Mining and Resources: New Law, New Cases
Issues covered include: Mining Titles Validation Bill, Forrest v Wilson, ealth and safety obligations, administrative decisions in the resources sector, compensation under Native Title Act
Description
Being across the usual lay of the land in mining and resources simply isn’t enough. With significant new legislation, it’s critical that you stay up to date on the latest developments and how to leverage them into success. Attend this roundtable to learn what you need to know about critical new legislation and significant recent cases.
Attend and earn 4 CPD units in Substantive Law
This seminar was recorded in WA on 26 March 2019
Chair: Stephen Wright SC, Francis Burt Chambers
NEW LAW
9.00am to 10.00am: Mining Titles Validation Bill: After Forrest and Forrest v Wilson
- Key issues in Forrest & Forrest v Wilson and why the decision created uncertainty
- Broader implications for tenement applications and security of tenure in WA
- How the Validation Bill might operate as a ‘legislative fix’ to the uncertainty created by the decision
- Analysis of the proposed changes to section 116 of the Mining Act, and a discussion of whether it will reaffirm the Minister’s power to grant mining tenement applications even if non-compliant
- A consideration of the native title issues the proposed amendments may trigger and need for complementary Commonwealth legislation to be enacted
Presented by James Hunt, Partner, HopgoodGanim
10.00am to 11.00am: New Health and Safety Obligations for Officers and Directors of Mining and Exploration Companies
- New WHS laws will cover all workplaces in Western Australia, including mines, in one Act
- Increased responsibilities on boards and senior management
- Increased powers for workplace representatives and the safety inspectorate
Presented by Nick Ellery, Partner, Corrs Chambers Westgarth
11.00am to 11.15am Morning Tea
NEW CASES
11.15am to 12.15pm: Recent Developments in Judicial Review of Administrative Decisions in the Resources Sector
- Review of recent High Court decisions regarding administrative law and judicial review of decisions under the Mining Act
- Survey of recent Supreme Court decisions outlining key aspects of grant and forfeiture of mining tenements
Presented by Mark Gerus, Barrister, Francis Burt Chambers
12.15pm to 1.15pm: Compensation under the Native Title Act
A discussion of the relevance to the mining industry of Northern Territory v Griffiths D1/2018, the first Native Title compensation case heard in the High Court which was also the first High Court case heard in Darwin.
Presented by Justin Edwards, Barrister, Francis Burt Chambers