Tag Archives: Mining

Forrest & Forrest v Wilson – consequences for mining lease applicants

As we previously reported1, a consequence of the High Court of Australia’s decision in Forrest & Forrest Pty Ltd  v Wilson2 is unexpected and unhelpful uncertainty regarding the validity of the grant of certain mining leases in Western Australia. The … Continue reading

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Filed under Australia, Department of Mines and Petroleum, Herbert Smith Freehill Mining, Herbert Smith Freehills, Mining, Natural resources, Resources, State Government, Western Australia

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. … Continue reading

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Filed under Australia, Energy, Mining, Mining Infrastructure, Regulation, Resources

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 … Continue reading

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Filed under Australia, Energy, Mining, Mining Infrastructure, Regulation, Resources, Western Australia

Queensland’s mining sector set to experience significant changes to financial assurance and rehabilitation requirements with proposed reforms

Mining projects in Queensland typically require financial assurance (FA), a form of financial security/bonding provided to the Government to cover costs associated with environmental harm and rehabilitation, should the project not comply with environmental obligations. In 2016, an independent review … Continue reading

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Filed under Australia, Energy, Mining, Queensland, Resources

High Court reconfirms object commercial purpose test for construction of contracts

This is a summary of a High Court decision made in the case of Ecosse Property Holdings Pty Ltd v Dee Gee Nominees Pty Ltd [2017] HCA 12 in dispute of a contract that restricted the sale and purchase due … Continue reading

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Filed under Australia, Energy, Mining, Mining Infrastructure, Queensland, Resources

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. … Continue reading

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Filed under Australia, Energy, Mining, Queensland, Regulation