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June/July 2022

IN THIS EDITION

What the Fraser?

Recent Regulatory Updates

How To Tools

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David Salim
Company Principal,
Principal Lawyer at Hetherington and Board Member & Mining Specialist at Barker Henley Global.

NOTE FROM THE EDITOR

Well, haven’t the last few months been interesting? A new Federal Government, multiple interest rate rises and our mining and resources sector experiencing huge global interest and increased Federal Government attention.

INDUSTRY OUTLOOK

The recently released Fraser Survey sees Australia outperform on the global stage; ranking No. 1 in Investment Attractiveness and Best Practices Mineral Potential (followed closely by Canada and the United States) and No.3 on the Policy Perception Index.

As a company with active operations across both Australia and Canada, Hetherington has seen first-hand the unprecedented growth in these regions. This said, not everything in the Fraser Survey appears to be as accurate, with several disparities between public perception and the reality ‘on the ground’ in the various Australian jurisdictions.

Insights from the Field compares the results of the Fraser Survey with the tenement data published by each state Government Department, to identify the states facing significant imminent growth and those facing diminishing international attention.

Closer to home, and we cover WA’s upcoming Mining Rehabilitation Fund obligations and a new Work Health and Safety regime.

Relevantly, we also focus on important regulatory trends across the various jurisdictions, which include:

  • A focus on inspections in South Australia
  • Streamlining regulatory approval processes in Western Australia
  • Tightening of regulations through legislative reforms in New South Wales
  • An increase in prescribed fees in Queensland

Finally, we provide a Dictionary of Terms translating the many terms used to describe tenure types across jurisdictions.

WHAT’S HAPPENING AT HETHERINGTON

Lots has been happening at Hetherington. Since our last edition of the Hetherington Post, we have had the privilege of becoming the custodian of Mining Title Services (MTS), which is now part of the Hetherington Group, welcoming a number of new clients and continuing the great work diligently carried out by Bob Harrison over the past 53 years.

Reflecting Australia’s increasing appeal to overseas investors, I recently joined the Board of Barker Henley Global, to advise on the acquisition of mines in Australia and internationally, across all commodity groups.

The Hetherington team has put the lockdowns of 2020 and 2021 excitedly behind them to catch up with our clients at popular industry events, including the IQA Conference and Mines and Wines, where our environmental team presented at both on topical environmental and rehabilitation issues. For information regarding these presentation topics, don’t hesitate to get in touch.

Later this month, we celebrate our very own Tamara Woods, who is a finalist for the NSW Minerals Council Exceptional Young Women Award. We also hope to see many of you at the NSW Minerals Council HSEC Conference in July, and Diggers & Dealers and NT Resources Week in August.

Read on for what’s new in tenement, legal and environmental compliance.

WHAT THE FRASER?

INSIGHTS FROM THE FIELD

As we all know, prosperity in the mining industry is driven by strong market confidence.

The Fraser Institute’s Survey of Mining Companies 2021 is a global study that ranks the perceptions and attitudes of over 290 exploration and mining professionals across the globe.

Read more

RECENT REGULATORY UPDATES

MINING REHABILITATION FUND

Key Takeaways
Tenement holders have a responsibility to contribute to the Mining Rehabilitation Fund (MRF) annually for each of their respective tenements. If you haven’t had any exposure to the MRF, then that’s okay because we’ve summarised everything that’s relevant to you as a tenement holder and what your obligations to the MRF are.

Read more

WORK HEALTH & SAFETY – KEY THINGS TO BE AWARE OF

Key Takeaways
The Work Health and Safety Act 2020 (WA) and Work Health and Safety (General) Regulations 2022 (WA) came into effect on 31 March 2022.

As per the media statement released by the Minister for Mines and Petroleum; Energy; Corrective Services; Industrial Relations — the new laws recognise modern work relationships such as subcontractors and gig economy workers and introduces the term ‘person conducting a business undertaking’ (PCBU).

Read more

OTHER REGULATORY UPDATES

SOUTH AUSTRALIA
The South Australian Department for Energy and Mining has released the Annual Mineral Resources Regulation Report.

WESTERN AUSTRALIA
In light of a significant increase in applications for Programme of Work (42%) and Mining Proposals (10%), the Western Australian Mines and Petroleum Minister Bill Johnston has endorsed an Approval Response Plan to accelerate exploration and mining approvals following a significant increase in applications this financial year.

NEW SOUTH WALES
In New South Wales the Mining and Petroleum Legislation Amendment Bill 2022 (NSW) was assented on 6 June 2022.

QUEENSLAND
A new Fee Unit Model introduced by the Queensland Government in 2021 has now been implemented by the Department of Resources through amendments to the Mineral Resources Regulation 2013 (Qld) (MRR).

Read more

HOW TO TOOLS – A DICTIONARY OF TENEMENT TERMS

A quick guide to common mineral tenement types (including their abbreviations) and related operations across all Australian jurisdictions.

Read more

The post June/July 2022 appeared first on Hetherington.



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June/July 2022

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