UWA Handbook 2017

Unit details

LAWS5144 Mining and Energy Law

Credit 6 points
  Offering
(see Timetable)
AvailabilityLocationMode
Semester 1UWA (Perth)Face to face
Content 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.
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) demonstrate an ability to identify and understand appropriate ethical behaviour by parties and lawyers in the application of mining law and oil and gas law bearing in mind that financial incentives can be extremely substantial; (3) 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, relate the principles of mining and oil and gas law to social and economic policy; (4) locate, synthesise and analyse relevant material from primary and secondary sources to critically consider and resolve mining and oil and gas problems; and (5) work collaboratively on problems in mining and oil and gas law, and effectively and precisely present the outcome of that collaborative consideration, discussion and analysis.
Assessment Typically this unit is assessed in the following ways: (1) examination; (2) assignments; and (3) tutorial participation. Further information is available in the unit outline.

Supplementary assessment is not available in this unit except in the case of a Juris Doctorstudent who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.
Unit Coordinator(s) Joe Fardin
Unit rules
Prerequisites: for Juris Doctor students: LAWS4101 Legal Process, LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5101 Constitutional Law, LAWS5102 Administrative Law, LAWS5106 Legal Theory and Ethics; for all other postgraduate students: students from a non-law background must seek permission from the unit coordinator
Incompatibility: LAWS3371 Mining and Energy Law, LAWS5517 Mining Law
Contact hours 3 hours per week
Unit Outlinehttp://www.unitoutlines.law.uwa.edu.au/Units/LAWS5144/SEM-1/2017
Texts

Statutes

Mining Act 1978 (WA)

Mining Regulations 1981 (WA)

Reference materials

Australian Energy and Resources Law Journal

Australian Mining and Petroleum Law Association yearbooks
 


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