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.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Mining and Resource Law
  • Unit Code

    LAW4601
  • Year

    2022
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Cecilia ANTHONY DAS

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 have passed 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 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 School Progression Panel.

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

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.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Mining and Resource Law
  • Unit Code

    LAW4601
  • Year

    2022
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Cecilia ANTHONY DAS

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 have passed 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 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 School Progression Panel.

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW4601|1|2