Mining Charter III: certainty, but at a cost

The Broad-Based Socio-Economic Empowerment Charter for the Mining and Minerals Industry, 2018 (Mining Charter III or the Charter) came into force on Friday, 1 March 2019 - almost three years after the publication of the first draft. This brought to a close nearly three… Read more

Climate change impacts used to reject new NSW coal mine

Proponents seeking consent for new projects, or modifications of existing projects, with ‘material’ greenhouse gas emissions across all industries in NSW should carefully assess climate change impacts, particularly if the proposal is not ‘carbon neutral’. What has happened? On 8… Read more

Federal Government Announces Junior Mineral Exploration Tax Credit

On 2 September 2017, the Government announced a welcome new four-year $100 million Junior Mineral Exploration Tax Credit (JMETC) following the expiry of the existing Exploration Development Incentive (EDI) exploration credit regime. The JMETC will commence this 2017-18 financial year.… Read more

Extension of WA co-funding drilling exploration program

The Western Australian State Government (State) recently announced the thirteenth round of applications for the Co-Funded Exploration Drill Program (Program), with an additional $5 million in grants available for explorative drilling programs in the 2016 / 2017 year. To date,… Read more

Mining & Petroleum Law – NSW legislative changes update #2

Maximum term of exploration licences extended from 5 to 6 yearsOn 1 March 2016 the Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015 (NSW) (Harmonisation Act) commenced by proclamation (except Schedule 2(23) which commenced on 18 December 2015). The object… Read more

Mining & Petroleum Law – NSW legislative changes update #1

Renewal application for exploration licences: onus to justify larger than default area shifts to applicantOn 1 March 2016 the Mining and Petroleum Legislation Amendment (Harmonisation) Act 2015 (NSW) (Harmonisation Act) commenced by proclamation (except Schedule 2(23) which commenced on 18… Read more

Increased capacity at port of Port Hedland

The Pilbara Port Authority announced earlier this month that it will be increasing its capacity at the port of Port Hedland by 16% over the next 3 years. This will see the port’s capacity increase from 495,000,000 tonnes to 577,000,000… Read more

Update – Innovative Resources Tenures Framework, Queensland

On 12 October 2015, Herbert Smith Freehills attended the Queensland Department of Natural Resources & Mines workshop on the Innovative Resources Tenures Framework in Brisbane.The purpose of the workshop was to discuss the Policy Position Paper, which was released in… Read more

Mining and petroleum tenure reform in Queensland

Material changes are proposed to the tenures under which minerals and petroleum are explored for in Queensland. The Department of Natural Resources and Mines recently released a policy position paper titled ‘Innovative resources tenures framework’ (Reform Policy). Consultation with the… Read more

Update on mineral royalty rates in Western Australia

No increase in mineral royalty rates in the 2015-16 State BudgetThe Western Australian Government (Government) has confirmed in the 2015-16 State Budget that mineral royalty rates will not be increased as a result of the Mineral Royalty Rate Analysis Final… Read more

Indonesia announces renegotiation of BITs

Since the Dutch government’s announcement last year that Indonesia had terminated the 1995 Bilateral Investment Treaty (BIT) between those countries, speculation has been rife regarding the status of Indonesia’s remaining BITs, signed with more than 60 countries.On 12 May 2015,… Read more

Enforcement of ICSID award

Gold Reserve v Venezuela and the enforcement of ICSID awardsIn recent years, Latin American states have increasingly resisted The International Centre for Settlement of Investment Disputes (ICSID) state-investor dispute mechanism, which they claim favours investors. One of the key criticisms… Read more

Extension of time for the Queensland Rail 2008 undertaking

On 5 November 2014 Queensland Rail requested an extension to the termination date of QR Network’s (2008) June 2010 Access Undertaking (2008 Access Undertaking), which is currently set to expire on 31 December 2014. QR requested this extension following submission… Read more

The Liberian mining law reform and the impact of the Ebola crisis

Despite its relatively small size (approximately 110,000km with a population of four million people), Liberia, the oldest republic in Africa, is a resource-rich country with significant deposits of iron ore, gold and diamonds.The West African mining industry is facing significant… Read more

A new mining law for Mozambique

The Mining Law 20/2014 of 18 August 2014 (the New Mining Law) came into force in Mozambique on 22 August 2014 replacing the previous mining regime under Mining Law 14/2002 of 26 June 2002 (except in relation to mining contracts… Read more

ICSID claim filed against Indonesian Government

On 1 July, PT Newmont Nusa Tenggara and its majority Dutch shareholder Nusa Tenggara Partnership BV, announcedthat they have filed international investment arbitration proceedings against the Indonesian Government to seek relief from export restrictions that have halted production at the… Read more

Baosteel and Aurizon in control of Aquila Resources

On Thursday, 3 July, Aurizon announced that Baosteel Resources Australia and Aurizon Operations (the Bidders) entered into a Takeover Implementation Agreement (TIA) with Aquila Resources (Aquila) to facilitate the change in control and management of Aquila to the Bidders.Tony Poli… Read more

Insurers raising the bar on flood insurance claims

The Queensland 2010/11 wet season was even wetter than 2008, with insurers raising the bar on making insurance claims for flooded pits by increasing the policy excess, re-defining an ‘event’ to mean any single 72 hour period of rainfall, and… Read more