School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Mining and Resource Law
  • Unit Code

    LAW4601
  • Year

    2017
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Stefany WAYTE

Description

Mining and Resource Law provides students with an introduction to the legal regime applicable to the mining industry in Western Australia. The unit covers key legal issues concerning the public and private ownership of minerals in Western Australia, whilst also considering the impact of other laws upon the mining industry, including international law, environmental and climate change law and the impact of native title claims. Emphasis will be placed on the role and decisions of the Mining Warden's Court, ministerial decisions and state agreements. Students will also be introduced to royalty payments and environmental law impacts.

Prerequisite Rule

Students must pass 1 unit from LAW1116

Learning Outcomes

On completion of this unit students should be able to:

  1. Describe the laws associated with the private ownership of minerals and resources.
  2. Describe the role and function of the mining wardens court in mineral exploration and disputes.
  3. Evaluate the impact of native title decisions on mining and resource development in Western Australia.
  4. Explain the role and process of royalty payments.
  5. Identify minerals and resources mined in Western Australia.
  6. Outline the key institutions and instruments used to resolve disputes in mining and resource development.
  7. Outline the role of ministerial decisions in resource development.
  8. Outline the role of state agreements in resource development.
  9. Understand the interrelationship between environmental law and mining law.

Unit Content

  1. Application of local law and regulations to mining disputes.
  2. Limitations imposed by environmental law.
  3. Ministerial decisions.
  4. Native Title claims.
  5. Ownership of minerals and resources.
  6. Role and function of the Mining Warden's Court.
  7. Royalty payments.
  8. Rules for exploration for minerals and resources.
  9. The basic geology of Western Australia.
  10. The sources of, and background to, mining and resource law.

Additional Learning Experience Information

Students will have three hours per week contact divided between lectures and tutorials. Lectures will be used to introduce content, concepts and principles relevant to the subject and provide direction to students in research.

Tutorials will allow students to develop oral and written responses to lecture and research materials. There will be an emphasis on research and critical analysis of legal instruments and political responses to the subject. Students will be expected to exhibit an ability to undertake relevant self-directed research and appropriate skills in oral and written communication.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentAssignment30%
ParticipationTutorial participation10%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
AssignmentAssignment30%
ParticipationForum Participation10%
ExaminationFinal Examination60%

Core Reading(s)

  • Hunt, M. W. (2009). Mining law in Western Australia . (4th ed.). Sydney: Federation Press.

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4601|1|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Mining and Resource Law
  • Unit Code

    LAW4601
  • Year

    2017
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Ms Stefany WAYTE

Description

Mining and Resource Law provides students with an introduction to the legal regime applicable to the mining industry in Western Australia. The unit covers key legal issues concerning the public and private ownership of minerals in Western Australia, whilst also considering the impact of other laws upon the mining industry, including international law, environmental and climate change law and the impact of native title claims. Emphasis will be placed on the role and decisions of the Mining Warden's Court, ministerial decisions and state agreements. Students will also be introduced to royalty payments and environmental law impacts.

Prerequisite Rule

Students must pass 1 unit from LAW1116

Learning Outcomes

On completion of this unit students should be able to:

  1. Describe the laws associated with the private ownership of minerals and resources.
  2. Describe the role and function of the mining wardens court in mineral exploration and disputes.
  3. Evaluate the impact of native title decisions on mining and resource development in Western Australia.
  4. Explain the role and process of royalty payments.
  5. Identify minerals and resources mined in Western Australia.
  6. Outline the key institutions and instruments used to resolve disputes in mining and resource development.
  7. Outline the role of ministerial decisions in resource development.
  8. Outline the role of state agreements in resource development.
  9. Understand the interrelationship between environmental law and mining law.

Unit Content

  1. Application of local law and regulations to mining disputes.
  2. Limitations imposed by environmental law.
  3. Ministerial decisions.
  4. Native Title claims.
  5. Ownership of minerals and resources.
  6. Role and function of the Mining Warden's Court.
  7. Royalty payments.
  8. Rules for exploration for minerals and resources.
  9. The basic geology of Western Australia.
  10. The sources of, and background to, mining and resource law.

Additional Learning Experience Information

Students will have three hours per week contact divided between lectures and tutorials. Lectures will be used to introduce content, concepts and principles relevant to the subject and provide direction to students in research.

Tutorials will allow students to develop oral and written responses to lecture and research materials. There will be an emphasis on research and critical analysis of legal instruments and political responses to the subject. Students will be expected to exhibit an ability to undertake relevant self-directed research and appropriate skills in oral and written communication.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
AssignmentAssignment30%
ParticipationTutorial participation10%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
AssignmentAssignment30%
ParticipationForum Participation10%
ExaminationFinal Examination60%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4601|1|2