Resources & Mining
3. Legal Advice Framework
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 18 Aug 2015
- As there is a complex set of laws that apply over particular activities it is important to identify the relevant activities in the first instance.
- Where a project or a query arises it is also important to understand which legislative regimes might apply. The answer is not always clear.
- Companies with shareholders that are located overseas or cross border sale and purchase agreements may have cross border legal issues. Offshore resource projects may be affcted by geographical and sea boundaries.
- The parties and entities involved may give rise to important legal considerations. Some entities will have particular legal obligations. For example:
- company directors have legal obligations owing to their position; and
- traditional owners or native title claimants will also have particular rights.
- Before engaging a lawyer it is important to understand your objectives to ensure that appropriate legal advice can be provided. Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
- Understanding the timeframes is very important and thorough planning will reduce the risks of delays. Underestimating the time required to complete procedural steps or to obtain necessary approvals could result in delays and cost blow outs for resource projects:
- mining tenements are granted and must be renewed in accordance with particular timeframes; and
- right to negotiation requirements under the Native Title Act 1993 (Cth) are activated for a set period of time.
- A risk assessment should be undertaken well before commencing any activity. Lawyers can assist in considering the legal risks or implications.
View more Information on Industry Areas