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Course

Mining and Resources Law - JURD7545

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:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Excluded: LAWS8045

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 competition law and funding, employment law, tax and royalty issues, 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 particularly useful for students interested in commercial law, in particular in the mining and resources sector. The equivalent 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.

Recommended Prior Knowledge

It is recommended that students complete JURD7283 Land Law and JURD7224 Business Associations prior to enrolling in this course.

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:
  1. Understand the legislative basis for mining and resources activity in Australia
  2. Identify how the financial services sector, environmental law, employment and competition law issues affect the mining and resources area
  3. Understand key areas of regulatory development relating to sustainable energy technologies and new markets
  4. Understanding the relationship between the mining and resources industry and native title issues.
  5. 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

 
Essay Plan – 1,500 words 20%
Research Essay – 6,000 words 80%

Law Books

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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