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.