91-100 of 172 results
Internal emails, multiple recipients and the question of privilege
The recent decision of TEC Hedland Pty Ltd v The Pilbara Infrastructure Pty Ltd indicates that, for the purpose of assessing whether privilege can be claimed, multi-addressee emails will be considered as a number of separate communications between the sender and each recipient. ...
How can Australian businesses mitigate sovereign risk associated with unofficial trade measures?
In light of recent tensions, we assess the importance of Australian trading businesses understanding their sovereign risk and the avenues available under international trade law to mitigate that risk. ...
Major NSW mining lease rehabilitation reforms for all mines
All new and existing all new and existing mining leases in NSW will be regulated by new standard rehabilitation conditions under proposed reforms by the NSW Resources Regulator (Mining Amendment (Standard Conditions of Mining Leases - Rehabilitation) Regulation 2020). ...
Mine rehabilitation and closure
Rehabilitation standards and mine closure practices have been the focus of recent reforms in a number of Australian states and remain high on the reform agenda. To help understand these changes, we've prepared a comprehensive guide. ...
Allens advises Triple Flag on $550M Northparkes streaming agreement
The agreement will see Triple Flag make an upfront cash payment of US$550 million and ongoing payments of 10 per cent of the spot prices for gold and silver equal to: 54 per cent of the gold produc ...
Accurate tenement expenditure recording under the Mining Act 1978 (WA): an update from the Warden's Court
Recent proceedings before the Warden's Court of Western Australia have reinforced a long line of decisions and the nature of a tenement holder's obligations in tenement reporting; affirming the requirements for detailed and accurate reporting on expenditure, and emphasising the importance of ensuring tenement holders are truthful when reporting expenditure. The decisions are a timely reminder of the importance of adequately resourcing the compiling, calculating and reporting expenditure functions (and the need to keep detailed records to substantiate that expenditure), as failure to do so can ultimately lead to forfeiture of tenements. ...
WA Court of Appeal determines meaning of 'feasibility study' in the context of a joint venture agreement
In the recent decision of Pilbara Iron Ore Pty Ltd v Ammon [2020] WASCA 92, the WA Court of Appeal considered a farm-in agreement where one party had to pay for a 'feasibility study' in order to acquire an interest in a mining tenement. The primary question for the Court of Appeal was whether the feasibility study had to be 'bankable' or if it could be of a lower standard. ...
Independent review recommends fundamental reform of the 'archaic, ineffective' EPBC Act
The Interim Report of the once-in-a-decade review of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) has recommended major reforms, finding the EPBC Act to be archaic, ineffective and inefficient. ...
Forging ahead – legal update on the WA mining and construction sectors
Mining has long been a cornerstone of the Australian economy. In the wake of COVID-19, the industry has remained largely resilient, particularly in Western Australia where mining operations have remai ...
A decade of State Agreements in Western Australia: trends and predictions
State Agreements have been described in Parliament as 'the cornerstone of [Western Australia's] resources sector, particularly the large sector'. Members of the WA Government in the past have asserted that Western Australia would not have projects like the extensive iron ore operations in the Pilbara, North West Shelf, Gorgon, Wheatstone and the DBNGP without State Agreements. ...