Download Mining Energy and Natural Resources Law

Mining, Energy and
Natural Resources Law
FACULTY OF LAW CAPABILITY STATEMENT
Mining, Energy and Natural
Resources Law Capability
Statement
Mining, energy and natural resources are
areas of significance and growth in Western
Australia, nationally and globally. The Law
School of The University of Western Australia
through its Centre for Mining, Energy
and Natural Resources Law has over two
decades of experience in arranging highly
successful workshops and seminars in mining,
environmental law, water law and oil and gas
law. We have particular expertise in resources
law.
Specific emphasis is placed
on collaborative projects,
conferences, seminars and
workshops in conjunction with
the public and private sectors
Our programmes, courses and units respond to the
need for greater knowledge of oil and gas, mining,
energy and environmental regulation and expertise
in the legal governance of these fields. We have
expertise in delivering formal education courses at
undergraduate and postgraduate levels as well as
executive education and training.
Our research strengths are in offshore oil and gas
regulation, mining law and policy, petroleum law,
water law and governance, as well as broader
energy, environment and corporate governance
areas.
The University and the Faculty of Law are
expanding international networks with universities
and research centres and also with different
sectors including government, industry and the
legal profession.
We also recognised that inter-disciplinary
collaborations are critical and we are working
with engineering, science, politics and business
scholars to establish joint initiatives. Areas of
current collaboration include health and safety,
water management and decommissioning.
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The Centre for Mining, Energy
and Natural Resources Law
The Centre for Mining, Energy
and Natural Resources Law
(CMENRL ) promotes and
stimulates education and
research on legal issues arising
from the mining, energy and
natural resources sectors
of the Western Australian
and Australian economy. It
places particular emphasis
on collaborative projects,
conferences, seminars and
workshops conducted in
conjunction with the public and
private sectors.
CMENRL was established within
the Law School at The University
of Western Australia in 1990 in
response to the steadily increasing
profile of both mining and oil and
gas exploration and production in
Western Australia.
The Centre has a strong research
reputation whereby several
academics from UWA’s Law
School have been involved in the
establishment of the Australian
Mining and Petroleum Law Journal
(now the Australian Resources and
Energy Law Journal); Professor
Richard Bartlett and most recently
Professor Alex Gardner have been
editors.
Our expertise includes oil and gas regulation,
mining and energy law, corporate governance
for resources companies, project development
law, water and marine governance,
environmental law, and climate change and
emissions trading
The University of Western Australia | 01
People and Resources
The Faculty of Law comprises a number of energy and resources law specialists who
work across a range of key research and teaching areas.
John Chandler LLB S’ton.
John is Co-Director of the Faculty of Law’s Centre for Mining, Energy and Natural
Resources Law. John has been a practising lawyer for over 40 years specialising in
mining and petroleum development and brings a wealth of knowledge and experience to
his teaching and research interests which include oil and gas law, corporate governance
and resource investment.
Richard Bartlett LLB Leeds, LLM Alta., PhD W.Aust.
Richard is Co-Director of the Centre for Mining, Energy and Natural Resources Law and
teaches Mining and Energy Law. Richard has taught and practised in the area of native
title, mining, oil and gas and natural resources law in Canada and Australia for over 35
years. Richard’s research interests include native title, water law and mining law, with
particular reference to resource development and native title, and the law in relation to
water resources of Western Australia.
Alex Gardner BA LLB ANU, LLM Br.Col.
Since 1988, Alex has taught undergraduate and postgraduate students in public
paw, natural resources and environmental law. Alex’s research interests are in natural
resources and environmental law, with a special interest in water resources law. A
principal avenue for pursuing these research interests is through the National Centre for
Groundwater Research and Training through which he holds a current grant.
Erika Techera (Dean of Law) LLB Grad Dip Leg Pract UTS., PG Cert in Higher Ed.,
MEnvLaw LLM PhD Macq.
Erika is Dean of the Faculty of Law. She researches and teaches in international and
comparative environmental law. Her particular research interests include marine
environmental governance; cultural heritage law; and environmental management in
small island states. Erika teaches across a wide range of subjects and including Law of
the Sea and International Environmental Law.
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David Hodgkinson BA, LLB, MPhil
David’s main research interests are climate change mitigation and adaptation, with a
focus on climate change displacement - specifically legal and policy mechanisms such
as guiding principles to address the displacement problem.
Barbara Gordon LLB BJuris LLM W.Aust.
Barbara’s research interests include: Company Law; Corporate Insolvency and Secured
Lending and the regulation of those in positions of trust in relation to other people’s
money, particularly in the area of collective investments.
Joe Fardin BA, LLB UWA, Grad Dip Leg Prac, Dip Govt (Man) U Canb, LLM Dundee
Joe has a range of expertise in the areas of mining law and native title. His research has
focused upon a critical analysis of mining legislation and sector management. He has
also been involved in drafting mining industry regulations, model land access agreements
and procedural guidelines in support of reform process. He has provided legal advice
and representation to Aboriginal landowners on all aspects of native title, including the
statutory processes contained in the Native Title Act 1993 (Cth)(NTA).
Jared Clements B Com, LLB (Hons) Murdoch, Grad Dip Leg Prac
Jared’s research interests focus upon oil and gas regulation and taxation law. He has
previously practiced as a solicitor and advised key energy and resources corporations
on matters such as restructuring, divestment of its mining interests and transfers of
hybrid security interests, including advice on mining law issues, state agreements,
stamp duty, GST and income tax. He has also advised on international tax issues to
ensure tax efficient global mining operations.
