LAWS5144 Mining and Energy Law
- 6 points
Availability Location Mode Semester 1 UWA (Perth) Face to face
- 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.
- 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.
- Indicative assessments in this unit are as follows: (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)
- Jared Clements
- Unit rules
- Juris Doctor (JD) students: LAWS4101 Foundations of Law and Lawyering and 30 points from: LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS4106 Torts, LAWS4107 Land Law, LAWS4108 Foundations of Public Law, LAWS5106 Legal Theory and Ethics
LAWS4109 Legal Theory and Ethics for all other postgraduate students: students from a non-law background must seek permission from the unit coordinator
- LAWS3371 Mining and Energy Law, LAWS5517 Mining Law
- Contact hours
- 3 hours per week
- Unit Outline
- Semester 1-2020 [SEM-1-2020]
Mining Act 1978 (WA)
Mining Regulations 1981 (WA)
Australian Energy and Resources Law Journal
Australian Mining and Petroleum Law Association yearbooks
- 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.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available via the Booktopia Textbook Finder, which has the functionality to search by course code, course, ISBN and title, and may also be posted or available at the appropriate school's administrative offices. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.