Mining and Resources Law Review
With Australia well positioned to meet the growing global demand for vital mining and resource commodities, it’s important that you’re across the latest commercial and legal issues impacting the mining sector. Demystify continuous disclosure reforms, deep dive into state agreements, uncover climate change litigation risks, and take away a guide to mining abroad. Attend to deepen your understanding of the commercial and regulatory environment while honing your knowledge and skills in the area. 223W03
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Description
Attend and earn 4 CPD points including:
0.5 point in Competency Area 2: Professional Skills
3.5 points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Leigh Warnick, Barrister, Francis Burt Chambers; Leading Commercial Litigation & Dispute Resolution Junior Counsel and Recommended Insolvency & Restructuring Junior Counsel, Doyle’s Guide 2021
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Continuous Disclosure of Listed Exploration Companies
- August 2021 reforms
- Contrast liability of officers involved in breach with liability for negligence
- What securities are taken into account to determine persons who commonly invest?
- What information is ‘generally available’?
Presented by Alan Mizen, Partner, Mizen and Mizen
DECIPHERING STATE AGREEMENTS
9.50am to 10.35am State Agreements for Mining and Resources Projects: Mineralogy and More
- Summary of this regulatory form of large resources projects in WA and other States
- Legal issues arising in the drafting and operation of state agreements
- Examine the background and issues of Mineralogy & Palmer v WA [2021] HCA 30 & [2021] HCA 31, and the broader implications from these decisions
Presented by John Southalan, Mediator (NMAS), Barrister, Adjunct Professor, University of Western Australia & Murdoch University
10.35am to 10.50am Morning Tea
10.50am to 11.35am State Agreement Case Study: State of Western Australia v Graham on Behalf of the Ngadju People [2016] FCFCA 47
- State agreements and the mining legislation
- Distinctions between Federal and State contexts
- WA Supreme Court and Federal Court statutory interpretation of State agreements
- Diverging views of State and Federal Courts regarding mining rights
Presented by Dr Natalie Brown, Lecturer and Tutor Administrative Law, University of Western Australia
11.35am to 12.20pm Climate Change Litigation Update for Mining and Resources Lawyers
- Current and past drivers of climate change litigation
- Effects of the COVID-19 pandemic on climate change litigation
- Looking forward: what to expect next
- How mining and resources companies can minimise climate change litigation risks
Presented by Michael Robbins, Special Counsel, DLA Piper Australia
Competency Area 2: Professional Skills
12.20pm to 1.05pm Perils and Pitfalls of Mining Operations in African Countries
- Getting your foundation right
- Understanding and complying with your obligations
- Not losing sight of the bigger picture
- Practical examples
Presented by Caroline Keats, Managing Director/CEO, Kopore Metals Limited
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Leigh Warnick
Leigh practises in the fields of corporate, commercial and resources law. , Before joining the Bar in 2013, Leigh spent many years working as a partner in major commercial law firms, in the fields of corporate and resources law. He has been recognised by Best Lawyers Australia for his expertise in both of these fields., Leigh is the author of a number of articles on State Agreements for resource projects. He is also one of the authors of Thomson, Warnick & Martin, Commercial Contract Clauses - Principles and Interpretation, published by Thomson Reuters.,
Alan Mizen
Alan has practised in the areas of mining, oil and gas and commercial litigation for approximately 41 years. After being a partner in a mid-sized commercial firm for 6 years he commenced his own firm in 1985 in which he continues to practise.
John Southalan
John’s legal practice involves advising and representing clients in litigious and non-litigious matters, with a focus on resources and contractual disputes. His work has also covered mining regulation, in advising governments (Australian and international), mining companies, land-owners, communities and non-government organisations. John’s book Mining Law and Policy: International Perspectives (Federation Press) is used in various university mining law courses. He has published widely on issues of human rights and business, mining regulation, climate change, Indigenous rights, minerals taxation, CSR regulation, and mining agreements. He is a contributing author for LexisNexis Native Title Service, providing quarterly updates on five chapters including compensation, agreements, prescribed bodies corporate, and native title representative bodies.
Dr Natalie Brown
Natalie worked for the Yamatji Marlpa Aboriginal Corporation from 2011. In 2018, the UWA awarded Natalie a PhD for her research project entitled ‘Still waters run deep. Pilbara iron ore State agreement rights to mine dewatering and water law reform’. The research used archived state records to reveal confidential aspects of WA’s State agreements that authorise the state’s lucrative iron ore industry. After completing her PhD, she worked for the Department of Mines Industry, Regulation and Safety. Natalie currently works at the UWA as a lecturer, her topics are Administrative Law and Property Law.
Michael Robbins
Michael is in DLA Piper’s Finance & Projects team where he focuses on complex commercial and construction disputes. Prior to his role at DLA Piper, he was a Senior Associate in the Hong Kong office of a US law firm acting clients in numerous international commercial arbitrations, including under the ICC and HKIAC rules. Michael is qualified (and maintains practising certificates) in three jurisdictions: Western Australia; New York; and Hong Kong. He has appeared as counsel and instructing solicitor in the District Court of Western Australia, the Supreme Court of Western Australia, the Federal Court of Australia and the Hong Kong High Court. Michael was Deputy Counsel at the ICC International Court of Arbitration (in Hong Kong, 2014-2015).
Caroline Keats
Caroline Keats is a focused business leader and corporate executive with 20 years of corporate/commercial experience. She has extensive experience working with assets in foreign jurisdictions, particularly Africa and has successfully liaised with foreign governments to improve understanding about operational and Australian corporate requirements. Caroline has facilitated outcomes beneficial to mining projects, local communities and the local economy. Caroline is legally qualified, having commenced her career as a lawyer at Blake Dawson Waldron (now Ashurst) and then at Blakiston & Crabb (now Gilbert & Tobin). She has since worked in senior management and executive roles at Paladin Energy Ltd, Mawson West Limited, MRX Technologies (a Siemens business) and more recently held the Managing Director role at Tiger Resources Limited. Ms Keats is currently a Director of Rincon Resources Ltd and the Managing Director of Kopore Metals Ltd
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.