IN THIS EDITION
Insights from the field
Recent Regulatory Updates
Updates
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David Salim
Group CEO & Principal Solicitor, Hetherington
Board Member,
Barker Henley Global
NOTE FROM THE EDITOR
We would like welcome you to another edition of our Hetherington Post, detailing the latest in Tenement News, Mining Law and Environmental Approvals.
In this edition of the Hetherington post, we explore the results from the recent Fraser survey, discuss changes for the heritage clearance process for exploration and Mining activities as a result of the new Aboriginal Cultural Heritage Act 2021 (WA) that has come into place on 1 July, and provide a summary of the Twarl Native Title Compensation Case.
INSIGHTS FROM THE FIELD
The results of the Fraser Institute’s Survey of Mining Companies for 2022 were released in May. This Is a global study that ranks the perceptions and attitudes of 180 exploration and mining professionals across the globe towards 62 jurisdictions.
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RECENT REGULATORY UPDATES
NSW MINERALS COUNCIL EXPLORATION & TENURES
Key Takeaways
- Holding an authorisation is enough to trigger a compliance audit, however a compliance audit may be triggered by specific events such as the grant of cooperative exploration funding.
- Authorisation holders are given little notice of an impending compliance audit.
- The kev to successtu combiance audits is understanding the nature and source of your obligations, having well implemented procedures to manage obligations from the grant of your authorisation and ensuring your procedures remain current as regulatory change occurs.
- It is too late to start preparing for a compliance audit once notification of an upcoming audit has been received
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TJIWARL NATIVE TITLE COMPENSATION CASE
Key Takeaways
The McGowan Government and the Tjiwarl Aboriginal Corporation have reached a historic settlement for three native title compensation claims located in the Northern Goldfields region. Settlement negotiations took place through a Federal Court mediation process and have resulted in the finalisation of the Tjiwarl Palyakuwa (Agreement), an Indigenous Land Use Agreement. A core part of the Tjiwarl Palyakuwa (Agreement), is the establishment of new Tjiwarl-specific native title processes which will apply to applications for tenements under the Mining Act 1978 (WA).
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2022 SOUTH AUSTRALIAN EXPLORATION AND MINING CONFERENCE
Hetherington was pleased to sponsor and present at the South Australian Exploration and Mining Conference in December 2022. The presentation highlighted the significant regulatory developments that took place in South Australia in 2021 with the introduction of the amended Mining Act 1971 (SA) (“Mining Act”) and Mining Regulations 2020
(“Mining Regulations”).
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ABORIGINAL CULTURAL HERITAGE ACT
As you may be aware, on the 1st of July 2023 the Aboriginal Cultural Heritage Act 2021 (ACH Act) came into force and has significantly changed the heritage clearance process for mining and exploration activities.
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UPDATES
STRATEGIC PARTNERS
In response to numerous requests from clients, Hetherington has formed strategic alliances with insurance and safety providers, to assist clients
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UPCOMING EVENTS
Hetherington is proud to be this year’s Legal Partner at the 2023 Mining News Select conference held at the Pan Pacific in Perth from the 18th – 19th of September.
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