Hetherington Legal
Specialist Legal Advice for Exploration & Mining
Resources and Energy Law incorporates multiple legislative considerations including State Mining Acts, Native Title Law, and Environmental Laws.
Exploration and mining involve considerations of these Laws and regulations for each step of every project, from applications for tenure and compliance to development of large-scale projects and mining.
Projects completed
Hetherington ELegal
Specialist Mining & Exploration Advice
Land Access & Compensation Agreements
Land Access & Compensation Agreements
Native title & Aboriginal Heritage
Exploration & Mining Approvals
Due Diligence & VALMIN reporting
Due Diligence & VALMIN reporting
Mining & Exploration Projects
Mining & Exploration Projects
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Contact UsIndustry Expertise & Personalised Service
Hetherington Legal is an incorporated legal practice that has the experience and knowledge to assist you with your legal requirements to help you achieve your broader commercial goals.
Expert Advice
Hetherington Group provides a comprehensive range of services, including tenement management (applications, renewals and overall compliance), audits and government liaison and Hetherington Environmental services.
FAQ
Frequently Asked Questions
Can I object to a new tenement application over my existing licence in Western Australia?
Yes. Objections can be filed within 35 days of the date of lodgement of the new application with the Officer of the Warden’s Court of WA on the basis that grant of the new application will result in interference with your existing tenure. The objection must include specific reasons and be submitted on the required forms. Please contact us for assistance and advice on overlapping tenure and the objection process.
What do I do if someone has objected to my tenement application?
Your options include resolving the matter by negotiation with the Objector or defend the objection by way of a Hearing in the Warden’s Court. Please contact us for assistance and advice on negotiations, court proceedings and the objection process.
What is an application for forfeiture?
A third party may initiate a forfeiture application against a registered tenement holder relating to alleged non-compliance with the prescribed minimum expenditure commitment for the tenement. The Warden can make an order for forfeiture, giving the Applicant for Forfeiture 14 days prior rights to apply for the ground, impose a penalty such as a fine, impose no penalty or find in favour of the respondent and dismiss the application for forfeiture. Please contact us for assistance and advice on the third party application for forfeiture process.
What is a land access agreement?
Land access agreements embody a wide range of agreements between parties on terms in relation to access to land holdings. For example these agreements can be between land holders and holder of tenement or between tenement holders with overlapping tenure. They can also be used to resolve Mining Act objections. Please contact us to discuss land access agreements and how we can assist in advice and drafting these agreements.
Do I need a Heritage Agreement?
This will depend on the location of your tenement, the work you plan to do and whether a registered Native Title Claim or Determination affects the area. Heritage Agreements can outline terms for the conduct of a heritage survey in order to clear land for mining activities and can include provisions for access conditions and even compensation payments. Please contact us to discuss your options in relation to Native Title and Heritage and how we can assist in advice and negotiating these agreements.
What do I do if a Native Title group has objected to my application?
The National Native Title Tribunal oversees objections by Native Title groups against tenement applications. The Tribunal will run preliminary and status conferences where parties provide updates on their negotiations. If necessary, parties can be directed to file submissions which are considered by the Tribunal member in order to determine whether the objection ought to be upheld or not, mediation assistance can also be provided. Please contact us to discuss the objections process and your options.
Key Contacts
David Salim
Julia Catalano
CEO/Principal Solicitor
David Salim
BACKGROUND
David joined the Hetherington team in April 2010 and has been Company Principal of Hetherington Sydney since April 2016, and Company Principal of Hetherington Perth since April 2019.
David graduated from the University of Wollongong with a Bachelor of Commerce (Finance Major), and Bachelor of Laws in 2008, where he studied Environmental Law and Native Title Law. David then went on to complete his Graduate Diploma of Legal Practice in 2009 and was admitted as a Solicitor of the Supreme Court of New South Wales in December 2009.
Prior to joining Hetherington, David worked in NSW Parliament in the Shadow Attorney General’s Office and in a general practice private law firm as a Legal Clerk and Graduate Solicitor, dealing with a wide variety of matters and clientele.
EXPERIENCE AND EXPERTISE
Over the last 13 years, David has built a reputation for excellence in resources, mining and environmental law, accelerating Hetherington’s growth to the full-service firm it is today. Hetherington has close to 20 consultants and lawyers and three distinct entities: Hetherington Tenements, Hetherington Legal and Hetherington Environmental.
David specialises in legal compliance, regulation and management of exploration and mining tenure, partnering with ASX listed and privately owned mining and exploration companies within all jurisdictions of Australia, and internationally, including Pacific Region, New Zealand, Canada, North and South America.
A finalist in the 2019 NSW Minerals Council’s Young Achiever award and 2020 Gender Diversity Advocate awards, David has a proven track record and vast experience in:
- Land access arrangements and landholder arbitration, Native Title, the Right to Negotiate process, Aboriginal Land Council Land, and Aboriginal Sites, Places and Objects.
