76055 Mining Law and Regulation
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Credit points: 6 cp
Result type: Grade and marks
Requisite(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.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | appreciate the legal and commercial factors impacting upon the various stages of investment in the Australian mining industry; |
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| 2. | apply the relevant legal principles from legislation and case law to scenarios involving the operation of, and investment in, the Australian mining industry; |
| 3. | appreciate how developments relating to the regulation of investment in the Australian mining sector have shaped and influenced Australian law. |
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 (topics)
- 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 task 1: Research Assignment
| Weight: | 50% |
|---|---|
| Length: | 4,000 Words |
Assessment task 2: Class presentation and paper
| Weight: | 30% |
|---|---|
| Length: | 1,000 words |
Assessment task 3: Class Participation
| Weight: | 20% |
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