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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.

Excluded: JURD7545

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

Corporate and Commercial Law
Corporate, Commercial and Taxation Law

Recommended Prior Knowledge

The course builds on prior learning in your LLB degree.

Course Aims

The course aims to give students knowledge of key areas of law associated with mining and resources. In particular, it will develop student knowledge of the legislative basis for mining and resources activity in Australia, explore intersections between other sectors and issues (financial services, environment, employment, competition law, native title) with mining and resources, and develop students' understanding of key areas of development in legal regulation of sustainable energy technologies and new markets. Students will also be given the opportunity to evaluate laws, rules and issues related to the mining and resources industry.

Learning Outcomes

At the conclusion of this course, students should be able to:

Understand the legislative basis for mining and resources activity in Australia
Identify how the financial services sector, environmental law, employment and competition law issues affect the mining and resources area
Understand key areas of regulatory development relating to sustainable energy technologies and new markets
Understanding the relationship between the mining and resources industry and native title issues.
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