Defining the Role of Tenement Managers, Mining Lawyers, and Environmental Consultants

What is a tenement manager?

A tenement manager is a representative, typically of a tenement management company, who provides an exploration and mining company with advice and manages every stage of the tenement process. This includes application, compliance, renewal, and cancellation.

An exploration and mining company may be motivated to contract the services of a tenement management company to increase the likelihood of successful applications, vouchsafe compliance, and outsource complex procedural matters.

The role of a tenement manager is multifaceted and is best understood by examining the varied services offered by a tenement manager, which include:

• Applications for grant, renewal, and transfer of mineral tenements.
• Administration of tenement interests.
• Compliance management and management of ancillary approvals and permits.
• Ground monitoring services to ensure clients are informed of newly vacant land.
• Submission of a geologically sound exploration or work programs.
• Tailored advice on joint venture agreements and other commercial arrangements, inclusive of tenement auditing and tenement due diligence (for commercial transactions including joint ventures, acquisitions, and farm-in agreements).
• Identification of potential impediments to the exercise of mining rights, such as conflicting land use, environmental or heritage constraints.
• Strategic and operational advice on mineral tenements.
• Point of contact with government and other stakeholders throughout the tenement life cycle, inclusive of preparation of submissions for government; and inclusive of negotiation for access and compensation with private, government and Indigenous landholders.
• Cancellation of tenements and advice on compliance in relation to final landform and rehabilitation to ensure ongoing social licence.
• Management of the transfer of titles, registration of agreements and encumbrances between parties.
• Preparation and lodgement of exploration reports, technical reports, expenditure reports and activity reports.

What is a mining lawyer?

A mining lawyer is a lawyer specialising in the mining and resources sector sector, who provides specialised advice to exploration and mining companies. A mining lawyer must be aware of a complex assortment of local and national laws and acts, including state mining acts, environmental laws, and Native Title law.

As with a tenement management company or tenement manager, the role of the mining lawyer is best understood by examining the services that an Australian mining lawyer can deliver within the resources sector. These legal services may include:

• Legal services for land access and compensation agreements. This may include legal advice on objections made under the Mining Act 1978 (WA), Wardens Court proceedings, and dispute resolution, mediation, and arbitration.
• Legal services for Native Title and Aboriginal Heritage matters related to mining operations. A mining lawyer may be able to provide advice if an expedited procedure has been met with an objection; establish the right to negotiate and support the development of Native Title agreements; and provide advice on other matters related to this field.
• Legal services for due diligence and VALMIN Reporting to ensure compliance with the relevant legal and regulatory frameworks. This may include for tenement acquisition to help establish surety, compliant reporting for prospectuses or reporting, and the provision of an independent tenement overview report.
• Other general and specific legal advice on mining and exploration projects, in areas including joint venture and farm-in agreements.

What is an environmental consultant in the mining sector?

An environmental consultant in the mining and resources sector can help to plan for and establish environmental approvals and compliance, that allow your mining and exploration projects to proceed as envisioned.

With approvals being essential to the progress of mining projects and sustainable development being an increasing social and legislated priority, environmental frameworks must be navigated with the support of an expert.

The services offered by an environmental consultant may include:

• Advice on and preparation of various programs, statements and plans that are critical to project success and continuity, including activity approvals, reviews of environmental factors, mining operations plans or programs of work, environmental impact statements, and programs for environment protection and rehabilitation. This includes ancillary approvals not directly related to the project but surrounding the project, such as water approvals and vegetation clearing permits.
• Tailored advice on the processes of gaining approval across all Australian jurisdictions and in terms of liaising with government and stakeholders.
• An independently maintained register of environmental commitments and the conditions of granted approvals, to vouchsafe compliance with established terms.
• An audit of performance and practices against these approvals to point out areas of risk or improvement.
• Establishment of environment management plans, project management support, and more.

Making the most of industry expertise

The three above services are distinct, but all are involved in a conventional exploration and mining project. Expert management is essential to ensure results in the areas of law, tenement, and environment.

For a consultant that specialises in tenement management, mining legal services, and environmental consultancy, look no further than Hetherington. Our business is divided into three divisions: Hetherington Legal, Hetherington Tenements, and Hetherington Environmental, to help you navigate the complex process of obtaining and retaining tenure. For more information, browse our website or contact our team.