21-30 of 82 results
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 ...
EPA WA developments: 10 key things you need to know about proposed changes to the Environmental Protection Act 1986 (WA)
On 16 April 2020, the Environmental Protection Amendment Bill 2020 (WA) was introduced into Parliament. Although described in its second reading as the most significant reform of the Environmental Protection Act 1986 (WA) (EP Act) since its inception, the changes proposed in the Bill reflect a fairly modest reform agenda targeting improvements to the existing legislative framework. ...
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. ...
WA EPA greenhouse gas emissions guideline finalised
The Western Australian Environmental Protection Authority (EPA) has released its finalised Greenhouse Gas Emissions Environmental Factor Guideline (GHG Guideline). ...
The spectre of Forrest: haunting the mining sector post-COVID-19
In Forrest & Forrest Pty Ltd v Wilson (2017) 262 CLR 510 (Forrest), the High Court held that where a statute providing for the disposition of interests in the resources of a State 'prescribes a mode of exercise of the statutory power', that mode must be strictly followed. A grant will be ineffective if the regime is not complied with. ...
WA mining sector post-COVID-19: from collaboration to cooperation
The Australian Competition and Consumer Commission (ACCC) has granted interim authorisations in the mining sector that have been targeted at loosening communication and coordination restrictions and to allow companies to work together to ensure the security of supplies and services critical to the mining sector during COVID-19 ...
Land access in WA: tenure options available to mining companies
In Australia, mining companies are granted an authority, lease, licence or permit by the state or territory government under the relevant Mining Act to explore or develop mineral resources. ...
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. ...
State infrastructure post-COVID-19: what are WA's changing infrastructure needs?
IWA was established in July 2019. It is tasked with preparing a 20-year strategy, refreshed every five years. The strategy will address social, economic and environmental infrastructure sectors (and cross-sector issues). ...
Building and Construction Industry (Security of Payment) Bill 2020 (WA)
A consultation draft Building and Construction Industry (Security of Payment) Bill 2020 (WA) ( Bill ) was released to key industry stakeholders for comment around May 2020. The Bill, if adopted, wi ...