Studying online

There are now 2 possible online modes for units:

Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.

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Unit Overview

Description

This unit entails an examination and analysis of Mining Law and Oil and Gas Law in Western Australia. It includes consideration of: mineral ownership, land open for mining, native title, theories of crown disposition, administration of mining dispositions, applications including marking out priorities, exploration tenements, production tenements, surrender and forfeiture, exemptions, questions of law, judicial review and appeals, commercial arrangements, oil and gas, state agreements, registration and dealings.

The key aims of the unit include the consideration and analysis of differing regimes of disposition of publicly owned resources; an understanding of the advantages and disadvantages, and benefits and costs of differing regimes of disposition; an understanding of the relationship of differing regimes of disposition to social and economic considerations, and fundamental principles of commercial and property law; and an understanding of the essential incidental elements of a regime of disposition of resources, including security in title and transactions.

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Semester 1UWA (Perth)Face to face
Outcomes

Students are able to (1) demonstrate an understanding of the (a) relevant economic and historic reasoning and principles underlying mining and oil and gas legislation and regulations; (b) relationship between the common law and legislation in the context of ownership, land access, disposition, transfers, and security; (c) constitutional framework; (d) international, historical, political, social and economic dimensions of native title in relation to resource development; (e) difference between the disposition regime of mining law and oil and gas law; (2) identify, understand and explain the fundamental principles of mining and oil and gas law; critically analyse principles of mining and oil and gas law, identify issues and solve problems by applying appropriate principles, and relate the principles of mining and oil and gas law to social and economic policy; and (3) locate, synthesise and analyse relevant material from primary and secondary sources to critically consider and resolve mining and oil and gas problems.

Assessment

Indicative assessments in this unit are as follows: (1) examination; (2) assignments; and (3) tutorial participation. Further information is available in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)
Jacinta Dharmananda
Unit rules
Prerequisites
Enrolment in
and LAWS4101 Foundations of Law and Lawyering and five Unit(s) ( LAWS4102 Criminal Law
, LAWS4103 Contract
, LAWS4104 Property
, LAWS4106 Torts
, LAWS4107 Land Law
, LAWS4108 Foundations of Public Law and ( LAWS4109 Legal Theory and Ethics
or LAWS4110 Interpretation
) ) all other postgraduate students from a non-law background must seek permission from the unit coordinator
Incompatibility
LAWS3371 Mining and Energy Law, LAWS5517 Mining Law
Contact hours
Lectures: 12 x 2 hour lectures
Tutorials: 5 x 2 hour tutorials
Texts

Refer to unit outline on LMS

  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.