We provide specialist legal advice to exploration and mining companies in the resources industry.
Land access and compensation agreements
- Objections made under Mining Act 1978(WA)
- Wardens Court proceedings
- Mediation, arbitration and dispute resolution
Native title and Aboriginal Heritage
- Expedited procedure objections
- Aboriginal Heritage and Native Title advice
- Right to negotiate and Native Title agreements
Due Diligence and VALMIN reporting
- Due diligence for tenure acquisition
- VALMIN compliant reports for prospectuses
- Independent Tenement overview reports
Mining and Exploration projects
- Joint Venture and Farm-in agreements
- Compliance and approvals
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.
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.
Hetherington Legal strives to provide our clients with industry expertise and personalised service, tailored to each of our client’s needs in their legal matters.
Hetherington Group provides a comprehensive range of services, including tenement management (applications, renewals and overall compliance), audits and government liaison and Hetherington Environmental services
FREQUENTLY ASKED QUESTIONS
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.
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.
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.
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.
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.
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.