NSW Government clarifies the strategic future of coal exploration and mining in New South Wales

On 24 June 2020 the NSW Government released its ‘Strategic Statement on Coal Exploration and Mining in NSW’ (the Statement), which outlines the Government’s policy position on future coal mining and exploration in New South Wales and aims to provide increased certainty to industry and community stakeholders. The new policy position recognises the ‘finite lifespan’ … Read more

What commodities are showing more resilience from COVID-19 and why?

Olivier Binyingo, a director in the Johannesburg office of Herbert Smith Freehills South Africa LLP who has built particular experience in the Democratic Republic of Congo, will participate in a DRC Mining Week webinar on Thursday 18 June, 11:00 GMT which will address questions such as: Will the permanency of these declines be tied to … Read more

COVID-19 and the impact on competition law – mining

This article was originally posted to Competition Notes on April 6 2020. The rapid spread of COVID-19 across the world, and notably Europe, in recent weeks is placing increasing strain on our economies, in addition to the tragic human impact. Several implications for competition law have already emerged. In the update below, we summarise (non-exhaustively) … Read more

Western Australia’s new lithium royalty regime

On 11 October 2019 the Western Australian government announced that it will introduce a new royalty regime for lithium producers in the form of a 5% feedstock royalty rate for lithium hydroxide and lithium carbonate where those are the first products sold and the feedstock is spodumene concentrate. The announcement comes after a recent review … Read more

Briefing note – NROLA Act introduces amendments to the MRA and PAGA

Overview On 15 May 2019, the Queensland Parliament passed the Natural Resources and Other Legislation Amendment Act 2019 (NROLA Act). The Act implements a large number of changes across 34 pieces of land, water and mining legislation.1 Relevantly, the NROLA Act includes reforms to the administration of coal and petroleum exploration tenements in Queensland. This … Read more

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 years of uncertainty and speculation regarding the nature and content of the final version of South … Read more

A methodology for the calculation of native title compensation

 On 13 March 2019, the High Court handed down its first decision on native title compensation in ‘Timber Creek’ [2019] HCA 7 (Timber Creek). The High Court’s decision is a measured reflection of the need for Australian law to evolve in a manner that acknowledges, recognises and accommodates the diversity and individuality of native title … 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 February 2019, the NSW Land and Environment Court (Court) refused development consent for a new … Read more