Allens

Resources

Our experienced Resources legal team regularly publishes articles and updates - the full list of publications appears below. From environmental reforms in the mining industry, to the new Commonwealth regime for environmental assessment of projects, read about the changes sweeping the vast resources sector. If you'd like to be notified when we add new resources publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.

Read about Allens' extensive experience in the resources industry.

Resources Publications

  • Client Update: Stage 2 of NSW Integrated Mining Policy released

    27 August 2015

    The New South Wales Government has released a number of further guidelines for state-significant mining projects, focusing on post-approval requirements, as part of the second stage of public consultation on the new Integrated Mining Policy. Partner Bill McCredie, Senior Associate Naomi Bergman and Lawyer Alexandra Lanyon report.

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  • Focus: Pre-emptive rights decision flags need for careful drafting

    11 August 2015

    The Western Australian Supreme Court has handed down a decision that has significant implications for the drafting of pre-emptive rights clauses in both joint venture/operating agreements and shareholders' agreements. The decision also has ramifications for the conduct of sale transactions that involve assets or shares subject to rights of pre-emption. Partner Igor Bogdanich, Managing Associate Penny Alexander and Law Graduate Malak Johnson report.

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  • Client Update: Queensland Government broadens scope for mining project objections

    16 July 2015

    Major new mining projects are to face an additional approval hurdle in Queensland following the introduction this week of a Bill to amend the State Development and Public Works Organisation Act 2015 (Qld). Partner Ben Zillmann and Senior Associate Giselle Kilvert consider the Bill and what it means for resource developers in this state.

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  • Focus: Stamp duty concession introduced for farm-in arrangements in Queensland

    16 June 2015

    The Queensland Parliament has passed legislation introducing a stamp duty concession for transfers of interests in exploration authorities under eligible farm-in agreements. Partner Adrian Chek, Senior Associate Marc Johnston and Associate Jay Prasad provide a brief update.

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  • Client Update: Consultation Open on New Integrated Mining Policy

    3 June 2015

    The New South Wales Government has released its new Integrated Mining Policy for consultation. It clarifies the development application requirements for major mining projects and aims to streamline the assessment process. Partner Bill McCredie and Senior Associates Naomi Bergman and Michael Zissis report.

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  • Focus: South Australian Royal Commission heads developments in uranium sector

    6 March 2015

    The South Australian Government has released the draft terms of reference for the recently-announced Royal Commission to inquire and report on the potential for South Australia to deepen its involvement in the nuclear fuel cycle. Partner Richard Malcolmson, Managing Associate Hilary Birks and Senior Associates Anna Vella and Emily Gerrard report on the scope of the Royal Commission and other recent developments in Australia's uranium sector.

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  • Client Update: What does the change of government mean for Queensland's energy and resources sector?

    13 February 2015

    With the results of the Queensland election having now been declared and the Labor Party invited to form government (with the support of an independent), Partner Ben Zillmann , Managing Associate John Hedge and Associate Andrea Moffatt look at the key policies announced by Labor before the election that could impact on the energy and resources sector.

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  • Focus: Supreme Court decision limits the scope of landholder duty in Queensland

    3 February 2015

    The Queensland Supreme Court has held that mining leases did not constitute an 'interest in land' for the purposes of the former land rich duty regime. While subsequent amendments to the Duties Act 2001 (Qld) mean that mining tenements are now treated as an interest in land, the decision provides much needed clarification on what amounts to an 'interest in land' for both landholder and transfer duty purposes. Partner Adrian Chek and Associate Scott Lang outline the decision and its implications.

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  • Focus: South West settlement agreed to in principle

    3 February 2015

    The West Australian Government and the South West Aboriginal Land and Sea Council have come to an in-principle agreement in relation to a collective native title claim of the Noongar people. The 'South West Settlement Agreement', which should provide greater clarity regarding aboriginal heritage surveys may also become an important template for future agreements. Partner Marshall McKenna, Associate Ranjani Sundar, Lawyer Dianna Barton and Research Assistant James Illich report.

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  • Focus: Exploring the duty implications of farm-in agreements in Queensland

    9 December 2014

    The Queensland Government has introduced into Parliament legislation to provide a stamp duty concession for eligible farm-in agreements relating to exploration authorities and transfers of interests in exploration authorities under such farm-in agreements. Partner Katrina Parkyn and Associate Jay Prasad examine the scope of the concession.

