Mining and Resources Law Update
In this actionable blueprint on mining and resources, gain impact solutions for your practice. Review the latest cases and statutory developments from the courts. Investigate ESG considerations for the Mining sector and various laws that interact with mining law for expeditious and successful mining project development. Drill down on all the critical elements in this deep dive into critical legislation and significant recent cases. 233W03
Description
Attend and earn 4 CPD points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Dr Natalie Brown, Lecturer and Tutor Administrative Law, University of Western Australia
9.00am to 10.00am Mining Law Disputes and Case Update
This session will cover the dynamic nature of recent legal and statutory developments in the Mining sector: from the Warden’s Court, the Supreme Court/court of Appeal and the Federal Court of Australia.
Presented by Mark Gerus, Barrister, Francis Burt Chambers; Best Lawyers 2023, Mining Law, Natural Resource Law, Native Title Law, Litigation, Alternative Dispute Resolution
10.00am to 11.00am Intersection of Mining Law with Native Title and Aboriginal Heritage Laws
There has always been a critical nexus between mining, native title and Aboriginal cultural heritage laws and the prospects for expeditious and successful mining project development.
- What is best practice engagement with the laws for the grant of exploration, infrastructure and productive mining tenements, launch and operation of projects with the requisite ESG and licence to operate green light
- Next wave of native title litigation: Compensation including mining compensation, with miners on the hook for liability under mining laws
- Best way to steer a legally compliant, commercial and best practice way forward through this intersection of laws
Presented by Marcus Holmes, Principal, Land Equity Legal
11.00am to 11.15am Morning Tea
11.15am to 12.15pm State Agreements for Mining and Resources Projects: Mineralogy and More
- State Agreements remain significant form of regulating large mining and resources projects
- The High Court’s 2021 decisions on the ongoing dispute and arbitration about the Mineralogy state agreement leave much unanswered
- Further questions arise from subsequent Federal Court proceedings (International Minerals [2022] FCA 938) and revelations in defamation proceedings (Palmer [2022] FCA 893)
- Little transparency of potential international investment arbitration, and there is a pending Queensland appeal decision on the registration (and overturning) of the Australian arbitration awards
Presented by John Southalan, Mediator (NMAS), Barrister, Adjunct Professor, University of Western Australia & Murdoch University
12.15pm to 1.15pm ESG Considerations for the Mining Sector
Presented by Goran Galic, Partner, Allen & Overy; Best Lawyers 2023, Mining Law, Natural Resources Law
Presenters
Dr Natalie Brown
Natalie Brown received a Bachelor of Laws with first class honours from the University of Western Australia (UWA) in 2011. She received the Jean Rogerson Studentship award for her overall fourth place in the 2011 cohort. After graduation, she worked for the Yamatji Marlpa Aboriginal Corporation before accepting a PhD research offer funded by the National Centre for Groundwater Research and Training and the Centre for Mining, Energy and Natural Resources Law. 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.
Mark Gerus
Mark Gerus has 25 years' experience in commercial and resources , litigation having previously been the founding litigation partner at boutique , firm Blakiston & Crabb and in the litigation department of Gilbert + Tobin. In , 2017 Mark commenced practice as a barrister at Francis Burt Chambers. , He has acted for resource companies in complex disputes relating to , mining tenements, the sale and purchase of mining projects, split , commodity arrangements, joint ventures, off take arrangements, royalties, , termination of contracts and State Agreements. Mark has appeared as , counsel on behalf of mining and exploration companies in the Mining , Warden's Court in relation to all aspects of the Mining Act and "bet the , company" litigation relating to mining projects. Mark has conducted , Applications for the judicial review of State and Commonwealth Ministerial , decisions relating to major resource projects. Mark has a Bachelor of Laws , from the University of Western Australia (1992) and a Master of Laws from , the University of Melbourne (2003).
Marcus Holmes
Marcus Holmes is Principal of Land Equity Legal, Perth- based native title, mining and environmental lawyers. Marcus has specialised in native title and Indigenous heritage law since the 1992 Mabo decision and has worked for major resources companies in WA, Victoria, NSW, Queensland, South Australia and the Northern Territory. He is also an experienced commercial property, environmental and mining lawyer. As well as working for mining companies in native title negotiations, Marcus works with Indigenous land councils and for native title holder groups through their corporations and is a specialist in agreement making and as a mediator/ facilitator in Developer/ Indigenous and intra-Indigenous dispute resolution.
John Southalan
John is a barrister (WA Bar Association) and adjunct academic (Universities of Dundee, Western Australia, Murdoch and Curtin). His 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 teaches the post-graduate course International and Comparative Mineral Law at the Centre for Energy, Petroleum and Mineral Law and Policy (Scotland) and his book Mining Law and Policy: International Perspectives (Federation Press) is used in various 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.
Goran Galic
Goran Galic is a specialist energy and resources lawyer who, in over 14 years of experience, has advised a broad spectrum of mining and energy clients in Australia and internationally. Goran has extensive experience in major mineral and oil and gas projects including in relation to project approvals, development and associated operations. His clients include those in the Iron ore, alumina, coal and LNG sectors. He has lectured in mining law at tertiary level and devised the syllabus for the Executive Mine Contracting and Construction Program at Curtin University's School of Mines. He is currently advising a number of clients in relation to mine expansion projects. Goran has been actively involved in the energy and resources industry throughout his career.
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.