Hunt on Mining Law of Western Australia has been established for more than 32 years as an essential reference for all legal issues relating to the mining industry. Although it deals with the law as applied to exploration and mining in Western Australia, it is of use to mining law practitioners in other States and the Northern Territory because there are many common principles of mining law throughout Australia and because the book deals extensively with topics of native title, environmental protection and mines safety - topics of general application, as is much of the case law discussed in the book.
This new edition, the fifth, will be widely and warmly welcomed. Michael Hunt has been joined as co-author by Tim Kavenagh, a Western Australian mining lawyer with over 30 years' experience both as a barrister appearing in the courts on mining matters and as an in-house counsel to major corporations. James Hunt is the third co-author, and involved on a daily basis with mining-related commercial activity, mining tenure advice and Warden's Court matters.
Many changes have taken place in Western Australian mining law since the previous edition was published seven years ago - 10 amendments to the Mining Act and 20 amendments to the Mining Regulations. In that period, there has been a substantial volume of case law through decisions in the High Court, the Supreme Court and the Warden's Court. Other significant changes have arisen as a result of more experience of the impact of the Native Title Act on the application of mining law and because the intervening seven years have enabled the authors to gain much practical experience with the processes for proceedings before the Warden, which were new and untested when the fourth edition was published.
The authors have expanded the scope of the book to include new chapters on environmental protection and mines safety. Extensive cross-referencing to AMPLA (the Resources and Energy Law Association) articles has been included to assist readers in finding deeper analysis of issues.
The new edition reflects all these changes and states the law as at 1 June 2015. The basic structure of previous editions is retained - chapter-by-chapter commentary which follows the layout of the Mining Act itself.
The authors' aim in the fifth edition of Hunt on Mining Law of Western Australia remains the same as that of the first edition, published 32 years ago: to serve as a practical guide to those applying mining law in Western Australia. Practitioners around Australia will find it useful, as many of the principles of mining law dealt with in the text are common throughout the country. This edition contains extensive coverage of native title and Indigenous heritage laws affecting mineral exploration and production, and new chapters on environmental protection and safety in mines. The book's adherence to the layout of the WA Mining Act provides a convenient basis for reference. Practitioners should be aware of legislative nuances particular to their own jurisdiction, however the substantial volume of case law delivered in the High Court, the Western Australian Supreme Court and by the mining warden (WA) since the fourth edition should be pertinent to practitioners nationally. This edition has been extensively updated to incorporate both new case law and major changes to the Mining Act and Mining Regulations of Western Australia, and cross references are provided to AM PLA (the Resources and Energy Law Association) articles. The law stated in this edition is current as of 1 July 2015. All lawyers dealing with the Australian resources sector should find this updated edition of invaluable assistance. - Steve Chambers, InPrint, Law Institute Journal Victoria, September 2016
Table of ContentsPreface About the AuthorsTable of Cases Table of Statutes
Introduction Administration, Mineral Fields and Wardens Land Available for Exploration and Mining Prospecting Licence Exploration Licence Retention Licence Mining Lease General Purpose Lease Miscellaneous Licence Mining Tenements: Surrender, Expenditure Conditions, Exemption and Forfeiture General Provisions Relating to Mining Tenements Priority, Registration, Dealings and Documentation Compensation and Securities Part IV Proceedings and Warden’s Court Miscellaneous Provisions Offshore Mining Uranium Mining Native Title and Aboriginal Heritage Laws Affecting Mineral Exploration and Production Environmental Protection Mines Safety
Tertiary; University or College
Number Of Pages: 448
Published: 9th October 2015
Publisher: FEDERAL PUB CO
Country of Publication: AU
Dimensions (cm): 23.5 x 15.9
Weight (kg): 0.91
Edition Number: 5
Edition Type: New edition