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  • Focus: NSW Government releases NSW Gas Plan to 'reset' its regulatory approach for the sector

    17 November 2014

    The NSW Government has released the NSW Gas Plan which foreshadows more gas development in the State in conjunction with the introduction of 'tough' new legislation to manage future developments. Partner Igor Bogdanich, Senior Energy & Resources Counsel David Maloney AM, and Senior Associate Michael Zissis report.

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  • Client Update: Innovation and competitiveness agenda to benefit the resources and energy sectors

    6 November 2014

    The Federal Government has released its Industry Innovation and Competitiveness Agenda, the industry-led growth and innovation component of its broader Economic Action Strategy reform. Industry participants in the resources and energy sectors will benefit from proposals which aim to increase competitiveness and drive economic growth in these prioritised sectors. Partner Igor Bogdanich and Lawyer Ellie Mulholland report on the proposals.

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  • Focus: 'Publish what you pay' may be on its way!

    3 November 2014

    A new Bill has been introduced into the Federal Parliament, which might herald the arrival of 'publish what you pay' legislation in Australia. Partner Igor Bogdanich and Senior Associate Penny Alexander examine the background to the Bill, together with the implications for Australian companies operating in the resources sector if it becomes law.

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  • Focus: Unlocking the tax value of greenfield exploration expenditure

    20 October 2014

    Draft legislation has been released that contains details of the Exploration Development Incentive announced as part of the 2014-15 Federal Budget. The scheme is designed to encourage equity investment in greenfield explorers, by enabling explorers to issue 'exploration credits' to its investors. Partner Martin Fry and Senior Associate Jennifer Richards report.

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  • Client Update: A new market for Australian uranium

    7 October 2014

    The Australian Government has signed an agreement with India for the sale of uranium, and has now made the agreement publicly available. Partner Richard Malcolmson, Senior Associates Emily Gerrard and Anna Vella and Lawyer Jayde Geia report on the agreement and its implications.

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  • Client Update: Law reform to improve conditions for investors in Mongolia

    29 September 2014

    Last week, the Mongolian Government released the agenda for the upcoming autumn sitting of parliament. The release of the agenda, twice annually, is always of interest to investors, and the autumn 2014 agenda is no exception. Partner Igor Bogdanich and Associate Tess Fitzgerald look at what may be of interest to foreign investors.

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  • Focus: Federal Government takes next step in energy review

    26 September 2014

    The Federal Government has issued a Green Paper to inform the preparation of its Energy White Paper, which is due for release by the end of 2014. Partners Paul Kenny, Government Sector Leader, and Anna Collyer, Power and Utilities Sector Leader, provide an overview.

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  • Client Update: Major water reform in Queensland to affect all water users with significant changes for the resources industry

    25 September 2014

    The Queensland Government has introduced amending legislation that will significantly reform all parts of water regulation in Queensland. The reform introduces significant streamlining opportunities but also new obligations, particularly for those in the resources industry. Partner Bill McCredie, Special Counsel Philip Murray and Senior Associate Gobind Kalsi report.

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  • Client Update: Major changes proposed to environmental regulation in Queensland

    24 September 2014

    The Queensland Government has introduced amending legislation that will result in new flexibility, new obligations and higher penalties in relation to environmental regulation in Queensland. Partner Bill McCredie and Senior Associate Gobind Kalsi report.

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  • Client Update: First step to implement a Common Resources Act in Queensland

    17 September 2014

    The Queensland Government has passed legislation (now currently awaiting assent) that is the first stage of a program to rationalise the regulatory regime for all types of resources tenure in Queensland. Partner Ben Zillmann, Managing Associate John Hedge, Senior Associate Gobind Kalsi and Associate Andrea Moffatt report on the legislation and the important changes that have been included since the draft legislation was first introduced into Parliament.

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  • Focus: Repeal of the Minerals Resource Rent Tax

    3 September 2014

    One year on from its election victory, the Federal Government has fulfilled its commitment to repeal the Commonwealth Minerals Resource Rent Tax and related tax measures, by passing a repeal Bill through the Senate yesterday. The repeal is expected to take effect later this year. Partner Martin Fry and Senior Associate Julian Feiner explain the context and implications.

