78232 Mining Law and Regulation
Warning: The information on this page is indicative. The subject outline for a
particular session, 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.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 8 cp
Result type: Grade and marks
Requisite(s): 78100c Postgraduate Legal Research
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): 76055 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; |
|---|---|
| 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: | 5,000 Words |
Assessment task 2: Class presentation and paper
| Weight: | 30% |
|---|---|
| Length: | 1,000 words |
Assessment task 3: Class Participation
| Weight: | 20% |
|---|---|
| Length: | 1,000 words |
