Graduate Attributes: 1, 5, 7

Contribution to course aims and graduate attributes

The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.

INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.

PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.

PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.

Teaching and learning strategies

Strategy 1: Seminar discussions. This course will be taught in a series of 3 hour seminars. Each will include a lecture component and small and large group discussions on pre-assigned problems and discussion questions.

Strategy 2: Class presentations. Each student will prepare a practical case study based on a pre-assigned topic to analyse the operation of the legal and commercial issues. This will be presented to the class for group discussion and submitted as a short written assignment.

Strategy 3: Practitioner speakers. The course will feature several practitioners as guest speakers which will provide a practical focus on the application of the law.

Content

• Introduction
• Key concepts in Australian mining law
• Licensing regimes
• Mining exploration financing
• Prospecting, search and exploration 2
• Mining leases
• Set up and operation of mining projects
• Sale and export of mine produce
• Petroleum and gas regulation
• Sale / Purchase of interests in mining projects – and of mining companies
• Dispute resolution arrangements for the Australian mining industry
• Topical issues in Australian mining law

Assessment

Assessment Item 1: Research Assignment

Assessment Item 2: Class presentation and paper

Assessment Item 3: Class Participation