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  • Focus: Queensland's new framework for the development of the deep gas and oil industry

    1 September 2014

    The Queensland Government has released a plan to encourage the viability of the emerging 'unconventional' deep gas and oil industry. Partner Igor Bogdanich, Managing Associate John Hedge and Lawyer Ellie Mulholland analyse the recommended changes to Queensland's onshore petroleum regulatory framework, which are aimed at reducing regulatory and commercial barriers to investment, and ensuring that the industry develops in an environmentally and socially responsible way.

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  • Focus: New planning legislation for Queensland's development

    18 August 2014

    The latest component of the Queensland Government's planning reform package has been released. The draft Planning and Development Bill aims to facilitate Queensland's development by balancing economic growth, environmental protection and community wellbeing. Special Counsel Rosanne Meurling and Senior Associate Anna Vella report.

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  • Client Update: Recent developments in uranium

    12 August 2014

    Partner Richard Malcolmson and Senior Associates Emily Gerrard and Anna Vella report on recent developments in the Australian uranium sector, including Queensland's framework for uranium mining, the Western Australian regulator's recommendation to proceed with uranium mining at Kintyre, and the Federal Government's proposal to include 'nuclear actions' in the streamlining of environmental assessments and approvals as a 'one stop shop' process.

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  • Client Update: Amending Mongolia's Minerals Law

    29 July 2014

    The Mongolian Parliament has passed amendments to the country's Minerals Law which should be of interest to foreign investors and mining companies. Partners Igor Bogdanich and Kate Axup, and Senior Associate Steven Local, look at what certain of the amendments may mean for Mongolia's mining sector.

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  • Focus: Japan and Australia - a new era of opportunity

    11 July 2014

    This week's historic visit to Australia by the Japanese Prime Minister, Shinzo Abe, has been widely lauded as the beginning of a new era in the relationship between the two countries. Japan Sector Leader and Partner Tim Lester and Senior Associate Penny Alexander report on the opportunities this new 'special relationship' will bring for both Australia and Japan.

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  • Client Update: Reforms to resource royalty administration and collection in Queensland

    27 June 2014

    Legislative amendments have been passed in Queensland recently to strengthen the State Government's ability to administer its resource royalty regime. Partner Ben Zillmann and Lawyer Giselle Kilvert consider the changes and what they mean for resource companies and, importantly, their executives.

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  • Focus: First step towards a Common Resources Act in Queensland

    12 June 2014

    New legislation has been introduced into the Queensland Parliament that will mark the first stage of a program that will attempt to rationalise the regulatory regime for all types of resources tenure in that state. The new legislation also introduces a number of major reforms to the land access and restricted land framework, overlapping coal and coal seam gas tenure, and to the mining lease application and objection process. Partner Ben Zillmann, Senior Associate John Hedge, Lawyers Andrea Moffatt and Hannah Lilley, and Law Graduate Daniel Bradford report.

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  • Focus: Greater flexibility for onshore petroleum tenure holders in Queensland

    3 June 2014

    Queensland's petroleum legislation was recently amended to provide greater flexibility to onshore petroleum tenure holders for a variety of matters, including extensions to work programs and terms of authorities to prospect, relinquishment conditions and work programs, and greater flexibility in both the reserves required for the grant of a petroleum lease and timing for commencement of production. Partner Ben Zillmann, Senior Associate John Hedge and Lawyer Andrea Moffatt report on these amendments, which have been designed to better align tenure issues with the practicalities of large-scale multi-tenement projects, but also to offer flexibility for smaller projects.

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  • Client Update: Negative report on floating LNG technology in WA

    19 May 2014

    A major report on the economic viability of using floating LNG technology in WA has found it has the potential to impact negatively on that State's domestic gas supply and the State Government's revenue base. Partners Tracey Greenaway and Mark McAleer and Lawyer Anne Beresford consider the key findings and implications of the report, especially for those contemplating/planning a floating LNG project in WA waters.

