LAW5144 Mining & Energy Law Notes

Description

Mining & Energy Law notes used in LAWS5144 at the University of Western Australia. The Mining component of the course focusses on the applications for and the administration of mining tenements, the classification of minerals and dealings in mining tenements. The Energy component focusses on the applications for and the administration of Petroleum exploration permits and associated permits Overall Mark: 78% Topics Covered (Mining) Minerals - Classification of minerals - Ownership in minerals Land Open for Mining - Mining on private land - Mining on Crown land - Restrictions on mining ( for environmental purposes) - Compensation for mining on land Mining Tenements - Administration of mining tenements - Marking out - Applying for a mining tenement - Exploration licences - Retention licences - Prospecting licences - Mining leases - General purposes leases - Miscellaneous licences - Grants of mining tenements - Irregularities and informalities in applications for mining tenements - Forrest & Forrest v Wilson Priorities and Objections - Priority between competing applications - Objections to grants of mining tenements - Effect of Environmental Protection legislation - Disputes over grants of mining tenements Surrender and Forfeiture - Voluntary and compulsory surrender of tenements - Grounds for forfeiture - Rent and expenditure conditions - Breach of tenement conditions - Exemptions from conditions - Reinstatement Dealings with Mining Tenements - Registration of interests in mining tenements - Creation of interests in mining tenements - Caveats - Defeasibility of title in mining tenements - Priority between dealings Topics Covered (Petroleum) Regulators of Petroleum Permits - OPGGSA - NOPSEMA Rule of Capture Challenges in Petroleum Regulation - Allocated and unallocated acreage - Unitisation - Apportionment between adjoining title areas - Pools straddling two jurisdictions Exploration Permits - Application - Acquiring acreage - Assessment of applications - Criteria for grant - Conditions for exploration permits - Breach of conditions - Exemptions and solutions to breaches - Duration and renewals Notification, Nomination and Declaration of Blocks - Requirements upon discovery of petroleum pools Retention Leases - Application - Criteria for grant and renewal - Conditions for retention leases - Renewals of retention leases - Cancellation of retention leases Production Licences - Rights conferred - Termination of production licences - Conditions on production licences - Application - Cancellation Other Licences for Petroleum Exploration - Infrastructure licences - Pipeline licences Ongoing Obligations on Licence Holders - Work practices - Maintenance and removal of property - Directions from NOPSEMA Transfers and Dealings of Petroleum Permits - Transfers and registration of transfers - Dealings and approvals of dealings