December 2023
David Salim
Group CEO & Principal Solicitor, Hetherington
NOTE FROM THE EDITOR
We would like 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 updates such as:
- The Aboriginal Heritage and Legislation Amendment and Repeal Bill 2023;
- The Amendment to Victoria’s Minerals and Quarrying Legislation;
- Provide tips on the sign-off and cancellation process for activity approvals in NSW;
- Discuss the renaming of the Department of Mines, Industry Regulation and Safety in Western Australia; and
- Discuss the decision from the Supreme Court on the Blue Ribbon Mines Pty Ltd v Roy Hill Infrastructure case
INDUSTRY EVENTS
2023 MINING NEWS SELECT CONFERENCE
Hetherington was proud to be the legal partner at the 2023 Mining News Select conference held in September in Perth. David Salim was pleased to receive a lot of positive feedback in relation to his presentation and advice on the topic of “Due Diligence: The Key to Commercial Success for Resources Companies”.
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2023 AMEC AWARDS DINNER
Hetherington was proud to be one of this year’s sponsors at the 2023 AMEC (Association of Mining and Exploration Companies) Awards Dinner held on the 30th of November at the Optus Stadium in Perth.
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UPDATES
RENAMING OF THE DEPARTMENT OF MINES, INDUSTRY REGULATION AND SAFETY
On the 3rd of November 2023, the Cook Government announced the Department of Mines, Industry Regulation and Safety (“DMIRS”) will be renamed to the Department of Energy, Mines, Industry Regulation and Safety (“DEMIRS”) as of 1 December 2023.
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RECENT COMPANY PROMOTIONS
Hetherington was proud to announce the following promotions as of 1 November 2023. Ngaire Koch was promoted to our Executive Team as Managing Consultant.
Sarah Fox, Julia Catalano and Yung Ju have been promoted to Assistant Managers. Anna Fraser and Arley Toyne were promoted to Senior Consultants.
RECENT REGULATORY UPDATES
BLUE RIBBON MINES PTY LTD V ROY HILL INFRASTRUCTURE PTY LTD (2022) WASC 362
On 31 October 2022, Quinlan CJ handed down his decision in Blue Ribbon Mines Pty Ltd v Roy Hill Infrastructure Pty Ltd [2022] WASC 362 (“Blue Ribbon Decision”). The Blue Ribbon Decision was referred to the Supreme Court of Western Australia from the Perth Warden’s Court.
ABORIGINAL HERITAGE AND LEGISLATION AMENDMENT AND REPEAL BILL 2023
On 17 October 2023, the Western Australian State Government passed the Aboriginal Heritage Legislation Amendment and Repeal Bill 2023 (AH Repeal Bill).
NAVIGATING AMENDMENT TO VICTORIA’S MINERALS AND QUARRYING LEGISLATION: WHAT MINING TITLE HOLDERS NEED TO KNOW
The Minerals Resources (Sustainable Development) Amendment Act 2023 (“Amendment Act”) was passed on 17 August 2023. It will introduce a revised regulatory model based on a statutory duty.
FORMAL CONFIRMATION AND CANCELLATION PROCESSES FOR ACTIVITY APPROVALS IN NSW
Assessable prospecting operations (“APO”) or activity approvals in NSW, were previously applied for by preparing and lodging the paper Form ESF4: Application to Conduct Exploration Activities (“ESF4″) with the Resources Regulator.
AUSTRALIA’S MANDATORY CLIMATE-RELATED REPORTING FOR COMPANIES STARTING 2024
As part of the Paris Agreement, the Climate Change Act
2022 outlines the Australian Government’s commitment to reduce Green House Gas (GHG) emissions by 43% by 2030 and reach net zero emissions by 2050. In anticipation of the climate disclosure reforms, Australian companies should review their reporting framework and practices to gauge their ability and preparedness to disclose climate related risks in accordance with the proposed framework.
FEE FOR OBJECTIONS UNDER THE MINING ACT 1978 (WA)
On 2 November 2022, amendments to the Mining Act 1978 (WA) (“Mining Act”) came into effect to enable a fee to be prescribed for lodgement of objections as part of the Mining Amendment Act (No.2) 2022 (WA) (“Mining Amendment Act”) . This came as a result of the increasing volume of objections before the Warden’s Court.