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  • Focus: Queensland's coal and CSG overlapping tenure regime getting a makeover

    1 May 2014

    The Queensland Government has released proposed changes to the legislative framework for regulating overlapping coal and coal seam gas tenure, which has been a vexed issue since the emergence of the coal seam gas industry in Queensland. The changes principally reflect the industry proposal in the Queensland Resources Council's 2012 White Paper, including permitting grants of overlapping production tenements and providing a statutory right of way for coal development (albeit conditional on certain requirements). It also includes transitional arrangements, such that the existing regime will continue to apply to numerous existing coal and coal seam gas projects. Partner Ben Zillmann and Senior Associate John Hedge comment on the proposed changes.

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  • Focus: Warkworth mine - another victim of over-regulation

    29 April 2014

    The NSW Court of Appeal has upheld the Land and Environment Court's refusal of the proposed Warkworth mine expansion. This case highlights the complexity and onerous nature of the environmental assessment regime for major projects in NSW, which empowers the courts to overturn a project approval despite a project having already undergone three levels of environmental assessment. Partner Jim Parker and Lawyer Naomi Bergman report.

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  • Focus: China's business regulatory approval reforms - further steps to market liberalisation

    1 April 2014

    The PRC Government is reforming its corporate regulatory approval processes at an unprecedented rate. The changes are aimed at facilitating private sector investment (including foreign direct investment) in order to move towards a more market-driven economy. Over the past four months, new regulations have reduced and, in certain cases, removed, corporate regulatory approval requirements for a range of business activities and investments. As part of these reforms, changes have also been made to the PRC Company Law and associated regulations. Partner Kate Axup, Senior Associate Wayne Wang and Lawyer Shona Shang look at the key changes.

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  • Focus: New Regional Planning Interests regime adopted for resources activities in Queensland

    28 March 2014

    Queensland has a new planning approval process for resources activities and 'regulated activities' in areas of regional interest, following the passage of landmark legislation. The new approvals regime may have implications for existing and future resource projects. Partner Bill McCredie and Senior Associates Michael Zissis and Gobind Kalsi review the new legislation and the next steps.

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  • Focus: Queensland reviews mining lease objection process and land access regime

    26 March 2014

    As part of its ongoing initiative to reduce red tape and streamline application and approval processes for the resources industry, the Queensland Government has released two discussion papers simultaneously proposing amendments to the objection regime for mining leases and also to the regulation of 'restricted land' as it affects all resource authorities (including petroleum tenements). If all of the changes proposed in the discussion paper are implemented, it will affect who can object to mining leases in the future. The changes would also standardise the restricted land provisions across all resources authorities, but, at the same time, introduce advantages for some tenement holders in relation to land access. Partners Ben Zillmann and Bill McCredie consider the issues and the changes that might be made.

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  • Client Update: Changes recommended to the Regional Planning Interests Bill

    19 March 2014

    The Queensland State Development, Infrastructure and Industry Committee has recommended aspects of the Regional Planning Interests Bill 2013 be amended. Partner Bill McCredie and Senior Associate Michael Zissis outline the committee's key recommendations and the next steps towards the implementation of the new approvals regime for resource activities in 'areas of regional interest' in Queensland.

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  • Client Update: High Court rules mining leases and native title can co-exist

    13 March 2014

    Yesterday, the High Court ruled that certain mining leases in Western Australia did not extinguish all native title rights, but rather the mining rights and native title rights co-exist. In doing so, the High Court took the opportunity to clarify the test for determining when native title rights will be extinguished by statutory grants at common law. Partners Ben Zillmann and Marshall McKenna look at the findings of the court and the implications of the case.

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  • Client Update: Streamlining the regulation of environmental offsets in Queensland

    25 February 2014

    Legislation recently introduced into the Queensland Parliament will establish a new regime for the provision and regulation of environmental offsets in Queensland. Partner Bill McCredie, Special Counsel Rosanne Meurling and Lawyer Julieane Bull report on the key changes and identify some matters yet to be addressed.

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  • Client Update: Mongolia's new State Minerals Policy

    17 February 2014

    The Mongolian Parliament has adopted a new State Minerals Policy, which will serve as the basis for amendments to the existing Minerals Law and other laws relating to the mining sector. Partners Igor Bogdanich and David Wenger and Senior Associates John Koshy and Tserena Yumjav look at what the new Minerals Policy will mean.

