September – October 2021 Updates
November 4, 2021
Mining Law and Tenement Management – NSW Community Consultation Code of Practice
November 19, 2021
Hetherington offer a full suite of legal services for the mining sector. With clients across Australia, our mining lawyers have experience across a wide range of projects, and can offer support with different components of mining operations from environmental compliance and tenement management to land access and Native Title.
In this article, Hetherington will outline the services offered by mining lawyers and tenement consultants in Australia. After reading and gaining an understanding of the legal support that is available to strengthen your operations and advance your projects, we encourage you to contact Hetherington for further information on legal@hetherington.net.au or by calling (02) 9967 4844 for the Sydney office, (08) 9228 9977 for the Perth office, or (07) 3236 1768 for the Brisbane office.
Legal support for negotiations with stakeholders of proposed or ongoing mining or exploration projects.
Ensuring land access can be a complicated business that includes negotiating land access agreements or Native Title agreements. Mediation may even be between tenement holders with overlapping tenure. Depending on the parties involved, the process will differ, from an application process to a settlement, or even representation in court. The value of depending on trusted mining lawyers and environmental consultants like Hetherington for this service exists in the favourable and equitable terms they can secure, as well as the enhanced likelihood of successful negotiation.
Guidance with and development of contracts, be they with construction, mining, or other contractors.
The reason why many mining corporations look to recruit the services of mining lawyers is to ensure that these contracts do present obstacles to success, but rather act as the foundation to a long-lasting, mutually beneficial relationship that reasonably and fairly protects, on paper and in law, the interests of the client. At Hetherington, we regularly craft and review contracts, and are familiar with the clauses that may pose problems for future operations. We can also ensure successful collaboration through negotiating joint venture or farm-in agreements.
Liaison with government and regulatory bodies to ensure all necessary paperwork and agreements are completed properly.
Wherever you are intending to mine within Australia will influence the state or territory government to which you will have apply and the nature of the local regulations. Hetherington mining lawyers can assist you in this process to enhance your likelihood of success and reduce risk. We are intimately familiar with Resources and Energy Law, the application process in each region, and within environmental considerations, such as environmental law and environmental compliance.
Support your mining corporation to comply in its reporting and governance, contributing to the long-term viability of projects.
Hetherington can assist your organisation with the production and review of VALMIN compliant reports for prospectuses. Furthermore, we can ensure that tenure acquisition practises due diligence, reducing liability and ensuring no exposure to undue risk, through considered legal management at point of acquisition. As a tenement consultant and tenement management company, tenements, tenement compliance and tenement management are second nature to us.
Advice and guidance on relevant legislation and regulations, so that you can implement best legal practices across your organisation.
To the uninitiated or even to those who do not have a legal background, the intricacies of mining law can represent a quagmire, or an information overload. Through seeking the services of a mining lawyer in Perth or a mining lawyer in Sydney, a corporation can ensure that they are across the aspects of mining law that are most relevant to them. They can them put these new understandings into practice, by revising their contracts, recruitment, program of work, mine work health and safety, operational procedures, and so forth.
Dispute resolution for Warden’s court matters, rejected tenement applications, and work health and safety disputes.
Success is more likely upon initial application if a mining corporation has entrusted the task to an experienced mining lawyer, but when a dispute does arise Hetherington can support clients through the dispute resolution process, standing in as your representative to ensure that disputes are resolved swiftly and effectively, allowing work to proceed as per the client’s overarching vision. We are also experienced in assisting our portfolio of clients to handle objections brought against them under the Mining Act 1978 (WA), and with mediation or arbitration between parties in such cases.
Representing you if you are accused of non-compliance through an application for forfeiture.
The mining world has many stakeholders, both within and outside of the industry. This inevitably results in the occasional forfeiture application from a third party, which relates to alleged non-compliance with the minimum expenditure regulations. The regulations are in place to encourage economic activity by ensuring tenement holders are committing money to the tenements they own. If someone puts in an application for forfeiture against your organisation or if you are required to make one yourself, Hetherington can lead the process with your interests foremost.