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Mining and Resources Law - LAWS8045
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 9230, 5740, 8058, 5040 or 7335.
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

This course provides a comprehensive understanding of Mining and Resources Law and Practice in Australia. The mining industry is a rapidly developing area of endeavour which is central to Australia’s national development. This comprehensive course examines the legislative framework for exploration and extraction, as well as considering the relevance and applicability of other areas of law to the resource industry. Focus is placed on commercial law and corporate law, including a discussion of trade practices and funding, employment law, tax and royalty issues, trade practices and access to infrastructure. Finally, the course also explores joint ventures, Mining contracts, downstream gas regulation and carbon emissions, renewable energy and complimentary measures.

This course is also available to students enrolled in the Master of Mining Engineering (8508), Graduate Diploma in Mining Engineering (5040) and the Graduate Certificate in Mining Engineering (7335) in the Faculty of Engineering.

LLM Specialisation

Recommended Prior Knowledge

The course builds on prior learning in your LLB degree.

Course Objectives

Students undertaking this course will:
  • develop a functioning knowledge of the legislative basis for mining and resources activity in Australia
  • identify how the financial services sector, environmental law, employments and TPA issues affect the mining and resources area
  • engage in understanding key areas of development in legal regulation of sustainable energy technologies and new markets
  • develop an understanding of the relationship between the mining and resources industry and native title and indigenous Australians.
  • evaluate the laws, rules and issues relating to the mining resource industry

Main Topics

  • Overview of the relevant state legislative framework governing the mining and resources industry including mineral claims, mining licences, crown reservations, royalties
  • Corporate and commercial considerations including funding, capital raising trade practices, mergers and acquisitions, joint ventures and due diligence.
  • The regulation of environmental laws and obligations and stakeholder attitudes toward them
  • Employment law, including OH&S, contracting and outsourcing contracts.
  • Legal issues arising from emerging technologies and new markets such as carbon and water trading
  • The relationship and collaborative potential between the mining and resources industry and indigenous Australians and native title

Assessment

There is 1 assessment component:

Research Essay of 7,500 words - 100%
Topics must be agreed upon in consultation with the lecturer.

Course Texts

Prescribed

Duncan, W.D (ed). Joint Ventures Law in Australia (2nd ed) (2005) Federation Press.

Recommended

Additional recommended texts are listed in the Course Outline provided by the lecturer. Also provided in the course outline are journal articles and required Legislation. When seeking access to these resources you can obtain assistance from the UNSW Library. One starting point for assistance is the UNSW Library Resources

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.