- Property reviews, managing conflicts and competition of land use, managing land rehabilitation protocols and outcomes, approvals of state significant developments, Agricultural land objections.
- Advice and the administration of the Environmental Planning and Assessment Act 1979.
David is also a specialist practitioner in VALMIN Code 2015, ASIC and ASX compliant Independent Solicitor Reports, having assisted several companies in the private sector to submit Independent Solicitor Reports to the Australian, Canadian and Singaporean Stock Exchanges.
David prides himself on providing the highest level of customer service for his clients and continues to work towards becoming a leading authority in the industry.
INDUSTRY ADDRESSES AND ASSOCIATIONS
David’s legal insights and expertise in resources and environmental law are regularly sought out by industry associations. Popular events that David has spoken at include:
- AMEC NSW Deputy Premier Boardroom Lunch, 2022, 2019
- AMEC NSW End of Year Function at Parliament House, 2019
- Association of Mining and Exploration Companies (AMEC) National Convention in Perth, 2018
- NSW Minerals Council’s Exploration and Tenure Forum, 2023, 2019, 2018 and 2017
- Presentation on NSW to Chinese Government delegation at University on Sydney, 2016 and 2015.
- 4th Annual India Coal Conference, 2022
David’s mining industry professional associations include:
- Austmine Corporate Member
- AusIMM NSW Women in Mining Committee member and mentor.
- Association of Mining and Exploration Companies (AMEC) Associate Member, Deputy Chair of the NSW Advisory Committee
- Australian Energy and Resources Law Association (ER Law).
- Member Australian Institute of Mining and Metallurgy (AusIMM).
- NSW Minerals Council Associate Member, Exploration & Tenure Committee Member
- NSW, SA, and NT Government Department Industry Committees
- NSW Law Society
- NSW Committee Member of The Institute of Quarrying Australia
- NSW Deputy Premier Minerals Industry Advisory Committee
- WA Law Society
David is proud to contribute to industry by sponsoring:
- AMEC Western Australia Tenure Forum, 2021
- AMEC NSW Deputy Premier Boardroom Lunch, 2022, 2020, 2019
- AMEC NSW End of Year Function, 2019
- AMEC WA Environment and Land Access Seminar, 2021
- AMEC WA Awards Dinner, 2022, 2021
- IQA National Quarry Conference, 2022
- NSW Mines and Wines Conference, 2022 and 2019
- NSW Minerals Council Exploration and Tenure Forum, 2023, 2021, 2020 and 2019
- NSW Minerals Council Health, Safety, Environment and Community (HSEC) Conference, 2022, 2019
- Sydney Mining Club, 2022, 2021, 2020 and 2019
- SMEDG Christmas Cruise, 2019
- SMEDG Jubilee Conference, 2022
- South Australian Exploration and Mining Conference (SAEMC), 2022, 2021, 2020
- Women in Mining NSW (AusIMM), 2022, 2021 and 2020
- 4th Annual India Coal Conference, 2022
AWARDS
David’s awards include:
HONORARY GRATITUDE AWARD, Australian Government, Presented by the Prime Minister, David received the award for his volunteer work in Nepal.
FINALIST GENDER DIVERSITY ADVOCATE – NSW MINERAL COUNCIL, February 2020
FINALIST YOUNG ACHIEVER – NSW MINERALS COUNCIL, June 2019
Managing Consultant/Associate Solicitor
Julia Catalano
Julia is a Managing Consultant and an Associate Solicitor located in Hetherington’s Perth office.
Julia has completed a Bachelor of Laws and a Bachelor of Commerce at Curtin University and is admitted as a Solicitor in the Supreme Court of Western Australia.
Julia has experience in tenement management, mining law, native title law, and environmental law, navigating the complex legal frameworks of the mining and resources sector.
She provides strategic and practical advice to clients nationally, primarily in Western Australia, South Australia, and the Northern Territory.
Julia’s areas of expertise include:
- Tenement management, including mining tenement/petroleum applications, and ensuring strict compliance with statutory obligations under the Mining Act 1978 (WA), Mining Act 1971 (SA), and Mineral Titles Act 2010 (NT); liaising with government departments and strategically managing tenement portfolios to minimise compliance risk.
- Mining law, including managing title disputes under the Mining Act 1978 (WA) in the Wardens Court; drafting and negotiating land access agreements, farm-in/joint venture agreements, and royalty agreements; preparing Independent Tenement Reports for initial public offerings; and providing strategic advice, considering broader legislative obligations and compliance frameworks.
- Native title law, including managing and advising on processes under the Native Title Act 1993 (Cth), negotiating heritage protection agreements, and advising on compliance obligations.
- Environmental law, including undertaking due diligence on tenure to consider environmental compliance obligations under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) alongside State and Territory environmental legislative frameworks; and advisory on, and preparation of, relevant activity approvals.
Her experience allows her to deliver a practical, solution-focused approach to assist clients in navigating the complexities of the resource sector.
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General Enquiries
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