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Course

Mining and Resources Law - LAWS8045

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

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: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

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 financing mining projects, employment law, tax and royalty issues, competition law, and access to infrastructure. Finally, the course also explores joint ventures, mining contracts and carbon emissions, renewable energy and complimentary measures.

This course is also available to students enrolled in the Master of Mining Engineering (8058), 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 are 2 assessment components:

Take home exam - 40%
(2,500 - 3,000 words)

Problem research assignment - 60%
(3,000 - 4,500 words)

Course Texts

Prescribed

Given the diversity of the topics, there is no single text prescribed. The Course Outline will indicate a list of useful texts concerning most of the areas considered in the course.

Course Outline will be provided closer to course commencement.

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
Law Books

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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