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.

 

Hetherington Legal Services
Projects completed
200

Projects completed

Hetherington ELegal

Specialist Mining & Exploration Advice

Land Access & Compensation Agreements

Land Access & Compensation Agreements

Objections made under Mining Act 1978(WA) Wardens Court proceedings, Mediation, arbitration and dispute resolution

Native title & Aboriginal Heritage

Exploration & Mining Approvals

Expedited procedure objections, Aboriginal Heritage and Native Title advice, Right to negotiate and Native Title agreements

Due Diligence & VALMIN reporting

Due Diligence & VALMIN reporting

Due diligence for tenure acquisition VALMIN compliant reports for prospectuses Independent Tenement overview reports

Mining & Exploration Projects

Mining & Exploration Projects

Joint Venture and Farm-in agreements, Compliance and approvals, Acquisitions
Unsure of what solutions best fit your needs? We’re here to guide you

Unsure of what solutions best fit your needs? We’re here to guide you

Contact Us

Industry 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

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

Unsure of what solutions best fit your needs? don’t hesitate to reach out!

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

ASSOCIATIONS
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