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  • Client Update: Indonesia implements export ban on ore

    21 January 2014

    In a move intended to add value for Indonesia by requiring that the processing and refining of mineral commodities be conducted there, the Government has issued new regulations implementing in-country processing requirements for mineral commodities (excluding coal), including a ban on the export of unprocessed ore. Partner David Holme and Senior Associates Brooke Van Gils and Made Satwika report.

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  • Focus: Emissions Reduction Fund Green Paper released

    10 January 2014

    The Federal Government has released its Green Paper on the design of the Emissions Reduction Fund. Partner Grant Anderson reports on this proposed centrepiece of the Government's Direct Action Plan.

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  • Client Update: New offshore petroleum application fees

    15 November 2013

    Participants in the oil and gas sector in Australia should be aware that registration fees payable for the approval and registration of transfers and dealings relating to offshore petroleum titles have been replaced with fixed application fees. Partners Anthony Patten and Mark McAleer and Lawyer Anne Nguyen provide an overview of the new application fees regime.

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  • Client Update: New changes confirm validity of mining leases

    14 November 2013

    As a result of recent legal challenges to the validity of mining leases, the NSW Parliament has passed amendments that mean a development for 'mining purposes' can be sufficient to support the grant of a mining lease for minerals. However, this does not change the requirement that, in order to undertake mining on any part of a mining lease, the leaseholder must have a development consent that permits mineral extraction from that area. Partners Paul Lalich and Jim Parker and Lawyer Patricia Abordo report.

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  • Client Update: Resource significance the new focus in assessment of NSW mining proposals

    8 November 2013

    The NSW Government has amended the State policy governing the assessment of mining proposals, to place economic benefits and resource significance at the centre of the assessment process, and establish clear environmental and amenity criteria for mining projects. Partner Bill McCredie, Senior Associate Michael Zissis and Lawyer Naomi Bergman report on the amendments, which have been introduced following the controversial Land and Environment Court decision on the Warkworth mine extension in the Hunter Valley.

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  • Focus: New traditional owner negotiation requirements for central Victoria

    1 November 2013

    The Dja Dja Wurrung Land Use Activity Agreement has commenced operation, creating a new negotiation framework for activities on public land in central Victoria. Partner Chris Schulz and Senior Associates Emily Gerrard and Penny Creswell explore the implications.

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  • Client Update: Mining v agriculture - new regional plans and strategic cropping land review report released

    25 October 2013

    The first regional plans for Central Queensland and the Darling Downs have been made, 'to resolve competing state interests relating to the agricultural and resources sectors'. The Queensland Government has also released a report on its review of the State's 'strategic cropping land' framework. Partner Bill McCredie, Special Counsel Philip Murray and Senior Associate Michael Zissis review the regional plans and SCL review report, what detail is still to come and the implications, particularly for the resources sector.

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  • Focus: New oversight mechanism for private military and security companies

    17 October 2013

    In recent years, there has been an increase in the use of private military and security companies by corporations that have operations in conflict affected areas. Recently, the first multi-stakeholder initiative has been established to provide an oversight mechanism for the compliance of private military and security companies with international law and industry standards. Partner Rachel Nicolson, Senior Associate Dora Banyasz and Lawyer Alyse Richmond report.

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  • Client Update: Queensland's uranium mining action plan

    13 September 2013

    The Queensland Government has released its action plan for recommencement of uranium mining, with the aim of lease applications being assessed from July 2014. Partner Richard Malcolmson and Senior Associates Anna Vella and John Hedge report on the plan's recommendations.

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  • Focus: High Court upholds validity of the MRRT

    13 August 2013

    The High Court has dismissed Fortescue Metals Group's challenge to the constitutional validity of the Commonwealth minerals resource rent tax. Partner Katrina Parkyn and Lawyer Scott Lang discuss the High Court's decision and the implications it has for the interaction between Commonwealth and state taxes generally.

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  • Client Update: Queensland streamlines processes for taking security over mining and petroleum interests

    22 July 2013

    Recent Queensland legislation reforms the way financiers effect security over mining and petroleum interests. Instead of having to apply for Ministerial approval or lodge caveats, the law now allows financiers to electronically lodge and register mortgages over 'mining tenements' and 'petroleum authorities' with the Department of Natural Resources and Mines. Partner Karla Fraser and Law Graduate Riley Downie report.

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