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Resources & Mining

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 18 Aug 2015

T2. How a Lawyer Can Helphe legislative framework governing any resource company or resource project is complex. In some instances non-compliance may result in criminal prosecutions particularly in relation to environmental or heritage regulations. Legal advice should be sought in almost all cases.

Lawyers may assist in almost all commercial activities relating to mining and resource projects and companies including:

  • identifying the relevant initial legal issues or risks for a particular resource project and the laws that potentially apply;
  • drafting or advising on commercial or corporate documents such as contracts with resource companies or shareholders agreements for incorporated joint ventures;
  • ensuring employment and OH&S compliance for resource companies, their contractors and employees;
  • ensuring compliance with all corporate laws including taxation requirements;
  • identifying land access requirements such as the processes for the grant and maintenance of mining tenements and the procedural requirements relating to land owners including traditional owners; and
  • undertaking and reporting on due diligence assessments in respect to the sale and purchase or project financing of a resource company or project to ascertain legal compliance.

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