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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. ii | www.uwa.edu.au 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. 02 | www.uwa.edu.au 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. 04 | www.uwa.edu.au 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 06 | www.uwa.edu.au 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