April 2024
David Salim
Group CEO & Principal Solicitor, Hetherington
NOTE FROM THE EDITOR
We would like to welcome you to another edition of our Hetherington Post, detailing the latest in Tenement News, Mining Law and Environmental Approvals.
In this edition of the Hetherington Post, we explore recent regulatory and mining updating such as:
- Changes to the Land Access Arbitration Procedure in New South Wales;
- The significant surge in market demand and price of uranium over the past couple of years, in which is currently at it’s all time high. Visit page 4 to learn which states in Australia you can explore and mine for Uranium!
- The decision made by Senior Member Dr S Willey on the 19th of March 2024 regarding the Atlantic Vanadium Pty Ltd v Shire of Mount Magnet [2024] WASAT 16 (“Atlantic Vanadium Decision”) and what is deemed ‘rateable land’ as per the Local Government Act 1995 (WA) (“LG ACT)”;
- The decision and future implications from the Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9 case;
- The decision and flow-on effect in relation to the validity and protection for all mining tenements in WA due to the appeal of the Wyloo Metals Pty Ltd v Quarry park Pty Ltd [2024] WASCA 38 case.
UPDATES
NSW LAND ACCESS ARBITRATION PROCEDURE CHANGES
On 23 February 2024, the Department of Regional NSW, Division of Mining Exploration and Geoscience (MEG) released a minor update to the Land Access Arbitration Procedure. For the purposes of the mediation and arbitration framework affecting prospecting titles in NSW, communication via mail is now regarded as having been served 7 business days after posting, rather than 5 business days after posting.
BEN MUSCAT’S 10-YEAR ANNIVERSARY AT HETHERINGTON
Hetherington is proud to congratulate our Executive Consultant Ben Muscat on his 10-year anniversary at Hetherington.
The Sydney team surprised Ben with novelty shirts to mark the occasion (and his change in appearance over 10 years) before heading out to celebrate.
UPCOMING EVENTS
2024 NSW EXPLORATION AND TENURES FORUM SPONSOR
Hetherington is pleased to be sponsoring the NSW Exploration and Tenures Forum held on Monday the 6th of May 2024 at Dexus Place in Sydney.
It is one of the only technical forums of its kind in Australia, and Hetherington is proud to have been involved in presenting at and sponsoring the event since 2017.
2024 MINES AND WINES FREE HALF-DAY WORKSHOP
Hetherington is pleased to be offering a free half-day workshop before the Discoveries in the Tasmanides 2024 Mines & Wines conference to discuss how to create opportunities for success and maximise the value of your assets as you explore through the Tasmanides.
RECENT REGULATORY UPDATES
I’M INTERESTED IN U?
Since taking power in 2017, the West Australian Labor government has implemented a ‘no uranium’ condition on future mining leases. Unfortunately, until the current Labor government is ousted, there is no plan for this prohibition to be revoked.
Read more
RATEABLE LAND – ATLANTIC VANADIUM PTY LTD V SHIRE OF MOUNT MAGNET [2024] WASAT 16
On 19 March 2024, Senior Member Dr S Willey handed down his decision in Atlantic Vanadium Pty Ltd v Shire of Mount Magnet [2024] WASAT 16 (“Atlantic Vanadium Decision”).Senior Member Willey considered what is deemed ‘rateable land’ in accordance with the Local Government Act 1995 (WA) (“LG Act”).
MUNKARA V SANTOS NA BAROSSA PTY LTD (No 3) [2024] FCA 9
On 15 January 2024, the Federal Court handed down its decision in Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9. It contains a number of interesting implications and principles that will likely impact future cases of a similar nature.
PROTECTIONS UNDER SECTION 116(2) OF THE MINING ACT – WYLOO METALS PTY LTD V QUARRY PARK PTY LTD [2024] WASCA 38
On 17 April 2024, the Western Australian Court of Appeal handed down its decision in Wyloo Metals Pty Ltd v Quarry Park Pty Ltd [2024] WASCA 38. This appeal was based on the validity of Quarry Parks Pty Ltd’s Mining Lease 08/487 (“Mining Lease”), and the interpretation, and subsequent protection, of section 116(2) of the Mining Act 1978 (WA) (“Mining Act”). This decision will no doubt have a flow-on effect in relation to the validity and protection for all mining tenements.
