Allens

Mining

Our experienced Mining legal team regularly publishes articles and updates – the full list of publications appears below. These publications provide a snapshot of the latest legislation, court cases, policy changes and contentious issues. If you'd like to be notified when we add new 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.

For publications in other legal areas see our recent publications page.

Mining Publications

  • Client Update: Costs decisions of the Queensland P&E Court - the year in review

    29 January 2015

    In the past 12 months there have been a number of important decisions of the Queensland Planning and Environment Court that provide an insight into the application of the court's discretion to award costs. Special Counsel Rosanne Meurling and Senior Associate Michael Zissis discuss the lessons learned from these decisions, as parties increasingly seek to test the court's costs power.

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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: Reforms proposed for Western Australia's resources safety legislation

    14 November 2014

    Western Australia's Department of Mines and Petroleum has invited submissions into the future of the State's safety legislation covering mining, petroleum and major hazard facilities. Special Counsel Eleanor Jewell and Associate Katie Gardiner 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 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: Indonesia mining update

    18 September 2014

    It has been a torrid few years for investors in the Indonesian mining sector. The mining sector was one of the key sectors bearing the brunt of the nationalistic sentiment that became a focal point of the political discourse during the recent parliamentary and presidential election campaigns. With these elections now out of the way, and the Jokowi-Kalla team emerging as victors in the presidential campaign, there is some cause for optimism going forward. However, much will depend on the machinations of the coalitions and allegiances that crystallise during the new parliament, including the extent to which the so-called permanent coalition formed by the losing presidential candidate Prabowo Subianto remains intact, and the consequent pressures that these parliamentary forces exert on government officials and policy formation in the Indonesian mining sector.

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  • Focus: Changes to tax rules for offshore investment

    17 September 2014

    A Bill is currently before Federal Parliament that will more closely (but not completely) align the foreign non-portfolio dividend NANE treatment with debt/equity concepts. Partner Martin Fry and Senior Associate Jennifer Richards report on the changes.

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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: Amendments to Federal environmental regulation

    28 August 2014

    The Federal Government has implemented a variety of policy and legislative reforms to its environmental approvals regime. Partner Chris Schulz, Senior Associate Emily Gerrard and Associate Katherine Kirby report on two legislative amendments that facilitate recent reforms: the introduction of a 'user pays' system for environmental assessments and the Federal Government's proposed 'one stop shop' environmental approvals.

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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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  • Client Update: Anti-corruption reforms: a view from the B20 Australia

    25 July 2014

    Anti-corruption was high on the agenda at the B20 Australia summit recently held in Sydney. Allens Partner Rachel Nicolson, a director of the UN Global Compact Network Australia and convenor of its Anti-Corruption Leadership Group, attended the summit and provides an overview of the issues discussed.

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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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  • 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: Tax deductions for mining rights and information

    30 May 2014

    Legislation amending the timing of tax deductions for expenditure incurred on acquiring mining rights and mining information has been introduced into federal Parliament. The new law will remove the immediate tax deduction for the cost incurred by a mining entity in acquiring mining rights or mining information from another mining entity. An immediate deduction can be claimed for the cost of acquiring mining rights or information from government entities or particular exploration entities. Partner Martin Fry explains.

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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: Productivity Commission - third party litigation funding and contingency fees

    17 April 2014

    The Productivity Commission's draft report on its inquiry into Australia's system of civil dispute resolution has now been released. The comprehensive review focuses on ways to constrain costs and promote access to justice. One of the areas the Productivity Commission is examining is Australia's private funding for litigation regime, focusing on third party litigation funding and contingency fees. Partner Peter O'Donahoo, Senior Associate Tim Maxwell and Lawyer Simone Kaser report

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  • Focus: Draft NSW Biodiversity Offsets Policy for Major Projects

    16 April 2014

    The NSW Government has released a draft Biodiversity Offsets Policy for Major Projects that will apply to the assessment of State Significant Development and State Significant Infrastructure. Partner Paul Lalich, Senior Associate Trent March and Lawyer Dennis Smith consider the implications of the draft policy in the context of the State Government's ongoing planning reforms.

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  • Client Update: Queensland Government proposes land access reforms

    15 April 2014

    The Queensland Government has released a discussion paper setting out proposed reforms to the State's land access regime for public and private land. The paper closely follows other discussion papers released recently in respect of proposed reforms to restricted land and the process for notifying and lodging objections to an application for a mining lease or environmental authority. Partner Ben Zillmann and Lawyer Giselle Kilvert comment on the latest proposed reforms.

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  • Client Update: Release of 3rd Edition Corporate Governance Principles and Recommendations

    10 April 2014

    The ASX Corporate Governance Council has released the 3rd edition of its Corporate Governance Principles and Recommendations. Although the 3rd edition largely reflects the amendments proposed in the earlier consultation draft released in August 2013, a number of new amendments have been added that will have implications for listed entities' corporate governance practices. Partner Robert Pick and Senior Associate Hannah Biggins discuss these key changes.

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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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  • Focus: Productivity Commission's final report on the National Access Regime

    24 February 2014

    The Productivity Commission's final report on its review of Australia's National Access Regime has now been released. The report supports the continuation of the National Access Regime subject to reforms, including altering the criteria for the application of access regulation. However, with the Coalition Government's response effectively becoming part of the 'root and branch' review of Australia's competition laws, the current uncertainty for infrastructure providers and users is likely to continue for another 12 months. Partner Ted Hill, Senior Associate John Hedge and Lawyer Rowan Kendall report.

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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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  • Focus: Increased regulation for resource activities in Queensland regions

    25 November 2013

    Legislation that will add another level of regulation and a new approval requirement for resource activities in areas of regional interest has been introduced into the Queensland Parliament. Partner Bill McCredie, Special Counsel Philip Murray and Lawyer Gobind Kalsi report.

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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: Mongolia's new investment law

    21 October 2013

    The Mongolian Government has introduced a number of laws in the past 18 months which regulate foreign investment. Previous laws focused on certain sectors of the economy – referred to as 'sectors of strategic importance' – but those laws were broadly considered to be overly restrictive and to have contributed to weakened investor confidence. In response, the Parliament has passed a new Law on Investment to recapture investor interest. Partner Igor Bogdanich looks at what the new law will mean.

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  • Client Update: First compensation award for extinguishing of native title rights

    21 October 2013

    The Federal Court has handed down the first ever award of compensation for the extinguishment of native title rights and interests. Unfortunately, however, the amount of compensation, and method of calculation used to determine it, has not been published, and the uncertainty in this area of native title law continues. Partner Marshall McKenna and Lawyer Kira Orlow report.

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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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  • Focus: New arbitration law for Western Australia

    16 September 2013

    New legislation implementing a major overhaul of arbitration law in Western Australia has come into effect. Partner Stephen McComish, Lawyer Kristian Maley, and Law Graduate Emma Cundale report on the Act that brings Western Australia into line with the uniform domestic arbitration law developed by the Standing Committee of Attorneys-General.

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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: Clearer waters - commercial native title fishing rights

    20 August 2013

    The High Court of Australia has confirmed the recognition of a native title right to take fish for commercial purposes in the waters of the Torres Strait. Partner Marshall McKenna, Senior Associate Emily Gerrard and Lawyer Tim Farhall look at the decision and what it means for native title law in Australia.

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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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  • Focus: Are you rehabilitation-fund ready?

    28 June 2013

    The Western Australian mining rehabilitation fund is about to come into effect. It will replace the existing regime of unconditional performance bonds, with significant implications for tenement holders. Partner Jodi Reinmuth and Lawyer Peter Jensen report.

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