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

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. Companies still have until 30 September to report their estimated expenditure to access credits under … Read more

High Court applies strict compliance test under the Mining Act 1978 (WA) and raises doubts regarding tenement validity –remedial legislative response required

In its recent decision in Forrest & Forrest v Wilson [2017] HCA 30, the High Court held that a failure to strictly comply with the technical lodgements requirements of the Mining Act 1978 (WA) (Mining Act) invalidated a decision of the Mining Warden to recommend that a number of mining leases be granted. This overturned … Read more

Queensland explores mining rehabilitation and financial assurance reforms

At a glance The Queensland Government has proposed broad policy and legislative reform in relation to financial assurance and mine rehabilitation with a view to improving rehabilitation performance, reducing reliance on the financial assurance system and clarifying mine rehabilitation requirements. The first two of a series of discussion papers have recently been released, and are … Read more

Argentina seeks to double investment in mining sector

The Argentina government is working on a bill to establish a federal mining agreement to harmonise all existing legislation across the different provinces and with the federal government. After a year of intensive negotiations with the different provinces, the Argentine government is finalising details of a plan to relaunch mining nationwide. The government expects to … Read more