Resources and mining law is a broad area incorporating commercial and corporate law and on the ground statutory compliance matters. There are a range of other relevant legal considerations such as employment and occupational health and safety law.

Corporate and commercial resource matters involve compliance with the Australian Corporations Act 2001 (Cth) and other legislation. If a resource company is listed on a stock exchange then it will also be governed by the relevant exchange listing rules. Some public companies are listed on several stock exchanges further complicating their reporting and compliance requirements. The company will also be bound by a constitution and possibly a shareholders agreement.

Corporate activity such as takeovers of a public company will be governed by legislation and the takeovers code that protects shareholders. The actions and inactions of any directors are also subject to legislation. Taxation, royalties and withholding tax will also be governed by applicable legislation.

Where a particular company’s shareholders are located overseas then cross-border jurisdictional issues need to be considered. An example of this is in relation to dividend payments from an Australian company to its overseas shareholders. Bilateral taxation treaties may also apply.

Australian resource activities are generally governed by a complex mix of state or territory and federal legislation. By way of example the Western Australian Mining Act 1978 (WA) would apply to the grant and management of mining tenements in Western Australia and a mining tenement is specifically defined in the legislation. Resource projects would also involve a range of land tenure requirements such as infrastructure, exploration and mining that each have their own particular legislative requirements. Federal legislation such as the Native Title Act 1993 (Cth) may also apply to the grant of a particular mining tenement in Western Australia.

This Legal Guide on Mining and Resources provides general information about the laws relevant to the mining and resource sector. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.