Ian Murray BSc LLB W.Aust., LLM(Taxation) NSW
Ian researches in the areas of Resources Taxation and the intersection between Notfor-profit Law, Tax and Corporate Governance. He has more than 10 years’ experience
as a practitioner advising on not-for-profit tax issues and on resource industry tax
issues, regulated and unregulated mergers and acquisitions, fundraising and inbound
investment. In particular, he has been extensively involved in the taxation issues
arising under native title agreements, including in relation to the benefits management
structures established to hold native title payments.
The University of Western Australia | 03
Courses
Our courses are taught at all levels, in formal and executive education formats.
Undergraduate
We offer one elective Unit in the undergraduate law program: Mining & Energy Law. This gives
undergraduate students a solid introduction into the area.
Postgraduate
The Faculty of Law offers two specialist programs:
ÌÌ
Graduate Diploma of Energy Law
ÌÌ
Master of Mining and Energy Laws
ÌÌ
ÌÌ
ÌÌ
This program is designed to provide the
expertise to pursue careers in the mining and
energy industries. It covers general principles
of mining and oil and gas law, together with
the legislation and agreements relevant to
commercialisation and infrastructure.
Graduate Diploma in Commercial &
Resources Law
Master of Commercial & Resources Law
ÌÌ
This course builds professionals’ skills in
legislation, agreements, contractual systems
and regulatory controls applicable to the
resources sector.
These programs can be taken at graduate diploma
(six months full time) or Masters levels (one year
full time). Both programs are available to law and
non-law graduates and are taught as intensive and
block teaching.
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Higher degrees
We have supervisory expertise across the full range
of areas in which we teach. Through the Faculty of
Law students can undertake an MPhil, SJD or PhD.
Executive education and training
The Faculty offers a range of workshops and short
courses including mining, energy, oil and gas
workshops run over 3 to 4 days. Attendees are
drawn from Australia and overseas.
These courses combine practical sessions with
legal modules, supported by the provision of
detailed materials. They are characterised by strong
input from industry experts and the significant use
of current problems for work in syndicates.
‘We had the opportunity
of hearing from various
presenters including
lawyers, an economist, an
engineer etc who spoke on
different aspects in oil and
gas law...I walked away
with a solid foundation
... upon which I could
commence a career and
friendships that will outlast
the course’
Australian lawyers are required to undertake
Continuing Professional Development (CPD) and
the Faculty is an accredited provider of these
points.
The University of Western Australia | 05
Research
Research is critical if we are to address governance and regulatory challenges in ways
which balance economic development with social and environmental concerns. The
CMENRL seeks to achieve these goals through research projects, publications and
presentations.
Research Projects
Recent projects have focused upon partnering with industry on aspects of governance, as well as
domestic and international oil and gas regulatory issues. For example, in 2013 Professor Chandler
conducted a corporate governance survey of resources companies in collaboration with KPMG. This
survey is being repeated in 2015. Centre staff are currently working on diverse topic areas including the
legal regulation of oil rig decommissioning, marine spatial planning, and mining law reform.
Selected Publications
Bartlett, R. The Proprietary Nature of Native Title
Bartlett, R. Native Title and Fishing Rights
Daintith, T. FINDERS KEEPERS? How the Law of Capture Shaped the World Oil Industry
Daintith, T. Compulsory Unitisation in the Australian Offshore: History’s Lessons for Reform
Hunter, T., Chandler, J.A. Petroleum Law in Australia
McKay, C., Gardner, A. Australia: From “No Regrets” to a Clean Energy Future?
McKay, C., Gardner, A.W. Water Accounting Information and Confidentiality in Australia, Federal Law Review
Mascher, S.L., Hodgkinson, D.I. Australia: From “No Regrets” to a Clean Energy Future? Climate Change and the Law
Southalan, J.L. Parliamentary-ratified Agreements in the Resources Sector Long Term Contracts
Southalan, J.L. Climate change, law, and criminology, Oil, Gas And Energy Law
Techera, E. Climate change, legal governance and the Pacific Islands: an overview Climate Change and Indigenous Peoples: The Search for Legal Remedies
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Engagement
The Faculty of Law and the CMENRL engage widely with industry, government and the
legal profession.
Faculty and CMENRL membership
Centre membership includes a number of Adjunct and Honorary staff. These scholars and practitioners are
drawn from other universities, legal practice, industry and government. These professionals contribute by
participating in our teaching programs and workshops and also through research projects.
External Engagement
CMENRL staff are members of a number of peak bodies both nationally and internationally. The Centre
collaborates with the Australian Mining and Petroleum Law Association (AMPLA) a key organisation which
hosts a national resources law conference each year and supports our research. Associate Professor Alex
Gardner is currently editor of the AMPLA Journal.
International Engagement
The Centre has links with other specialist academic
institutions around the world. These include the University
of Aberdeen and University of Dundee both of which have
strong resources law teams and programs. The Faculty
of Law has also built a relationship with the University of
Ghana Law School, and assisted in building capacity to
teach mining and energy law in country. We continue to
expand these relationships and extend our network.
Other initiatives
The Faculty of Law offers a Visiting Scholar program to
encourage Professors and other academics to spend time
at UWA. We have also established a Visiting Professional
Program for non-academic practitioners, to encourage
them to share their insights and expertise with staff and
students.
We are keen to expand our networks and welcome
expressions of interest from those interested in research
and teaching collaborations
The University of Western Australia | 07
Faculty of Law
The University of Western Australia
M2945, 35 Stirling Highway
Crawley WA 6009
Tel: +61 8 6488 2945
Fax: +61 8 6488 1045
law.uwa.edu.au
CRICOS Provider Code: 00126G