76055 Mining Law and Regulation
6cpRequisite(s): ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in 102 Credit Points C04250 Juris Doctor Master of Business Administration OR 22 credit points of completed study in C04147 Master of Legal Studies OR 22 credit points of completed study in C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR 78101c Postgraduate Legal Research OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78232 Mining Law and Regulation
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.
Detailed subject description.
Fee information
Information to assist with determining the applicable fee type can be found at Understanding fees.
- Commonwealth-supported students: view subject fees at Fees Search: Commonwealth-supported
- Postgraduate domestic fee-paying students: fees are charged according to the course enrolled in; refer to Domestic Fees Search: Postgraduate and Research
- International students: fees are charged according to the course enrolled in; refer to International Fees Search
- Subject EFTSL: 0.125
Access conditions
Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.
